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Interpretation Response #03-0195

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

Interpretation Response Details

Response Publish Date: 10-01-2003
Company Name: California Highway Patrol    Individual Name: Officer George Barber
Location state: CA    Country: US

View the Interpretation Document

Response text:

Oct 1, 2003


Officer George Barber               Reference No. 03-0195
California Highway Patrol
P.O. Box 1471
Oroville, CA 95965

Dear Officer Barber:

This responds to your letter regarding requirements for poisons and foodstuffs transported in the same motor vehicle under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

While performing an inspection on a vehicle transporting a variety of hazardous materials classed as Division 6.1 (poison), PG I, Poison Inhalation Hazard, Hazard Zone B; Class 3 (flammable liquid); Class 8 (corrosive) liquid; Division 4.1 (flammable solid); Division 4.3 (dangerous when wet); and Division 5.1 (oxidizer), you encountered food grade items, that is, sucrose, yeast extract, and water, on the same transport vehicle. The chemicals and food grade items were marked as "not intended for consumption". Fischer Scientific ships these items as laboratory supplies to various customers. You ask whether the segregation requirements in § 177.841 ( e) of the HMR apply to such items.

Since these products were marked "not intended for consumption", they are not considered to be "foodstuffs, feed or other edible materials" intended for consumption by humans or animals, as addressed in §177.841(e), and are not subject to the restrictions prescribed in that section. Components of food products are subject to regulation in the same manner. If the components are marked "not intended for consumption", they are not subject to the restrictions in § 177 .841 (e). Therefore, when Fischer Scientific manufactures and marks such items not intended for consumption, they are not subject to the prohibitions prescribed in §177.841(e) for poisonous materials in the same motor vehicle with foodstuffs.

I trust this satisfies your inquiry. If we can be of further assistance, please contact us.



Edward T. Mazzullo
Director, Office of Hazardous Materials Standards

Regulation Sections

Section Subject
§ 177.841 Division 6.1 and Division 2.3 materials