PHMSA letter of interpretation

Classification of Aerosols

Pipeline and Hazardous Materials Safety Administration · Nov 1, 1995 · Reference No. 95-0262

PHMSA says to use caution with this letter. On January 19, 2011 PHMSA published HM-215K, which amended the HMR to maintain alignment with international standards. As a result, the ORM-D classification is being eliminated, however, limited quantities of authorized hazardous materials will still be authorized for reclassification to ORM-D until December 31, 2020 and ORM-D-AIR until December 31, 2012.

Reggie’s quick take

A company asked whether its aerosol adhesive, sold in 500 ml metal cans, can be shipped as a Consumer Commodity, ORM-D material. PHMSA said yes. The agency found the product fits the definition of a consumer commodity in § 171.8, meaning it is packaged for retail sale and for personal or household use. Under that classification, the product may be offered for shipment as ORM-D under § 173.306(h).

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 is in response to your letter of October 6, 1995, regarding classification of your aerosol product as Consumer Commodity, ORM-D. You state that the product is an aerosol adhesive in 500 ml metal containers.

In general terms, a consumer commodity, defined in 49 CFR 171.8, is a material that is packaged and distributed in a 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.

It is our opinion that your aerosol product meets the definition of a consumer commodity and may be reclassed and offered for shipment as an ORM-D material in accordance with the requirements of § 173.306(h).

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.