49 C.F.R. § 173.153   Exceptions for Division 6.1 (poisonous materials).


Title 49 - Transportation


Title 49: Transportation
PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS
Subpart D—Definitions Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7

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§ 173.153   Exceptions for Division 6.1 (poisonous materials).

Link to an amendment published at 71 FR 14603, Mar. 22, 2006.

(a) General. Exceptions for hazardous materials shipments in the following paragraphs are permitted only if this section is referenced for the specific hazardous material in the §172.101 table of this subchapter.

(b) Limited quantities. The exceptions in this paragraph do not apply to poison-by-inhalation materials. Limited quantities of poisonous materials (Division 6.1) in Packing Group II and III are excepted from the specification packaging requirements of this subchapter when packaged in combination packagings according to this paragraph. In addition, shipments of limited quantities are not subject to subpart F (Placarding) of part 172 of this subchapter. Each package must conform to the packaging requirements of subpart B of this part and may not exceed 30 kg (66 pounds) gross weight. The following combination packagings are authorized:

(1) For poisonous materials in Packing Group II, inner packagings not over 100 mL (3.38 ounces) each for liquids or 0.5 kg (1.1 pounds) each for solids, packed in a strong outer packaging.

(2) For poisonous materials in Packing Group III, inner packagings not over 4 L (1.0 gallon) each for liquids or 5.0 kg (11 pounds) each for solids, packed in a strong outer packaging.

(c) Consumer commodities. The following provisions apply to consumer commodities:

(1) A limited quantity of poisonous material in Packing Group III which conforms to the provisions of paragraph (b) of this section, and is a “consumer commodity” as defined in §171.8 of this subchapter, may be renamed “Consumer commodity” and reclassed as ORM–D.

(2) A poisonous material which is a drug or medicine and is a “consumer commodity” as defined in §171.8 of this subchapter, may be renamed “Consumer commodity” and reclassed as ORM-D material if packaged in a combination packaging not exceeding 30 kg (66 pounds) with inner packagings not over 250 mL (8 ounces) net capacity for liquids or 250 g (8.8 ounces) net capacity for solids packed in strong outer packagings. Each package must conform to the packaging requirements of subpart B of this part.

(3) Packages of ORM-D material are excepted from the specification packaging requirements of this subchapter and from the labeling requirements of subpart E of part 172 of this subchapter. Shipments of ORM-D material are eligible for the exceptions provided in §173.156 and in paragraph (b) of this section and are not subject to the shipping paper requirements of subpart C of part 172 of this subchapter, unless the material meets the definition of a hazardous substance, a hazardous waste, or a marine pollutant or unless offered for transportation or transported by aircraft.

[Amdt. 173–224, 55 FR 52634, Dec. 21, 1990, as amended by Amdt. 173–231, 57 FR 52940, Nov. 5, 1992; 66 FR 45381, Aug. 28, 2001; 68 FR 45033, July 31, 2003; 69 FR 76156, Dec. 20, 2004]

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