Cross contamination during shipping from pallet of New Tires
We shipped sealed food product meant for further processing, wrapped and shrink wrapped. The pallet was placed on a LTL shipment with a pallet of new tires shrink wrapped right next to our pallet. The customer refused the shipment because they are stating the new tires are a hazardous material. We called the freight company and they are stating that there are no regulations stating that the tires are hazardous material. They are not allowing us to file a claim, so we will lose on freight both ways.
Our customer said that the product was unharmed and looked to be in good shape. Any suggestions? Are tire hazardous material? My research hasn't come up with anything stating that they are hazardous.
Summersky,
There is no material about tires being considered a hazmat, because they are not regulated as hazmat by any authority. To me this sounds like a food quality issue rather than a food safety issue. I would ask them for the materials that they use to determine this through their food safety program. My guess is that they didn't want their cans smelling like rubber tires and the odor of a truck is reason enough for someone to refuse a shipment (truck serviceability and cleanliness). They probably believe that the product has been tainted in some way. Vulcanized rubber is used in products all over the world and it directly touches food in a lot of cases. Here is some evidence that your product is fine:
https://www.cdc.gov/niosh/docs/93-106/
Cheers!
Thank you so much for your input! I need to implement a shipper/carrier contract with our freight companies to abide by the SFT Rule. Can you point me in the direction of an example?
The shipping company is correct as far as transportation of hazardous materials goes.
49 CFR 172.8 says:
Hazardous material means a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions in part 173 of this subchapter.
Tires are not listed as a hazardous material in the U.S. Department of Transportation 49 CFR 172.101 Hazardous Materials Table.
This is sort of boilerplate but I think it is a good place to start. You can add addendums to allow for the transportation of materials that are not considered hazardous materials by the US Department of Transportation. Some of the money stuff you can take out. Will this do the trick or would you like some more examples?
Attached Files
I have to also agree with your customer and would have refused the load. New tires (or any for that matter) have a horrible odor that could have infiltrated your product.
Food should travel with food, period. See below for specific examples
SQF
49. No edible meat product shall be transported to or from a registered establishment unless the transport container in which it is transported:
- (a) is constructed of material that is free of any noxious constituent;
- (b) has inside surfaces that are hard, smooth, impervious to moisture, in good repair and clean;
- © is capable of protecting meat products and containers thereof against contamination;
- (d) is equipped, where applicable, to maintain meat products in a refrigerated or frozen state;
- (e) is equipped, where applicable, to prevent meat products from freezing where freezing could adversely affect them; and
- (f) is not being used and has not been used for the transport of animals, control products as defined in the Pest Control Products Act (2002, c. 28) or any other material or substance that might adulterate the meat product.
FDA sanitary transport rule
www.fda.gov/food/guidanceregulation/fsma/ucm383763.htm
www.fda.gov/downloads/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/UCM584453.pdf