By Andy Altemos, Senior Technical Advisor    November, 2007

Stretch- or shrink-wrapped trays: What are they? Package or Overpack?

Sections 171.8 and 173.25,
letter dated October 17, 2007
to Mr. Richard Hessen,
Reckitt Benckiser, Inc.

This letter addresses the use of stretch- or shrink-wrapped trays as outer packagings for inner packagings that meet the requirements for limited quantities or consumer commodities, as authorized under § 173.25(b) of the HMR. One useful aspect of the letter is that it offers an interpretation of the intended meaning of the terms “shrink-wrapped tray” and “stretch-wrapped tray” - terms which are not actually defined in the HMR. The definitions offered by DOT are not themselves remarkable. For example, the definition of “tray” is a standard dictionary definition that would otherwise have been applicable in the absence of a specific definition for the term in the HMR. Nevertheless, the letter provides a clear statement of DOT’s intent that gives direction to those interested in employing this type of packaging. The letter also clarifies through example what would be considered a suitable “tray” for this purpose, and, in particular, that a flat sheet of corrugated fiberboard would not be considered a tray.

But what is of interest from a broader perspective is that the letter appears to imply that under the HMR this packaging system is considered an “overpack”. The letter states that under the HMR “shrink-wrapped or stretch-wrapped trays are considered ‘overpacks’ for consolidating inner packagings of limited quantity or consumer commodity hazardous materials”. In the UN Model Regulation and associated international regulations, shrink- or stretch-wrapped trays containing inner packaging are authorized “packages” for limited quantities of dangerous goods. Indeed, even in the text of § 173.25(b) the shrink- or stretch-wrapped trays are described as “outer packagings” for the inner packagings.

So, are these shrink-wrapped and stretch-wrapped trays with inner packagings containing limited quantity or consumer commodity hazardous materials “overpacks” or are they “packages”? As stated in the letter, in § 171.8 of the HMR, “overpack” is defined as “an enclosure used by a single consignor to provide protection or convenience in package handling, or to consolidate two or more packages” (emphasis added). Further, the term “packaging” (note that a “package” is simply a “packaging” with its contents) is defined in § 171.8 as “a receptacle and any other components or materials necessary for the receptacle to perform its containment function in conformance with the minimum packing requirements of [the HMR]” (emphasis added). Finally, “inner packaging” is defined as “a packaging for which an outer packaging is required for transport.”

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