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Interpretation Response #00-0166 ([All-Pak, Inc.] [Mr. R. C. Watt])

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

Interpretation Response Details

Response Publish Date:

Company Name: All-Pak, Inc.

Individual Name: Mr. R. C. Watt

Location State: NY Country: US

View the Interpretation Document

Response text:

October 2, 2000

Mr. R. C. Watt                Ref. No. 00-0166
All-Pak, Inc.
4225 Genesee Street
Suite 200
Buffalo, NY 14225.

Dear Mr. Watt:

This is in response to a telephone conversation with Ms. Helen Engrum of this office.  You asked whether the provisions in 49 CFR 173.153(c)(2) allow a poison which is a drug or medicine to be shipped as a consumer commodity regardless of whether the poison is in Packing Group III as stated in §173.153(b).

The answer is yes.  The definition of  "Consumer commodity" in §171.8 states that the term includes drugs and medicines.  A Division 6.1 material regardless of its Packing Group may be renamed  "Consumer commodity" and reclassed as ORM-D, if  (1) it is a drug or medicine listed in the U.S. Pharmacopeia; and (2) the shipping description entry for the material, as listed in the 49 CFR 172. 1 01 Hazardous Materials Table, authorizes a packaging exception in Column (8A) by referencing §173.153. The reclassed material must be packaged in conformance with §173.153(c)(2).

I hope this information is helpful.


Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
171.8 Definitions and abbreviations