DOT/HMR Compliance in the Hand Sanitizer Business

BY JEFF MARSHALL

One thing COVID-19 has taught us is that hand sanitizer is going to be big business for the foreseeable future. Many companies have shifted manufacturing and retail to focus on sanitizing products containing ethyl alcohol. As I type this, I am staring at hand sanitizer spray from my favorite local distillery (smells like vodka!) [Shout out Karrikin Spirits Co., Cincinnati, Ohio] One thing you must remember: hand sanitizer is a hazardous material regulated by the Department of Transportation (DOT) Hazardous Materials Regulations (HMR).

Thankfully, the Pipeline and Hazardous Materials Safety Administration (PHMSA), responsible for enforcing HMR requirements, have provided some temporary relief (under certain restrictions) for hand sanitizer. Until July 10, 2020, offerors of hand sanitizer (by highway in the US only!) will not be subject to HMR enforcement if the following guidelines and limitations are met:

1. All hand sanitizers must contain  ≤ 80% ethyl alcohol by volume.

2. All packages must be  leak tight, securely closed, secured against shifting, and protected against damage.

3. Packages ≤ 8 gallons must have inner receptacles that are upright, secured and cushioned within the outer packaging to prevent breakage, leakage, and movement.  Packages > 1 gallon must be secured in crates, cages, carts, boxes, or similar overpacks. The company name and the words ''Sanitizer - Contains Ethyl Alcohol'' or ''Sanitizer - Contains Isopropyl Alcohol'' must be marked on the outer package and, if applicable, the overpack. In addition, the FDA label is acceptable as an alternative marking provided it is visible in transportation. (See Appendix A through D of the FDA Guidance at: https://www.fda.gov/media/l36289/download)

4. Packages > 8 gallons and < 119 gallons must use DOT or United Nations (UN) specification packaging (drums, jerricans, etc.) meeting Packing Group (PG) II performance standard. Employers must provide their employees specific PHMSA training materials (see PHMSA website). Each package must be labeled with a flammable liquid label. The bill of lading or shipping paper must state''UN1987, Alcohols, n.o.s., Class 3, PG II'' and indicate the number, type, and capacity of packages offered (for example, 25 drums - 119 gallons ea.) Each shipment must be accompanied by a copy of the Emergency Response Guidebook Guide number 127. If the aggregate gross quantity in a transport vehicle exceeds 1 ,001 pounds, the vehicle must be placarded. All motor carriers must comply with § 177.804 (Federal Motor Carrier Safety Regulations).

While these guidelines may allow you the flexibility to ship hand sanitizer until July 10, nothing can replace a robust hazardous materials program. If you or organization are interested in evaluating your HMR compliance regarding hand sanitizer or any other material, contact Jeff Marshall at jmarshall@gs-legal.com.