EdgeCo — Hazardous Materials Safety Interpretation

Page 1US. Department 400 Seventh Street, S.W. of Transportation Washington, D.C. 20590 Research and Special Programs Administratior AUG 4 1999 Mr. Nels Samuelson Ref. No. 99-0180 EdgeCo 47 Therin Drive Hamburg, NY 14075 Dear Mr. Samuelson: This is in response to your letter dated June 29, 1999, regarding reclassification of a material as a Consumer commodity under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) • Specifically you ask if a material that is suitable for retail sale meets the definition for Consumer commodity even though it is not intended for retail sale. The answer is yes. The definition of a Consumer commodity in § 171.8 includes materials that are both packaged and distributed 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 intended and which may, in fact, be used in some other fashion. I hope this satisfies your request. Sincerely, John A. Gale Office of Hazardous Materials Standards Transportation Regulations Specialist 990180 11.8#

Page 2BUK June 29, 1999 8171.8 Consumer Mr. Edward Mazzullo Cornmedit y Director Office of Hazardous Material Hazmat Standard 99-0180 US DOT RSPA 400 7% Street S.W. Washington, DC 20590-0001 RE: Definition of "Consumer Commodity" per 49CFR Section 171.8. Dear Mr. Mazzullo, We are contemplating Internet sales of our products, many of which are considered hazardous materials. Our ground shippers insist that even though our packaging volumes, packing group and various classes meet 49CFR and 173.15X requirements, it is their contention that our products could not be found under a kitchen sink. Therefore, they charge a "HAZMAT" surcharge. According to the US DOT person I spoke to the other day, the test to determine "consumer commodity" is; can the product be purchased at a retail store? If the answer is yes then it is a consumer commodity and if the product meets all the requirements set out in 49CFR for an exception under ORM-D, our shippers should not charge a HAZMAT surchage. Mr Mazzullo, please confirm in writing that the "retail store" test is the criteria for consumer commodity and the ORM-D exception. I believe that we will need this document to change the shippers practices. Sincerely. Nels Samuelson Manager EdgeCo 47 Therin Drive Hamburg, New York 14075#