§ 372.115 Commodities that are not exempt under 49 U.S.C. 13506(a)(6).

49 U.S.C. 13506(a)(6) provides an exemption from regulation for motor vehicles used in carrying ordinary livestock, fish, and unmanufactured agricultural commodities. Certain specific commodities have been statutorily determined to be non-exempt. Administrative Ruling No. 133, which is reproduced below, is a list of those commodities that are non-exempt by statute.

Administrative Ruling No. 133

List of Commodities That Are Not Exempt by Statute Under 49 U.S.C. 13506(a)(6)

Animal fats

Butter

Canned fruits and vegetables

Carnauba wax as imported in slabs or chunks

Cattle, slaughtered

Charcoal

Cheese

Coal

Cocoa beans

Coffee, beans, roasted, or instant

Copra meal

Cotton yarn

Cottonseed cake or meal

Diatomaceous earth

Dinners, frozen

Feeds:

Alfalfa meal

Alfalfa pellets

Beet pulp

Bran shorts

Copra meal

Corn gluten

Distilled corn grain residues, with or without solubles added

Fish meal

Hominy feed

Middlings

Pelletized ground refuse screenings

Wheat bran

Wheat shorts

Fertilizer, commercial

Fish:

Canned or salted as a treatment for preserving

Cooked or partially cooked fish or shrimp, frozen or unfrozen

Hermetically sealed in containers as a treatment for preserving

Oil from fishes

Preserved, or treated for preserving, such as smoked, salted, pickled, spiced, corned or kippered

Flagstone

Flaxseed meal

Flour

Forest products:

Resin products, such as turpentine

Fruits and Berries:

Bananas, fresh, dried, dehydrated, or frozen

Canned

Frozen

Hulls of oranges after juice extractions

Juice, fruit, plain or concentrated

Pies, frozen

Preserved, such as jam

Purees, strawberry and other, frozen

Grains:

Oils extracted from grain

Popcorn, popped

Rice, precooked

Wheat germ

Gravel

Hair, hog or other animal, product of slaughter of animal

Hay, sweetened with 3 percent molasses by weight

Hemp fiber

Hides, green and salted

Insecticides

Limestone, agricultural

Livestock:

Monkeys

Race horses

Show horses

Zoo animals

Lumber, rough sawed or planed

Maple syrup

Meal:

Alfalfa

Copra

Cottonseed

Fish

Flaxseed

Linseed

Peanut

Soybean

Meat and meat products, fresh, frozen or canned

Milk and Cream:

Chocolate

Condensed

Sterilized in hermetically sealed cans

Molasses

Nuts (including peanuts):

Peanut meal

Roasted or boiled

Oil, mint

Oil, extracted from vegetables, grain, seed, fish or other commodity

Pelts

Pies, frozen

Pigeons, racing

Pulp, beet

Pulp, sugar cane

Rock (except natural crushed, vesicular rock to be used for decorative purposes)

Rubber, crude, in bales

Rubber, latex, natural, liquid, from which water has been extracted and to which ammonia has been added

Sand

Seeds:

Oil extracted from seeds

Skins, animal

Soil, potting

Soil, top

Soup, frozen

Sugar

Sugar cane pulp

Sugar raw

Syrup, cane

Syrup, maple

Tea

Tobacco:

Cigars and cigarettes

Homogenized

Smoking

Top Soil

Trees:

Sawed into lumber

Vegetables:

Candied sweet potatoes, frozen

Canned

Cooked

French fried potatoes

Oil, extracted from vegetables

Soup, frozen

Soybean meal

Wool imported from a foreign country

Wool tops and noils

Wool waste (carded, spun, woven, or knitted)

Wool yarn

Note 1: Under 49 U.S.C. 13506(a)(6)(D), any listed fish or shellfish product that is not intended for human consumption is exempt.

Note 2: Under 49 U.S.C. 13506(a)(6)(E), any listed livestock feed, poultry feed, agricultural seeds, or plants that are transported to a site of agricultural production or to a business enterprise engaged in the sale to agricultural producers of goods used in agricultural production is exempt

[53 FR 17707, May 18, 1988, as amended at 62 FR 15421, Apr. 1, 1997]