New Jersey Regulations on Transportation of Regulated Medical Waste

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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