Technical manual section 10

APR02 Battery Acid Packs General Labeling & Marking California Proposition 65 Recycling Shipping & Packaging General Labeling & Marking REquirements Bill of Lading Requirements Shipping

Safety Committee Report

BCIS-10

REV APR02

Battery Acid Packs

General Labeling & Marking

California Proposition 65 Recycling

Shipping & Packaging

General Labeling & Marking REquirements Bill of Lading Requirements

Shipping & Placard Requirements Packaging Options

Hazardous Material

For North America (NAFTA Countries)

TABLE OF CONTENTS

1 Introduction and General Information 3

2 Warning Messages 5

2.1 Type Size and Style 5

2.2 Lead-Acid SLI Batteries 8

2.3 Warning Message Intended For Use On Industrial-Type Batteries 10

2.4 Cartons 13

2.5 Battery Acid Packs 15

2.6 Labeling in Other North American Countries 20

2.7 International Warnings 21

3 General Labeling and Marking 23

3.1 California Proposition 65 23

3.2 Recycling Labeling 26

3.3 Requirements of the Mercury-Containing and Rechargeable Battery Management Act 26

4 Packaging And Shipping 28

4.1 General Labeling And Marking Requirements 28

4.2 Bill Of Lading Requirements 36

4.3 Shipping and Placard Requirements 37

4.4 Packaging Options 39

A Appendix A: Precautionary Labeling For Lead-Acid Batteries 40

B Appendix B: Labeling Requirements - Prominence, Placement, & Conspicuousness - § 1500.121 42

C Appendix C: Substances Requiring Packaging 50

D Appendix D California Proposition 65 (Main Body) 53

E Appendix E: EPA Alert on Mercury-Containing & Rechargeable Battery Magagement Act… …….57

The earlier text messages as well as the current graphic symbol warning messages that wereoriginally introduced in the initial release are again described in detail The discussion onhow these symbols, based on consumer research were selected, is shown in Appendix A.

1.2 Disclaimer

The warning messages recommended for use on batteries sold to or used by consumerswere developed by the Product Safety Committee of Battery Council International andincorporate suggestions of the Consumer Product Safety Commission staff The all-wordmessages and the messages with words and pictorials are intended to provide safety

information to consumers, mechanics, and others who may be exposed to a battery's

potentially dangerous conditions

While the warning messages are the result of extensive practical experience and consumerresearch, no warning can address every conceivable possibility Use of the messages bymanufacturers or sellers is voluntary Battery Council International expressly disclaims anyliability, including but not limited to consequential or other damages, arising out of the use ofthese warning messages

· Signal words, e.g., "DANGER," "POISON"*

· Affirmative statements of the principal hazard(s) associated with the product, e.g.,

"EXPLOSIVE GASES," "SULFURIC ACID"

· The common or usual name, or chemical name, of the hazardous substance, e.g.,

"SULFURIC ACID"

· Statements of precautionary measures to follow, e.g., "SHIELD EYES."

· Instructions, when appropriate, for special handling and storage, e.g., "DO NOT TIP."

· The statement "KEEP OUT OF REACH OF CHILDREN" or its practical equivalent

· First aid instructions, e.g., "FLUSH EYES IMMEDIATELY WITH WATER."

· The name and place of business of the manufacturer, packer, distributor or seller

* Skull and crossbones symbol is not required on battery

1.4 Example 1: Written Warning

1.5 Example 2: Warning With Symbols

Figure 1.5.1: Split Format

Optional copy where vents are not removable: DO NOT OPEN BATTERY!

Figure 1.5.2: Combined Format

Optional copy where vents are not removable: DO NOT OPEN BATTERY!

1.6 Non-Spillable Lead-Acid Batteries

Small Valve Recombinant Batteries may use the same warning message as standard

automotive type batteries Use the optional text, "DO NOT REMOVE VENT VALVES"

statements shall be located prominently on the battery and acid pack, and shall appear inconspicuous and legible type in contrast by typography, layout, or color with other printedmatter Both the graphics/verbal and the verbal concept should meet the requirements of theFHSA and either may be used at the discretion of the manufacturer."

