Interpretation ID: aiam3806
Visual Packaging
Inc.
5250 Belfield Avenue
Philadelphia
PA 19144;
Dear Mr. Vernon: This responds to your letter asking about the packaging requirements o Safety Standard No. 116, *Motor Vehicle Brake Fluids*. You asked whether the cap and seal on a sample container comply with the standard. The container has a Mylar inner seal, which according to your letter, is applied using heat.; By way of background information, this agency does not grant approval of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is up to the manufacturer to assure that its products comply with applicable requirements. The following represents our opinion based on the facts provided in your letter.; Standard No. 116 specifies performance and labeling requirements fo motor vehicle brake fluids and their containers. Paragraph S5.2.1 of the standard sets forth specific requirements for container sealing of brake fluid packages:; >>>Each brake fluid or hydraulic system mineral oil container with capacity of 6 fluid ounces or more shall be provided with a resealable closure that has an inner seal impervious to the packaged brake fluid. The container closure shall include a tamper-proof feature that will either be destroyed or substantially altered when the container closure is initially opened.<<<; The tamper-proof feature on your package appears to be the Mylar inne seal. Removal of the seal would ordinarily involve considerable tearing of the seal. Therefore, strictly speaking, this meets the standard's requirements that the temper-proof feature 'either be destroyed or substantially altered when the container closure is initially opened.' There may be some question whether the feature is actually tamper- proof, however, for two reasons. First, the seal might be carefully lifted up, in whole or in part, and then pressed down, with little indication that it had been 'tampered with.' Second, the seal could be totally removed from the container without leaving any indication. However, since the standard does not define the term 'tamper-proof,' we would have to say that your seal complies with the requirements of the standard.; Nevertheless, we suggest that you consider ways of improving the desig of this tamper-proof feature, even though it might meet the 'letter of the law' as far as Standard No. 116 is concerned. Among other things, you may wish to include a statement on the label that the package has been opened if the seal is broken or missing.; Sincerely, Frank Berndt, Chief Counsel