(a)

1. (1) Medical waste, except for sharps capable of cutting or puncturing, shall be contained for reprocessing at the site of generation in collection containers impervious to moisture, which are leak resistant and have a sufficient strength to preclude ripping, tearing, or bursting under normal conditions of usage.
2. (2) Full containers shall be securely closed (fastened, taped, or tied) to prevent leakage or loss of solid or liquid wastes.

(b)

1. (1) Contaminated sharps shall be packaged for reprocessing at the site of generation in containers that are:

   1. (A) Leak resistant on the bottom and sides;
   2. (B) Rigid;
   3. (C) Closable; and
   4. (D) Puncture resistant.
2. (2) Sharps containers shall be assembled and utilized at all times as intended by the manufacturer.

3. (3) Sharps that have been treated and are still capable of cutting or puncturing must also meet this packaging requirement unless they:

   1. (A) Have been rendered unrecognizable; and
   2. (B) Are no longer capable of cutting or puncturing.

(c)

1. (1)

   1. (A) Warning labels shall be affixed to all bags and containers used for medical waste or affixed as close as feasible to the container by:

(i) String;

1. (ii) Wire;

   1. (iii) Adhesive; or

      1. (iv) Other method that prevents their loss or unintentional removal.

   2. (B) Labels must:

      1. (i) Be water resistant and legible;
      2. (ii) Be colored fluorescent orange or orange-red (or predominantly so), with lettering or symbols in a contrasting color; and
      3. (iii) Include the universal biohazard legend.
2. (2) Red bags or red containers shall be labeled as listed in subdivision (c)(1) of this section, above.

3. (3)

   1. (A) Rigid containers for contaminated sharps and treated sharps as outlined in subsection (b) of this section shall be colored or labeled as listed subdivision (c)(1) of this section.
   2. (B) Treated sharps must also be labeled as in subdivision (c)(1) of this section.

4. (4)

   1. (A) Individual containers of medical waste that are placed in a labeled container as required in 20 CAR § 53-306 during storage, transport, shipment, or disposal are required to be labeled as listed in subdivision (c)(1) of this section.

   2. (B) Subsection (f) of this section allows for the substitution of the 49 C.F.R. Hazardous Materials Regulation's labeling and packaging requirements during handling and transport of medical waste.

      1. (d)
5. (1) When medical waste leaves the facility where it was generated, the name and address of the generator must clearly be marked on the outside of the container.
6. (2) If the waste has been treated using an approved method as outlined in 20 CAR § 53-307(b) – (g), then it must also be labeled on the container with the words "TREATED" and "BIOHAZARDOUS WASTE" or "INFECTIOUS SUBSTANCE" or "MEDICAL WASTE" or the universal biohazard symbol.
7. (3) Medical waste that has been treated by an approved method and determined by the Department of Health as rendered unrecognizable, is not required to have special packaging or labeling when transported or disposed as outlined in 20 CAR § 53-314.
8. (4) The handling and disposal of incinerator ash is regulated by the Division of Environmental Quality.

(e)

1. (1) Treated medical waste cannot be disposed of if it is in a red or orange-red bag or container as outlined in subdivisions (c)(2) and (3) of this section.
2. (2) It must be further over-packed in a different color container (e.g., brown, green, black paper or plastic) and then labeled as required in subsection (d) of this section.