What is ORM-D Consumer Commodity?
In order to properly understand the ORM-D exceptions, a review of the definitions of ORM-D and “Consumer Commodity” under the HMR is necessary. First, most ORM-D shipments, contain consumer commodities that are classified as ORM-D. The HMR defines, in 49 CFR § 171.8, “consumer commodity” as “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.” It then specifically includes “drugs and medicines” in the definition. Thus, not the components that make up the material but the nature of its use is determinative of the shipment’s consumer commodity status. Consumer commodity is the proper shipping name for certain materials that meet this definition and the limited quantity provisions, as provided in § 173.150 to § 173.155, and § 173.306(i).2 (Editor’s note: see the comment in on page 22 and the DOT letter of interpretation regarding
