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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #03-0119 ([Science Kit & Boreal Laboratories] [Mr. Rupert Zellner])

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

Interpretation Response Details

Response Publish Date:

Company Name: Science Kit & Boreal Laboratories

Individual Name: Mr. Rupert Zellner

Location State: NY Country: US

View the Interpretation Document

Response text:

Jul 17, 2003    


Mr. Rupert Zellner               Reference No. 03-0119
Warehouse Manager
Science Kit & Boreal Laboratories
777 East Park Drive
Tonawanda, NY 14150-6784

Dear Mr. Zellner:

This is in response to your May 8, 2003 letter, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of ORM-D materials. Specifically, you ask if the materials listed in your letter may be shipped as ORM-D materials.  Your company is a supplier of education equipment, supplies, and chemicals to schools throughout the United States.  You state the chemicals listed in your letter are packaged in a way that is suitable for sale in the retail market.

Section 173.22 requires a shipper to properly class and describe the hazardous material in accordance with parts 172 and 173 of the HMR.  This Office does not perform that function.  As defined in § 171.8, a consumer commodity means a material that is packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities for consumption by individuals for purposes of personal care or household use.  This term also includes drugs and medicines.  As provided in § 173.144, an ORM-D material means a material such as a consumer commodity, which, although otherwise subject to the regulations of this subchapter, presents a limited hazard during transportation due to its form, quantity and packaging.  It must be a material for which exceptions are provided in Column 8A of the Hazardous Material Table (HMT) found under § 172.101. If the materials you intend to ship meet these criteria, then they may be renamed “Consumer commodity” and reclassed as “ORM-D.” Materials properly renamed consumer commodity and reclassed ORM-D are excepted from labeling, placarding, specification packaging and, except when transported by air, are excepted from shipping paper requirements.  However, packages containing consumer commodities must be marked in accordance with § 172.316.

I hope this information is helpful.  If we can be of further assistance, do not hesitate to contact us.



Susan Gorsky
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards



Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table