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Interpretation Response #05-0190 ([EHS Associates, Inc.] [Mr. Daniel J. Young])

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

Interpretation Response Details

Response Publish Date:

Company Name: EHS Associates, Inc.

Individual Name: Mr. Daniel J. Young

Location State: NC Country: US

View the Interpretation Document

Response text:

Oct 27, 2005


Mr. Daniel J. Young                      Reference No. 05-0190
EHS Associates, Inc.
3301 Bentwillow Drive
Fuquay-Varina, NC 27526

Dear Mr. Young:

This is in response to your August 1, 2005 letter requesting further clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to consumer commodities. Specifically, you ask whether small gas cylinders of carbon dioxide that are used for powering industrial tools may be renamed “Consumer commodity,” and reclassed as “ORM-D material.” You state your cylinders could be sold at the retail level with a slight change in the design of the outlet valve on the cylinders.

As specified in § 173.306(h), a limited quantity of compressed gas which conforms to paragraph (a)(1), (a)(3), or (b) of this section and is a “Consumer commodity” as defined in § 171.8 of the HMR, may be renamed “Consumer commodity” and reclassed as “ORM-D material.” Section 171.8 of the HMR defines a “Consumer commodity” as a material that is packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities for consumption by individuals for purposes of personal care or household use. Your material as described in your letter is not packaged and distributed in such a manner. Therefore, you may not rename your material as a “Consumer commodity” or reclass it as “ORM-D material.”

I hope this information is helpful.



Susan Gorsky
Acting Director
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.306 Limited quantities of compressed gases