PHMSA letter of interpretation

Definition of Consumer Commodity

Pipeline and Hazardous Materials Safety Administration · May 11, 1999 · Reference No. 99-0108

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.

Interprets: 49 CFR § 171.8

Reggie’s quick take

Someone asked whether a sterilant called Vapo-Steril, made of 72.36% ethanol and 0.23% formaldehyde and packed in one-liter containers inside an outer box weighing about 35 pounds, can ship as a consumer commodity. The agency said yes. It agreed the product is suitable for household use in that formulation and quantity, so it may ship under the ORM-D "Consumer commodity" classification, as defined in § 171.8.

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 April 26, 1999, requesting confirmation of your understanding of the definition for "consumer commodity" under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as it applies to your client's product "Vapo-Steril".

You describe "Vapo-Steril" as an alcohol based sterilant, consisting of 72.36% ethanol and 0.23% formaldehyde, with the balance being inert ingredients. It is classified as a Class 3 (flammable liquid) in Packing Group III and is used in a vaporizing sterilizer to sterilize instruments and other apparatus, mainly for dental and medical purposes. Vapo-Steril is packaged in one liter containers, are placed in an outer packaging or box. The total weight of the entire package is approximately 35 pounds. You indicate it is similar to household sterilizing solutions whose active ingredient is alcohol and which are sold to consumers at retail.

As you are aware, the definition of a consumer commodity in § 171.8 includes a material that is packaged and distributed in a form suitable for retail sale for consumption by individuals for purposes of personal use or household use even if not specifically so intended. We agree that the product Vapo-Steril, in the described formulation and quantity limits, is suitable for household use and therefore qualifies for shipment as a "Consumer commodity, ORM-D.

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.