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Portable Fuel Container Business Guidance

The requirements for portable fuel containers vary depending on the fuel and the container type. Below are the requirements for portable fuel containers which range from package performance to labeling and certification.

Portable Gasoline, Kerosene, and Diesel Fuel Containers

Enacted in 2008, the Children’s Gasoline Burn Prevention Act (CGBPA), as amended by the Portable Fuel Container Safety Act of 2020 (PFSCA), requires portable gasoline, kerosene, and diesel fuel containers to comply with ASTM F2517. The requirements are codified at 16 CFR part 1460, and 16 CFR § 1460.3 identifies the latest Commission accepted version of ASTM F2517 that is mandatory.

Read-only copies of ASTM standards that are incorporated by reference can be viewed at ASTM’s electronic Reading Room.

Portable Fuel Containers

The PFCSA requires the Commission to promulgate a final rule to require flame mitigation devices in portable fuel containers that impede the propagation of flame into the container. Codified at 16 CFR part 1461, the Commission determined that:

  • Portable fuel containers sold pre-filled must comply with ASTM F3429/F3429M-24
  • Portable fuel containers sold empty (such as gasoline containers) must comply with ASTM F3326-21
    • Safety cans (a specific type of empty container) may comply with UL 30:2022 instead of ASTM F3326-21

Under the PFCSA, a "portable fuel container" is defined as any container:

  • Intended for liquid fuels with a flash point less than 140 °F, including gasoline, kerosene, diesel, ethanol, methanol, denatured alcohol, or biofuels;
  • That has a capacity of 5 gallons or less; and
  • That the manufacturer knows or reasonably should know is used for transporting, storing, and dispensing liquid fuels.

Products that store substances like propane are not within scope of the definition of portable fuel container because such substances are only liquid at high pressure.

In a letter issued May 19, 2023, the Office of Compliance and Field Operations established the exercising of enforcement discretion for the pre-filled portable fuel containers subject to ASTM F3429/F3429M to prevent a shortage of critical fuels used for emergencies. In a letter issued July 3, 2024, CPSC staff extended the enforcement discretion. Pursuant to the exercise of enforcement discretion, the requirement for pre-filled portable fuel containers containing fuel will not be enforced until January 12, 2025, and the requirement for pre-filled portable fuel containers containing fuel additives will not be enforced until July 12, 2025.

Read-only copies of ASTM standards are available through ASTM’s Reading Room. Read-only copies of UL standards are available at UL’s Standards Sale Site by clicking “Browse and Buy Standards,” searching for UL 30, clicking “Digital View,” and signing in.

Labeling

Manufacturers and importers of portable containers intended to be filled by retail vendors with gasoline, kerosene, or other petroleum distillates should review 16 CFR §§ 1500.14(b)(3) and 1500.83(a)(14) concerning labeling requirements.

Packaging

Certain liquid fuels that are listed under 16 CFR § 1700.14(a) must utilize special packaging per the PPPA. For more information, visit our PPPA business guidance page and related FAQs.

Certification

Section 14(a) of the Consumer Product Safety Act (CPSA) requires domestic manufacturers or importers of consumer products subject to a regulation, standard, or ban enforced by the CPSC to certify that those products meet applicable requirements by issuing a General Certificate of Compliance (GCC). The citation for portable gasoline containers is: “16 CFR part 1460 – Portable fuel container (special packaging)”. The citation for flame mitigation devices in portable fuel containers is: “16 CFR part 1461 – Portable fuel container (flame mitigation device)”. For more information on GCCs, visit our GCC business guidance page.

Additional Information

Contact

For more information, please contact the Small Business Ombudsman (SBO) team:

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