California Highway Patrol — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department OCT : 1: 2003 400 Seventh St., S.W. Washington, D.C, 20590 Research and special Programs Administration Officer George Barber Ref. No.: 03-0195 California Highway Patrol P.O. Box 1471 Oroville, CA 95965 Dear Officer Barber: This responds to your letter regarding requirements for poisons and foodstuffs transported in the same motor vehicle under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). While performing an inspection on a vehicle transporting a variety of hazardous materials classed as Division 6.1 (poison), PG I, Poison Inhalation Hazard, Hazard Zone B; Class 3 (flammable liquid); Class 8 (corrosive) liquid; Division 4.1 (flammable solid); Division 4.3 (dangerous when wet); and Division 5.1 (oxidizer), you encountered food grade items, that is, sucrose, yeast extract, and water, on the same transport vehicle. The chemicals and food grade items were marked as "not intended for consumption". Fischer Scientific ships these items as laboratory supplies to various customers. You ask whether the segregation requirements in §177.841(e) of the HMR apply to such items. Since these products were marked "not intended for consumption", they are not considered to be "foodstuffs, feed or other edible materials" intended for consumption by humans or animals, as addressed in §177.841(e), and are not subject to the restrictions prescribed in that section. Components of food products are subject to regulation in the same manner. If the components are marked "not intended for consumption", they are not subject to the restrictions in §177.841(e). Therefore, when Fischer Scientific manufactures and marks such items not intended for consumption, they are not subject to the prohibitions prescribed in §177.841(e) for poisonous materials in the same motor vehicle with foodstuffs. I trust this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, Celia Director, Office of Hazardous Materials Standards 177.841 (e) 030195#

Page 2AUG-05-2003 10:47 CHP 530 533 2703 P.02 • State of Callfornia-Business, Transportation and Housing Agency GRAY DAVIS, Governor DEPARTMENT OF CALIFORNIA HIGHWAY PATROL Callfornía Highway Patrol, Valley Division (916) 464-2556 EXT 13 Rancho Cordova, CA kngrum (800) 735-2922 (Voice) (600) 735-2929 (TT/TDD) § 177.841 (e) April 25, 2003 Foodstuffs File No.: 010665 03-0145 To: U.S. Department of Transportation Research and Spocial Programs Administration 400 Seventh Street S. W. Washington, DC 20590 From: Officer George Barber 10665 Please provide a letter of interpretation on the following issue relating to poisons and food transported in the same vehicle. items were shipped by Fischer Scientific and were marked as "not intended for consumption". the industry. Fischer Scientifio distributes these items as laboratory supplies to various customers through out My questions are as follows: (1) Since Fischer Scientific distributes these items to customers througaout the world and has no influence on the "intended" use of the items by the end user, are the segregation rules relating to foods and poisons applicable to the transportation of food grade items and poisons in Section 177.841(e) during shipments of these items from one Fischer Scientific location (warehouse) to another Fischer Scientific location (distribution center). (2) The text of Section 177.841 states "foodstufs, feed or edible material intended for consumption by humans or animals " does the definition include edible compounds, additives or components that could be included in edible materials, such as yeast extract, sucrose, and water, even if the component was manufactured and marked "not intended for consumption"? YOUT Flexi POWER#

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