Air Freight Center, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S.Department Research and of Transportation 400 Seventh Street, S.W Washington. D.C. 20590 Administration Special Programs APR - 4 2000 Mr. William Warder Ref. No. 00-0067 Air Freight Center, Inc. Kansas City International Airport P.O. Box 20104 Kansas City, MO 64195-0104 Dear Mr. Warder: This is in response to your letter dated February 29, 2000, and subsequent telephone conversation with a member of my staff regarding the applicability of a vinegar solution (acetic acid) to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your guestions are paraphrased and answered as follows: Q1. Does the U.S. Department of Transportation and the Food and Drug Administration have a memorandum of understanding on how to properly class vinegar/acetic acid? Al. The answer is no. Q2. Does the HMR regulate an acetic acid solution that contains vinegar at a concentration greater than 11 percent? A2. Any material, regardless of its intended purpose, that meets the definition of a hazardous material in S 171.8 is subject to the HMR. Under § 173.22 of the HMR, it is the shipper's responsibility to properly class a material. This office does not perform that function. 03. Can corrosivity test results for a food grade acetic aci solution le.g., 10 percent vinegar and 90 percent water a non-food grade acetic acid solution with the identical concentrations? 000067 173,22#

Page 2A3. The answer is yes. DOT does not make a distinction between a food grade and non-food grade acetic acid solution. we hope this satisfies your request. Sincerely, sent Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 303-28-00 14:49 From-AIR FREIGHT CENTER +8162435581 T-667 P.01/02 F-069 PHONE (B16) 243-5535 AIR FREIGHT KANSAS CITY INTERNATIONAL AIRPORT CENTER, INC. P.O. BOX 20104 KANSAS CITY, MO 64195 Mr. Edward T. Mazzullo, Director BAH Office of Hazardous Materials Standards Research and Special Programs Administration 8173.22 US Department of Transportation 400 Seventh Street, S.W. 00-0067 Washington, D.C. 20590 Tuesday, February 29, 2000 Dear Mr. Mazzullo, My client is contemplating a new venture, the distribution of vinegar and/or acetic acid. On one hand as class 8, UN2790, packing group III, a regulated substance. On the other hand while vinegar is not listed in the HMR; vinegar is defined as a food by the FDA which may contain a mass of acetic acid far greater than 11%. What's more, The FDA prohibit converging or applying the definition of vinegar with the definition of acetic acid (enclosure). Question(s): 1. Is there a Memorandum of Understanding (MOU) with FDA on vinegar/acetic acid? 2. Is vinegar containing eleven percent or more acetic acid regulated by the HAVIR? 3. Can acetic acid be included in skin tests conducted with vinegar if both are dilute 11% or greater acetic acid solutions, especially if or when §173.136(b) may apply? Classification of this product, acetic acid/vinegar, is new to my client and application of the HMR will depend on the DOT interpretation. Food manufacturers have a different opinion for vinegar and currently, may not be shipping vinegar as a HMR regulated substance. Should you require any other specific information on package size, intended end use or other necessary information about vinegar/acetic acid please do not hesitate to contact me, Bill Warder, at Air Freight Center, Inc., voice 816 243 5535; fax 816 243 5581. Your assistance in helping us properly identifi vinegar/acetic acid for transportation will be very much appreciated. Enclosure: (1) Edited excerpts, Food Drug and Cosmetic Act#

Page 402-28-00 14:49 From-AIR FREIGHT CENTER +B162435581 T-667 P.02/02 F-069 Federal Food, Drug, and Cosmetic Act Edited Excerpts Sec. 525.825 DEFINITIONS Vinegar different types or combinations of types of vinegars. HJ HEINZ - DISTILLED WHITE VINEGAR NSN: 895000N048492 MATERIAL SAFETY DATA SHEET Part No. Indicator: A Manufecturer's CAGE: 73137 Part Number/Trado Nama: DISTILLED WHITE VINEGAR) Sec. 562.100 Acetic Acid - Use in Foods... Acetic acid, if of suitable purity and used in accord with good manufacturing practices, is generally recognized as safe for use in foods. It should not, however, be used under conditions which result in consumer deception, such as may result trom substitution of dilute acetic acid for vinegar in "pickled" foods. "Acetic acid diluted - The product made by diluting acetic acid is not vinegar, and Food Inspection Decision 40, issued February 27, 192, included the following: when intended for food purposes must be free from harmful impurities and sold under its own name." Organoleptic triangulation findings using distilled vinegar and acetic acid samples showed that distilled vinegar is readily distinguishable from dilute acetic acid. These findings support our position that diluted acetic acid is not vinegar. (Emphasis added by author)#