To product returns from consumers
Pipeline and Hazardous Materials Safety Administration · Aug 29, 2018 · Reference No. 18-0076
Interprets: 49 CFR § 171.8
Reggie’s quick take
Someone asked whether an online platform that connects manufacturers and retailers with buyers, and that gives consumers a return label on request but never handles the goods, would have duties under the Hazardous Materials Regulations for consumer product returns. PHMSA said the company is an offeror only if it performs a pre-transportation function under § 171.8, or if the label it provides is used to make a hazardous materials shipping paper. If it is not an offeror, it has no duties under the HMR. PHMSA also said that reverse logistics rules cover goods moving from a retail store back to the manufacturer, supplier, or distribution center, not consumer-to-manufacturer shipments.
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.
August 29, 2018
Reference No. 18-0076
This letter is in response to your May 17, 2018, email requesting clarification of the Hazardous Mate
rials Regulations (HMR; 49 CFR Parts 171-180) applicable to product returns from consumers.
In your letter, you provide a scenario in which:
• Company XYZ is an online shipping service that offers a platform for manufacturers and retaile
rs to sell their products to end users.
• Company XYZ does not physically handle the products.
• Company XYZ will provide a return label to end users upon request.
We have paraphrased and answered your questions as follows:
Q1. You ask if Company XYZ would be considered an offeror in the scenario provided.
A1. Company XYZ would be considered an offeror if it performs a pre-transportation function, as d
efined in § 171.8, or if the label it provides to consumers is used to generate a hazardous materials
shipping paper.
Q2. You ask if Company XYZ would have any obligations under the HMR in the scenario provided.
A2. If Company XYZ is not considered an offeror (see A1), then it would have no obligations under
the HMR.
Q3. You ask if requirements for reverse logistics would apply in the scenario provided.
A3. The requirements for PHMSA’s reverse logistics apply to the transport by motor vehicle of goo
ds from a retail store for return to its manufacturer, supplier, or distribution center. Shipments from
a consumer to a manufacturer, supplier, or distribution center would not be considered reverse logi
stics.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention
Standards and Rulemaking Division
171.8
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.