Interpretation Response #01-0066 ([Degesch America, Inc.] [Mr. Michael E. Paynter])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Degesch America, Inc.
Individual Name: Mr. Michael E. Paynter
Location State: VA Country: US
View the Interpretation Document
Response text:
MAY 2, 2001
  Mr. Michael  E. Paynter                     Ref. No.  01-0066
  Degesch America, Inc.
  P.O. Box 116 
  Weyers  Cave, VA 24486 
Dear Mr. Paynter:
This is in response to your letter and subsequent telephone conversation with a member of my staff asking whether your fumigation marking is in accordance with 49 CPR 173.9.
The answer  is no. Section 173.9(c}states that except for the size and color, the FUMIGANT  marking must be as set forth in the illustration. The text in your marking  varies considerably from the illustration and, therefore, does not meet the  requirements of paragraph (c). As provided in paragraph (b), if your FUMIGANT  marking is authorized by the Environmental Protection Agency 
  (EPA) under  40 CFR, Part 156, it may be used as an alternative to the 49 CPR FUMIGANT  marking; however, as you stated on the telephone, your marking has not yet been  approved.  
I hope this information is helpful. Please contact us if you need further assistance.
Sincerely,
Hattie L.  Mitchell, Chief 
  Regulatory  Review and Reinvention 
  Office of Hazardous Materials Standards 
173.9