Agmark Foods, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department 400 Seventh Street, S.W. of Transportation Washington, D.C. 20590 Special Programs Research and Administration NOV 7 2000 : Mr. Richard L. Hagemeyer Ref. No. 00-0297 Vice President Agmark Foods, Inc. 150 Fourth Avenue North Suite 1030 Nashville, TN 37219-2417 Dear Mr. Hagemeyer: This is in response to your letter dated October 20, 2000, regarding the shipping name for a shipment of tequila. Specifically, you ask if a shipment of tequila may be transported under the shipping name of "Ethyl alcohol solution, UN1170" in lieu of the shipping name "Alcoholic beverages, UN 3065." Section 172.101(c)(10)(i)(F) states that a mixture or solution not identified specifically by name, comprised of a hazardous material identified in the Hazardous Materials Table (§ 172.101; HMT) by technical name and a non-hazardous material, shall be described using the proper shipping name of the hazardous material and the qualifying word "mixtures" or "solutions" as appropriate, unless the material can be appropriately described by a shipping name that describes its intended application. It is the intent of this section to allow a material that is a mixture of a hazardous material that is identified by name in the HMT and a non-hazardous material, to be identified by a shipping name that describes its intended application or by the proper shipping name of the hazardous material and the appropriate qualifying word. It is not the intent of § 172.101(c)(10)(i)(F) to require such a material to be described under the materials application name. Therefore, an alcoholic beverage that is a solution of ethyl alcohol and non-hazardous materials may be described under the shipping name of "Ethyl alcohol solution, UN1170" or "Alcoholic beverages, UN 3065." I hope this satisfies your request. Sincerely, Thomas G. Allan Senior Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 210/20/00 16:32 5615 313 6592 AGMARK Ø001/001 Gale 8172.101 Agmark Foods, Inc" Proper Shipping Name 00-0297 October 20, 2000 Ms. Dianne LaValle Hazardous Materials Information Center Washington, DC US Department of Transportation VIA FACSIMILE 202-366-3012 Dear Ms. LaValle: he bottling plant in California. The current shipping name for this product is Alcoholic Beverages er our conversation we ship tequila in bulk in ISO tank containers from the origin in Mexico t UN 3065. However, because these tanks are shipped by rail in both Mexico and the U.S., we would like to use the less consumer-oriented name of Ethyl Alcohol Solution, UN 1170. We believe such change will lessen the likelihood for tampering by vandals or thieves and will enhance the safety of such transport. Please respond in writing as to your conclusion. If you have questions, please call me at 615- 313-6585. Thank you. Sincerely, Rikal 7. Hugenagen Vice President Richard L. Hagemeyer 1o out Ne Math it 10 Matie, 3723247. 6131385 - (65313652#