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Interpretation Response #03-0143 ([Optical Dynamics Corporation] [Mr. John Gardner])

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

Interpretation Response Details

Response Publish Date:

Company Name: Optical Dynamics Corporation

Individual Name: Mr. John Gardner

Location State: KY Country: US

View the Interpretation Document

Response text:

Aug 5, 2003


Mr. John Gardner                Reference No. 03-0143
Optical Dynamics Corporation
10100 Bluegrass Parkway
Louisville, KY 40299

Dear Mr. Gardner:

This is in response to your letter dated May 27, 2003, concerning the definition of consumer commodity under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you asked if your products meet the definition of a consumer commodity in § 171.8. You state that your products are packaged in accordance with the limited quantity provisions. You also state that the products are packaged in a manner that is suitable for retail sale, however, the products are not intended for consumption by individuals for purposes of personal care or household use.

To ship your product as a Consumer commodity, ORM-D, it must: 1) meet the definition for consumer commodity; 2)in the packaging section referenced in the Hazardous Materials Table in § 172.101, be allowed a special exception for shipment as an ORM-D; and 3)be packaged for shipment in accordance with the limited quantity provisions.

A consumer commodity is defined as 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. The definition includes materials that are suitable for retail sale even if not specifically so intended.

I hope this satisfies your request.



John A. Gale
Transportation Regulations Specialist
Office of Hazardous Materials Standards

Regulation Sections

Section Subject
171.8 Definitions and abbreviations