Interpretation Response #18-0028

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

Interpretation Response Details

Response Publish Date: 07/13/2018

Company Name: Vanilla Xtend Inc.

Individual Name: Robert McDonald

Location State: NY Country: US

View the Interpretation Document

Response text:

July 13, 2018

Robert McDonald
President
Vanilla Xtend Inc.
375 Carlls Path
P.O. Box 197
Deer Park, NY  11729

Reference No. 18-0028

Dear Mr. McDonald:

This letter is in response to your February 25, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to limited quantities of retail products containing ethyl alcohol. You indicate that you ship natural vanilla flavoring containing 20%-40% ethyl alcohol classified as "UN1197, Extracts, flavoring, liquid, 3, III" in packages containing retail size plastic bottles of 8 or 16 fluid ounce (inner) capacity, where no plastic bottle exceeds 16 fluid ounce capacity. Specifically, you seek confirmation of your understanding that such a package, if limited to a combined total of 192 fluid ounces, is excepted from the HMR for shipment by both ground and air.

Your understanding is correct, provided all the conditions specified in § 173.150 that apply to your hazardous material are met. In addition to the information you provided on the material composition and form and manner of packaging, in order to meet § 173.150, you must also ensure that:

• The gross weight of any single outer package does not exceed 65 pounds; and
• The inner packagings (i.e., the plastic bottles) are secured and cushioned within the outer package to prevent breakage, leakage, and movement (i.e., shifting).

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

Dirk Der Kinderen
Chief, Standards Development
Standards and Rulemaking Division

173.150

Regulation Sections