2.1.2 Prominent Message Placement - [16 CFR-1500.121(b)]

To satisfy CPSC requirements that the warning statements appear "prominently" on thebattery and acid packs, all such statements shall be placed as follows:

2.1.2.1 On the Product

-2.1.2.1.1 Horizontal placement of cautionary statements - Except for the name and place of business

of the manufacturer, packer, distributor, or seller, all cautionary material shall appear in linesthat are generally parallel to any base on which the battery or package rests as it is designed

to be displayed for sale

2.1.2.1.2 Principal display panel - A "display panel" means any surface of the immediate container and

of any outer container or wrapping which bears messages For batteries, all cautionarystatements should appear on the "principle display panel" defined as the surface of theimmediate container and of any outer container or wrapping which bears the messagedesigned to be most prominently displayed, shown, presented, or examined under conditions

of retail sale Due to the unique design and current marketing practice, the top of most wetcell batteries or the area of the gang vent covers would be considered the principle displaypanel

2.1.2.2 On Cartons or Outer Wrappings

-2.1.2.2.1 Outer container or wrappings - All cautionary messages appearing on the immediate

container of a battery shall also appear on any container or wrapping used in the retaildisplay of the battery in the same manner as required for the immediate container Thosecautionary statements appearing on the immediate container which are clearly legible

through any outer container or wrapping used in retail display need not appear on the outercontainer or wrapping itself

2.1.2.2.2 Other display panel - The signal word(s), the statement(s) of principal hazard(s), and if

appropriate, instructions to read carefully Any cautionary material that may be placedelsewhere shall be blocked together within a square or rectangular area, with or without aborder, on the principle display panel, on the immediate container, and where required, onany outer container or wrapping Where cautionary material appears on a display panel otherthan the principle display panel, the principle display panel shall bear the statement: "Readcarefully cautions on the (i.e., side, back) panel "or its practical equivalent"

2.1.2.3 The following two paragraphs are applicable to both batteries and packaging materials:

All cautionary statements placed on the principle display panel shall be separated on all sidesfrom other printed or graphic matter by a borderline or by a space no smaller than the

minimum allowable height of the type size for cautionary material (exclusive of signal wordsand statements of hazard).

2.1.3 Name, Address Requirements

The name and place of business of the manufacturer, packer, distributor, or seller mayappear separately on any display panel; this name and address must be one which is withinthe United States It is sufficient to show city, state, and zip code if the place of business islisted in the current telephone directory

2.1.4 Conspicuousness:Type Size And Style - [16 CFR-1500.121( C )]

To satisfy the requirement that cautionary statements be conspicuous and legible,

such statements shall conform to the following:

2.1.4.1 Area of principle display panel - For purposes of determining the proper type size for

cautionary messages, the area of the principal display panel (or other panel bearing

information) is to be computed as follows:

2.1.4.1.1 The area of the principal display panel is the area of the side or surface of the immediate

container or of the side or surface of any other container or wrapping, that bears the messagedesigned to be most prominently displayed, shown, presented, or examined under conditions

of retail sale This area is not limited to the portion of the surface with information; rather, itincludes the entire surface

2.1.4.1.2 In the case of a rectangular battery, where the top is generally considered to be the principle

display area, the total area of the top is to be considered when determining type size Onlythe combined area of the gang vent covers need to be considered if a manufacturer chooses

to place the cautionary messages on the gang vent covers

2.1.4.2 Type-size requirements - The term "type size" refers to the height of the actual printed image

of each upper case or capital letter as it appears in the message The size of the cautionarymessages shall be reasonably related to the size of any other printing appearing on the samepanel, but in any case must meet the minimum size requirement in Table 1

2.1.4.2.1 When an item of the message is required to be in a specific type size, all uppercase or capital

letters must be at least equal in height to the required type size, and all letters must be thesame style font as the uppercase or capital letters

2.1.4.2.2 The type size of all cautionary statements appearing on any display panel shall comply with

the specifications in Table 1 when the area of the display panel is measured according to theabove-described method

2.1.4.2.3 If all required cautionary labeling does not appear on the principle display panel, such as may

be necessary on motorcycle or other small batteries, the statement "Read carefully cautions

2.1.4.3 Table 1

Area of principal display

panel in square inches

> means "greater than"

* minimum height of printed images of capital or upper case letters

** including the word "poison" when required instead of a signal word by section 3(b) of theAct(§§ 1500.129)

*** size of lettering for other cautionary material is based on the area of the display panel onwhich such cautionary materials appears

