# New York State Department of Environmental Conservation — Hazardous Materials Safety Interpretation

**Citation:** 12-0243  
**Type / status:** guidance / guidance  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** Not stated  
**Published:** 2013-03-08

12-0243 response to New York State Department of Environmental Conservation concerning 173.134.

## Document text

<<<PAGE 1>>>

U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Avenue, SE
Washington, D.C. 20590
MAR 0 8 2013
Alan G. Woodard, Ph.D.
Bureau of Permitting and Planning
Division of Materials Management
New York State Department ofEnvironmental Conservation
625 Broadway
Albany, NY 12233-7258
Reference No. 12-0243
Dear Mr. Woodard:
This is in response to your October 26, 2012 e-mail, and October 4 and 26, 2012 telephone
conversations with a member of my staff requesting clarification of the Hazardous Materials
Regulations (HMR; 49 CPR Parts 171-180) applicable to the transportation of waste
"agricultural clearance material" (e.g., food, table and galley refuse, packaging, passenger
waste, etc.), as this term is defined and regulated by the U.S. Department of Agriculture's
Animal Plant Health Inspection Service (APHIS).
In your letter, you state these wastes typically are not contaminated with an infectious
substance but some have been found to contain botulism, bacillus anthracis, and foreign
biological agents. You also state APHIS requires these materials to be removed from any
means of conveyance during interstate or international transportation and destroyed in the
same manner as "UN 3271, Regulated medical waste, n.o.s., 6.2 (infectious), PG II"
(RMW), to minimize introducing plant pests and animal diseases in the United States. You
asked in your telephone conversation if agricultural clearance material may be excepted
from regulation as a Division 6.2 material in conformance with§ 173.134(b)(l6), when it is
described as "agricultural products" and/or "food," and offered, transported, and treated for
disposal in the same manner as RMW.
The answer is yes provided the agricultural clearance materials 1) are "agricultural
products" or "food" as these terms are generally defined by the Food and Drug
Administration under the Federal Food, Drug, and Cosmetics Act (FFDCA; 21 U.S.C. 301
et. seq.), or 2) comply with an exception PHMSA added in 2011 under 49 CPR
173.134(c)(2). Section 173.134(b)(16) states material known or suspected ofbeing
contaminated with a Division 6.2 material that also meets the definitions in 21 U.S.C. § 332
et. seq. of the FFDCA for either "agricultural products" or "food" is excepted from
regulation under the HMR. By excepting agricultural products and food contaminated with
Division 6.2 material from regulation under the HMR, this Office intended to avoid
unnecessary duplication of existing Department ofHealth and Human Services' Food and
Drug Administration (FDA) regulations for managing and transporting these materials (see
Docket No. PHMSA-2004-16895 (HM-226A); 70 FR 29170 and 71 FR 32244). The

<<<PAGE 2>>>

Pipeline and Hazardous Materials Safety Administration (PHMSA) recently learned that the
Federal Food, Drug, and Cosmetics Act (FFDCA; 21 U.S.C. 301 et. seq.) does not define
"agricultural products" or "food" in 21 U.S.C. 332; therefore, the reference in
§ 173 .134(b )(16) to these FFDCA terms is in error (this section refers to injunction
proceedings only). PHMSA will make necessary corrections in a future rulemaking.
The exception prescribed in § 173 .134( c )(2) permits the following materials to be offered
for transportation and transported as RMW when packaged in a rigid non-bulk packaging
conforming to the general packaging requirements of§§ 173.24 and 173.24a and packaging
requirements specified in 29 CFR 1910.1030, and transported by a private or contract carrier
in a vehicle used exclusively to transport RMW:
1) waste stock or culture of a Category B infectious substance;
2) plant and animal waste regulated by the APHIS;
3) waste pharmaceutical materials;
4) laboratory and recyclable wastes;
5) infectious substances that have been treated to eliminate or neutralize pathogens;
6) forensic materials being transported for final destruction;
7) rejected or recalled health care products;
8) documents intended for destruction in accordance with the Health Insurance
Portability and Accountability Act of 1996 (HIP AA) requirements; and
9) medical or clinical equipment and laboratory products provided they are properly
packaged and secured against exposure or contamination (see Docket No.
PHMSA-2009-0151 (HM-218F), July 20,2011 (76 FR 43530)).
If APHIS considers "agricultural clearance material" to be included in its definitions for
plant and animal waste, the shippers transporting this material may wish to use the
§ 173 .134( c )(2) exception. This exception also requires sharps containers to be securely
closed to prevent leaks or punctures. In addition, § 172.202( e) permits a non-hazardous
material to be described on a shipping paper with a proper shipping name from the
Hazardous Materials Table(§ 172.101 Table) provided the hazard class number and
identification number are not included. If none of these exceptions are satisfactory, the
· HMR prescribes that only materials known or suspected of being contaminated with a
Category B, Division 6.2 material may be described and transported in commerce as
"Regulated medical waste" (see § 171.2(k)).
I hope this satisfies your request.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
2

