{"operation":"document","citation":"01-0143","title":"Fuji Foods, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-08-24","effective_on":null,"summary":"01-0143 response to Fuji Foods, Inc. concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0143.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0143.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0143","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010143.pdf","body":"<<<PAGE 1>>>\n\n•\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\nSpecial Programs\nAUG 2 4 2001\nAdministration\n•\nMs. Kimberly Roberson\nHR/Safety Administrator\nReference No.: 01-0143\nFuji Foods, Inc.\n•\nB206 Corporate Pack 27214\nDear Ms. Roberson:\nThis is in response to your request concerning how a food manufacturer should test their\nsample products and creations to prove that they do not have hazardous properties according\nto the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nThe HIMR do not require testing of food products to prove that they do not contain a\nhazardous material. The HMR govern the transportation of hazardous materials in commerce.\nUnder § 173.22 of the HMR, it is the shipper's responsibility to properly classify a hazardous\nmaterial in accordance with the hazard class definitions in Part 173 or determine that the\nmaterial is not subject to these regulations. This determination must be based on the product\nin the form in which it will be offered for transportation. With the exception of Class 1\nmaterials, such determinations are not required to be verified by this office. Generally,\nmanufacturers have the information needed to properly classify the materials and products\nthey produce. In some cases, it may be necessary to have the material tested.\nI trust this satisfies your request.\nSincerely,\nHalle z. Milhel\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nF=\nTM\nCorbin\nFuji Foods USA ™\nCREATIVE FLAVORS AND SEASONINGS ™\n$ 173.22\nShipper's Responsibility\nMay 31, 2001\n01-0143\nEdward T. Mazullo\nDirector of the Office of Hazmat Standards\nUSDOT-RISPA (DHM-10)\n400 7\" Street S.W.\nWashington D.C. 20590-0001\nDear Mr. Mazullo:\nI spoke with a representative from the answer line at the Department of Transportation\nduring the month of May. I called in with a question on how should a food manufacturer\ntest their sample products and creations to prove that they have no hazardous properties\naccording to the DOT guidelines. The representative replied that we as a food\nmanufacturer did not have to do any specific tests to prove to DOT that the products are\nnon-hazardous and do not fall under any of the nine DOT hazard classes. He did\nrecommend that our chemists use the MSDS sheets and their chemical knowledge of the\ningredients to determine if the product would fall under any of the hazard classes.\nI am requesting to receive this statement in writing from the DOT. I would like a\nstatement for our files that states that it is the responsibility of the manufacturer to\ndetermine if a product is hazardous and that the manufacturer does not have to prove that\nthe product is non-hazardous to DOT.\nIf you have any questions concerning this request please notify Kimberly Roberson at\nFuji Foods, Inc. at 336-375-3111 ext. 12. Thanks for your time and efforts.\nSincere Thanks,\nKimbedy tabesen\n.. -\nKimberly Roberson\nHR/Safety Administrator\nFuji Foods, Inc.\nFuji Foods Inc. • 6206 Corporate Park Drive • Browns Summit, NC 27214 • USA\ntel: 336.375.3111\nfax: 336.375.3663\n• email: info@fujifoodsusa.com\n\n<<<PAGE 3>>>\n\nFuji Foods USA™\nCREATIVE FLAYORS AND SEASONINGS™\nPD I\n25:\n512\nEdward T. Mazullo\nDirector of the Office of Hazmat Standards\nUSDOT-RISPA (DHM-10)\n400 7th Street S.W.\nWashington D.C. 20590-0001\n..\nFull-toods incon 6200 corporate ParkiPrive n. Brownsitumpit","truncated":false,"body_characters":3427}