2.1.4.3.1 Type style/proportion - The ratio of the height of a capitol letter or uppercase letter to its width

shall be such that the height of the letter is not more than 3 times its width

2.1.4.3.2 Signal word(s) and statements of hazard - The signal words, "Danger" and "Poison," and the

statement of hazard shall be in capitol letters All statements of hazard on a label shallappear in the same size and style of font, and shall appear in the same color or shall havethe same degree of boldness

2.1.5 Conspicuousness: Contrast - [16 CFR - 1500.121(d)]

To satisfy the requirement that cautionary statements appear in conspicuous and legible typewhich is in contrast by typography, layout, or color with the other printed matter, such

statements shall conform to the following requirements:

2.1.5.1 Color - Where color is the primary method used to achieve appropriate contrast, the color of

any cautionary statement shall be in sharp contrast with the color of the background uponwhich such a statement appears

2.1.5.2 Examples of combinations of colors which may not satisfy the requirements for sharp contrast

are: black letters on a dark blue or dark green background, dark red letters on a light redbackground, light red letters on a reflective silver background, and white letters on a light gray

or tan background

2.1.6 Accompanying Literature Containing Directions For Use - [16 CFR-1500.121(c)(6)]

When literature accompanying the battery has directions for use, such as activation

instructions for dry charge batteries or installation instructions, written or otherwise, the CPSCrequires the literature to bear cautionary messages All such cautionary messages shall be

in reasonable proximity to any directions for use and shall be placed together within the samegeneral area The type size of such cautionary messages shall be reasonably related to thetype size of any other printed matter in the accompanying literature and must be in

conspicuous and legible type by typography, layout, or color with the other printed matter onthe message The signal word(s) and statement(s) of principle hazard(s) shall appear incapital letters

2.2 Lead-Acid SLI Batteries

2.2.1 Example 3 - Examples of Typical Layouts for Graphic/Symbol Labels

See Exhibit 4 for verbal concept

Rectangular Version

Square Version

Split Version

2.2.2 Example 4 - Examples of Typical Layouts for Text Labels

See Exhibit 3 for graphics/verbal concept

Optional Copy Where Vents Are Not Removable: DO NOT OPEN BATTERY!

2.2.3 Example 5 - Regulations 16 CFR 1500.129 & 15 USC 1261-2(p)(1)

COMBINATION POISON/DANGER POST TAG to be used on slow moving multi-covered (tartops) batteries that do not have sufficient space for an adhesive label

2.2.4 Example 6 - Regulations 16 CFR 1500.129 & 15 USC 1261-2(p)(1).

GANG VENTS - POISON message is shown on one gang vent and DANGER message onthe other The gang vent message or the top battery label is to be used on all one piececover batteries The DANGER warning gang vent is to be used in conjunction with thePOISON warning gang vent

See exhibits 1 & 2 for graphics/verbal concept

Optional copy where vents are not removable: DO NOT OPEN BATTERY!

2.2.5 Example 7

U.S Department of Commerce - Model State Regulations, Fair Packaging and LabelingRequirements The name and address requirements are also governed by the ConsumerProduct Safety Commission regulations CPSC-16 CFR 1500.3 & CPSC-16 CFR 1500.121 &1500.125 The name and address must be present on wet charge batteries and carton, ifused, at the time they are shipped

The name and address must be on the carton and on the battery Minimum size type is 1/8".MFG BY or DISTR BY or SOLD BY or MKTD BY must be placed in front of the propercompany name As long as the company is listed in the City or Telephone Directory, thename of the Town, State and Zip Code is sufficient

MFG BY ABC BATTERY COMPANY SOLD BY EAGLE AUTO STORES, INC., HOMETOWN, OHIO 27201 PHILADELPHIA, PA 19000

provides a graphic symbol warning message The information is for general guidance anduse of manufacturers, packers, distributors, and sellers of lead-acid batteries and relatedcomponents and accessories

You also discussed the issue of sealed industrial lead-acid batteries in your letter Whilethese batteries may not, in fact, be giving off any hydrogen gas, there still may be potentialemployee exposure to the acid if the batteries can leak, spill or break, especially duringhandling Under the HCS, it is the manufacturer's responsibility to evaluate the hazards ofchemicals used in the "different types of industrial batteries and battery applications relative

to Hazard Communication applicability and labeling requirements ."

