Interpretation Response #20-0011
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: UL Materials & Supply Chain
Individual Name: Kevin Skerrett
Location State: NY Country: US
View the Interpretation Document
Response text:
April 30, 2020
Kevin Skerrett
Senior Regulatory Specialist
UL Materials & Supply Chain
23 British American Blvd.
Latham, NY 12110
Reference No. 20-0011
Dear Mr. Skerrett:
This letter is in response to your February 5, 2020 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of perfumery products. Specifically, you seek clarification on whether a material may be described as "UN1266, Perfumery products" when there is no perfume present. You state that you have seen a trend of cosmetics suppliers describing flammable materials as "UN1266, Perfumery products," regardless of whether they are a perfume. You state that these suppliers have assigned this description to materials such as nail polish, lip stick, and hair colorant.
We have paraphrased and answered your questions as follows:
Q1. You ask whether the responses in Letters of Interpretation (LOI) Reference Nos. 13-0135 and 13-0226 have any impact on these suppliers' classification of all flammable materials as "UN1266, Perfumery products."
A1. The answer is yes. As stated in both LOI 13-0135 and 13-0226, description of materials as perfumery products is dependent on the primary function of the product. While there is no definition for "perfumery products" in the HMR, perfume is typically defined as a f1uid preparation used for scenting, composed of natural essences or synthetics and a fixative. It appears the function of the products your supplier is describing as UN1266 are not as a perfume, and as such, the description "UN1266, Perfumery products" is not appropriate.
Q2. You ask whether the answer to Q1 would be the same in accordance with the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions).
A2. It is the opinion of this Office that the ICAO Technical Instructions list an entry in the Dangerous Goods List in Part 3, Chapter 2 for cosmetics that contain flammable liquids. While this entry is not available as a proper shipping name, it instructs the shipper to "see Flammable liquid, n.o.s. or Perfumery products." Just as in A1, the description of materials as perfumery products is dependent on the primary function of the product. If the primary function of the product is not as a perfume, one should choose "Flammable liquid, n.o.s." for cosmetics containing flammable liquids.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division