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Interpretation Response #99-0304 ([Keller & Heckman] [Ms. K. Jain Hershberg])

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

Interpretation Response Details

Response Publish Date:

Company Name: Keller & Heckman

Individual Name: Ms. K. Jain Hershberg

Location State: DC Country: US

View the Interpretation Document

Response text:

December 16, 1999


Ms. K. Jain Hershberg                      Ref. No. 99-0304
Keller & Heckman
1001 G Street, N.W.
Washington, DC 20001

Dear Ms. Hershberg:

This is in response to your letter of October 22, 1999, requesting clarification of the definition for "consumer commodity" as provided by § 171.8 of 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.  In general terms, a consumer commodity is a material that is packaged and distributed in a form intended -or suitable for retail sale and personal 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.  The fact that the aerosol can may display restrictive marketing information is not a factor in this determination.  This exception may be used by distributors as well as manufacturers.

I hope this information is helpful.



Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
171.8 Definitions and abbreviations