Stone Container Corporation — Hazardous Materials Safety Interpretation

Page 1-=.- • RIG. SYMBOL CONCURRENCES FEB | 7 1998 RIG. SYMBOL Mr. Richard M. Thomas Marketing and Technical Center Packaging Pertormance Specialist Stone Container Corporation "DATE 0 2021 Swift Drive Oak Brook, IL 60521 RIG. SYMBOL Dear Mr. Thomas: This is in response to your July 1, 1997 letter which follows prior correspondence and phone conversations concerning responsibility for substituting components for a UN standard packaging. "RTG. SYMBOL In a February 20, 1997 letter, this office replied to a question "INYIALSISIS from you as follows: Q3. It one of our customers asks us to reproduce a package that was originally manufactured by one of "RIG. SYMBOL our competitors and had been UN certified by a third party agency, which party should be included in the UN package marking: 1) the third party agency, 2) our plant, or 3) the customer? A3. The marking may not include the symbol of the RIG. SYMBOL "INiYIALS/SIG cretamar a Ben epity the proging at by tho third party agency. the customer is responsible for subsequent RTG. SYMBOL sec -10 In your July 1, 1997 letter, you objected to this response and Aut stated: "bATE" ... 21298 are unable to use a Third-Party Agency's Symbol on a IWle are looking for a better explanation as to why we RIG. SYMBOL VHM-10 current UN-Certified Package if we can prove that the fiberboard is identical in accordance with 49 CFR 178.601 (c) (4). "BATE" 2/12/28 98 - 0585 OFFICIAL FILE COPY#

Page 2position that you should be able to reproduce the "third-party You then set forth a number of reasons as a basis for your agency symbol. " You requested that this office further address your concerns. In attempting to further respond to you, the following discussion specitically addresses UN 4G combination packagings and generally reiterates what we have discussed in previous phone conversations: 1. The packaging "manufacturer, " as defined at 49 CFR 178.2 (e), is responsible for ensuring that each package is capable of passing the prescribed tests. I§ 178.601 (b) | "Manufacturer" means the person whose name and address or symbol appears as part of the specification markings required by this part or, for a packaging marked with the symbol of an approval agency, the packaging. person on whose behalf the approval agency cat "Specification markings" mean the packaging applicable, identification markings required by this part including, where the name and address or symbol of the packaging manufacturer or approval agency. [§ 178.2 (e)] changes a tested design type, if the packaging manufacturer any component, it is the packaging manufacturer's responsibility to ensure that the packaging with changed component does not differ from the previously tested design type. [178.601 (c) (4)] Otherwise, the packaging must be retested. 3. Only the packaging manufacturer, as identified through the specification marking, or a person acting on the manufacturer's the manufacturer bears responsibility for compliance. behalf, may make component substitutions to packagings for which 4. you in our February 20, 1997, letter assumes that your Based on the information you provided, the response given to competitor, and not your customer, is the manufacturer on whose behalf an approval agency has certified the packaging. Io the permission of the reproduce a packaging, including specification markings, without 171.2 (c). If a manufacturer produces a packaging and places manufacturer, is a violation of 49 CFR specification markings on the packaging, including the symbol of UN an approval agency that certified a packaging for the manufacturer would be representing to the public that the a competitor, approval approval agency had certified its package when in fact the This type of misrepresentation also would be a violation of 49 agency had never performed testing on that packaging. CFR 171.2 (c) . 2#

Page 35. If your customer is the packaging manufacturer, you may produce a replacement packaging component (for instance, a finished box blank or a knocked-down fiberboard box) if the manufacturer accepts responsibility for this change and ensures manufacturer's joint, board strength, board weight, water it does not differ from the original component le.g., design, manufacturer to ensure that such a change is not inconsistent resistance, etc.) Also, it is the responsibility with any specific description of test report required by § 178.601(1). For example, if the test report specifies a fiberboard box made by a specific company, substitution of another company's box would invalidate the altered report; i.e., it would not be possible to link the report to the packaging. amended by the packaging manufacturer to reflect the change. In this latter instance, the report may be For a report produced by an approval agency, amendment of the report must not violate the conditions and limitations of the approva. agency's certification and may necessitate obtaining the permission of the approval agency. responding. I hope this information is helpful and apologize for the delay in originai signes by sincerely Edward T. Mazzulia Director, Office of Hazardous Edward I. Mazzullo Materials Standards mazzullo:gt:dhm-10:68553:02/11/98 Revised: mazzullo/monniere:dhm-10/dcc:02/12/98 SC: 330 File:178.601 c: \let \mazzullo\stone.298#