Finally, the copies of the labeling currently in use, as well as the proposed (BCI) industrialbattery warning label in particular (proposed draft 11-1-91), appears to provide an appropriatecombination of words and picture/symbols which convey the hazard(s) of the chemicals in thecontainer

If we can provide further assistance, please write or call Janice Barrier or Glenn Taylor of mystaff at (816) 426-5861

This warning label conforms to American National Standards Institute

ANSI Z535.1-1991 Standard Safety Color Code,

ANSI Z535.3-1991 Criteria for Safety Symbols,

ANSI Z535.4-1991 Standard for Product Safety Signs and Labels

ANSI Color Recommendation: Surrounding Border and Rules-Safety Red*

*Pantone PMS 1795 is closest matchInterior Copy and Symbols-BlackBackground-White

NOTE: Color is optional and not required Refer to ANSI Z535.4-1991 or 16 1500.1219(c) for type size requirement

CFR-2.3.4 Placement

When the cells (or batteries) are installed in a rack or other similar contained support device,labeling may be applied only to the front of the installation If cells (or batteries) are installedwhere there is not a single location that can be considered the front, then each cell (orbattery) must be labeled.

2.3.5 Example - For use on industrial-type batteries, including traction and stationary

Optional copy for lead acid valve-regulated batteries: "DO NOT REMOVE VENT VALVES."

2.4 Cartons

2.4.1 Example: Wet Charged Battery Carton - Back Side

See 2.4.2 if carton is intended to be used as a retail display

2.4.2 Example: Dry Charge Battery Carton - Front Side

No poison or corrosive warning messages are permitted by the Department of Transportationsince there is no electrolyte in the package

2.5 Battery Acid Packs

2.5.1 Example: Fresh Pack Cartons - Front Side(Contains Battery & Acid Pack)

2.5.2 Example: Fresh Pack Cartons - Back Side(Contains Battery & Acid Pack)

Illustration shows same strength label on back side CPSC rules both sides must be

considered main panel areas

2.5.3 Acid Carton Testing

All acid packs under 5gallon size must be tested according to 16 CFR, Subchapter E Poison Prevention Packaging Act of 1970 Regulations, Section 1700.20 (Testing Procedurefor special packaging), and must meet the standards of Section 1700.15 (Poison preventionpackaging standards)

-All manufacturers of acid packs must have their packages tested in accordance with theCPSC test procedures The testing of one company's pack will not cover others, even thoughthey are similar See Appendix C

2.5.4 Labeling Examples

2.5.4.1 Example A

Regulations 16 CFR 1500.129 & 15 USC 1261-2(p)(1) Hazardous Substance Act

Poison label for WET CHARGE battery carton ONLY:

2.5.4.2 Example B

Regulation 16 CFR 1500.121

POISON notice to appear under main panel areas if poison warning is placed on the end ofthe carton This warning must appear under any and all brand names or labels if there is anypossible question what might be considered the main panel area

POISON - Minimum 5/32 inch - Balance of words 1/8 inch

POISON - CAUSES SEVERE BURNS SEE END PANEL FOR WARNING

2.5.4.3 Example C

Regulations 16 CFR 1500.129 & 15 USC 1261-2(p)(1)

POISON LABEL FOR DRY CHARGE FRESH BATTERY CARTONS & ACID CARTONS.

You will note the statement to neutralize acid on this label which does not appear on the wetcharge carton Poison Label

2.5.4.4 Example D

2.6 Labeling in Other North American Countries: The following warnings use the BCI graphics

with French or Spanish text for use in Canada and Mexico

DANGERPOISON

PELIGROVENENO

DANGERPOISON

SHIELD EYES

EXPLOSIVE GASESCAN CAUSE

BLINDNESS ORINJURY

LOS GASES EXPLOSIVOS PUEDEN CAUSAR DAÑOS

O CEGUERA

LES GAZEXPLOSIFSPEUVENTBLESSER OURENDRE AVEUGLE

· LES FLAMMES

· DE FUMERSULFURIC ACID

CAN CAUSEBLINDNESS ORSEVERE BURNS

ÁCIDO SULFÚRICO PUEDE CAUSAR CEGUERA O QUEMADURAS FUERTES

L’ACIDE SULFURIQUE PEUT CAUSER LA CÉCITÉ OU DES BRULURES GRAVESFLUSH EYES

IMMEDIATELYWITH WATER

GET MEDICALHELP FAST

ENJUAGUE LOS OJOS

INMEDIATAMENT

E CON AGUA ACUDA RÁPIDO CON EL

MÉDICO

RINCEZ LES YEUX A L’EAU IMMEDIATEMENT CONSULTEZ UN MÉDECIN

DE LOS NIÑOS

TENIR HORS DE

LA PORTÉE DES ENFANTS

DO NOT TIP DO NOT TIP NO VOLTEAR NE PAS

RENVERSER

2.7 International Warnings

2.7.1 IEC 60095-1, Ed 6: Lead-acid starter batteries

Part 1: General requirements and methods of test

Section: 2.1.5: Safety Labeling

· Batteries shall be marked with six colored symbols as described in Annex B part 1,

