Interpretation Response #05-0272 ([Patterson Dental Supply, Inc.] [Mr. Robb Boros])

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

Interpretation Response Details

Response Publish Date: 12/15/2005

Company Name: Patterson Dental Supply, Inc.

Individual Name: Mr. Robb Boros

Location State: IA Country: US

View the Interpretation Document

Response text:

Dec 15, 2005

Mr. Robb Boros                     Reference No. 05-0272

Patterson Dental Supply, Inc.

1905 Lakewood Drive

Boone, IA 50036

Dear Mr. Boros:

This is in response to your October 27, 2005 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if a specially packaged bonding solution meeting the definition of a Class 3 flammable liquid in Packing Group II is subject to the HMR.

According to your letter, your company intends to distribute promotional samples of a bonding solution. Each sample consists of one capsule, with a total volume of 0.1 ml further packaged in foil. The capsule must be opened with a counter-clockwise twist of the cap and an applicator is used to retrieve the solution. You further state that liquid did not flow from the capsule when the cap was removed, and the capsule was inverted.

Although the capsule contains a small amount of a flammable liquid, it is our opinion that the packaging procedures and methods you use for shipment of the promotional samples mitigate the minimal hazard that may be present during transportation. Therefore, in accordance with § 173.120(d), samples of the bonding solution that are packaged as described above are not subject to regulation under the HMR.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

John A. Gale

Chief, Standards Development

Office of Hazardous Material Standards

173.120 (d)

Regulation Sections