Misdeclaration and non-declaration of dangerous goods is an infringement of the provisions of IMDG Code. Let us look at what is misdeclared or undeclared dangerous goods and who must report when such a non-compliance is noticed.

In general definition

Undeclared dangerous goods means any goods which are listed in the IMDG Code by name or meeting any of the classification criteria of the IMDG Code but not declared by the shipper as dangerous goods.

Misdeclared dangerous goods means any dangerous goods not declared correctly as per the requirement of IMDG Code. Which may include incorrect or misleading description of dangerous goods in dangerous goods declaration, misleading Marking, Labeling and placarding.

What may be the reasons for mis-declaring or not declaring dangerous goods? See misdeclaration survey result

IMDG CODE

SOLAS Chapter VII Part A Regulation 1.2 “Dangerous goods mean the substances, materials and articles covered by the IMDG Code.” Regulation 2.3 “The carriage of dangerous goods in packaged form is prohibited except in accordance with the provisions of this chapter”. Regulation 3 “The carriage of dangerous goods in packaged form shall be in compliance with the relevant provisions of the IMDG Code”. Similarly Annex III of MARPOL put forth the requirement for carriage of harmful substances in packaged form as identified by IMDG Code.

However, IMDG Code does not define what is misdeclared, undeclared or non-declared dangerous goods specifically.

Reporting

SOLAS Chapter 7 Part A regulation 6.1 states “When an incident takes place involving the loss or likely loss overboard of dangerous goods in packaged form into the sea, the master, or other person having charge of the ship, shall report the particulars of such an incident without delay and to the fullest extent possible to the nearest coastal State. In the event of the ship referred to in paragraph 1 being abandoned, or in the event of a report from such a ship being incomplete or unobtainable, the company, as defined in regulation IX/1.2, shall, to the fullest extent possible, assume the obligations placed upon the master by this regulation.

When will carrier identifies a consignment as misdeclared or undeclared dangerous goods?

There are three possibilities for identifying

1. When the consignment is involved in an incident
2. When subject to random inspection initiated by carrier
3. When subject to random inspection by port authorities.

Carriers who detect non-compliance may report to flag state, port state of departure or port state or arrival.

As for the port authorities who identify a consignment not in compliance to IMDG Code, they may report the non-compliance to respective authorities within their jurisdiction and competent authorities may notify to other competent authorities from whose territory the cargo is originated. (see IMDG Code 1.1.1.8)

49 CFR

Subpart A 171.8 Definitions and abbreviations defines undeclared hazardous material as “a hazardous material that is: (1) Subject to any of the hazard communication requirements in subparts C (Shipping Papers), D (Marking), E (Labeling), and F (Placarding) of part 172 of this subchapter, or an alternative marking requirement in part 173 of this subchapter (such as §§173.4(a)(10) and 173.6(c)); and (2) offered for transportation in commerce without any visible indication to the person accepting the hazardous material for transportation that a hazardous material is present, on either an accompanying shipping document, or the outside of a transport vehicle, freight container, or package.”

Reporting

Subpart B 171.16   Detailed hazardous materials incident reports states 171.16(a) General. Each person in physical possession of a hazardous material at the time that any of the following incidents occurs during transportation (including loading, unloading, and temporary storage) must submit a Hazardous Materials Incident Report on DOT Form F 5800.1 (01/2004) within 30 days of discovery of the incident: (4) An undeclared hazardous material is discovered.