Specification Packaging Test Results

This is in response to your letter concerning your understanding of our February 10, 1994 letter to the Hach Company regarding a box manufacturer's responsibility for retention of test records under the provisions of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

You stated that it has been your company policy to require all of your facilities engaged in the manufacture of 4C boxes to have a copy of design qualification test reports on file prior to entering an order for these boxes. Specifically, you asked who is responsible for retaining tests records if the design qualification tests had been conducted by a third party approval agency whose registered symbol would appear at the end of the UN standard marking, or by a box manufacturer, such as Packaging Corporation of America, whose registered symbol (M-4641) would appear at the end of the UN Standard marking?

A final rule under Docket HM-215A [59 FR 67390; 12/29/94] revised § 178.601 to clarify test record retention requirements. Both the manufacturer and a third party approval agency certifying design qualification tests and periodic retests must produce test reports and retain such reports as prescribed in § 178.601(k). An individual manufacturer of a component of the box (e.g. , UN4G), as addressed in the Hach Company letter, is not required to maintain or keep test records, and is not responsible for the assembly and completion of the package. However, if the box maker performed the design qualification tests, and his/her name and address or symbol appears in the certification marking, the box maker must retain records as prescribed in 178.601(k).

The test reports must be maintained at each location where the packaging is manufactured and each location where the design qualification tests are conducted, for as long as the packaging is produced and for at least two years thereafter, and at each location where the periodic retests are conducted until such tests are successfully performed again and a new test report produced.

In regard to notification, a manufacturer or other person certifying compliance with the requirements in Part i78 of the HMR and each subsequent distributor must provide a written notification to each person to whom the packaging is transferred. The written notification must identify all requirements of Part 178 not met at the time of transfer, including the type and dimensions of any closures, including gaskets, needed to satisfy performance test requirements.

If the box maker is the "manufacturer" and identified as such in the certification marking, the box maker would be responsible for notification of any requirements not met at the time of transfer. The box maker is not responsible if the customer/shipper is the one "certifying compliance" and the packaging was never tested, or was tested and failed.

Packaging tests are intended to assure that packages containing hazardous materials can withstand normal conditions of transportation. The box maker must have some way of knowing how the test packagings were manufactured to ensure the boxes are made the same way they were made for testing. This could be accomplished by obtaining packaging standards or specifications from the shipper/certifier.

I hope this information is helpful. If I can be of further assistance, please contact me.