Interpretation Response #15-0159 ([American Seafood's Group, LLC] [Mr. Ron Rogness])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: American Seafood's Group, LLC
Individual Name: Mr. Ron Rogness
Location State: WI Country: US
View the Interpretation Document
Response text:
October 15, 2015
Mr. Ron Rogness
Vice President, Corporate Relations
American Seafoods Group LLC
2025 First Ave., Suite 900
Seattle, WA 98121
Ref. No. 15-0159
Dear Mr. Rogness:
This is in response to your July 30, 2015 e-mail in which you requested written clarification of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) concerning transport provisions for fish meal. You state that your company produces dried fish meal with moisture content between 5% and 12% and that you currently treat your products with required levels of the antioxidant ethoxyquin. You further state that you are interested in using an alternate antioxidant, Tocopherol, in fish meal produced on your vessels in U.S. waters to be shipped entirely within the U.S. and not entering international commerce in 77 pound bags. You ask if the use of Tocopherol fulfils the antioxidant requirements for fish meal under U.S. law.
In your incoming request you do not mention if you intend to classify and offer the fish meal as UN 1374 "Fish meal, unstabilzed" or UN 2216 "Fish meal, stabilized". It is assumed for the purposes of this response that you are intending to offer the material as UN 2216 "Fish meal, stabilized". The HMR only prescribes requirements for a specific antioxidant (ethoxyquin) when shipping UN 2216 in bulk in freight containers in accordance with § 173.218(c). As the packages you intend to offer are non-bulk packages this requirement to use ethoxyquin does not apply. Inherently there has to be a means of stabilization in order to use the UN 2216 proper shipping description as it is a stabilized version of a Division 4.1 material. For domestic transportation the addition of any antioxidant, including Tocopherol, that ensures the product does not exhibit properties of a Division 4.1 material would be acceptable.
I trust this information is helpful. Please do not hesitate to contact us if you have any questions.
Sincerely,
Duane Pfund
International Standards Coordinator
Standards and Rulemaking Division
173.218(c)