§5104. Representation and tampering

(a) Representation.-A person may represent, by marking or otherwise, that-

(1) a container, package, or packaging (or a component of a container, package, or packaging) for transporting hazardous material is safe, certified, or complies with this chapter only if the container, package, or packaging (or a component of a container, 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) Tampering.-A person may not 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, container, motor vehicle, rail freight car, aircraft, or vessel used to transport hazardous material.

( Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 761 ; Pub. L. 103–311, title I, §117(b), Aug. 26, 1994, 108 Stat. 1678 ; Pub. L. 103–429, §6(4), Oct. 31, 1994, 108 Stat. 4378 .)

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. 103–429

This 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).

Amendments

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.

Effective Date of 1994 Amendment

Amendment 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.

Section Referred to in Other Sections

This section is referred to in sections 5117, 5120, 5124, 5125 of this title; title 8 section 1288.