Division 6.1 (poisonous) and Division 2.3 (poisonous gas) materials.

(See also § 177.834 (a) to (j).)

(a) Arsenical compounds in bulk. Care shall be exercised in the loading and unloading of “arsenical dust”, “arsenic trioxide”, and “sodium arsenate”, allowable to be loaded into sift-proof, steel hopper-type or dump-type motor-vehicle bodies equipped with water-proof, dust-proof covers well secured in place on all openings, to accomplish such loading with the minimum spread of such compounds into the atmosphere by all means that are practicable; and no such loading or unloading shall be done near or adjacent to any place where there are or are likely to be, during the loading or unloading process assemblages of persons other than those engaged in the loading or unloading process, or upon any public highway or in any public place. Before any motor vehicle may be used for transporting any other articles, all detectable traces of arsenical materials must be removed therefrom by flushing with water, or by other appropriate method, and the marking removed.

(b) [Reserved]

(c) Division 2.3 (poisonous gas) or Division 6.1 (poisonous) materials. The transportation of a Division 2.3 (poisonous gas) or Division 6.1 (poisonous) material is not permitted if there is any interconnection between packagings.

(d) [Reserved]

(e) A motor carrier may not transport a package:

(1) Bearing or required to bear a POISON or POISON INHALATION HAZARD label in the same motor vehicle with material that is marked as or known to be a foodstuffs, feed or edible material intended for consumption by humans or animals unless the poisonous material is packaged in accordance with this subchapter and is:

(i) Overpacked in a metal drum as specified in § 173.25(c) of this subchapter; or

(ii) Loaded into a closed unit load device and the foodstuffs, feed, or other edible material are loaded into another closed unit load device;

(2) Bearing or required to bear a POISON, POISON GAS or POISON INHALATION HAZARD label in the driver's compartment (including a sleeper berth) of a motor vehicle; or

(3) Bearing a KEEP AWAY FROM FOOD label with materials marked as or known to be foodstuffs, feed, or any other edible material intended for consumption by humans or animals unless the package bearing the KEEP AWAY FROM FOOD label is separated in a manner that, in the event of leakage from packages under conditions normally incident to transportation, commingling of hazardous materials with foodstuffs, feed, or any other edible material would not occur.

[29 FR 18795, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967, as amended by Amdt. 177-89, 62 FR 1236, Jan. 8, 1997]

Editorial Note: For Federal Register citations affecting § 177.841, see the List of CFR Sections Affected appearing in the Finding Aids section of this volume.