Prohibited labeling.

(a) Except as otherwise provided in this section, no person may offer for transportation and no carrier may transport a package bearing a label specified in this subpart unless:

(1) The package contains a material that is a hazardous material, and

(2) The label represents a hazard of the hazardous material in the package.

(b) No person may offer for transportation and no carrier may transport a package bearing any marking or label which by its color, design, or shape could be confused with or conflict with a label prescribed by this part.

(c) The restrictions in paragraphs (a) and (b) of this section, do not apply to packages labeled in conformance with:

(1) The UN Recommendations (IBR, see § 171.7 of this subchapter);

(2) The IMDG Code (IBR, see § 171.7 of this subchapter);

(3) The ICAO Technical Instructions (IBR, see § 171.7 of this subchapter);

(4) The TDG Regulations (IBR, see § 171.7 of this subchapter).

(5) The Globally Harmonized System of Classification and Labelling of Chemicals (GHS) (IBR, see § 171.7 of this subchapter).

(d) The provisions of paragraph (a) of this section do not apply to a packaging bearing a label if that packaging is:

(1) Unused or cleaned and purged of all residue;

(2) Transported in a transport vehicle or freight container in such a manner that the packaging is not visible during transportation; and

(3) Loaded by the shipper and unloaded by the shipper or consignee.

[Amdt. 172-9, 41 FR 15996, Apr. 15, 1976]

Editorial Note: For Federal Register citations affecting § 172.401, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.