Fuji Foods, Inc. — Hazardous Materials Safety Interpretation

Page 1• U.S. Department of Transportation 400 Seventh St., S.W. Research and Washington, D.C. 20590 Special Programs AUG 2 4 2001 Administration • Ms. Kimberly Roberson HR/Safety Administrator Reference No.: 01-0143 Fuji Foods, Inc. • B206 Corporate Pack 27214 Dear Ms. Roberson: This is in response to your request concerning how a food manufacturer should test their sample products and creations to prove that they do not have hazardous properties according to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The HIMR do not require testing of food products to prove that they do not contain a hazardous material. The HMR govern the transportation of hazardous materials in commerce. Under § 173.22 of the HMR, it is the shipper's responsibility to properly classify a hazardous material in accordance with the hazard class definitions in Part 173 or determine that the material is not subject to these regulations. This determination must be based on the product in the form in which it will be offered for transportation. With the exception of Class 1 materials, such determinations are not required to be verified by this office. Generally, manufacturers have the information needed to properly classify the materials and products they produce. In some cases, it may be necessary to have the material tested. I trust this satisfies your request. Sincerely, Halle z. Milhel Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2F= TM Corbin Fuji Foods USA ™ CREATIVE FLAVORS AND SEASONINGS ™ $ 173.22 Shipper's Responsibility May 31, 2001 01-0143 Edward T. Mazullo Director of the Office of Hazmat Standards USDOT-RISPA (DHM-10) 400 7" Street S.W. Washington D.C. 20590-0001 Dear Mr. Mazullo: I spoke with a representative from the answer line at the Department of Transportation during the month of May. I called in with a question on how should a food manufacturer test their sample products and creations to prove that they have no hazardous properties according to the DOT guidelines. The representative replied that we as a food manufacturer did not have to do any specific tests to prove to DOT that the products are non-hazardous and do not fall under any of the nine DOT hazard classes. He did recommend that our chemists use the MSDS sheets and their chemical knowledge of the ingredients to determine if the product would fall under any of the hazard classes. I am requesting to receive this statement in writing from the DOT. I would like a statement for our files that states that it is the responsibility of the manufacturer to determine if a product is hazardous and that the manufacturer does not have to prove that the product is non-hazardous to DOT. If you have any questions concerning this request please notify Kimberly Roberson at Fuji Foods, Inc. at 336-375-3111 ext. 12. Thanks for your time and efforts. Sincere Thanks, Kimbedy tabesen .. - Kimberly Roberson HR/Safety Administrator Fuji Foods, Inc. Fuji Foods Inc. • 6206 Corporate Park Drive • Browns Summit, NC 27214 • USA tel: 336.375.3111 fax: 336.375.3663 • email: info@fujifoodsusa.com#

Page 3Fuji Foods USA™ CREATIVE FLAYORS AND SEASONINGS™ PD I 25: 512 Edward T. Mazullo Director of the Office of Hazmat Standards USDOT-RISPA (DHM-10) 400 7th Street S.W. Washington D.C. 20590-0001 .. Full-toods incon 6200 corporate ParkiPrive n. Brownsitumpit#