· Nevertheless, to be in compliance with some national regulations additional or speciallabeling can be used (e.g., Safety label for North America area in Annex B part 2.)

2.7.2 IEC 60095-1, Ed 6 Annex B, Part 1: Safety Labeling: Definition Of The Six Colored Symbols

The symbols mentioned in subclause 2.1.5 are shown in Figure 1

2.7.3 The symbols shall have common dimensions as shown in Figure 2 with a minimum

dimension of 10 mm

2.7.4 In the original equipment market, the meaning of the symbols shall be found in the vehicle

manual in the appropriate language

2.7.5 In the replacement market, the meaning of the symbols shall be in the booklet supplied with

the battery which already contains information for warranty, precautions for handling,

instructions for use, etc

2.7.6 The symbols shall be located in a group on the top of the battery (as shown for example in

figure 1)

2.7.7 No text in any language shall be used with the symbols

2.7.8 The meaning of the symbols are:

Color Closest PMS Color Match MeaningRED 485 No smoking, no naked flames, no sparks

BLUE 298 Note operating instructions

2.7.9 IEC 60095-1, Ed 6 Annex B, Part 2 Safety Labeling - Label for North America Area

3 GENERAL LABELING AND MARKING

3.1 California Proposition 65

3.1.1 On or about February 2, 1999, MATEEL ENVIRONMENTAL JUSTICE FOUNDATION

("Mateel" or "Plaintiff") served, via certified mail, a notification to the California AttorneyGeneral, District and all City Attorneys throughout California, and certain private businessespursuant to Health and Safety Code section 25249.7 (d) alleging that such businesses were

in violation of California Health and Safety Code section 25249.6 because they, through themanufacturing, distribution, marketing and/or sale of certain lead-acid batteries and batteryaccessories allegedly exposed residents of the State of California to lead and lead

compounds, lead acetate, lead phosphate, and lead subacetate ("lead") without first providingthose residents with clear and reasonable warnings ("Notice Letter") Mateel subsequentlyserved several modified Notice Letters covering additional claims and additional businesses

3.1.2 Appendix D gives sections two through four of the consent judgment Below is a brief

summary to the recommendations made to the BCI Board of Directors by the Product SafetyCommittee

3.1.3 This Consent Judgment affords several alternatives to satisfying its requirements Because

of our member base, we must make sure that our recommendations are applicable to all.While labeling of the battery is the simplest approach, it also has the higher long term cost.Each manufacturer has different penetration in the California market We must also take ourcustomers' needs into consideration Therefore, I recommend that the Battery CouncilInternational make all the requirements of the Consent Judgment available to its

manufacturing and marketing members

3.1.4 Our emphasis should be on replacement or after market batteries Most, if not all, vehicle

manufacturers were part of the Judgment Any decision on satisfying these

recommendations should be between the vehicle manufacturer and their OE battery supplier

We can still be a resource for any company

3.1.5 Covered Products - Section 3.1 of the Judgment defines this term as any and all lead-acid

batteries, and/or battery accessories that contain lead or lead compounds Covered

Products include, but are not limited to:

· Covered Products of the type used in "Covered Vehicles"

· Uninterrupted power sources or "UPS" systems

· Telecommunications and power utility systems

· Similar standby power or other industrial applications

· Battery Accessories shall include, without limitations:

· Solar energy systems containing Covered Products

3.1.7 Requirements:

1 Manufacturers shall mail a letter to all retail, battery specialist, and other customers inCalifornia containing the text given in Exhibit C of the Consent Judgment

2 Manufacturers shall also mail to this group at least 25 Warning Signs as shown in Exhibit

D of the Consent Judgment They must be 8 1/2" x 11" printed on 65 pound cover stock

3 Manufacturers shall also mail to this group at least 25 Shelf Stickers, 1" x 3" size, with thetext set forth in Exhibit D of the Consent Judgment

