Consumer Commodities Not Intended but Suitable for Retail Sale
Pipeline and Hazardous Materials Safety Administration · Aug 4, 1999 · Reference No. 99-0180
Interprets: 49 CFR § 171.8
Reggie’s quick take
A company asked whether a material that is suitable for retail sale can count as a Consumer commodity under the Hazardous Materials Regulations even if it was not intended for retail sale. PHMSA said yes. Under the definition in § 171.8, a material qualifies if it is packaged and distributed in a form intended or suitable for sale through retail sales agencies, for use by individuals for personal care or household use. The material can still qualify even if the shipper did not intend it for retail sale, and even if it is used in some other way.
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 dated June 29, 1999, 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 meets the definition for 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. 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.
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.