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Interpretation Response #04-0056 ([Safety Specialist, Inc.] [Mr. Ken Holloway])

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

Interpretation Response Details

Response Publish Date:

Company Name: Safety Specialist, Inc.

Individual Name: Mr. Ken Holloway

Location State: NC Country: US

View the Interpretation Document

Response text:

May 26, 2004


Mr. Ken Holloway                Reference No. 04-0056
Vice President
Safety Specialist, Inc.
14261 Maple   Hollow   Lane
Charlotte, NC 28227

Dear Mr. Holloway:

This responds to your letter dated March 12, 2004, concerning requirements for shipping consumer commodities under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 ­180).  Specifically, you asked for confirmation of your understanding of the requirements for reclassifying a material described as “Chloroform, 6.1, UN 1888, III” as a consumer commodity.  This product is used in dentist offices to soften gutta percha (a rubber like compound).

In general terms, a consumer commodity, as defined in 171.8, is a material that is packaged and distributed in a form intended or suitable for retail to consumers, even if not specifically so intended, and that may, in fact, be used in some other fashion. In order for your product to be reclassified as a “Consumer commodity, ORM-D,” it must meet the definition for consumer commodity in §171.8. In addition, the packaging exception, referenced in Column “8A” of the § 172. 101 Hazardous Materials Table, must allow an exception for shipment as an ORM-D material, and the material must be packaged for shipment in accordance with the limited quantity packaging provisions for that class of material.

Your understanding is correct that your product described as “Chloroform, 6. 1, UN 1888, III” qualifies to be reclassed and renamed “Consumer commodity, ORM-D” and shipped in accordance with the limited quantity packaging exceptions in §173.153. Packages containing ORM-D material must be marked in accordance with §172.316. Exceptions for shipment of a material described as “Consumer commodity, ORM-D” are provided in § 173.156.

Foryourinformationlunder§173.153,exceptfordrugsandmedicines,innerpackagingfor which may not exceed 250 ml, (8 ounces) for liquids and 250 g (8.8 ounces) for solids, the correct inner packaging limitation for liquid poisonous materials in Packing Group III is 5 L (1.3 gallons) net capacity each, packed in a strong outer packaging.

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



John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

171.8, 173.153

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
173.153 Exceptions for Division 6.1 (poisonous materials)