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.#