Use of Paint to Obliterate Labels
Pipeline and Hazardous Materials Safety Administration · Jul 26, 1999 · Reference No. 99-0127
Interprets: 49 CFR § 172.401
Reggie’s quick take
Someone asked whether non-applicable labels on non-bulk hazardous waste packages may be covered with paint or must be removed. PHMSA says the HMR does not prohibit spray paint that completely obliterates those labels. The labels must be obliterated, removed, or securely covered during transport. Advertising and other markings are allowed if they do not hide or confuse any required marking or label.
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 Mr. Peter Madden's letter regarding the requirements under the Hazardous Material Regulations (HMR; 49 CFR Parts 171-180) applicable to the use of paint to obliterate labels on non-bulk packagings. Mr. Madden requested that we address the response to you.
Specifically, Mr. Madden asked whether the use of paint to cover non-applicable labels is acceptable, or must the label be removed. He stated that only required DOT markings and labels would be visible on the packages. The packages contain hazardous waste prepared for transportation in accordance with the provisions in §§ 173.12(c) and 173.28(b)(6).
The HMR does not prohibit the use of spray paint to completely obliterate non-applicable labels. Such non-applicable labels must be obliterated, removed or securely covered during transportation. Markings and labels such as for advertising are permitted, provided they do not obscure or cause confusion with any required marking or label.
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.