Yellow Freight System, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department 400 Seventh Street, SW of Transportation Washington, D.C. 20590 Research and Special Programs Administration APR | 9 2000 Mr. Robert A. Maberry, Ill Ref. No. 00-0082 Chemical Transportation Administrator Yellow Freight System, Inc. Post Office Box 7270 Overland Park, Kansas 66207 Dear Mr. Maberry: This is in response to your letter dated March 21, 2000, requesting a clarification of the definition of "foodstuff" as used in § 177.841(e) of the Hazardous Materials Regulations (49 CFR; Parts 171-180). Specifically, you ask whether medicines and solutions that are injected into the bloodstream by hypodermic needles or are intravenously injected into the body of humans and animals should be included in the definition of foodstuff under § 177.841(e). You state that the medicines and solutions referenced above should be included in a revised definition of foodstuff by RSPA because "contamination of this type of product by a poison would have the same end result as a product consumed or ingested would have." RSPA defines foodstuff to mean food, feed, grain, oral medicines, or any edible material intended for consumption by humans or animals. If you believe that the definition of foodstuff in § 177.841(e) of the HMR should be amended to include medicines and solutions that are injected into the bloodstream of humans and animals, you may file a petition for a rule change to the Associate Administrator for Hazardous Materials Safety in accordance with § 106.31 of the HMR. I hope this answers your inquiry. Sincerely, Lumn Hill's Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 177.841 000082#

Page 2MAR 21 2820 11:20 FR YES ENUIRONMENTAL 913 344 3614 TO 912023663012 P.01/Ø1 TELAT YELLOW FREIGHT SYSTEM, INC. P.O. BOX 1270 / 66207 - 10990 ROE AVENUE / 66211 OVERLAND PARK. KANSAS (913) 345-3000 Boothe 3177.841 March 21, 2000 00-0082 US Department of Transportation Research and Administration Special Programs Mr. Edward Mazzullo I am sceking an interpretation and clarification of the definition of "foodstuff" as used in CFR 49 177.841(e) (I). As a conmon carrier we often transport medicines and solutions that are injocred in to the oodstream by hypodermic needles or are intravenously injected into the body of humans and animal hese do not meet the current D.O.T. definition of a foodstuff in that it is not "consumed nor ingested I find it only logical that the above be includd in a revised definition of a "foodstuff" by the D.O.T. Clearly contamination of this type of product by a poison would have the same end result as a product "consumed or ingested" would have. The purpose of my request is to be able to give a clear written D.O.T definition and understanding of the compatibility issue of "foodstuff and poison" to our employees. Your agention to this marter is greatly appreciated but a Maberry III, Chemical Transportation Administrator Robert A. Maberry II. / Yellow Freight System, Inc. OD-145GO (Fov. 3/93) Proud Partner Of The Clemical Manufacturing Associations Responsible Cane® Program regeled and reryclalile ** TOTAL PAGE.01 **#