Interpretation Response #05-0164 ([The Procter & Gamble Company] [Mr. Steven L. Dishion])

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

Interpretation Response Details

Response Publish Date: 10/12/2005

Company Name: The Procter & Gamble Company

Individual Name: Mr. Steven L. Dishion

Location State: OH Country: US

View the Interpretation Document

Response text:

Oct 12, 2005

Mr. Steven L. Dishion                       Reference  No. 05-0164
Corporate Dangerous Goods Transportation
Risk Manger
The Procter & Gamble Company
Corporate Engineering Technologies Lab
8256 Union Centre Boulevard
West Chester, OH 45069

Dear Mr. Dishion:

This responds to your June 27, 2005 letter requesting confirmation that a package containing mixed contents of hazardous materials in limited quantities is acceptable under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and International Maritime Dangerous Goods (IMDG) Code. You indicate that you have two-part and three-part hair dye kits that contain Flammable liquid, n.o.s., UN 1993, PG III and either Hydrogen peroxide, aqueous solution, UN 2984, PG III or Oxidizing solid, n.o.s. UN 1479, PG III or both. In addition, you state that the individual hazardous materials components do not react dangerously with one another or any other insert in the outer fiberboard packaging (i.e., conditioner, gloves, instructions, or the developer).

In accordance with § 176.80(b) and 177.848(a) of the HMR, materials in limited quantities are excepted from segregation requirements. However, § 173.21(e) and 173.24(e)(4) of the HMR prohibit materials that dangerously react from being placed together. Therefore, in accordance with the provisions mentioned above, limited
quantities of materials may be shipped in the same packaging if mixing of the package contents does not cause a dangerous evolution of heat, flammable or poisonous vapors, or the formation of unstable corrosive materials.

Under the IMDG Code, a limited quantity of Flammable liquid, n.o.s., Class 3, UN 1993, PG III may not be placed in the same outer package with a limited quantity of either Hydrogen peroxide, aqueous solution, Class 5.1, UN 2984, PG III or Oxidizing solid, n.o.s., Class 5.1, UN 1479, PG III. Although the IMDG Code provides relaxation from the normal segregation provisions when limited quantities in different packages are involved, no relaxation is provided for materials in the same outer package. Paragraph 3.4.4.1 states “Different dangerous goods in limited quantities may be packaged in the same outer packaging provided the segregation provisions of chapter 7.2 are taken into account and the goods will not react dangerously in the event of leakage.” In the case of
the materials in your kit, IMDG Code chapter 7.2 requires “Separated from” segregation between Class 3 substances and Class 5.1 substances regardless as to whether or not a dangerous reaction would occur in the event of leakage.

It is the responsibility of the offeror to ensure that any mixed contents package containing limited quantities or consumer commodities is suitable and properly prepared for transportation. Based on the information you provided, your hair dye kits may be packaged as described in your letter, when transported by highway or vessel as consumer commodities in accordance with HMR; however, they may not be packaged as you described for transportation by vessel under the IMDG Code.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

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

176.83, 177.848

Regulation Sections