{"operation":"document","citation":"99-0283","title":"Paperboard Products — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-01-20","effective_on":null,"summary":"99-0283 response to Paperboard Products concerning 178.503.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0283.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0283.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0283","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990283.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nResearch and\nWashington, D.C.\necial Progran\nministratio\nJAN 2 0 2000\nMr. Jonathan A. Marks\nPaperboard Products\nRef. No: 99-0283\n21 Shafer Place\nHackensack, NJ 07601-2266\nDear Mr. Marks:\nThis is in response to your letter of October 14, 1999, requesting clarification of the marking\nrequirements for UN standard packagings in § 178.503 of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180).\nYou reference a letter from this Office dated June 29, 1992, which states \"for combination or\ncomposite packagings, the actual date of manufacture may be considered to be either the date on which\nthe outer packagings was manufactured or the date on which the packaging was assembled (i.e., inner\npackagings placed in outer packaging with cushioning material).\" You ask whether it is permitted for a\npackaging manufacturer to mark a combination packaging as meeting a UN standard but leave the date\nelement blank so that the customer may fill in the date the packaging is \"assembled\" as discussed in our\nJune 29, 1992, letter. You also ask what the packaging manufacturer's liability is when leaving an\nelement in the specification marking blank.\nAs previously stated, a combination or composite packaging may be marked as being \"manufactured\"\non the date on which the packaging was assembled. \"Assembly\" is the physical act of placing inner\npackagings or a liner into an outer packaging. A packaging manufacturer may leave the date element\nblank in the packaging certification marking; however, as required by § 178.2(c) each person to whom\na packaging is transferred must be notified of all requirements not met at time of transfer. The\nnotification for such a packaging should include a statement advising that the packaging is considered to\nmeet the marked standards only when the customer has marked the year of assembly on the\npackaging. This is also true if the packaging manufacturer chooses to mark a future date on the\npackaging per a customer's request. The notification for such a packaging should state that the\npackaging is considered to meet the marked standard only if assembled in the year marked.\n990283\n178.503\n\n<<<PAGE 2>>>\n\n2\nAnother option would be for a packaging manufacturer to manufacture the packaging to a tested UN\nstandard, but not place any packaging certification marks on the packaging. The customer would then\nself certify as the manufacturer by placement of the complete required UN standard marking on the\npackaging.\nI hope this information is helpful.\nSincerely,\nDirector\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n-\nfG2! 7. E. AON\nPaperboard Products\nDivision Of International Container Company\n21 Shafer Place\nEngrum\n201-440-1600\nHackensack, N.J. 07601-2266\n800-526-8334\nFax 201-440-6740\n$178.503\ne-mail paperbd@cybernex.net\n99-0283\nEdward Mazzullo, Director\nOffice of Hazardous Material Standards\nDHM-10\ni\nSent Via UPS \"RED\"\nResearch & Special Programs Administration\nTracking No.\n400 7* Street, SW\n1Z0789530110000533\nWashington, DC 20590-0001\nRef: Year Date Code for 4G UN Packaging\nDear Mr. Mazzullo,\nOctober 14,1999\nI am writing to you for clarification as to the correct year date code required to be\nused on UN certified packaging. It is our understanding as documented in the IATA 39th\nedition, that the year date code should be the year in which the packaging was\nmanufactured.\nOne of our customers (Dayron Inc.) has forwarded us a copy of a letter from your\noffice. This letter is addressed to Alliant Tech Systems, Inc. and references their\ncorrespondence dated May 15, 1992.\nIn your response we are in complete agreement with your Q1 & A1, which states\nthat the year code should be the year in which the packaging was manufactured. However,\nQ2 & A2 are confusing. The beginning of A2 is in agreement with A1 (year of packaging\nmanufacture) but, halfway through it reads \"However, for combination or composite\npackaging, the actual date of manufacture may be considered to be either the date on\nwhich the outer packaging was manufactured or the date on which the packaging was\nassembled.\"\nI telephoned your assistance number and was advised by a member of your staff\nthat we had the option of either printing the year in which we manufacture the packaging,\nor leaving the year date code blank. If the year date is left blank it is our customers\nresponsibility to ensure that the correct year date code is inserted at the time of their\n\n<<<PAGE 4>>>\n\nactual packing of the carton. Additionally, this removes responsibility to us the box\nmanufacture for the date coding. We are still required to manufacture the packaging in\naccordance with a certified test report.\nIf the date code is left blank how does the user of that package know when the\nmaterial was actually manufactured? Isn't the date code required to verify that the\npackage was made in accordance with a certified test report (2 year time period)?\nFurthermore, in your letter you reference \"assembly\": is this the assembly of\nmaterials used to manufacture the package(i.e. linerboard/medium), or is this the\ncustomers physical act of packing the box with their product, or the manufacture of their\nproduct which then gets placed within the package?\nWe request your immediate attention to this matter as our customer (Dayron Inc.)\nhas a current government contract for which we require this matter clarified. They have\nrequested we use the year code of \"00\". I have explained that in accordance with the\ndocumentation we have at this time this is not possible. We need to document the correct\nprocedure to ensure compliance by us and our customers.\nWe thank you in advance for your prompt assistance with this matter. If you have\nany question, please do not hesitate to phone me at the above referenced numbers.\nAdditionally, if possible could you please fax your response to 201-440-6740 as time is of\nthe essence.\nSincerely,\nPaperboard Products Div. Of\nInternational Container Co.\nJonathan A. Marks\nPresident\nCC: Dayron Inc.\nFile:DOT-Dayron101499","truncated":false,"body_characters":6019}