Mr. Joseph Sanok — Hazardous Materials Safety Interpretation

Page 1U.S. Department Research and of Transportation FEБ 24 2004 200 Sayin. S. 20590 special Program: Administration Mr. Joseph Sanok 503 Fairview Avenue #2 Ref. No.: 03-0311 Arcadia, CA 91107 Dear Mr. Sanok: This responds to your letter dated December 1, 2003, regarding classification of your products under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You enclosed Material Safety Data Sheets for these products. Subsequently, you spoke with a member of my staff, Helen Engrum, not be released. by telephone and said that any additional information on these products is proprietary and thus could These products are "piant food" and carried in checked baggage aboard aircraft. Specifically, you asked whether your products, "CANNA AQUA VEGA A, CANNA AQUA VEGA B, CANNA AQUA FLORES A, and CANNA AQUA FLORES B" are considered hazardous materials, and thus subject to the HMR for purposes of transportation in commerce. You did not provide sufficient information on these products or materials to make a determination regarding classification. Under the HMR, the hazard class is determined based on chemical composition, concentration of ingredients, and hazard characteristics of the material. In accordance with 49 CFR 173.22, it is a shipper's responsibility to properly classify a hazardous material for transportation in commerce. This office does not perform that function. The requirements for shipping hazardous matertals are found in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). A list of suppliers is enclosed. The HMR address requirements for classification, packaging, preparation of shipping papers, marking, labeling, placarding, emergency http:/hazmat.dot.gov. response information, and training. You may also access our Hazmat Safety Web Site at: I hope this information is helpful. If we can be of further assistance, please contact us. Sincerely, Susan Gorsky She Amy Senior Transportation Regulations Specialist Office of Hazardous Materials Standards Enclosures 173.22 030311#

Page 2Dec 01 03 02:28p Peanuts 626-254-0045 p. 1 Joseph Sanok 503 Fairview Ave #2 Arcadia, CA 91107 Phone: 213-422-2179 Fax: 208-460-9149 Email: jsanok@adelphia.net Engrum Fax $173.22 Shipper's Responsibility 03-0311 To: Edward Mazzulo From: Joseph Sanok Fax: 202-366-3012 Pages: 13 Phone: 1-800-467-4922 Date: 12/1/2003 Re: Interpretation Letter CC: • Urgent A For Review • Please Comment • Please Reply • Please Recycle Mr. Mazzullo, I was refered to your office from the TSA controi center, I have been having problems with checking he MSDSs. Can your office provide this letter? Also, can you recommend any other way to solve thi roblem? 1 am hoping to get a written ruling from TSA on the products that I can show to airpor There are 4 products: CANNA AQUA VEGA A CANNA AQUA VEGA B CANNA AQUA FLORES A CANNA AQUA FLORES B Thank you,#