Marquis Spas — Hazardous Materials Safety Interpretation

Page 1Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and JUL 12 2006 Hazardous Materials Safety Administration Materials Manager Mr. Gary Kertz Ref. No.: 06-0040 596 Hoffman Road Marquis Spas Independence, Oregon 97351 Dear Mr. Kertz: This responds to your letter dated February 10, 2006 regarding the requirements in the water-treatment chemical kit shipped as a consumer commodity. Specifically: you ask if Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they apply to a D" without marking or labeling the shrinked-wrapped fiberboard box. the spa containing the chemical kit may be shipped as a "Consumer commodity, ORM- Your company manufactures equipment such as portable hot tubs/spas. During the manufacturing process a water-treatment chemical kit is included to start the spa the first time it is used by a consumer. The chemical kit contains two (2) 200 g bromine cartridges described as "Oxidizing solid, n.o.s., 5.1, UN 1479, PG II", and one (1) 10 oz. compound) 8, UN 3260, II." You plan to package the above items, along with several bottle of schock described as "Corrosive solid, acidic, inorganic, n.o.s. (Monopersulfate non-hazardous chemicals, measuring cup and test strips in a fiberboard box and place the kit in the foot well of the spa. The entire spa is fitted into a spa bag and then placed in a heavy-duty fiberboard box and shrink-wrapped. The kit weighs approximately seven (7) transportation to private and contract carriers to be transported to a dealer network. pounds and the average boxed spa weighs 800 pounds. You offer your product for In general terms, a consumer commodity is a material that is packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities for consumption by individuals for purposes of personal care or household use. This definition includes materials that are suitable for retail sale even if not specifically so Limited quantities of oxidizers (Division 5.1) and corrosives (Class 8) in Packing Group II, in inner packagings not over 1.0 kg (2.2 pounds) net capacity each for solids packed in strong outer packagings, may be reclassed and renamed as a Consumer commodity, ORM-D. (See §§ 173.152(c) and 173.154(c))). The gross weight of the package may not 172.101 060040#

Page 2exceed 66 pounds. Packages containing ORM-D material must be marked in accordance with § 172.316. In the scenario you describe, the fiberboard box containing the chemical kit must be marked on at least one side or end with the proper shipping name - "Consumer Commodity" - and with the ORM-D designation immediately following or below the proper shipping name. The box containing the spa and the chemical kit must be marked I hope this information is helpful. If we can be of further assistance, please contact us. Office of Hazardous Materials Standards#

Page 302/10/2006 15:56 5038385176 MARQUIS PAGE 01 Engrum $172.101 Marquis Spas Proper Shipping Name 596 Hoffman Road 06- Salem, Oregon 97351 0040 Standards couG Director: Mr. Edward Mazzulla From: Gary Kertz Date: 2/10/2006 Re: Request for shipping ORM-D in portable spas certification/recommendation for Pages: One page Urgent D For Review x Please Comment X Please Reply • Plizase Recycle. Dear Mr. Mazzulla: • an requesting certification/recommendation on the proper procedures necessary to ship consumer commoty Items with portable spas. 017 neW RI o 200-gram bromine cartridges: OXIDIZING SOLID, N.O.S. 5.1 UN1479 || 5.1 Include Consumer Commodity ORM-D items: Compound) 8 UN3260 l| 8 One 10 oz bottle of shock: CORROSIVE SOLID, ACIDIC, INORGANIC, N.O.S. (Monopersulfate a package the above items, along with several non-hazardous chemicals, measuring cup and tal the entire spa 15 placed in a heady act herboard box, fied no a spa bag and than the boxiduetion shrink-wrapped. :arriers to ship our spas to a dealer network. We do not ship direct to consumers he kit weighs about 7 pounds and the average boxed spa weighs 800 Ibs. We use private and contrac Can we ship the spa and chemical kit without marking/labeling the spa box under the following consumer (b)(1)(ii) and (c)(iii)(2); regarding (2)(i) - (vi) commodity reference paragraphs? 49CFR Parts 173.152, (4)(c) and 173.154, (2)(c) ancl 173.156 (a)(1XD), If we cannot ship under the above references, can we ship under the following reference paragraph? 173.25 Authorized packaging and overpacks. Writen response, please. Thạnk you, Tain Lt Materials Manager Gary Kertz CPIM Marquis Spas Tel. 503-838-0888 ext 137 Fax 503-838-5176 ... .....#