Shipping Hazardous Materials - What's the Law?

If you missed our discussion regarding the regulation of alcohol in cosmetics, see our post here to get up to speed.

Once you have procured an ATF license to ship products containing alcohol and paid the required fees, you still need to be aware of the requirements for shipping dangerous goods. Two organizations govern shipping of dangerous goods like alcohol.

The Department of Transportation (DOT) has created rules for shipping dangerous goods by ground transport. The International Air Transport Association (IATA) has rules for shipping dangerous goods by air. The IATA rules are much more stringent than the DOT ground shipping rules.

Specially Denatured Alcohol (often called Perfumers Alcohol) is defined as a dangerous good because of its flammability. Bulk shipments of SDA alcohols or products containing SDA alcohols must conform to the shipping rules. These rules include selection of the proper container, proper labeling of the container and any packaging, and the preparation of appropriate shipping documents. Additionally, training is required for all shippers to ensure compliance with these requirements.

For the producers of consumer products, exemptions from these rules do exist. DOT allows an exemption from the labeling and documentation requirements for consumer commodities. IATA, however, DOES NOT allow an exemption. Consumer commodities are defined as products which are packaged and designed for direct use by consumers, like a bottle of perfume or linen spray.

Both DOT and IATA rules provide limits on the size and construction of the inner containers as well as the amount of product per package. Air Parcel, Express and Priority Mail are air shipments. United States Postal Service (USPS) forbids shipment of alcohol via these services. Parcel Post may be used, but there are limits on the percentage of alcohol that may be shipped using this method. Refer to www.usps.com for more details. Additionally, your outer boxes must be labeled "ORM-D" and "inner packings comply with prescribed requirements".

UPS ground service is the simplest option for the shipment of consumer commodities. Even they have some restrictions, though.

1) UPS will not accept consumer commodities at UPS Stores or drop-off locations
2) you must have a UPS account and pick-up service
3) UPS will also accept consumer commodities for air shipments if you label and document the shipments correctly. Expensive third party software is required for documentation of all UPS air shipments plus a $35 fee applies to EACH shipment.

UPS ground shipments have several requirements.

1) All packages must weigh less than 20 pounds if packed in EC32 boxes (the most common type of single wall box)
2) a label bearing the notation "ORM-D" and the statement "inner packings comply with prescribed requirements" must be affixed to the outside of the box
3) the inner packages must be tightly sealed and properly cushioned to prevent breakage and spillage. All lids must be sealed to prevent opening during transit. Tape or tamper-evident seals are required. Secondary containment, such as over-bagging, is also desirable.
4.) Glass, metal or plastic containers may be used. Glass containers may hold no more than 500 mL. Metal or plastic containers may hold up to one liter.

While these are ground restrictions, air shipments may require smaller containers and/or additional documentation to be within compliance.

As you can see, there is a great deal of paperwork and expense involved in shipment and resale of hazardous materials. While SD Alcohol has its place in cosmetic formulating, it is important to educate yourself on the safety and regulation of any and all products that you manufacture and/or ship so that you are aware of the requirements. Feigning ignorance or hoping to skirt around the issue do both your business and your clients a huge disservice. Remember, no attorney or court will accept the excuse that, "such and such company is doing it, so we did it too". Save yourself unnecessary hassle and expense by educating yourself about compliance, you'll be glad you did!

Allison B. Kontur
www.BathBodySupply.com