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Interpretation Response #13-0226 ([Air Techniques, Inc.] [Mr. Michael Toole])

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

Interpretation Response Details

Response Publish Date:

Company Name: Air Techniques, Inc.

Individual Name: Mr. Michael Toole

Location State: NY Country: US

View the Interpretation Document

Response text:

January 28, 2014

Mr. Michael Toole
National Sales Manager
Air Techniques, Inc.
1295 Walt Whitman Road
Melville, NY  11747

Ref. No.: 13-0226

Dear Mr. Toole:

This is in response to your email dated November 18, 2013, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) relating to the hazard classification of a “surface disinfectant and deodorizing spray.”  You provide a material safety data sheet (MSDS) for the product in question and ask if the manufactures classification as perfumery products, UN 1266, PG II is correct based on the MSDS.

In accordance with § 173.22, it is the shipper's responsibility to properly classify a hazardous material.  This Office does not generally perform that function.  Please see interpretation 13-0135 issued by this Office which states; “there is no definition for ‘perfumery products’ in the HMR.  However, perfume is typically defined as a fluid preparation used for scenting, composed of natural essences or synthetics and a fixative.”  Interpretation 13-0135 further indicates that the classification as perfumery products is dependent on the primary function of the product.  It appears the function of the product in question is not as a perfume, but rather, a product intended to be used as a disinfectant or cleaner, and as such the description “UN1266, Perfumery products” is not appropriate.

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

Sincerely,

Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division

173.22

Regulation Sections

Section Subject
173.22 Shipper's responsibility