{"operation":"document","citation":"19-0128","title":"Tyson Foods — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-04-06","effective_on":null,"summary":"19-0128 response to Tyson Foods concerning 172.401, 172.417, 172.419, 172.502, 172.532, 172.542.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0128.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0128.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0128","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/73591/190128.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nApril 6, 2020\nMs. Carolyn J. Griffith\nTraining Manager\nEnvironmental Services\nTyson Foods\n2200 Don Tyson Parkway\nSpringdale, AR 72762\nReference No. 19-0128\nDear Ms. Griffith:\nThis letter is in response to your November 12, 2019, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to nine images that\nTyson’s Foods, Inc., developed to indicate which chemicals in its possession can and cannot be\nstored together. Specifically, you ask whether these images conflict with the HMR.\nYou enclosed a black-and-white copy of the nine circular images, which contain a variety of\ngraphics, letters, and colors designed to represent classes of chemical substances and compounds\nor to denote basic health and compatibility risks. These images are titled “acid,” “base,”\n“flammable,” “not reactive,” “health hazard,” “oxidizer,” “oxidizer acid,” “oxidizer base,” and\n“incompatible with all.” You state the images may be visible on packages when they are\ntransported in commerce, and note that the use of the flammable image would be limited to\nproducts that meet the HMR definitions of a flammable material (liquid, solid, or gas). You also\nnote that the images are not intended to replace any DOT required hazard communication or\nhazard communication required by other agencies, but are rather intended to provide additional\ninformation to enhance safety beyond what is required by the HMR or other safety standards.\n\n<<>>\n\nThe HMR prohibit a person from offering or transporting a package bearing a marking, label, or\nplacard that can by its color, design, or shape be confused with or conflict with a label or placard\nprescribed in the HMR (see §§ 172.401(b) and 172.502(a)(2)). Based on the information you\nprovided, it is the opinion of this Office that the only image with the potential to be confused\nwith hazard communication required by the HMR is the “flammable” image. As such, we agree\nthat limiting use of the “flammable” image to packages containing materials that meet the HMR\ndefinition of a flammable liquid, solid, or gas is necessary and appropriate.\nSincerely,\nShane C. Kelley\nShane Kelley\nDirector,\nStandards and Rulemaking Division\nOffice of Hazardous Material Standard\n\n<<>>\n\nEdmonson\nJanuary, Ikeya CTR (PHMSA)\n19-0128\nFrom:\nINFOCNTR (PHMSA)\nSent:\nTo:\nWednesday, November 13, 2019 12:01 PM\nHazmat Interps\nSubject:\nAttachments:\nFW: DOT Letter of Interpretation request on Tyson Foods chemical storage codes\nHorizontal-9-2rows-111119.bmp; Griffiths_|G.docx\nHello Alice and Ikeya,\nPlease see below for letter of interpretation request and attached notes. The requester spoke me in the HMIC.\nContact our office with any questions.\nThanks,\nKathryn, HMIC\nFrom: Griffith, Carolyn [mailto:Carolyn.Griffith@tyson.com]\nSent: Tuesday, November 12, 2019 4:49 PM\nTo: Kelley, Shane (PHMSA) ; INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov>\nCc: Mika, Matt ; Burr, Jamie (EHS) ; Jones, Kendra\n\nSubject: DOT Letter of Interpretation request on Tyson Foods chemical storage codes\nShane, Tyson Foods Inc. requests a formal letter of interpretation regarding Tyson Foods' chemical storage\ncode images shown below (and attached) do not conflict with the Hazardous Materials Regulations and can be\nplaced on in-transit chemical containers.\nAcid\nBase\nFlammable\nNot Reactive\nHealth Hazard\nAB\nOxidizer\nOridizer Acid\nOnidizer Base\nIncompatible\nWith All\nX\nX-A\nThe nine chemical storage codes are used by Tyson Foods to indicate storage compatibility only. These\nchemical storage codes provide a consistent message via color and graphic across Tyson Foods so that\nchemical products with the same chemical storage code can be stored together. Likewise, different storage\ncodes indicate incompatibility and require appropriate separation. There is a single storage code per chemical\n\n<<>>\n\nproduct. The flammable storage code is only used for chemical products that meet the DOT definition of\nflammable.\nThese chemical storage codes are not meant to communicate or replace the required hazard communication\nor GHS information.\nTyson Foods suppliers have been requested to pre-label their chemical products with the applicable Tyson\ndo not conflict with the Hazardous Materials Regulations will facilitate this pre-labeling request.\nFoods chemical storage code. The DOT formal letter of interpretation that these nine chemical storage codes\nPlease contact me with any questions regarding this request.\nSincerely,\nEnvironmental Services\nCarolyn J Griffith, Training Manager\nTyson Foods\n2200 Don Tyson Parkway, Springdale, AR 72762\nTyson\n(desk) 479-290-5179\ncarolyn.griffith@tyson.com\nThis email and any files transmitted with it are confidential and intended solely for the use of the addressee. If you are\nnot the intended addressee, then you have received this email in error and any use, dissemination, forwarding, printing,\nor copying of this email is strictly prohibited. Please notify us immediately of your unintended receipt by reply and then\ndelete this email and your reply. Tyson Foods, Inc. and its subsidiaries and affiliates will not be held liable to any person\nresulting from the unintended or unauthorized use of any information contained in this email or as a result of any\nadditions or deletions of information originally contained in this email.\n\n<<>>\n\nHello Alice and Ikeya,\nPlease see email for letter of interpretation request. The requester spoke with me in the HMIC. Looking\nat section 172.401(b) and letters 02-0088, 04-0224 and others, I communicated that if the labels are\nsimilar to the DOT labels, they are prohibitive. I spoke with Candace who agreed with my citations and\nletter recommendations. When I called the requestor to communicate this she stated that Shane Kelley\nsent her an email notifying her that her labels were usable and to write in for an LOI and asked that her\nrequest be submitted.\nPlease contact our office with any questions.\nThank you,\nKathryn, HMIC\n\n<<>>\n\nAcid\nBase\nFlammable\nNot Reactive\nHealth Hazard\nA\nB\nOnidizer\nOnidizer Aoid\nOuidizer Base\nIncompatible\nWith All\nX\nX-A\nAD","truncated":false,"body_characters":6344}