Poison Materials with Foodstuffs
Pipeline and Hazardous Materials Safety Administration · Aug 9, 2001 · Reference No. 01-0149
Interprets: 49 CFR § 173.25
Reggie’s quick take
A company asked whether its packaging meets the exception in § 173.25(c) for Division 6.1 poison materials shipped in the same motor vehicle as foodstuffs. The agency said no. The company's exemption requires the material to be in a UN 1A2 drum, and that drum is the packaging itself. The company said it puts its drum inside a UN 4G box, and the agency said § 173.25(c) requires the packaging to be overpacked in a UN 1A2, 1B2, or 1N2 drum marked for Packing Group II or higher. A UN 4G box does not meet that test.
Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.
This responds to your June 7, 2001 letter requesting clarification of shipments of Division 6.1 poison materials with foodstuffs under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask if your packaging meets the exception provided by § 173.25(c) for poisonous materials that may be transported in the same motor vehicle with foodstuffs.
The answer is no. Your exemption specifies that your material must be packaged in a UN 1A2 drum. The drum is thus the packaging, and not an overpack. You state that you overpack your drum in a UN 4G box. The provisions of § 173.25(c) require that the packaging must be overpacked in a UN 1A2, 1B2, or 1N2 drum tested and marked for a Packing Group 11 or higher performance level.
A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.