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Interpretation Response #00-0297 ([Agmark Foods, Inc.] [Mr. Richard L. Hagemeyer])

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

Interpretation Response Details

Response Publish Date:

Company Name: Agmark Foods, Inc.

Individual Name: Mr. Richard L. Hagemeyer

Location State: TN Country: US

View the Interpretation Document

Response text:

November 7, 2000

Mr. Richard L. Hagemeyer                Ref. No. 00-0297
Vice President
Agmark Foods, Inc.
150 Fourth Avenue North
Suite 1030
Nashville, TN 37219-2417

Dear Mr. Hagemeyer:

This is in response to your letter dated October 20, 2000, regarding the shipping name for a shipment of tequila.  Specifically, you ask if a shipment of tequila may be transported under the shipping name of "Ethyl alcohol solution, UN I 170" in lieu of the shipping name AAlcoholic beverages, UN 3065."

Section 172. 1 01(c)(10)(i)(F) states that a mixture or solution not identified specifically by name, comprised of a hazardous material identified in the Hazardous Materials Table (§ 172.101; HMT) by technical name and a non-hazardous material, shall be described using the proper shipping name of the hazardous material and the qualifying word "mixtures" or  "solutions" as appropriate, unless the material can be appropriately described by a shipping name that describes its intended application.  It is the intent of this section to allow a material that is a mixture of a hazardous material that is identified by name in the HMT and a non-hazardous material, to be identified by a shipping name that describes its intended application or by the proper shipping name of the hazardous material and the appropriate qualifying word.  It is not the intent of § 172.101 (c)(l 0)(i)(F) to require such a material to be described under the materials application name.  Therefore, an alcoholic beverage that is a solution of ethyl alcohol and non-hazardous materials may be described under the shipping name of "Ethyl alcohol solution, UN 1170"   or "Alcoholic beverages, UN 3065."

I hope this satisfies your request.

Sincerely,

Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards

172.101

Regulation Sections