Interpretation Response #05-0117 ([Law Offices of Nicholas H. Cobbs] [Mr. Nicholas H. Cobbs])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Law Offices of Nicholas H. Cobbs
Individual Name: Mr. Nicholas H. Cobbs
Location State: DC Country: US
View the Interpretation Document
Response text:
May 25, 2005
Mr. Nicholas H. Cobbs Reference No. 05-0117
Law Offices of Nicholas H. Cobbs
1730 M. Street, NW, Suite 503
Washington, DC 20036-4516
Dear Mr. Cobbs:
This responds to your letter concerning the classification of "vanilla extract under the Hazardous Materials Regulations (HMR; 49 CFR Parts 100-180). Your letter states that the vanilla extract contains 35% ethyl alcohol and is packaged in 4 ounce glass bottles. You ask if your client can take advantage of the exception for "Alcoholic beverages" in
§ 173.150(d)(3).
The answer is no. The HMR require you to select the most appropriate shipping description for your hazardous material. Vanilla extract is most appropriately described as "flavoring extract" rather than "alcoholic beverage." The Hazardous Materials Table (HMT) lists two entries for "Extracts, flavoring, liquid" one entry for a PG II material, the other for a PG III material. Both entries reference the exceptions in § 173.150 in column 8a of the HMT. A material that meets the limited quantities provisions in § 173.150(b) and is a consumer commodity as defined in § 171.8, may be renamed "Consumer Commodity" and reclassed as ORM-D. In addition to the exceptions in § 173.150(b), ORM-D materials are not subject to shipping paper requirements unless the material meets the definition of a hazardous substance, hazardous waste, marine pollutant, or is offered for transportation and transported by aircraft. In addition, ORM-D materials are eligible for the exceptions provided in § 173.156.
I trust this satisfies your inquiry.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.150(d)
Regulation Sections
| Section | Subject |
|---|---|
| 173.150 | Exceptions for Class 3 (flammable and combustible liquids) |