Clarification regarding requirements for marking specification 2P and 2Q inner non-refillable aerosal receptacles
Pipeline and Hazardous Materials Safety Administration · Feb 11, 2009 · Reference No. 08-0187
Interprets: 49 CFR § 171.12(a)(2), 49 CFR § 178.819
Reggie’s quick take
Someone asked whether 2P and 2Q inner non-refillable aerosol receptacles made in the United States, but filled and sold only in Canada, must carry the HMR specification marking or may carry the Transport Canada TDG marking instead. PHMSA's answer is that they may use the TDG marking and do not also need the HMR marking, whatever the place of manufacture. The letter adds that § 171.12(a)(2) lets the U.S. use packagings authorized under the TDG Regulations, subject to certain limits.
Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.
This is in response to your request asking for clarification regarding requirements for marking specification 2P and 2Q inner non-refillable aerosol receptacles. You state that the receptacles are manufactured in the United States, but are filled and distributed solely in Canada. You ask whether the specification receptacles may be marked in accordance with Transport Canada's Transport of Dangerous Goods Regulations (TDG Regulations) or must they also conform to the specification marking requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
Regardless of where the aerosol receptacles are manufactured, if they conform to the TDG Regulations, they may be marked as such and are not required to also be marked in accordance with the HMR.
For your information, § 171.12(a)(2) provides for the use and transport in the United States of hazardous materials in packagings authorized by the TDG Regulations, subject to certain limitations, including equivalency to DOT specification or UN packaging authorized under the HMR.
A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.