By Andy Altemos, Senior Technical Advisor    November, 2007

GHS markings similar to class hazard transport labels on packages of materials: Prohibited marking? On packages not regulated as hazardous materials in transport: Compliance problem?

Sections 172.401 and 172.407,
letter dated September 28, 2007,
to Mr. Michael Morrissette, Dangerous Goods Advisory Council

The new UN Globally Harmonized System of Classification and Labeling of Chemicals (“the GHS”) is now being, or soon will be, implemented in various parts of the world. This new system will have to be taken into account when importing and exporting hazardous materials from and to the United States. Part of the GHS system involves the use of “pictograms” to convey the hazards of various chemicals covered by the system. These pictograms must be in the shape of a square-on-point which includes symbols and graphic elements to communicate the hazard of the material. Not only is the basic shape of these pictograms similar to that of the class hazard transport labels, but also the symbols used are in many cases similar to those used on transport labels. The similarity of the GHS pictograms to the transportation hazard labels both in terms of shape and content, had raised the question of whether display of those pictograms on packages in transport would be considered prohibited under the “prohibited labeling” provisions in § 172.401 of the HMR. Paragraph (b) of this section prohibits the display on any package offered for transport or transported, of any marking or label “which by its color, design, or shape could be confused with or conflict with a label prescribed by [the HMR]”.

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