Interpretation Response #03-0073 ([The Embalmers" Supply Company] [Mr. John R. Jackson])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: The Embalmers" Supply Company
Individual Name: Mr. John R. Jackson
Location State: CT Country: US
View the Interpretation Document
Response text:
Jul 7, 2003
Mr. John R. Jackson Reference No. 03-0073
Vice President
The Embalmers" Supply Company
1370 Honeyspot Road Extension
Stratford, Connecticut 06615
Dear Mr. Jackson
This responds to your letter regarding classification of your products containing formaldehyde in various concentrations and other products which contain varying amounts of methanol and ethylene glycol, and whether they may be reclassed and described as a Consumer commodity, ORM-D in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The products are used for embalming and disinfecting of human remains.
Your company packages a range of products that contain formaldehyde in various concentrations as follows: (1) 8% to 24% with flash points ranging from 64.4EC to 80.0EC; (2) 4.7% to 21.0% with flash points ranging from 20EC to 50EC; (3) 25% to 36% with flash points ranging from 61.0EC to 77.0EC; and (4) 28% to 34% with flash points ranging from 43EC to 57EC. Your company also packages another range of products containing methanol (0.8% to 25.0%) and ethylene glycol (3.0% to 12.5%) with flash points ranging from 61.0EC to 110 .0EC.
These products are packaged in 473 ml (16 fluid ounces) polyethylene bottles that have polypropylene caps with a patented non-backoff closure and polyester liner (F-217). The bottles are packed 24 to a case varying in weight from 11.79 Kg (26 pounds) to 15.42 Kg (34 pounds). The package is a combination packaging marked "UN 4G/Yl6/S/02/USA+AG0624." Specifically, you asked for classification of your products, whether they qualify for the limited quantity exceptions in §173.150, and if they meet the definition for a Consumer commodity, ORM-D.
Based on the information provided, your company"s large variety of products meet the definition in § 173.120 for a Class 3 (flammable liquid or combustible liquid) material. A material that meets the Class 3 definition is subject to the HMR and regulated for purposes of transportation. A combustible liquid in a non-bulk packaging that is not a hazardous substance, hazardous waste, or marine pollutant is not subject to the HMR for purposes of transportation (See §§ 173.120(a) and (b) and § 173.150(f)).
In general terms, a consumer commodity, as defined in § 171.8, is a material that is packaged and distributed in a form intended or suitable for retail sale to consumers even if not specifically so intended and that, may, in fact, be used in some other fashion. A Class 3 (flammable liquid) material packaged for shipment in accordance with the limited quantity provisions in § 173.150 that meets the definition of
a consumer commodity may be renamed as a "Consumer commodity" and reclassed as ORM-D material. Packages containing an ORM-D material must be marked in accordance with § 172.316. Based on the information provided in your letter, it is the opinion of this Office that your products may be transported as consumer commodities.
I hope this information is helpful. If we can be of further assistance, please contact us.
Sincerely,
Susan Gorsky
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards
173.150
Regulation Sections
| Section | Subject |
|---|---|
| 173.150 | Exceptions for Class 3 (flammable and combustible liquids) |