Margarita Internaciona — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department MAR 24 2004 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration Ms. Janet S. Abel Development Coordinator Ref. No. 04-0036 Margarita Internacional PO Box 5569 Yuma, AZ 85366-5569 Dear Ms. Abel: This is in response to your February 19, 2004 letter regarding labeling under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request whether a hazardous material label can be applied to packages of non-hazardous materials. According to your letter, your company transports non-hazardous agricultural pesticides in overpacks Regulations" can be placed adjacent to the "Poison" label on packages and shipping documents. As provided in § 172.401, prohibited labeling does not apply to a packaging bearing a label specified in the HMR if that packaging is transported in a transport vehicle or freight container in such a manner that the packaging is not visible during transportation. In addition, prohibited labeling does not apply to packages labeled in conformance with the United Nations (UN) Recommendations, the International Maritime Dangerous Goods (IMDG) Code, the International Civil Aviation Organization (ICAO) Technical Instructions, or the Transport of Dangerous Goods (TDG) Regulations. Thus, if the "Poison" label is not visible through the overpack during transportation, you may apply it to packages of non- hazardous material. Further, if you are shipping your material in accordance with UN Recommendations, ICAO Technical Instructions, or the IMDG Code and the "Poison" label is egulated under the HMR. Under your scenario, a statement such as "non-DOT regulated" or "no equired by the international standard, then you may apply it to the packages of material that are not subject to U.S. DOT regulation" may appear on the packaging or shipping documents. I hope this information is helpful. Chief, Standards Development Office of Hazardous Materials Standards 040036 172,400#

Page 2roster $ 172-400 abeling 04- 0036 Margarita Internacional CoMeRcIo E Serviços, LIMITADA February 19, 2004 Mr. Edward Mazzullo USDOT/RSPA DHM/8 Director, Hazardous Material Stewardship 400 Seventh Street SW Washington DC 20590 Dear Mr. Mazzullo: When shipping a non-hazardous agricultural pesticide to another country, which considers the product to be hazardous, can it be labeled as a hazardous material in the U.S.? I am responsible for the preparation of Msds's and appropriate container labels for Margarita Internacional. This product is not DOT regulated within the U.S. but many other countries will identify ALL pesticides as Our company sells a pesticide called Botran which contains 75% Dicloran to customers outside of the U.S. Poison and require the skull and crossbones on the outer case package. When we ship to these countries, the overpack? Then we could identify the pesticide as "Not Subject to USDOT Regulations". Or, someone cases are in an overpack. Would it be legal to label the cases inside the overpack and not label the suggested that "Not Subject to USDOT Regulations" could be place adjacent to the Poison, Class 6 label and also on the shipping documents. Please advise. We won't be shipping this product for several months but I want to be fully prepared when we do. Sincerely Suck bal Development Coordinator Tel: (928) 819-1517 E-Mail: jabel@gowanco.com Fax: (928)373-1830#