{"operation":"document","citation":"03-0195","title":"California Highway Patrol — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-10-01","effective_on":null,"summary":"03-0195 response to California Highway Patrol concerning 177.841.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0195.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0195.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0195","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030195.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nOCT : 1: 2003\n400 Seventh St., S.W.\nWashington, D.C, 20590\nResearch and\nspecial Programs\nAdministration\nOfficer George Barber\nRef. No.: 03-0195\nCalifornia Highway Patrol\nP.O. Box 1471\nOroville, CA 95965\nDear Officer Barber:\nThis responds to your letter regarding requirements for poisons and foodstuffs transported in the same\nmotor vehicle under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nWhile performing an inspection on a vehicle transporting a variety of hazardous materials classed as\nDivision 6.1 (poison), PG I, Poison Inhalation Hazard, Hazard Zone B; Class 3 (flammable liquid);\nClass 8 (corrosive) liquid; Division 4.1 (flammable solid); Division 4.3 (dangerous when wet); and\nDivision 5.1 (oxidizer), you encountered food grade items, that is, sucrose, yeast extract, and water, on\nthe same transport vehicle. The chemicals and food grade items were marked as \"not intended for\nconsumption\". Fischer Scientific ships these items as laboratory supplies to various customers. You\nask whether the segregation requirements in §177.841(e) of the HMR apply to such items.\nSince these products were marked \"not intended for consumption\", they are not considered to be\n\"foodstuffs, feed or other edible materials\" intended for consumption by humans or animals, as\naddressed in §177.841(e), and are not subject to the restrictions prescribed in that section.\nComponents of food products are subject to regulation in the same manner. If the components are\nmarked \"not intended for consumption\", they are not subject to the restrictions in §177.841(e).\nTherefore, when Fischer Scientific manufactures and marks such items not intended for consumption,\nthey are not subject to the prohibitions prescribed in §177.841(e) for poisonous materials in the same\nmotor vehicle with foodstuffs.\nI trust this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nCelia\nDirector, Office of Hazardous\nMaterials Standards\n177.841 (e)\n030195\n\n<<<PAGE 2>>>\n\nAUG-05-2003 10:47\nCHP\n530 533 2703 P.02\n•\nState of Callfornia-Business, Transportation and Housing Agency\nGRAY DAVIS, Governor\nDEPARTMENT OF CALIFORNIA HIGHWAY PATROL\nCallfornía Highway Patrol, Valley Division\n(916) 464-2556 EXT 13\nRancho Cordova, CA\nkngrum\n(800) 735-2922 (Voice)\n(600) 735-2929 (TT/TDD)\n§ 177.841 (e)\nApril 25, 2003\nFoodstuffs\nFile No.: 010665\n03-0145\nTo: U.S. Department of Transportation\nResearch and Spocial Programs Administration\n400 Seventh Street S. W.\nWashington, DC 20590\nFrom: Officer George Barber 10665\nPlease provide a letter of interpretation on the following issue relating to poisons and food\ntransported in the same vehicle.\nitems were shipped by Fischer Scientific and were marked as \"not intended for consumption\".\nthe industry.\nFischer Scientifio distributes these items as laboratory supplies to various customers through out\nMy questions are as follows: (1) Since Fischer Scientific distributes these items to customers\nthrougaout the world and has no influence on the \"intended\" use of the items by the end user, are\nthe segregation rules relating to foods and poisons applicable to the transportation of food grade\nitems and poisons in Section 177.841(e) during shipments of these items from one Fischer\nScientific location (warehouse) to another Fischer Scientific location (distribution center).\n(2) The text of Section 177.841 states \"foodstufs, feed or edible material intended for\nconsumption by humans or animals \" does the definition include edible compounds, additives or\ncomponents that could be included in edible materials, such as yeast extract, sucrose, and water,\neven if the component was manufactured and marked \"not intended for consumption\"?\nYOUT\nFlexi\nPOWER\n\n<<<PAGE 3>>>\n\nAUG-05-2003\n10:47\nCHP\n530 533 2703\nP.03\nTOTAL P.03","truncated":false,"body_characters":3834}