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Interpretation Response #03-0131 ([Design & Product Development IDEO Chicago] [Mr. Iain Roberts])

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

Interpretation Response Details

Response Publish Date:

Company Name: Design & Product Development IDEO Chicago

Individual Name: Mr. Iain Roberts

Location State: IL Country: US

View the Interpretation Document

Response text:

Aug 12, 2003


Mr. Iain Roberts
                Reference No. 03-0131
Design & Product Development IDEO Chicago
630 Davis Street
Evanston, IL 60201

Dear Mr. Roberts:

This is in response to your May 20, 2003 letter, and the subsequent material safety data sheet and test data asking if your company's prototype product (article) would be subject to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You stated the article releases fragrance when placed in a dispensing device with water.
You described the article as a 2.5-inch square, porous, non-woven fabric pouch filled with not more than 8 grams of a powdered fragrance-magnesium mixture identified by testing as a Division 4.3, PG I material. The mixture is composed of 4 grams of magnesium alloys powder, .4 grams of sodium chloride, and 1 gram of fragrance absorbed into 2 grams of inert material. You stated each pouch will be placed inside a heat-sealed mylar foil laminate bag or other similar foil material that is impervious to water, 4-6 pouches will be placed in one carton, and an undetermined number of cartons will be placed in one outer packaging.

Based on the information you provided, it is our determination that the heat-sealed bag containing 8 grams or less of the fragrance-magnesium mixture in the manner described is in a quantity and form that does not pose a hazard in transportation and is not subject to the HMR, regardless of the number of articles in a package. This determination does not apply to articles shipped in another type of packaging or those containing more than 8 grams of the fragrance¬magnesium mixture, which must be shipped in conformance with the applicable requirements of theHMR.

I hope this satisfies your request.


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

Regulation Sections

Section Subject
173.124 Class 4, Divisions 4.1, 4.2 and 4.3-Definitions