Interpretation Response #09-0276 ([JJ Keller] [Mr. Leonard Satkowski])

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

Interpretation Response Details

Response Publish Date: 01/10/2011

Company Name: JJ Keller

Individual Name: Mr. Leonard Satkowski

Location State: IL Country: US

View the Interpretation Document

Response text:

January 10, 2011

Mr. Leonard Satkowski

JJ Keller

7727 Parkside Ave.

Burbank, IL 60459



Ref. No. 09-0276

Dear Mr. Satkowski:

This is in response to your November 6, 2009 email regarding the exceptions for limited quantities of compressed gases specified in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if aerosol cans containing an oral cleanser may utilize the exception provided by § 173.306(b). This provision allows the material to be renamed "Consumer commodity" and reclassed and transported as ORM-D material without subjecting the container to the hot water bath test specified in § 173.306(a)(3).

According to your letter, the oral cleanser is packaged in a bag-on-valve inside an aerosol container with a non-flammable gas. The non-flammable gas is intended to force the cleanser from the bag.

In accordance with § 173.306(b)(1), foodstuffs or soaps may be transported in a non-refillable metal container with soluble or emulsified compressed gas. In order to meet this exception, the gas must be dissolved into a solution with the oral cleanser. The bag-on- valve configuration described in your letter does not appear to meet this requirement.

I trust this satisfies your inquiry. If we can be of further assistance, please contact us.

Sincerely,

Ben Supko

Acting Chief, Standards Development Branch

Standards and Rulemaking Division

173.306

Regulation Sections