Interpretation Response #05-0144 ([McCormick & Company, Inc.] [Mr. Timothy D. Brotzman, Sr.])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: McCormick & Company, Inc.
Individual Name: Mr. Timothy D. Brotzman, Sr.
Location State: MD Country: US
View the Interpretation Document
Response text:
Jul 1, 2005
Mr. Timothy D. Brotzman, Sr. Reference No. 05-0144
International Transportation Manager
180 Loveton Circle
Sparks, MD 21152-6000
Dear Mr. Brotzrnan:
This is in response to your June 2, 2005 letter requesting clarification of liquid flavoring under the Hazardous Materials Regulations (HMR; 49 CFR Parts 100-180). Specifically, you ask whether liquid flavors that contain ethyl alcohol in various concentrations may be renamed “Consumer Commodity” and reclassed as ORM-D material.
Section 173.22 of the HMR requires the shipper to properly class and describe the material in accordance with parts 172 and 173. This Office generally does not perform that function. However, based on your description of the material, it appears your material may be described as “flavoring extract.” 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 material. 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,
Chief, Standards Development
Office of Hazardous Materials Standards
173.150, 173.242