4 Manufacturers shall also mail to this group at least 25 Battery Replacement Guidescontaining the same language as specified in Exhibit D of the Consent Judgment

5 Covered Products, other than sold for automobiles, shall comply with these requirements

or by placing the warning language specified in Exhibit D on the top or any side (otherthan the bottom) of any non-automotive battery manufacturer or on the exterior of itspackage or wrapping if it is sold in such

6 Material Safety Data Sheets (MSDS) shall include the warning language specified inExhibit D of the Consent Judgment

7 Manufacturers shall mail to retailers in California which provide battery installation

services at least 5 Workplace Signs as shown in Exhibit E of the Consent Judgment

3.1.8 Battery Labeling - If a Settling Defendant plans to employ the use of labels on each battery, it

may be used in lieu of the above seven requirements (Paragraphs 3.2 through 3.5 of theConsent Judgment) It states that:

· May place or arranged to have placed, the warning language as specified in Exhibit D ofthe Consent Judgment on the top or on any side (other than the bottom) of any batterythey manufacture, distribute and/or sell, including a battery sold in Covered Vehicle,provided that the applicable warning language is printed in a type size and style that is atleast as conspicuous as other instructional or warning text and information printed on thebattery or its package or wrapping

3.1.9 The retailer of batteries in California must select and implement only one of the warning

alternatives: signs, stickers, or warnings in battery replacement guides If they providebattery installation or removal service, they must also post the occupational exposure

warning posters in their service bays

3.1.10 John H Hoover

Chairman - BCI Product Safety Committee

February 25, 2000

hands after handling.

3.1.12 EXHIBIT E

3.2 Recycling Labeling

Lead-acid batteries, no matter their size or construction have the ability to be recycled Toreduce the risk of improper disposal, batteries need to be identified as recyclable and theirchemistry Since batteries are to be recycled as a unit, the type of plastic used in the

container is not required The symbol should be displayed with the same prominence asother information or warning messages on the battery

3.2.1 North American Recycle Symbol

The U S Environmental Protection Agency (EPA) through the "Battery Act", 42 U.S.C.14301-14336 that regulated batteries must bear the three chasing arrows or a comparablerecycling symbol Regulated lead-acid batteries must be labeled "Pb" or with the words

"LEAD", "RETURN", and "RECYCLE" and if the batteries are valve-recombinant, the phase

"BATTERY MUST BE RECYCLED"

3.2.2 European Recycle Symbol

The European symbol consists of a crossed-out trash can and the chemical symbol of thematerial, in this case Pb for lead The crossed-out trash can indicates that the materialcannot be disposed of with regular trash This symbol is required for lead-acid batteries soldinto Europe

3.3 Requirements of the Mercury-Containing and Rechargeable Battery Management Act

· SSLA batteries manufactured after May 13, 1997 be easily removable from consumerproducts;

· SSLA batteries bear the 3 chasing arrows or a comparable recycling symbol;

· SSLA batteries be labeled "Pb" or with the words "LEAD," "RETURN," and "RECYCLE"and the phrase "BATTERY MUST BE RECYCLED"; and

· Rechargeable consumer products containing nonremovable SSLA batteries be labeledwith the phrase "CONTAINS SEALED LEAD BATTERY BATTERY MUST BE

RECYCLED." The required labeling also must be carried on the packaging of

rechargeable consumer products containing SSLA batteries that are not easily

removable, and on the packaging of batteries that are sold separately from such

products, if the labeling on the product or battery is not visible through the packaging

Pursuant to Section 103(f) of the Battery Act, rechargeable consumer product manufacturersmay petition EPA for an exemption from the easy removability requirement by showing that aproduct with easily removable batteries and with equivalent performance could not be madewithout posing a threat to human health, safety, or the environment, or without violating otherpublic or private standards

In March 2002, EPA's Office of Enforcement issued an "Enforcement Alert" that addressedthe requirements of the Battery Act and described a recent enforcement action taken against

a UPS system manufacturer as a result of violations under the Battery Act A copy of theEnforcement Alert is provided on the following pages

4 PACKAGING AND SHIPPING

4.1 General Labeling And Marking Requirements

4.1.1 General

Recently adopted legislation regarding the transportation of hazardous material has movedmany previously unregulated materials under DOT regulations New specifications must bemet for packaging Most battery materials, if corrosive, fall under hazardous material CLASS

