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Interpretation Response #99-0240 ([Dangerous Goods of America, Inc.] [Mr. Valois Pagan III])

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

Interpretation Response Details

Response Publish Date:

Company Name: Dangerous Goods of America, Inc.

Individual Name: Mr. Valois Pagan III

Location State: FL Country: US

View the Interpretation Document

Response text:

APR 20, 2000


Mr. Valois Pagan III              Reference    No.    99-0240
Dangerous Goods of America, Inc.
P.O. Box 590888
Miami, FL 33159-0888

Dear Mr. Pagan:

This is in response to your letter concerning what types of laboratory animals are acceptable for determining the oral and dermal toxicity and packing group for a Division 6.1  material under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). 1 have paraphrased your questions and answered them in the order provided.

QI.       Section 173.132 states that the toxicity test is to be performed on "albino rats." If a material safety data sheet ^(MSDS) for a product shows that the tests were performed on rats, mice, or rabbits, may this information be used to determine the Packing Group?

Al.  Typically, when a toxicity test is performed requiring the use of albino rats, a laboratory performs the test on albino rats but states for convenience that the test was performed on "rats" in its literature for public distribution describing the resulting classification.  A description of the types of rats used can usually be found in the laboratory's hazard classification test report on the material.  If the report does not contain this information, you should consult the laboratory staff to obtain additional information.

We do not accept toxicity tests performed on mice.  A material that meets one or more of the LD50 or LC5. criteria for oral, dermal, or inhalation toxicity as a result of testing in accordance with § 173.132 meets the definition of a poisonous material (Division 6.1). As stated in § 173.132(b), albino rabbits are to be used to test for dermal toxicity and albino rats are to be used for oral or inhalation toxicity.  Animal test data that has been reported in chemical literature should be used whenever possible.  Under § 173.133, the shipper assigns the material a Packing Group based on these results.

Q2.      An MSDS for a product shows that the toxicity tests were performed on rats, but not specifically "albino rats," and rabbits.  If the rat specimen test results show the product is not regulated but the rabbit specimen test results show the product is a Division 6. 1, Packing Group III material, is this product regulated under the HMR?  Why?

A2.     See our response in AI.

I hope this satisfies your request.


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


Regulation Sections

Section Subject
173.132 Class 6, Division 6.1-Definitions