Here’s one of those questions I love to get. Back on January 29, 2018:
Hi there,
Just wondering…
May distilled drinks , such as, e.g., whiskey, be transported in wooden barrels of 250, 300 or 400 liters?
What would it require…?
My reply that day:
Thank you for contacting me. Please see below.
Depending on the alcohol content it is quite likely that your whisky is not subject to the regulations of USDOT/PHMSA. Therefore, you may use any packaging that will contain the material. There may be other regulations such as the ATF or FDA of which I am not familiar.
Please read: Exceptions to the Hazardous Materials Regulations for the Transport of Alcohol
Thank you and please don’t hesitate to contact me with any other questions.
He required more clarification:
Thank you, Daniel.
I read the article but remained unsure.
The barrels have whiskey of ~63% ABV (by volume).
The barrels–wooden as they are straight from aging.
Does that throw further light?…
My clarification:
No problem. It can be confusing. Please see below.
- 49 CFR 173.150(d) allows for an exception from all regulation of USDOT if the alcoholic beverage meets any one of the following:
- No more than 24% ABV. Yours is 63% so this won’t work.
- In inner packagings of no more than 1.3 L (5 gal). This won’t work for you either.
- Be a packing group III alcoholic beverage in a packaging of 200 L or less. Special provision 24 for the entry alcoholic beverages indicates an ABV of 24% to 70% is a packing group III. Therefore, your whiskey is a PG III alcoholic beverage. Any packaging of 200 L or less is not subject to USDOT regulations. Any packaging greater than 200 L must be shipped as a hazardous material. In that case you must determine if the wooden barrels meet the USDOT specifications for a HazMat packaging. You must also comply with all of the other USDOT regulations for its transportation.
I hope this helps.
Please don’t hesitate to contact me with any other questions.
I wrote, “Please don’t hesitate to contact me with any other questions.” So he didn’t:
You are most helpful.
So under 200 L would be okay even at ~63% ABV.
Same regulations apply if aboard a marine or waterway vessel?
Me:
Yes. Alcoholic beverage of PG III in packaging of 200 L or less is not subject to regulation by highway, rail, or vessel. It will be subject to regulation by air.
Him:
I re-read the article and see this reference:
- Is a Packing Group III alcoholic beverage in a packaging of ≤250L (66 gallons).
hence I see 250 L, not 200 L?
As well, which is the regulation that specifies it…?
Me:
You’re right. The limit in the regulations is 250 L. I saw yours in the email as 200 L and mistakenly focused on that.
Regulation is 49 CFR 173.150(d)(1)(iii).
Q:
Would you by any chance know whether the same regulations apply across the entire NAFTA zone?
A:
Please see below.
- Both Canada and Mexico have their own national regulations.
- Canada’s regulations are very similar to the U.S. and Canada allows for compliance with U.S. regs when hazmat is transported between the countries by highway or rail.
- Mexico’s regulations are very different than those of the U.S. and they do not allow for compliance with U.S. regulations.
- When transporting to Mexico or Canada by air or vessel you must comply with international regulations.
- I would have to do further research to determine if the exception for alcoholic beverages exists in the international regulations and those of Mexico. I can do this under my consulting services.
Please contact me if you have any further questions.
He did:
I will sure do (awaiting some other info).
So finally, when above 250 L (say 350 L), as per original question, could you refer me to the applicable US regulation…?
Other than that will await the other issues pending (e.g., insurance).
You have been most helpful and appreciated.
A:
See below.
- If greater than 250 L in a single container then you must ship as fully regulated hazmat.
- Refer to the Hazardous Materials Table (49 CFR 172.101) entry for Alcoholic beverages.
- Authorized packaging is indicated in column 8b.
- Special provisions in column 7.
- HazMat label in columns 3 & 6
- Requirements for package marks, labels, placards, and shipping papers are in 49 CFR part 172.
Also, you must have HazMat Employee training required by USDOT prior to performing a regulated function. My next HazMat Employee training webinar is always coming up: My Webinar Training Schedule.
Please contact me if you have any other questions.
That seemed to do it. But on February 12, 2018 I checked back in:
Please let me know if you have any other questions for me.
He did:
Hi Daniel and thank you for the follow up and request.
To be honest two items remain unresolved, in a sense.
The research was in order to deal with insurance companies. To be clear about the status of we are requesting insurance for.
By and large we were answered by you. However, we would love to have simple language description of what is required if the container (read, barrel) is over 250 L. What exact security measures are required rather than referal to paragraphs etc.
as well, after we talked again to the insurer they expressed understanding but said that the need also to consult with the Maritime transportation code (as we looked into seafaring the goods as well).
Once clear on that, the complete picture could, indeed, be of value to others, other readers etc.
Kind regards,
A:
Perhaps you should contact me via phone to discuss in more detail.
- An alcoholic beverage of more than 250 L is subject to full regulation of the USDOT/PHMSA when transported within the U.S.
- Hazmat transportation requirements include but are not limited to:
- Classification of Haz<at.
- Selection of packaging that is authorized by regulations, meets DOT specifications, complies with general requirements, and is filled and closed per the manufacturer’s instructions.
- Application of hazard communication methods: package marks, hazmat labels, shipping papers, and placards for vehicle if applicable.
- HazMat Employee training for applicable personnel (HazMat Employee training is what I do!)
- Load securement and segregation.
- While there are HazMat Security provisions within USDOT/PHMSA regulations – both “in-depth” and “general awareness” – only the general awareness security training requirements will apply to a hazmat of this type and packaging size.
- The transportation of dangerous goods (aka: HazMat) by vessel in international waters is subject to the International Maritime Organization Dangerous Goods Code, which is similar to USDOT/PHMSA regulations but not exactly the same.
Please contact me with any further question.
Q:
Hi Daniel and, as always, thanks for the helpful input!
At the same time, the Int’. Maritime Code being “similar to USDOT/PHMSA regulations but not exactly the same” does it entail that barrels under 250L are exempt from any hazmat handling as per land transport?
Thankful again,
A:
The IMDG Code has a special provision for alcoholic beverages (24% to 70% alcohol) that exempts from regulation packagings of 250 L or less.
Further research will be necessary but I suspect the regulations for the transport of this hazmat by highway, rail, or vessel (international or domestic) are the same. Transport by air is a whole different story.
Let me know how I can help you.
And that seemed to do it!
As can be seen from this exchange, I stand ready to help anyone comply with the regulations for the transport of hazardous materials / dangerous goods. Of course, what I prefer to do is training and consulting where I get paid, but these types of questions keep me sharp. So don’t hesitate to send me yours!
