Regulatory Helpdesk: December 4, 2017

Top 4 Questions from the Regulatory Helpdesk

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. Here are some highlights from our helpdesk last week. Check back weekly, the helpdesk rarely hears the same question twice.

IMDG Editions

Q. What edition of the IMDG should I be using?

A. The customer would still need the 38th edition to get him through all of next year. The new 39th edition will be published at the end of 2018 but it can’t be used at all until Jan 1, 2019. Even then the 38th is still a viable option.

IMDG Transition Timeline
IMDG Transition Timeline

Placement of the Consignor’s Certification Statement

Q. Can the Consignor’s certification appear on a second page or on the back of the shipping document?

A. Yes, if there is no other non-DG information intervening when using the phrase in TDGR 3.6.1(1)(a). This phrase requires that the certification appear below the information specified in 3.5. The Transport Canada FAQ page indicates that the “consignor’s certification may appear on the back of the shipping document as long as it is after the information required under Section 3.5“.

Limited Quantities Under IMDG

Q. Can limited quantity provisions be used to ship under the IMDG Code?

A. Yes, but you should have IMDG Code training or consider a re-packing service if you are not trained, since the requirements are not the Continue Reading…

Regulatory Helpdesk: November 27, 2017

Top 4 Questions from the Regulatory Helpdesk

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. Here are some highlights from our helpdesk last week. Check back weekly, the helpdesk rarely hears the same question twice.

Lithium Battery Special Provision

Q. Why is only a reference to Packing Instruction Section IB required on a lithium battery Shipper’s Declaration – what about shipments made under Section I or IA?

A. Sections I and IA refer to fully regulated shipments so it’s redundant to indicate an authorization unless there’s a special provision deviation involved.

Although Section II shipments don’t require a Shipper’s Declaration document, if an airwaybill is used a notation must be made indicating the Section II status like ‘’Lithium ion batteries in compliance with Section II of PI— CAO’’.

This is particularly true for UN3090 or UN3480 where the document is required to indicate the CAO status.

Shippers also need to verify any listed state or operator variations that may require information over that mandate by IATA DGR.

Determining the Size of the Package

Q. I have a customer who wants a “portable tank” of product instead of our usual smaller sized containers, can I oblige?

A:

  • Characterize your product,
  • read the container supplier’s specification,
  • read the relevant regulation,
  • read the cited container standard; review 1. & 2. in the context of 3. & 4; decide on any required modifications.

Shipping Continue Reading…

Regulatory Helpdesk: November 20, 2017

Top 5 Questions from the Regulatory Helpdesk

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. Here are some highlights from our helpdesk last week. Check back weekly, the helpdesk rarely hears the same question twice.

Overpacks

Q. My shipment was refused even though I followed what the regulations and my training said for shipping an overpack. My drums were on a pallet and shrink wrapped. All of the information on the drums could be seen. I placed a sticker with the words “Overpack Used” on the shrink wrap and listed it that way on my paperwork. Can you tell me why my carrier refused it?

A. Per Section 7.1.7 the actual wording that must be used on your pallet is just the word “overpack”. It seems confusing to have different terminology used but that is how the regulations work and why you should be trained every 2 years for IATA.

Using Combustible Liquid, N.O.S. (USA)

Q. Since this product meets the combustible definition, can we use ‘NA1993 Combustible Liquids, n.o.s.’ to ship to Canada or does Canada only recognize the ‘UN1993 Flammable Liquids, n.o.s.’?

A. Basically, to me, she is asking what is the difference between NA1993 and UN1993 and how it impacts transporting into Canada. NA1993 is a US only identification number. It is used for transporting combustible liquids in the US.  Technically, a combustible liquid is NOT Continue Reading…

Regulatory Helpdesk: November 13, 2017

Top 4 Questions from the Regulatory Helpdesk

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. Here are some highlights from our helpdesk last week. Check back weekly, the helpdesk rarely hears the same question twice.

WHMIS Label Size Requirements

Q. Is there were size requirements for WHMIS labels?

A. No, the HPR does not mandate a size requirement other than saying it has to be legible. But, what does legible mean? As a general rule of thumb, which we have developed from reviewing many different labeling regulations is 10 mm for one side of the pictogram, and 2 mm for the font size (1.6 mm for a worst-case scenario).

