Interpretation Response #99-0264 ([Riviana Foods Inc.] [Mr. Lejo C. Brana, CPP])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Riviana Foods Inc.
Individual Name: Mr. Lejo C. Brana, CPP
Location State: TX Country: US
View the Interpretation Document
Response text:
October 29, 1999
Mr. Lejo C. Brana, CPP Ref No. 99-0264
Riviana Foods Inc.
1702 Taylor Street
Houston, TX 77007
Dear Mr. Brana:
This is in response to your letter dated September 20, 1999, requesting an approval of an alternate drop test procedure for steel drums and a clarification of these requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).
During a recent inspection, Riviana Foods, Inc.’s Packaging Testing Center (Riviana), a third party testing agency, was cited with a probable violation of the drop test procedures specified in § § 178.601 (f) and 178.603(a). The probable violation was issued because of failure to perform drop tests using the minimum number of samples and failure to perform drop tests on the weakest part of the drum not tested by the first drop. Specifically, Riviana performed the second drop test on three different parts of a drum, using only one drum for each of the three separate drops.
The provisions of § 178.603(a) require that two separate drop tests be performed. The first drop test, using three samples, must strike the target diagonally on the chime or, if the packaging has no chime, on a circumferential seam or edge. The second drop test, also using three samples, must strike the weakest part of the drum not tested by the first drop.
The second drop test procedure used by Riviana, i.e., performing the second drop test on three separate parts of the drum using one sample each, does not comply with the requirements in § 178.603(a). Additionally, this procedure is not equivalent to that prescribed by the regulations and, therefore, is not eligible for approval as an equivalent packaging under 49 CFR 178.601(h).
I hope this satisfies your inquiry. If we can be of further assistance please contact us.
Sincerely,
Edward T. Mazzullo
Director, Office of Hazardous
Materials Standards
178.603