§  173.153 Exceptions for Division 6.1 (poisonous materials).

(a) General. Exceptions for hazardous materials shipments in the following paragraphs are permitted only if this section is referenced for the specific hazardous material in the §  172.101 table of this subchapter.

(b) Limited quantities of Division 6.1 materials. Limited quantities of poisonous materials (Division 6.1) in Packing Group III are excepted from the specification packaging requirements of this subchapter when packaged in combination packagings according to this paragraph. In addition, shipments of these limited quantities are not subject to subpart F of part 172 (Placarding) of this subchapter. Each package must conform to the packaging requirements of subpart B of this part and may not exceed 30 kg (66 pounds) gross weight. The following combination packagings are authorized:

(1) For poisonous liquids, inner packagings not over 4.0 L (1 gallon) net capacity each, packed in strong outer packagings; and

(2) For poisonous solids, inner packagings not over 5.0 kg (11 pounds) net capacity each, packed in strong outer packagings.

(c) Consumer commodities. The following provisions apply to consumer commodities:

(1) A limited quantity which conforms to the provisions of paragraph (b) of this section and is a "consumer commodity" as defined in §  171.8 of this subchapter, may be renamed "Consumer commodity" and reclassed as ORM-D material.

(2) A poisonous material which is a drug or medicine and is a "consumer commodity" as defined in §  171.8 of this subchapter, may be renamed "Consumer commodity" and reclassed as ORM-D material if packaged in a combination packaging not exceeding 30 kg (66 pounds) with inner packagings not over 250 mL (8 ounces) net capacity for liquids or 250 g (8.8 ounces) net capacity for solids packed in strong outer packagings. Each package must conform to the packaging requirements of subpart B of this part.

(3) Packages of ORM-D material are excepted from the specification packaging requirements of this subchapter and from the labeling requirements of subpart E of part 172 of this subchapter. Shipments of ORM-D material are eligible for the exceptions provided in §  173.156 and in paragraph (b) of this section and are not subject to the shipping paper requirements of subpart C of part 172 of this subchapter, unless the material meets the definition of a hazardous substance, a hazardous waste, or a marine pollutant or unless offered for transportation or transported by aircraft.

[Amdt. 173-224, 55 FR 52634, Dec. 21, 1990, as amended by Amdt. 173-231, 57 FR 52940, Nov. 5, 1992; 66 FR 45381, Aug. 28, 2001]