IATA Special Provision

Q. What does  IATA’s Special Provision A191 mean?

A. It was determined that SP A191 means if you have a manufactured article with less than 5 kg of mercury in it (like a thermometer) then you don’t need the Class 6.1 label for mercury’s subsidiary hazard and you don’t have to list the 6.1 subsidiary hazard on the shipper’s declaration.   From what we can tell that only applies to UN3506 which is Mercury contained in manufactured articles.

Quantity Limits – TDG (Canada)

Q: What does the quantity limit in TDG Columns 8 & 9 represent in terms of Passenger conveyance restrictions- package, consignment, …?

A: Good point which many find confusing. The answer is in the often-overlooked Continue Reading…

Regulatory Helpdesk: November 6, 2017

Top 4 Questions from the Regulatory Helpdesk

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. Here are some highlights from our helpdesk last week. Check back weekly, the helpdesk rarely hears the same question twice.

Equivalent Exemption (Canada & US)

Q. What is the  US “equivalent” to TDGR Part 1 Special Case 1.33?

A. The reference is found in 49 CFR§173.150. Essentially the US says that, with conditions, a low risk flammable liquid may be “reclassified” as a combustible liquid; & combustible liquids may be exempted when in non-bulk packaging. Before using the exemption, also check the following:

  1. Verify that the actual ingredients don’t trigger the (US only) “RQ” requirement to classify as “hazardous substance” or “marine pollutant” designation which will negate the exemption under (f)(2).
  2. Verify that there is no subsidiary hazard class which would negate the exemption (US (f)(1) & TDG 1.33(a)).

Organic Peroxide Shipped by Ocean

Q. Can you confirm the packing group for UN3104 with Dibenzoyl Peroxide for IMDG?

A. UN3104 is Organic Peroxide Type C, solid. This is a class 5.2 material that does not have a packing group. However, Chapter 2.5 should be reviewed as well as Packing Instruction P520 and packing methods OP6.

A Spill Involving a Limited Quantity

Q. If I have a product being shipped in Limited Quantity, it’s not considered as being dangerous any more? So if there is Continue Reading…

Regulatory Helpdesk: October 30, 2017

Top 4 Questions from the Regulatory Helpdesk

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. Here are some highlights from our helpdesk last week. Check back weekly, the helpdesk rarely hears the same question twice.

WHMIS Labeling

Q. If a product is manufactured in Canada strictly for export into the US, does it require the French on the GHS label?

A. HPR (Hazard Products Regulations) section 5.14, subsection 3. These exemptions from labeling and SDS (safety data sheet) requirements apply to importation (subsection 5.14(2) of the HPR) and sale, for the purposes of exportation (subsection 5.14(3) of the HPR), of hazardous products that are not meant to be used in a work place in Canada. Such hazardous products do not require an HPR compliant label or SDS.

Lithium Battery Labels

Q. When does the 12 mm UN number height requirement start?

A. The IATA 59th edition states the UN number height should be 12 mm. Since IATA 59th edition becomes mandatory on January 1, 2018, the UN height change is effective then. Keep in mind however that IATA defines “should” as a recommendation, it is not mandatory.

Q. I have a question on the red slash marks all the way around the label – what is the requirement on that?

  • Do they have to be so many of the red slash marks? – is there a specific Continue Reading…
IATA
IATA Significant Changes to the 59th Edition

2018 IATA DGR Significant Changes

It’s that time of year, the IATA Dangerous Goods Regulations are released. This year marks the 59th Edition which includes the following significant changes:

  • Limitation have been adopted on the number of portable electronic devices (PED) and the number of spare batteries that may be carried by passengers or crew members.
  • Many operator variations have been added, changed, or deleted.
  • The classification sections now include all substances and articles in Class 9.
  • Several special provisions have been added, changed, or deleted.
  • There are new restrictions on packing lithium batteries (surprise, surprise).
  • Several packing instructions have been added, changed, or deleted.
  • The Lithium Battery label now has a recommended UN number height of 12mm.
  • Changes have been made to Appendix B, D, E, and F.

A new appendix has been added – Appendix I. This new Appendix provides details of what to expect in 2019. These changes are based on the changes arising from the UN model regulations, and agreed to by the ICAO panel.