8 and CLASS 9 Previously there were no labels and placards for CLASS 9, however, labelsand placards are now necessary This section will provide the information to correctly

package, label, and transport materials that are considered hazardous by the EnvironmentalProtection Agency (EPA) and the Department of Transportation (DOT) These are

recommended methods of compliance and should not be considered the only possiblemethod If there is doubt between the method in use in your organization and those

described here, contact the BCI Government Affairs Committee or the closest office of theDOT

4.1.2 Key Words And Phrases

4.1.2.1 HAZARDOUS MATERIAL - Any substance or material which has been determined by the

Secretary of Transportation to be capable of posing an unreasonable risk to health, safety,and property when transported in commerce, and which has been designated as such in 49CFR 172

4.1.2.2 FINISHED PRODUCT - A product, intended for resale, that is produced Even if it is termed

a finished product, it still may contain a hazardous material and must be handled as such.The DOT is very strict with what they exempt from regulations as a "finished product."

4.1.2.3 BULK PACKAGING - A packaging including a transport vehicle or freight container in which

hazardous materials are loaded with no intermediate form of containment For liquids, apackage greater than 119 gallons For solids, a package greater than 882 lbs

4.1.2.4 NON-BULK PACKAGING - A package which has: 1) less than a 119-gallon capacity for

liquids or 2) less than 882 lbs or 119 gallons for solids

4.1.2.5 PLACARD - Signs, roughly 10" X 10", that are placed on all four sides of the transporting

vehicle indicating the type(s) of hazards being transported

4.1.2.6 LABEL - This is the 4" X 4" hazard warning mark or "sticker" that is placed on a non-bulk

package of hazardous material to be transported

4.1.2.7 MARKING - The DOT requires that every package transported contain the proper shipping

name and identification number The shipper's name, address, and telephone number (or thematerial's destination) is required unless the package is 1) transported by highway only and

4.1.2.9 PACKING GROUP - In addition to a hazard class the DOT regulations assign each material

to a packing group (PG) Packing Group I, II and III indicate the degree of danger posed bythe material in descending order

Packing Group I - presents the greatest

Packing Group II - presents a medium

Packing Group III - presents a minor degree of danger

4.1.2.10 SHIPPING DESCRIPTION - For each regulated material, the basic proper DOT shipping

description includes a proper shipping name, hazard class number a UN or NA materialidentification number, packing group The order of information required in a shippingdescription is dictated by the regulations Additional information may be required as part of aproper shipping description including notations for RQ (reportable quantities) and chemicalnames for N.O.S (Not Otherwise Specified) descriptions

4.1.3 Finished Product - Domestic

The shipping requirements for finished products (batteries) that are regulated as DOThazardous materials The table below presents the proper DOT shipping description, label,and primary placard requirements Detailed placarding requirements are presented insecond table located on page 29

FINISHED PRODUCT

DOT SHIPPING DESCRIPTION

*Batteries, wet, spillable, 8, UN2800,

4.1.4 Specific Placard Requirements

Less than 1001 lbs gross weight No placard required; placards optional

Batteries (if not shipped under an exception)

1001 lbs or greater of batteries only CORROSIVE

1001 lbs and less than 2205 lbs of mixed

load (batteries and other hazardous

materials)

DANGEROUS OR CORROSIVE

Mixed load with 2205 lbs or more of

batteries loaded at one facility

CORROSIVE

Acid

1001 lbs or greater of new battery acid CORROSIVE

1001 lbs and less than 2205 lbs of mixed

load (acid and other hazardous material)

DANGEROUS OR CORROSIVE

Mixed load with 2205 lbs or more of acid

loaded at one facility

CORROSIVE

4.1.5 Batteries, Wet; Batteries, Non-Spillable: Packaging CFR 172.159

4.1.5.1 The following non-specification method of packaging is authorized for typical

automotive-type, industrial and moist-dry batteries packed without other materials, for transportation byrail, highway or water (This is the minimum you must do for regulatory purposes):

1 Use a pallet in good condition

2 Place cardboard sheets on the pallet

3 Place batteries on cardboard in an upright position

4 Place cardboard or honeycomb sheets between layers of batteries

NOTE:

· The height of the completed unit must not exceed 1-1/2 times the width of the pallet (3layers)

· Be sure that none of the batteries are leaking

· The unit must be capable of withstanding, without damage, a superimposed weight twice