Pipeline and Haz. Matls. Safety Admin., DOT
(8) Packages containing toy plastic
or paper caps for toy pistols described
as  - UN0349, Articles, explosive, n.o.s.
(Toy caps), 1.4S -  or  - NA0337, Toy caps,
1.4S -  when offered in conformance with
the conditions of Section 172.102(c)(1), Special
provision 382.
(b) Certain exceptions to labeling requirements are provided for small
quantities and limited quantities in applicable sections in part 173 of this subchapter.
(c) Notwithstanding the provisions of
Section 172.402(a), a Division 6.1 subsidiary
hazard label is not required on a package containing a Class 8 (corrosive)
material which has a subsidiary hazard
of Division 6.1 (poisonous) if the toxicity of the material is based solely on
the corrosive destruction of tissue
rather than systemic poisoning. In addition, a Division 4.1 subsidiary hazard
label is not required on a package bearing a Division 4.2 label.
(d) A package containing a material
poisonous by inhalation (see Section 171.8 of
this subchapter) in a closed transport
vehicle or freight container may be excepted from the POISON INHALATION
HAZARD or POISON GAS label or
placard, under the conditions set forth
in Section 171.23(b)(10) of this subchapter.

Section 172.402

(1) The UN Recommendations (IBR,
see Section 171.7 of this subchapter);
(2) The IMDG Code (IBR, see Section 171.7 of
this subchapter);
(3) The ICAO Technical Instructions
(IBR, see Section 171.7 of this subchapter);
(4) The TDG Regulations (IBR, see
Section 171.7 of this subchapter).
(5) The Globally Harmonized System
of Classification and Labelling of
Chemicals (GHS) (IBR, see Section 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.
[Amdt. 172-9, 41 FR 15996, Apr. 15, 1976, as
amended by Amdt. 172-75, 47 FR 44471, Oct. 7,
1982; Amdt. 172-77, 47 FR 54822, Dec. 6, 1982;
Amdt. 172-94, 49 FR 38134, Sept. 27, 1984;
Amdt. 172-100, 50 FR 41521, Oct. 11, 1985;
Amdt. 172-123, 55 FR 52594, Dec. 21, 1990;
Amdt. 172-132, 58 FR 50501, Sept. 27, 1993; 66
FR 8647, Feb. 1, 2001; 66 FR 45379, Aug. 28,
2001; 68 FR 75741, 75742, Dec. 31, 2003; 74 FR
2252, Jan. 14, 2009]

[Amdt. 172-123, 55 FR 52594, Dec. 21, 1990]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting Section 172.400a, see the List of
CFR Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.fdsys.gov.

Section 172.401

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:

Section 172.402 Additional labeling requirements.
(a) Subsidiary hazard labels. Each
package containing a hazardous material - 
(1) Shall be labeled with primary and
subsidiary hazard labels as specified in
column 6 of the Section 172.101 table (unless
excepted in paragraph (a)(2) of this section); and
(2)For other than Class 1 or Class 2
materials (for subsidiary labeling requirements for Class 1 or Class 2 materials see paragraph (e) or paragraphs (f)
and (g), respectively, of this section), if
not already labeled under paragraph
(a)(1) of this section, shall be labeled
with subsidiary hazard labels in accordance with the following table:
SUBSIDIARY HAZARD LABELS
Subsidiary hazard
level (packing
group)
I ...........................

Subsidiary Hazard (Class or Division)
3
X

4.1

4.2

4.3

5.1

6.1

***

***

X

X

X

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