Interpretation Response #04-0125 ([Dr. H. Tiit Tohver])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name:
Individual Name: Dr. H. Tiit Tohver
Location State: AL Country: US
View the Interpretation Document
Response text:
May 17, 2004
Dr. H. Tiit Tohver Reference No. 04-0125
1405 Sunshine Circle
Birmingham, AL 35213
Dear Dr. Tohver:
This is in response to your letter dated May 1, 2004 regarding the transportation of pepper spray aboard a passenger carrying aircraft under the requirements of the Hazardous Materials Regulations (HMR: 49 CFR Parts 171-180). Specifically, you ask if you can pack a can of bear repellent pepper spray in your checked baggage.
According to § 175. 10(a)(4)(ii), a single container of self-defense spray, not exceeding 118 ml (4 fluid ounces) by volume, that incorporates a positive means to prevent accidental discharge is not regulated under the HMR and may be carried in checked baggage. The term "self-defense spray" is defined in § 171.8 (copy enclosed).
If your bear repellent pepper spray meets the definition of a self-defense spray, is packaged in a container with a volume not exceeding 4 fluid ounces, and has a positive means to prevent accidental discharge then, if permitted by the airline, a single can may be placed in your checked baggage. You should check with the airline before your trip to make sure that it will permit you to have pepper spray in your checked baggage.
I hope this satisfies your request.
Sincerely,
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
175.10
Regulation Sections
| Section | Subject |
|---|---|
| 175.10 | Exceptions for passengers, crewmembers, and air operators |