Interpretation Response #09-0276 ([JJ Keller] [Mr. Leonard Satkowski])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: JJ Keller
Individual Name: Mr. Leonard Satkowski
Location State: IL Country: US
View the Interpretation Document
Response text:
January 10, 2011
Mr. Leonard Satkowski
JJ Keller
7727 Parkside Ave.
Burbank, IL 60459
Ref. No. 09-0276
Dear Mr. Satkowski:
This is in response to your November 6, 2009 email regarding the exceptions for limited quantities of compressed gases specified in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if aerosol cans containing an oral cleanser may utilize the exception provided by § 173.306(b). This provision allows the material to be renamed "Consumer commodity" and reclassed and transported as ORM-D material without subjecting the container to the hot water bath test specified in § 173.306(a)(3).
According to your letter, the oral cleanser is packaged in a bag-on-valve inside an aerosol container with a non-flammable gas. The non-flammable gas is intended to force the cleanser from the bag.
In accordance with § 173.306(b)(1), foodstuffs or soaps may be transported in a non-refillable metal container with soluble or emulsified compressed gas. In order to meet this exception, the gas must be dissolved into a solution with the oral cleanser. The bag-on- valve configuration described in your letter does not appear to meet this requirement.
I trust this satisfies your inquiry. If we can be of further assistance, please contact us.
Sincerely,
Ben Supko
Acting Chief, Standards Development Branch
Standards and Rulemaking Division
173.306
Regulation Sections
| Section | Subject |
|---|---|
| 173.306 | Limited quantities of compressed gases |