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Interpretation Response #99-0201 ([FPPF Chemical Co., Inc.] [Ms. Michele A. Giusiana])

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

Interpretation Response Details

Response Publish Date:

Company Name: FPPF Chemical Co., Inc.

Individual Name: Ms. Michele A. Giusiana

Location State: NY Country: US

View the Interpretation Document

Response text:

AUG 4, 1999


Mr. J. Christopher Lory              Ref.  No. 99-0201
 FPPF Chemical Co., Inc.
 117 West Tupper Street
 Buffalo, NY 14201-2193

Dear Mr. Lory:

This is in response to your letter dated July 20, 1999, regarding reclassification of a material as a Consumer commodity under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically you ask if a material that is suitable for retail sale meets the definition for Consumer commodity even though it is not intended for retail sale.

The answer is yes.  The definition of a Consumer commodity in § 171.8 includes materials that are both 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.  This definition includes materials that are suitable for retail sale even if not specifically so intended and which may, in fact, be used in some other fashion.

I hope this satisfies your request.



John A. Gale
Transportation Regulations Specialist
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
171.8 Definitions and abbreviations