§5104 — Title 49 Transportation | U.S. Code

Summary

Claim that a package or its parts are safe, certified, or meet hazardous-material rules only if they meet applicable regulations, and claim hazardous material is present only if it actually is. No one may illegally change, remove, destroy, or tamper with required markings, labels, papers, packaging, or vehicles used to transport hazardous material.

Title 49, §5104

Transportation — Source: USLM XML via OLRC

(a)A person may represent, by marking or otherwise, that—

(1)a package, component of a package, or packaging for transporting hazardous material is safe, certified, or complies with this chapter only if the package, component of a package, or packaging meets the requirements of each applicable regulation prescribed under this chapter; or

(2)hazardous material is present in a package, container, motor vehicle, rail freight car, aircraft, or vessel only if the material is present.

(b)No person may alter, remove, destroy, or otherwise tamper unlawfully with—

(1)a marking, label, placard, or description on a document required under this chapter or a regulation prescribed under this chapter; or

(2)a package, component of a package, or packaging, container, motor vehicle, rail freight car, aircraft, or vessel used to transport hazardous material.

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 103–272 Revised SectionSource (U.S. Code)Source (Statutes at Large) 5104(a)49 App.:1804(e).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 105(e), (f); added Nov. 16, 1990, Pub. L. 101–615, § 5, 104 Stat. 3252. 5104(b)49 App.:1804(f). In subsection (a)(1), the words “the requirements of” and “applicable” are omitted as surplus. In subsection (b), before clause (1), the word “deface” is omitted as surplus. Pub. L. 103–429This amends 49:5104(a)(1) to clarify the restatement of 49 App.:1804(e)(1) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 761).

Editorial Notes

Amendments

2005—Subsec. (a)(1). Pub. L. 109–59, § 7106(a), substituted “a package, component of a package, or packaging for” for “a container, package, or packaging (or a component of a container, package, or packaging) for” and “the package, component of a package, or packaging meets” for “the container, package, or packaging (or a component of a container, package, or packaging) meets”. Subsec. (b). Pub. L. 109–59, § 7106(b)(1), substituted “No person may” for “A person may not” in introductory provisions. Subsec. (b)(2). Pub. L. 109–59, § 7106(b)(2), inserted “component of a package, or packaging,” after “package,”. 1994—Subsec. (a)(1). Pub. L. 103–429 inserted “applicable” after “each”. Pub. L. 103–311 substituted “, package, or packaging (or a component of a container, package, or packaging)” for “or package” in two places.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

§5104 Representation and tampering