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Interpretation Response #99-0079 ([Lewis Marine Supply] [Mr. Keith L. Mauer])

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

Interpretation Response Details

Response Publish Date:

Company Name: Lewis Marine Supply

Individual Name: Mr. Keith L. Mauer

Location State: FL Country: US

View the Interpretation Document

Response text:

June 28,1999


Mr. Keith L. Mauer                              Ref. No. 99-0079
Warehouse Manager
Lewis Marine Supply
Byfield Division
P 0 Box 7127
Pensacola, FL 32514-0217

Dear Mr. Mauer:

This is in response to your letters dated March 22, 1999 concerning the renaming and reclassification of certain hazardous materials as a consumer commodity, class ORM-D.

A consumer commodity is defined as a material that is packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities for consumption by individuals for purposes of personal care or household use. Therefore, if the packaging exceptions for a hazardous material specifically includes a reference to 173.156 of the Hazardous Materials Regulation (HMR; 49 CFR Parts 171-180), and the material is packaged in accordance with the limited quantity provisions specified for its hazard class, the material may be renamed "Consumer commodity" and reclassed as ORM-D material, provided it is intended or suitable, (emphasis added) for sale through a retail sales agency or instrumentality for consumption by individuals for purposes of personal care or household use.

Even though a material may not be intended for consumption by individuals for purpose of personal care or household use, as indicated by an advisory notice on the product label prepared by the manufacturer, that determination is not binding on subsequent distributors of the material.  For example, some materials that are normally used in industrial applications are frequently found in home workshops of persons who restore automobiles, furniture and the like.  Thus, on the basis of information concerning its customers needs and uses, a reshipper of such hazardous material may independently determine whether a product may be appropriately renamed and reclassed as a consumer commodity, class ORM-D.

I trust this satisfies your inquiry. If you need further assistance, please feel free to contact us.



Thomas G. Allan
Acting Director, Office of Hazardous
Materials Standards


Regulation Sections

Section Subject
171.8 Definitions and abbreviations