SECTION 326.21. Labeling Containers Excluding Sharps

(a) The generator shall conspicuously mark the outer container with a warning legend in English and in Spanish, along with the international symbol for biohazardous material as referenced under 29 Code of Federal Regulations (CFR) §1910.1030(g)(1)(i)(A). The warning must appear on the sides of the container, twice in English and twice in Spanish. The wording of the warning legend shall be: "CAUTION, contains medical waste which may be biohazardous" and "PRECAUCIÓN, contiene desechos medicos que pueden ser peligro biológico" or as otherwise required by the United States Department of Transportation under regulations set forth in CFR §173.134 and 49 CFR §173.196 which include infectious substances.

(b) The generator shall affix to each container a label that contains at the minimum the name and address of the generator, and the date of shipment.

(c) If the transporter assists with weighing containers and label preparation, the generator shall ensure that the container labels meet the requirements of this section before releasing them to the transporter.

(d) The generator shall record the weight or volume on the manifest for reporting and fee purposes. If the generator chooses to use weight, the generator may have the transporter weigh each container for the generator and note the weight on the container label prior to offsite transport. Applicable fees are provided in Subchapter G of this chapter (relating to Fees and Reporting) for each recording method.

(e) The generator shall ensure that the transporter affixes to each container a label that contains the name, address, telephone number, and state registration number of the transporter. This information may be printed on the container.

(f) The generator shall ensure that the printing on required labels is done in indelible ink with letters at least 0.25 inch in height.

(g) If a single label is used to identify the generator and the transporter, the transporter shall ensure the label is affixed to or printed on the container.

(h) The requirements of subsections (b) and (e) of this section shall not apply to shipments where the United States Postal Service or an equivalent delivery service is the transporter in accordance with the Mailing Standards of the United States Postal Service, Domestic Mail Manual, incorporated by reference in 39 CFR Part 111.

(i) The executive director may waive any or all of the requirements of this section if required to protect the public health and safety from the effects of a natural or man-made disaster.

Source Note: The provisions of this §326.21 adopted to be effective May 26, 2016, 41 TexReg 3697