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Interpretation Response #06-0040 ([Marquis Spas] [Mr. Gary Kertz])

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

Interpretation Response Details

Response Publish Date:

Company Name: Marquis Spas

Individual Name: Mr. Gary Kertz

Location State: OR Country: US

View the Interpretation Document

Response text:

Jul 12, 2006

Mr. Gary Kertz                Reference No. 06-0040
Materials Manager
Marquis Spas
596 Hoffman Road
Independence, Oregon 97351

Dear Mr. Kertz:

This responds to your letter dated February 10, 2006 regarding the requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they apply to a water-treatment chemical kit shipped as a consumer commodity. Specifically, you ask if the spa containing the chemical kit may be shipped as a “Consumer commodity, ORM D” without marking or labeling the shrinked-wrapped fiberboard box.

Your company manufactures equipment such as portable hot tubs/spas. During the manufacturing process a water-treatment chemical kit is included to start the spa the first time it is used by a consumer. The chemical kit contains two (2) 200 g bromine cartridges described as “Oxidizing solid, n.o.s., 5.1, UN 1479, PG II”, and one (1) 10 oz. bottle of schock described as “Corrosive solid, acidic, inorganic, n.o.s. (Monopersulfate compound) 8, UN 3260, II.” You plan to package the above items, along with several non-hazardous chemicals, measuring cup and test strips in a fiberboard box and place the kit in the foot well of the spa. The entire spa is fitted into a spa bag and then placed in a heavy-duty fiberboard box and shrink-wrapped. The kit weighs approximately seven (7) pounds and the average boxed spa weighs 800 pounds. You offer your product for transportation to private and contract carriers to be transported to a dealer network.

In general terms, a consumer commodity is 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. This definition includes materials that are suitable for retail sale even if not specifically so intended and which may, in fact, be used in some other fashion. Certain hazardous materials that are packaged as limited quantities and also meet the definition of a consumer commodity may be reclassed as an ORM-D.

Limited quantities of oxidizers (Division 5.1) and corrosives (Class 8) in Packing Group II, in inner packagings not over 1.0 kg (2.2 pounds) net capacity each for solids packed in strong outer packagings, may be reclassed and renamed as a Consumer commodity, ORM-D. (See § 173.152(c) and 173.154(c)). The gross weight of the package may not
exceed 66 pounds. Packages containing ORM-D material must be marked in accordance with § 172.316.

In the scenario you describe, the fiberboard box containing the chemical kit must be marked on at least one side or end with the proper shipping name — “Consumer Commodity” — and with the ORM-D designation immediately following or b the proper shipping name. The box containing the spa and the chemical kit must be marked in the same manner.

I hope this information is helpful. If we can be of further assistance, please contact us.



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


Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table