Definition of Consumer Commodity

This is in response to your letter dated December 21, 1998 and subsequent telephone conversation with Diane LaValle, 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 can be reclassified as a 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 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. Therefore, if the service and supply materials described in your letter qualify for reclassification and are packaged accordingly, they may be described as Consumer commodities, even if not intended for personal or household use.