Clarification of packaging requirements for paint and paint-related materials
Pipeline and Hazardous Materials Safety Administration · Jan 16, 2009 · Reference No. 08-0296
Interprets: 49 CFR § 172.102, 49 CFR § 173.150, 49 CFR § 178.601
Reggie’s quick take
A company asked whether its paint-thinning solvent, product "S6," can use the packaging exception in Special Provision 149 of § 172.102. The product is a Class 3 flammable liquid in Packing Group II, packed in 1-gallon metal jerricans inside a fiberboard outer box. The agency said yes. For paint and paint-related materials (UN1263) in Packing Group II, Special Provision 149 allows inner packagings up to 5 liters, not the usual 1 liter, provided the product meets the listed conditions.
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 responds to your letter requesting clarification of the packaging requirements for paint and paint-related materials under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether your company's product "S6", a paint-thinning flammable solvent, is eligible for the packaging exception in § 172.102, Special Provision 149. Based on its flammability, your product is assigned to Packing Group II under the criteria specified in §§ 173.120 and 173.121. Your product is packaged in a combination packaging consisting of metal jerricans with a capacity of 1-gallon (3.785 L) each that are placed in an outer packaging made of fiberboard.
The answer to your question is yes. Special Provision 149 is assigned to the Class 3, Packing Group II entry of "Paint" and "Paint related material (UN1263)" in column 7 of the § 172.101 Hazardous Materials Table. This special provision allows for such materials that are packaged as limited quantities or consumer commodities to be contained in inner packagings with a net capacity not to exceed 5-liters (as opposed to 1-liter) each. Provided your company's product "S6" conforms to the conditions specified, it is eligible for the packaging exception under Special Provision 149 of § 172.102.
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.