Classification of Used Syringes

This is in response to your letter and telephone conversations with a member of my staff requesting clarification on whether used syringes transported across State lines to a manufacturer for recycling are excepted from regulation as a household waste under 49 CFR Part 173, Appendix G § 2. (a) (ii) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). I apologize for the delay in responding to your letter and any inconvenience it may have caused.

You stated a pharmacist receives the syringes from the individual end user and transports them to the manufacturer using the U.S. Postal Service. 49 U.S.C. 5102(9) (b) (i) of the Hazardous Materials Transportation Authorization Act of 1994, excepts from regulation under the HMR hazardous materials transported by the U.S. Postal Service (USPS). These materials must, however, comply with USPS regulations for transporting hazardous materials. For further information on USPS regulations, please contact Mr. Robert Adams at (202) 268-5168.

You also stated your client is considering using a carrier other than the USPS for transporting these syringes. If another carrier is used, please be aware that, under the criteria outlined in Appendix G, used syringes transported for recycling that meet the definition in §173.196 for an infectious substance are subject to the HMR.