Lithium metal, lithium ion or sodium ion cells or batteries identified as being damaged or defective such that they do not conform to the type tested according to the applicable provisions of the Manual of Tests and Criteria shall comply with the requirements of this special provision.

For the purposes of this special provision, these may include, but are not limited to:

- Cells or batteries identified as being defective for safety reasons;
- Cells or batteries that have leaked or vented;
- Cells or batteries that cannot be diagnosed prior to transport; or
- Cells or batteries that have sustained physical or mechanical damage.

Note: In assessing a cell or battery as damaged or defective, an assessment or evaluation shall be performed based on safety criteria from the cell, battery or product manufacturer or by a technical expert with knowledge of the cell's or battery's safety features. An assessment or evaluation may include, but is not limited to, the following criteria:

.1 acute hazard, such as gas, fire or electrolyte leaking;
.2 the use or misuse of the cell or battery;
.3 signs of physical damage, such as deformation to cell or battery casing, or colours on the casing;
.4 external and internal short circuit protection, such as voltage or isolation measures;
.5 the condition of the cell or battery safety features; or
.6 damage to any internal safety components, such as the battery management system.

Cells and batteries shall be transported according to the provisions applicable to UN 3090, UN 3091, UN 3480, UN 3481, UN 3551 and UN 3552, as appropriate, except special provision 230 and as otherwise stated in this special provision.

Cells and batteries shall be packed in accordance with packing instructions P908 of 4.1.4.1 or LP904 of 4.1.4.3, as applicable.

Cells and batteries identified as damaged or defective and liable to rapidly disassemble, dangerously react, produce a flame or a dangerous evolution of heat or a dangerous emission of toxic, corrosive or flammable gases or vapours under normal conditions of transport shall be packed and transported in accordance with packing instruction P911 of 4.1.4.1 or LP906 of 4.1.4.3, as applicable. Alternative packing and/or transport conditions may be authorized by the competent authority.

Packages shall be marked "DAMAGED/DEFECTIVE" in addition to the proper shipping name, as stated in 5.2.1.

The transport document shall include the following statement "Transport in accordance with special provision 376".

If applicable, a copy of the competent authority approval shall accompany the transport.