Some of these changes include:

  • Replacement of the word “risk” with the word “hazard”.
  • Changes to the provisions for classification of corrosive substances. These changes will better align the classification with the GHS Subcommittee (or GHS recommendations).
  • A new requirement to make available the test data for Lithium Batteries (UN38.3 test).
  • New UN numbers: UN3537 and 3538, which are for Continue Reading…
WHMIS 2015
Health Canada Proposed Amendment to the HPR

chemical concentrations and ranges

Hooray for Ranges!

Finally, news that every Canadian chemical manufacturer, supplier, and importer has been waiting for.

On October 21, 2017, Health Canada proposed an amendment to the HPR (Hazardous Product Regulations) providing industry with the option to use prescribed concentration ranges rather than the actual chemical concentration on their SDS (safety data sheets).

When Heath Canada updated the HPR to include the Globally Harmonized System into their regulations, they removed the ranges that were previously allowed in the 1988 edition.

One can imagine the reaction from people in the industry. We have heard things like, “I am not going to give away my formulation,” or “Are they trying to put me out of business?“.

After many months and many discussions with industry, RDC (Responsible Distribution Canada) and other Canadian associations persuaded Health Canada to agree to amend the HPR to include ranges – providing relief to industry. HMIRA claims may still be required for those who want to further protect their formula; however, Health Canada expects that with this amendment HMIRA filings will not increase.

The following is what the proposed amendment states:

  • The amendment allows the use of prescribed concentration ranges to protect ingredient concentrations and concentration ranges that are considered CBI without having to submit claims for exemption under the HMIRA. These prescribed concentration ranges will be spelled out directly in the HPR. The concentrations and concentration ranges of Continue Reading…
Regulatory Helpdesk: October 23, 2017

Top 4 Questions from the Regulatory Helpdesk

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. Here are some highlights from our helpdesk last week. Check back weekly, the helpdesk rarely hears the same question twice.

#4. Shipping Lithium Batteries (USA-Ground)

Q. The customer asked if they had to fill out shipping papers for a battery contained in equipment that is less than 1 gram and less than 20 WH if shipping by ground within the U.S.

A. Shipping paper requirements are contained in 49 CFR Part 172 Subpart C.  The 49 CFR, 173.185 (C) states that a package containing lithium cells or batteries, or lithium cells or batteries packed with, or contained in, equipment, that meets the conditions of this paragraph is excepted from the requirements in subpart(s) C through H of part 172 of this subchapter, which in this case means that they are exempt from shipping paper requirements.

#3. Shipping Dry Ice by Ground in the USA

Q. A customer contacted me regarding the labeling and paperwork regulations of shipping dry ice by ground within the US. They normally ship through air internationally and wanted to know the difference.

A. I directed the customer to column 1 in the hazmat table in the 49 CFR for UN1845, which has an “A” and “W” symbol. I let the customer know these symbols mean unless it Continue Reading…

Regulatory Helpdesk: October 16, 2017

Top 5 Questions from the Regulatory Helpdesk

Welcome back to the Regulatory Helpdesk where we answer your dangerous goods & hazmat questions. Here are some highlights from our helpdesk last week. Check back weekly, the helpdesk rarely hears the same question twice.

#5. Shipping Toxic Aerosols as a Limited Quantity by Sea (International)

Q. A customer wanted to know if shipping a toxic substance in an aerosol can be shipped as a limited quantity at 20 ounces per can as an inner package by sea? Also, the customer wanted to know what the limited quantity amount would be for UN1993 packing group III when shipping by sea.

A. I referred the customer to SP277 in the IMDG Code, which states “for aerosols or receptacles containing toxic substances, the limited quantity value is 120 ML”. In this case the customer can’t ship 20 ounces of a toxic substance in an aerosol can because this exceeds 120 ML. The limited quantity amount for UN1993 packing group III is 5L per the IMDG Code.

#4. Shipping Methyl Methacrylate (USA)

Q. I have a 2.5 liter metal container of UN1247, PG II, Methyl Methacrylate. The container is properly factory sealed. The container is then in its own “outer” box (but again, we don’t really look at that box). It’s like how cough medicine is in a bottle, but that bottle is then in an “outer” box on Continue Reading…