Interpretation Response #05-0250
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Nov 21, 2005
Mr. A. B. Eargood Reference No. 05-0250
Brenntag Mid-South, Inc
P.O. Box 20
Henderson, KY 42420
Dear Mr. Eargood:
This responds to your October 6, 2005 letter requesting clarification on shipping poisons with foodstuffs under § 177.84 1(e)(1) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if Chlorine gas in cylinders, a Division 2.3 material, may be transported in the same motor vehicle/trailer with material that is marked as or known to be foodstuffs, feed, or edible material intended for consumption by humans or animals.
According to your letter, you transport Chlorine gas in cylinders that bear an INHALATION HAZARD label. The word POISON is not present. You ask whether a letter of clarification (dated January 10, 2002) from us stating that you may transport a Division 2.3 material labeled INHALATION HAZARD with foodstuffs, but you may not transport material bearing POISON or POISON INHALATION HAZRAD label is still current.
The answer is yes. Section 177.84 1(e)(1) does not restrict the transportation of a Division 2.3 material with foodstuffs. The restriction in § 177.841(e)(1) applies to a Division 6.1 material bearing a POISON or POISON INHALATION HAZARD label in Division 6.1.
I hope this answers your inquiry.
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
|§ 177.841||Division 6.1 and Division 2.3 materials|