{"operation":"document","citation":"10-0124","title":"Food Safety Net Services LTD — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-07-08","effective_on":null,"summary":"10-0124 response to Food Safety Net Services LTD concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0124.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0124.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0124","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100124.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation 1200 New Jersey Ave, SE\nWashington, D.C. 20590\nPipeline and Hazardous Materials\nSafety Administration\n,!UL - 8 LOlO\nMr. Timothy J. Santy\nDirector of Operations\nFood Safety Net Services LTD\n199 W. Rhapsody\nSan Antonio, TX 78216\nRef. No. 10-0124\nDear Mr. Santy:\nThis responds to your June 7, 2010 request for clarification on the applicability of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for confirmation that\nthe HMR do not apply to the transportation of incubated raw beef samples for testing.\nAccording to your letter, you are considering transporting raw beef samples enriched with a media\nand incubated for a period that would allow salmonella, listeria or e coli 0157:H7 to grow to a\ndetectable limit, ifpresent. In your letter, you state that statistically, 98% of the time, there will be\nno pathogens present. You further state that an individual in our Hazardous Materials Information\nCenter concluded that for transportation purposes the material would not be regulated under the\nHMR. Therefore, you are asking for confirmation that the HMR do not apply to your operations.\nAs provided in § 173.22, it is the shipper's responsibility to properly classify a hazardous material.\nThis office generally does not perform this function. However, if your enriched raw beef samples\ndo not meet the hazard class criteria in Part 173, and is not a hazardous substance, hazardous waste.\nor marine pollutant, it is not subject to the HMR.\nI hope this answers your inquiry. If you need further assistance, please contact this office.\nSincerely,\n~~\n. e , Standards Development\nOffice ofHazardous Materials Standards\n\n<<<PAGE 2>>>\n\nDrakeford, Carol\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nMonday, June 07, 2010 12:22 PM\nDrakeford, Carolyn (PHMSA)\nFW: Formal Letter of Interpretation\nCarolyn,\nThanks,\nRob\nA request for a formal written letter of interpretation.\nFrom: Tim Santy [mailto:Tsanty@Food-SafetyNet.com]\nSent: Monday, June 07, 2010 12:11 PM\nTo: INFOCNTR (PHMSA)\nSubject: Formal Letter of Interpretation\nTo Whom it may concern:\nWe are a third party food testing laboratory. We test for most major raw beef producers. We have a beef\nslaughter plant that is in Michigan and we need to test their samples in our Green Bay WI lab. The\ntransportation time ofthe raw samples (non-hazardous) prevents us from giving them a turn around time on the\ntest that meets their needs. We are exploring the option of incubating the raw meat samples in transit. This\nwould mean that we took the raw beef samples that are non-hazardous, enrich them in a media and then\nincubate them for a period of time that would allow salmonella, listeria or e coli 0157:H7 to grow to a\ndetectable limit ifpresent. Statistically, 98% of the time, there will be no pathogens present. Your call center\nhelp attendant interpreted the law governing this to imply the product is not hazardous per DOT definitions\nunless someone ate it. Therefore, he determined that the DOT Hazardous Materials guidelines do not apply to\nthis over the road transportation.\nCan you please review this and respond to me in a formal letter of interpretation on this subject?\nThank you,\nTimothy J. Santy\nDirector of Operations\nFood Safety Net Services LTO\n199 W Rhapsody\nSan Antonio, TX 78216\ntsanty@food-safetynet.com\nv 210-477-3631\nm 210-240-8402\nf 210-525-1702\nThe information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged\nmaterial. Any reView, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or\nentities other than the intended recipient is prohibited. If you received this in error, please notify the sender and delete the material from\nyour computer. In the event that laboratory test results are communicated in this email, they are considered preliminary and offered as a\ncourtesy only. Laboratory test results are only authorized as final when issued as a signed certified Certificate of Analysis. Food Safety Net\nServices postmaster@food-safetynet.com\n1","truncated":false,"body_characters":4145}