{"operation":"document","citation":"04-0056","title":"Safety Specialist, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-05-26","effective_on":null,"summary":"04-0056 response to Safety Specialist, Inc. concerning 171.8, 173.153.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0056.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0056.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0056","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040056.pdf","body":"<<<PAGE 1>>>\n\n.s. Departmen\nf Transportatio\nMAY 26 2004\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\nAdministration\nSpecial Programs\nMr. Ken Holloway\nVice President\nRef. No.: 04-0056\n14261 Maple Hollow Lane\nSafety Specialist, Inc.\nCharlotte, NC 28227\nDear Mr. Holloway:\nThis responds to your letter dated March 12, 2004, concerning requirements for shipping\nconsumer commodities under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-\n180). Specifically, you asked for confirmation of your understanding of the requirements for\nreclassifying a material described as \"Chloroform, 6.1, UN 1888, II!\" as a consumer commodity.\nThis product is used in dentist offices to soften gutta percha (a rubber like compound).\nIn general terms, a consumer commodity, as defined in 171.8, is a material that is packaged and\ndistributed in a form intended or suitable for retail to consumers, even if not specifically so\nintended, and that may, in fact, be used in some other fashion. In order for your product to be\nreclassified as a \"Consumer commodity, ORM-D,\" it must meet the definition for consumer\ncommodity in $171.8. In addition, the packaging exception, referenced in Column \"8A\" of the\n§ 172.101 Hazardous Materials Table, must allow an exception for shipment as a ORM-D\nmaterial, and the material must be packaged for shipment in accordance with the limited quantity\npackaging provisions for that class of material.\nYour understanding is correct that your product described as \"Chloroform, 6.1, UN 1888, I\"\nqualifies to be reclassed and renamed \"Consumer commodity, ORM-D\" and shipped in\naccordance with the limited quantity packaging exceptions in §173.153. Packages containing\nORM-D material must be marked in accordance with §172.316. Exceptions for shipment of a\nmaterial described as \"Consumer commodity, ORM-D\" are provided in §173.156.\nFor your information, under §173.153, except for drugs and medicines, inner packaging for\nwhich may not exceed 250 mL (8 ounces) for liquids and 250 g (8.8 ounces) for solids, the\ncorrect inner packaging limitation for liquid poisonous materials in Packing Group III is 5 L (1.3\ngallons) net capacity each, packed in a strong outer packaging.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nChief, Standards Development\nOffice of Hazardous Materials Standards\n171.8\n173.153\n040056\n\n<<<PAGE 2>>>\n\nSAFETY SPECIALISTS, INC.\nHazardous Materials Advisors\nKnaram\n$ 174.8\nMarch 12, 2004\n8/13.153\nEdward T. Mazzulo, Director\nConsumer Commodity\nOffice of Hazardous Material:\nStandards, RSPA\n04-0056\nJS Department of Transportatio\n00 yii Street. SV\nWashington, DC 20590\nDear Mr. Mazzulo,\nunderstanding of product reclassification to Consumer Commodity ORM-D in\nI am writing on behalf of Sultan Chemists, Inc. We are requesting verification of our\naccordance with the Hazardous Materials Regulations (49 CFR Parts 100-180).\nORM-D Consumer Commodity guidelines for\nliquid or solid poisonous (toxic) materials\n49 CFR 173.153 and 171.8\nThe general guidelines to qualify for the consumer commodity exception are:\n1. Must be referenced in 49 CFR Part 172.101 Column 8A.\n2. Packaging must be combination packagings.\n3. Each package must conform to the packaging requirements of Subpart B\n4. The completed package may not exceed 30 kg (66 lbs.) gross weight.\n(closures must be secured so they do not loosen in transit, etc.).\n5. Liquids in combination packagings; each inner packaging may not exceed 4.0 L\n(1 gallon) (except toxic drugs or medicines). Drugs and medicines 250 ml (8 ounces)\nnet.*\n6.\nSolids in combination packagings each inner packaging may not exceed 5.0 kg\n(11 lbs.), (except toxic drugs or medicines). Drugs and medicines 250 gm\n(8.8 ounces) net.*\n7. The product is packaged and distributed in a form intended or suitable for sale\nThe product is or can be suitable for consumption by individuals for the purposes of\nthrough retail sales agencies or instrumentalities.\npersonal care or household use.\n* 49 CFR 173.153(c)(2)\n14261 Maple Hollow Lane * Charlotte, NC 28227\n(704) 573-0955 Fax: (704) 545-5130\nWebsite: http://www.hazmathelp.com\nEmail: Ken@hazmathelp.com\n\n<<<PAGE 3>>>\n\nWe have researched your previous letters on this topic. We feel this product or any\nproduct that meets all of the requirements is eligible to reclassed.\nThis product is Chloroform N.F. The proper description for this product is Chloroform,\nmaterials exception in 49 CFR 173.152. We feel that this product, used in dentist offices,\n6.1, UN 1888, Ill. According to the Hazardous Materials Table, it is eligible for the toxic\nto soften gutta percha (a rubber like compound) is similar in usage to the materials named\nin several recent letters of clarification. See 00-0229, 03-0073 and 99-0067.\nWe have found the same grade of Chloroform available for retail sale on the internet site\nSafety and Health Guidelines for Chloroform uses that indicate possible personal or\nE-bay. We have documentation from several sources including OSHA's Occupational\nousehold uses. Chloroform is used as a solvent of lacquers, plastics, fats, greases, etc\ninsecticide.\nt is used in photographic processing. It can also be used as a soil or grain fumigant or a\nPlease confirm that this product, as described, is eligible for the consumer commodity\nexception.\nIf you have any questions or need further information, please contact me at 704-573-0955\nor ken@hazmathelp.com.\nThank you.\nYours truly,\nVice President","truncated":false,"body_characters":5472}