Interpretation Response #99-0108 ([PATTON BOGGS LLP] [Ms. Carolina L. Mederos])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: PATTON BOGGS LLP
Individual Name: Ms. Carolina L. Mederos
Location State: DC Country: US
View the Interpretation Document
Response text:
May 11, 1999
Ms. Carolina L. Mederos and Reference No. 99-0108
Mr. Duane A. Siler
PATTON BOGGS LLP
Attorneys at Law
2550 M Street, NW
Washington, DC 20037-1350
Dear Ms. Mederos and Mr. Siler:
This is in response to your letter of April 26, 1999, requesting confirmation of your understanding of the definition for "consumer commodity” under the Hazardous Materials Regulations(HMR;49 CFR Parts 171-180) as it applies to your client's product “Vapo-Steril”.
You describe “Vapo-Steril" as an alcohol based sterilant, consisting of 72.36% ethanol and 0.23% formaldehyde, with the balance being inert ingredients. It is classified as a Class 3 (flammable liquid) in Packing Group III and is used in a vaporizing sterilizer to sterilize instruments and other apparatus, mainly for dental and medical purposes. Vapo-Steril is packaged in one liter containers, are placed in an outer packaging or box. The total weight of the entire package is approximately 35 pounds. You indicate it is similar to household sterilizing solutions whose active ingredient is alcohol and which are sold to consumers at retail.
As you are aware, the definition of a consumer commodity in 17l.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 Vapo-Steril, in the described formulation and quantity limits, is suitable for household use and therefore qualifies for shipment as a "Consumer commodity, ORM-D.”
I hope this information is helpful. If we can be of further assistance, please contact us.
Sincerely,
Edward T. Mazzullo
Director, Office of Hazardous Materials Standards
171.1