Interpretation Response #03-0311 ([Mr. Joseph Sanok])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name:
Individual Name: Mr. Joseph Sanok
Location State: CA Country: US
View the Interpretation Document
Response text:
Feb 24, 2004
Mr. Joseph Sanok Reference No. 03-0311
503 Fairview Avenue #2
Arcadia, CA 91107
Dear Mr. Sanok:
This responds to your letter dated December 1, 2003, regarding classification of your products under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You enclosed Material Safety Data Sheets for these products. Subsequently, you spoke with a member of my staff, Helen Engrum, by telephone and said that any additional information on these products is proprietary and thus could not be released.
These products are “plant food” and carried in checked baggage aboard aircraft. Specifically, you asked whether your products, “CANNA AQUA VEGA A, CANNA AQUA VEGA B, CANNA AQUA FLORES A, and CANNA AQUA FLORES B” are considered hazardous materials, and thus subject to the HMR for purposes of transportation in commerce.
You did not provide sufficient information on these products or materials to make a determination regarding classification. Under the HMR, the hazard class is determined based on chemical composition, concentration of ingredients, and hazard characteristics of the material. In accordance with 49 CFR 173.22, it is a shipper's responsibility to properly classify a hazardous material for transportation in commerce. This office does not perform that function.
The requirements for shipping hazardous materials are found in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). A list of suppliers is enclosed. The HMR address requirements for classification, packaging, preparation of shipping papers, marking, labeling, placarding, emergency response information, and training. You may also access our Hazmat Safety Web Site at: http:/hazmat.dot.gov.
I hope this information is helpful. If we can be of further assistance, please contact us.
Sincerely,
Susan Gorsky
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards
Enclosures
173.22
Regulation Sections
| Section | Subject |
|---|---|
| 173.22 | Shipper's responsibility |