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Interpretation Response #99-0067 ([Arnold & Porter] [Mr. Lawrence E. Culleen])

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

Interpretation Response Details

Response Publish Date:

Company Name: Arnold & Porter

Individual Name: Mr. Lawrence E. Culleen

Location State: DC Country: US

View the Interpretation Document

Response text:

May 28,1999


Mr. Lawrence E. Culleen                              Reference No. 99-0067
Counsel to Cottrell, Ltd.
Arnold & Porter
555 Twelfth Street, N. W.
Washington, DC 20004-1206

Dear Mr. Culleen:

This is in response to your letter dated March 9, 1999, inquiring whether your client’s product, "VapoCide", which is a Class 3, Packing Group II material, qualifies for shipment as a Consumer commodity,
ORM-D, under the Hazardous Material Regulation (49 CFR Parts 171-180). 
You stated that the product is composed of alcohols(92%), formaldehyde (.23%), and other non-hazardous materials (7.7%). It is packaged in conformance with the limited quantity provision in 173.150(b)(2). The product is primarily used by medical and dental professionals to sterilize health care instruments and is not directly distributed for retail sale to personal or household consumers.

The definition of a consumer commodity in §171.8 includes a material that is packaged and distributed in a form suitable for retail sale for consumption by individuals for purposes of personal use or household use even if not specifically so intended.  We agree that the product is suitable for household or individual use and, therefore, qualifies for shipment as “Consumer Commodity, ORM-D."

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.



Hattie L. Mitchell,.
Regulatory Review and Reinvention
Office of Hazardous Material Standards


Regulation Sections

Section Subject
171.8 Definitions and abbreviations