{"operation":"document","citation":"06-0169","title":"Transportation Development Group — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-08-24","effective_on":null,"summary":"06-0169 response to Transportation Development Group concerning 171.8, 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0169.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0169.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0169","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060169.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety Administration\nANG 24 2006\nPresident\nMr. Jim Powell\nRef. No.: 06-0169\nTransportation Development Group\n2390 Crenshaw Blvd, Ste 513\nTorrance, CA 90501\nDear Mr. Powell:\nsale\" as it applies to sales of consumer commodities shipped in accordance with the\nThis responds to your letter of July 19, 2006 regarding interpretation of the term \"retail\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nAccording to your letter, Transportation Development Group (IDG) has a client who\nbusinesses that repackage them for sale to a consumer. Your client also has a\nmanufactures and distributes fragrances and flavorings. Most items are sold to other\nmanufacturer-direct model where a consumer can log into their website and buy the same\nproduct in the same configuration. For example: TDG sells product ABC, a PG II\nfiberboard box. The package meets all of the requirements for consumer commodity\nflammable liquid, as a perfumery product and packages it in a 5 L metal can in a\nare marked as an ORM-D and shipped overnight by UPS (marked ORM-D Air) for\n(i.e., up to 5 L for PG Il perfume [SP149]) and not over 30 kg gross weight. Packages\ndelivery to a person who ordered it on the internet.\nQ1.\nCould TDG mark and label all of its shipments of product \"ABC\" as a Consumer\ntheoretically possible that a \"consumer\" would want to purchase a gallon size\nCommodity, regardless of the nature of an individual shipment because it's\nmetal can of perfume?\nAl.\nA consumer commodity is defined as a material that is both packaged and\nstrumentalities for consumption by individuals for purposes of personal care (\nistributed in a form intended or suitable for sale through retail sales agencies ‹\nhousehold use. Even though a material may not be intended for retail\nconsumption, it may be suitable for such usage and, therefore, may meet the\nflavorings. Therefore, if the fragrances and flavorings described in your letter\ndefinition of consumer commodity. Such products may include fragrances anc\nqualify for reclassification and are packaged accordingly, they may be describer\nas a \"Consumer commodity\", and reclassed as ORM-D material, even if no\nintended for personal or household use.\n111.8\n173.150\n060169\n\n<<<PAGE 2>>>\n\nPackages of ORM-D material must be marked \"Consumer Commodity, ORM-D\"\nin accordance with § 172.316. Shipments of ORM-D materials are not subject to\nthe shipping paper requirements of Subpart C of Part 172 of the HMR unless the\nmaterial meets the definition of a hazardous substance, hazardous waste, or\nmarine pollutant, or unless offered for transportation by air. Section 173.156\nprovides additional exceptions for shipments of ORM-D materials.\nQ2.\nIs sale from a manufacturer over the Internet direct to a user considered \"retail\"\nsale, or is there some obligation on the part of the seller/shipper to determine the\nnature of the person buying the product before allowing the product to be\nreclassed as a \"consumer commodity\"?\nA2.\nIn order for your products to be renamed \"Consumer commodity\" and reclassed\nfor consumer commodity in § 171.8; (2) the material is authorized in packaging\nas ORM-D, each product must meet the following requirements: (1) the definition\nexceptions in Column (8A) of the § 172.101 Hazardous Materials Table; (3) the\nand (4) the material is properly prepared for shipment in accordance with the\nreferenced packaging exception allows an exception for shipment as an ORM-D;\nconsumer commodity provisions.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\n?\n¿ John A. Gale\nOffice of Hazardous Materials Standards\nChief, Standards Development\n\n<<<PAGE 3>>>\n\nTransportation Development\ngroup\nlogisticstraining.com\n415 Dairy Road, PMB E234, Kahului, HI 96732\n(800) 949-4834 | (800) 527-5121 FAX\njim@dgtraining.com\nEngrum\nJuly 19, 2006\n§ 171.8\nInterpretation Request\nMr. Edward T. Mazzullo\n$173.150\n400 7th Street S.W. DHM10\nPHMSA Office of Hazardous Materials Standards\nDefinition (oRms\nWashington, DC 20590-0001\nDear Mr. Mazzullo:\nWhat is the definition and or interpretation of the term \"retail sale\"?\nBefore the internet and the \"big box\" stores I think it was easier to determine what was retail and what\nSo, in looking at the definition of a consumer commodity, numerous other interpretations by your office\nhave made it clear that the item doesn't actually have to be sold at retail, or even sold to a customer; it just\nmust be in a form \"suitable\" for such a sale.\nI have a client who manufactures and distributes fragrances and flavorings. Most of these items are sold\nto other businesses who then repackage them for sale to a consumer. However, they do have a\nmanufacturer-direct model where consumer can log into their website and buy the same product in the\nsame configuration.\ncames thin a l met sella pin tiberboard POx. The mable mid a l perfumer prode a\nconsumer commodity (i.e. up to SL* for PG I perfume i*SP 149] and not over 30 kg gross veight. It is\nckages it in a › . metal can in a tiberboard hoxin\nmarked and labeled as an ORM-D and is shipped overnight by UPS (marked ORM-D Air) for delivery to\nsomeone who orders it over the internet.\nCommodity as a matter of course, regardless of the nature of an individual shipment because it's\nQuestion #1: Could this company mark and label all of shipments of product ABC as a Consumer\ntheoretically possible that a \"consumer\" would want to purchase a gallon size metal can of perfume?\nthere some obligation on the part of the seller/shipper to determine the nature of the person buying the\nQuestion #2: Is sale from a manufacturer over the internet direct to a user considered \"retail\" sale, or is\nproduct before allowing the product to be reclassed as a \"consumer commodity\". I hope the answer is\n\"no\" but this doesn't seem very practicable.\n2390 Crenshaw Blvd, Ste 513, Torrance, CA 90501\nTDG Los Angeles\n(310) 302-0808 | FAX (310) 302-0809\n\n<<<PAGE 4>>>\n\nTransportation Development\n-group\nlogisticstraining.com\nThank you!\nSincerely,\ngintice\nJim Powell\nPresident\njim@dgtraining.com\n1-310-302-0808\n2390 Crenshaw Blvd, Ste 513, Torrance, CA 90501\nTDG Los Angeles\n(310) 302-0808 | FAX (310) 302-0809","truncated":false,"body_characters":6288}