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Interpretation Response #01-0143 ([Fuji Foods, Inc.] [Ms. Kimberly Roberson])

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

Interpretation Response Details

Response Publish Date:

Company Name: Fuji Foods, Inc.

Individual Name: Ms. Kimberly Roberson

Location State: NC Country: US

View the Interpretation Document

Response text:

AUG 24, 2001


Ms. Kimberly Roberson                         Reference No.: 01-0143
HR/Safety Administrator

Fuji Foods, Inc.
6206 Corporate Park Drive
Brown Summit, NC 27214

Dear Ms. Roberson:

This is in response to your request concerning how a food manufacturer should test their sample products and creations to prove that they do not have hazardous properties according to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

The HMR do not require testing of food products to prove that they do not contain a hazardous material. The HMR govern the transportation of hazardous materials in commerce. Under § 173.22 of the HMR, it is the shipper's responsibility to properly classify a hazardous material in accordance with the hazard class definitions in Part 173 or determine that the material is not subject to these regulations. This determination must be based on the product in the form in which it will be offered for transportation. With the exception of Class 1 materials, such determinations are not required to be verified by this office. Generally, manufacturers have the information needed to properly classify the materials and products they produce. In some cases, it may be necessary to have the material tested.

I trust this satisfies your request.



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


Regulation Sections

Section Subject
173.22 Shipper's responsibility