McCormick & Company, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh Street, S.W. JUL 1 2005 Washington, D.C. 20590 Pipeline and Administration Hazardous Materials Safety Mr. Timothy D. Brotzman, Sr. Reference No.: 05-0144 International Transportation Manager McCormick & Company, Inc 180 Loveton Circle Sparks, MD 21152-6000 Dear Mr. Brotzman: This is in response to your June 2, 2005 letter requesting clarification of liquid flavoring under the Hazardous Materials Regulations (HMR; 49 CFR Parts 100-180). Specifically, you ask whether liquid flavors that contain ethyl alcohol in various concentrations may be renamed "Consumer Commodity" and reclassed as ORM-D material. Section 173.22 of the HMR requires the shipper to properly class and describe the material in accordance with parts 172 and 173. This Office generally does not perform that function. However, based on your description of the material, it appears your material may be described as "flavoring extract." The Hazardous Materials Table (HMT) lists two entries for "Extracts, flavoring, liquid," one entry for a PG II material, the other for a PG III material. Both entries reference the exceptions in § 173.150 in column 8a of the HMT. A material that meets the limited quantities provisions in § 173.150(b) and is a consumer commodity as defined in § 171.8, may be renamed "Consumer commodity" and reclassed as ORM-D material. In addition to the exceptions in § 173.150(b), ORM-D materials are not subject to shipping paper requirements unless the material meets the definition of a hazardous substance, hazardous waste, marine pollutant, or is offered for transportation and transported by aircraft. In addition, ORM-D materials are eligible for the exceptions provided in § 173.156. I trust this satisfies your inquiry. Sincerely, I Chier, Scale Chief, Standards Development Office of Hazardous Materials Standards 173.150 050144 173.242#

Page 2Foster §173.150 § 173.242 Applierbilty 35-0144 McCORMICK & COMPANY, INC. 18 LOVETON CIRCLE, SPARKS, MD 21152-6000 USA / TEL (410) 771-7301 / CABLE 'MCCORMICK Ms. Susan Gorsky - Mail Stop DHM-10 Office of Hazardous Materials Standards Senior Transportation Regulations Specialist Research and Special Programs Administration U.S. Department of Transportation 400 7*h Street SW Washington, D.C. 20590-0001 June 2, 2005 Dear Ms. Gorsky: I am writing you to request a formal letter of interpretation regarding the classification of liquid flavors containing ethyl alcohol in various concentrations, and whether they may be reclassed and described as Consumer Commodity, ORM-D in accordance with 49CFR Parts 171-180. The products are to be used to flavor draught beer. We intend to package a variety of flavors that contain ethyl alcohol in various concentrations. Current formulations are 59-74% with flash points ranging from 63F to 66F. They meet the definition for a Class 3 material. They are not considered a hazardous substance, hazardous waste, or marine pollutant. These products will be packaged in a 1 liter polyethylene (bladder) bag in a 4G corrugate box; similar to "wine in a box". They will be overpacked as 6 combination packages in a corrugate shipper (box) for distribution in a form suitable for retail sale and consumption, through wholesalers to retail outlets (bars & restaurants). any additional information. We appreciate your prompt consideration of this request. Please let me know if you need Respectfully submitted, Timothy D. Brotzman, Sr. International Transportation Manager#