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Interpretation Response #06-0273 ([Piedmont Plastics, Inc.] [Mr. Dale Austin])

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

Interpretation Response Details

Response Publish Date:

Company Name: Piedmont Plastics, Inc.

Individual Name: Mr. Dale Austin

Location State: NC Country: US

View the Interpretation Document

Response text:

Jan 9, 2007


Mr. Dale Austin                Reference No. 06-0273
Quality Manager
Piedmont Plastics, Inc.
5010 West W.T. Harris Boulevard
Charlotte, NC 20221-6006

Dear Mr. Austin:

This is in response to your December 1, 2006 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to over the counter sales. Specifically, you ask if limited quantities of hazardous materials that are reclassed as “consumer commodity, (ORM-D)” are subject to the HMR when sold over the counter to customers at a retail sales establishment.

As specified in § 171.1, the HMR govern the transportation of hazardous materials in intrastate, interstate and foreign commerce. The term “in commerce” means in furtherance of a commercial enterprise. Accordingly, hazardous materials that are sold to customers for personal, non-commercial use and transported by such persons in their personal vehicles are not subject; to the HMR. Hazardous materials purchased by a customer to support a commercial enterprise are subject to the HMR.

In addition, in accordance with the materials of trade exceptions, you ask whether ‘your original manufacturer’s containers offered for sale via customer pick-up are required to be labeled. The answer is no. In accordance with § 173.6(c)(1) a non-bulk packaging other than a cylinder (including a receptacle transported without an outer packaging) must be marked with a common name or proper shipping name to identify the material it contains, including the letters “RQ” if it contains a reportable quantity of a hazardous substance.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincere y,

Chares E. Betts
Senior Transportation Specialist
Office of Hazardous Materials Standards

171.1, 173.6(c)(1)

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions
173.6 Materials of trade exceptions