<<<PAGE 3>>>

Drakeford, Carolyn (PHMSA)
From:
Sent:
To:
Cc:
Subject:
Edmonson, Eileen (PHMSA)
Friday, October26, 20121:05 PM
Drakeford, Carolyn (PHMSA)
Foster, Glenn (PHMSA)
FW: Agricultural Clearance Material/Regulated Garbage
I /lLl.n 12-()G?<-f\.J
Hi Carolyn,
Can you please log this letter in the system.
Thanks,
Eileen Edmonson
USDOT/PHMSA
(202) 366-4481 (w)
(202) 366-7041 (f)
eileen.edmonson@dot.gov (e-mail)
http://www. phmsa.dot.gov/hazmat (website)
infocntr@dot.gov (Hazmat Info Center E-mail)
From: Alan Woodard [mailto:agwoodar@gw.dec.state.ny.us]
Sent: Friday, October 26, 2012 1:02PM
To: Edmonson, Eileen (PHMSA)
Subject: Re: Agricultural Clearance Material/Regulated Garbage
Hello Eileen:
Still working on the pharmaceutical waste issue which eventually we will discuss with you. Another nuance has
surfaced. APHIS requires "Agricultural Clearance Material" removed from any means of conveyance during international
or interstate movements that is comprised of food, table refuse, galley refuse, packaging, passenger waste, etc., to be
placed in specific packaging, labeled as regulated garbage, and transported and treated before disposal as though it is a
medical waste. Although there have been incidents of garbage containing food contaminated with botulism or foreign
biological agents, animal skins contaminated with B. anthracis, etc., typically the material is not contaminated. APHIS
requires that it be removed in this manner to prevent the introduction and spread of exotic plant pests and
diseases. Regulated medical waste (RMW) handlers/transporters collect this material for processing. Stericycle obtains
quantities of the material in New York State and ships it with RMW to their commercial autoclaves for treatment and
eventual disposal. My understanding is it is being shipped in this manner in other locations throughout the U.S. USDOT
regulations except agricultural products and food contaminated with infectious substances but does not address APHIS
regulated garbage specifically. Does this exception apply to regulated garbage? We believe that since this type of
garbage being transported for treatment as though it were potentially infectious or capable of causing public health or
environmental harm, it should be packaged and labeled as RMW. Does PHMSA agree? If not, what is your opinion on
how it should be regulated/excepted under the HMR? Thanks
Alan
Alan G. Woodard, Ph.D.
New York State Department of Environmental Conservation
Division of Materials Management
Bureau of Permitting & Planning
625 Broadway
Albany, New York 12233-7258
1

<<<PAGE 4>>>

Office: (518) 402-8706
Fax: (518) 402-8681
E-Mail :agwoodar@gw .dec.state.ny. us
2

## Provenance

- Official: Yes
- Source: <https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2012/120243.pdf>
- Source ID: `phmsa`
- SHA-256: `fa831be89ef9eeba91c885ca1d092ce0d39c78956150117e39cc9252ed22fa7b`
- Retrieved: 2026-08-20T00:59:31.977Z
- Exported: 2026-08-22T21:39:21.646Z
- Document slug: `phmsa-interpretation-12-0243`

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