Interpretation Response #01-0037 ([VP Buildings, Inc.] [Mr. Randy Geesing])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 05/02/2001

Company Name: VP Buildings, Inc.

Individual Name: Mr. Randy Geesing

Location State: MO Country: US

View the Interpretation Document

Response text:

MAY 2, 2001

Ref. No. 01-0037

Mr. Randy Geesing

VP Buildings, Inc.

P.O. Box 4369

St. Joseph, MO 64504-0369

Dear Mr. Geesing:

This is in response to your letter and subsequent telephone conversation with a member of my staff requesting clarification of the requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 100 to 185) pertaining to "Consumer commodity," ORM-D. You state that your products, small quantities of touch-up paint and primer, were initially classed as "Paint" UN1263, Packing Group II and are packaged in I-quart cans and 2-ounce plastic bottles that you ship by highway as "Consumer commodity," ORM-D. Specifically, you ask for clarification of the consumer commodity definition, the applicable consumer commodity requirements and whether your products meet the provision in § 173.156(b) (1) (iii).

A consumer commodity, as defined in § 171.8, is a material that is packaged and distributed in a form suitable for retail sale or consumption by individuals for purposes of personal care or household use. Such materials may include paint and paint related materials. You are correct in your understanding that this definition includes materials that are suitable for retail sale even if not specifically so intended and, in fact, may be used in some other fashion.

With regard to the applicable requirements for transporting "Consumer commodity," inner packages (not over 1.0 liter (.0.3 gallon) net capacity for Packing Group II) must be placed in a strong outer packaging not to exceed 30 kg (66 pounds gross weight). The outer packaging must be marked on at least one side or end with the ORM-D designation immediately following or below the proper shipping name "Consumer commodity" (see § 173.316). Based on the information you submitted, we agree that under § 173.150, you may transport your product as "Consumer commodity," ORM-O, provided it meets the general packaging provisions in §§ 173.24 and 173.24a, as well as the limited quantity packaging provisions. In addition, unless the material is a hazardous substance, hazardous waste or marine pollutant, your product would also be excepted from the shipping paper requirement. However, the marking exception in § 173.156 would not apply because transporting consumer commodities from your company's manufacturing facility to its construction site does not meet the provision in paragraph (b) (1) (iii).

You also ask whether you may package nuts, bolts and other Non-hazardous materials in the same outer packaging with the paint. The answer is yes, provided the materials are not capable of reacting dangerously with each other as set forth in §173.24(e) (4).

I hope this information is helpful. Please contact us if you need further assistance.

Sincerely,

Hattie L. Mitchell, Chief

Regulatory Review and Reinvention Office

of Hazardous Materials Standards

173.150

Regulation Sections