New Jersey Regulations on Transportation of Regulated Medical Waste

Résumé

Federal hazardous material transportation law preempts the following requirements in the New Jersey Administrative Code (N.J.A.C.) because the requirements are not substantively the same as the requirements in the HMR: 1. N.J.A.C. 7:26-3A.10(a) that generators must separate into different containers before transport sharps, fluids (greater than 20 cc), and other regulated medical waste; 2. N.J.A.C. 7:26-3A.11(d) which allows a generator to ship oversized medical waste without placing it in a packaging as required by the HMR; 3. N.J.A.C. 7:26-3A.14 that the words "Medical Waste" or "Infectious Waste" must be labeled on the outside of the package when there is untreated regulated medical waste; 4. N.J.A.C. 7:26-3A:15 that each "generator shall mark each individual container of regulated medical waste in accordance with all applicable Federal regulations. . . . ," and that the markings must include details of the transporter's name, the date of shipment, the intermediate handler's name, and other specific information; 5. N.J.A.C. 7:26-3A.19 and those provisions in 7:26-3A.31 which require the use of a specific "tracking form" to accompany shipments of regulated medical waste that are