[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR172.401]

[Page 381]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 
                      DEPARTMENT OF TRANSPORTATION
 
PART 172_HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
 
                           Subpart E_Labeling
 
Sec.  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:
    (1) The UN Recommendations (IBR, see Sec.  171.7 of this 
subchapter);
    (2) The IMDG Code (IBR, see Sec.  171.7 of this subchapter);
    (3) The ICAO Technical Instructions (IBR, see Sec.  171.7 of this 
subchapter);
    (4) The TDG Regulations (IBR, see Sec.  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]