New Shipping Regs. for 60mg & Above Nic Base & Flammable Flavorings

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JCinFLA

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I did a quick Google search on DOT - Class 6.1 Toxic - Packing Group lll. Got a lot of results, and clicked on 1 of them that went here:

http://environmentalchemistry.com/yogi/hazmat/placards/class6.html

On that page you can find some info on it. Then, you can find more info. on what Class 6 Chemicals are (including Nicotine), and what Packing Group III is, and their shipping limits, on this page:

http://environmentalchemistry.com/yogi/hazmat/placards/class6-chemicals.html

In the chart, various forms of Nicotine are about 1/2 way down the page. In 2 of the columns, it tells how much can be carried on passenger aircraft/rail, and then how much on cargo aircraft only. The limit on passenger aircraft/rail is definitely much much smaller.

I'm sure there's much more info. on many other websites. That was just found looking quickly at only 1 of them.
 

Sugar_and_Spice

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Did you check the DOT for info. relating to "Class 6.1 Toxic - Packing Group lll" mentioned in their email? Or the FAA's own website about what can be sent as cargo on planes? Just wondering if it can be found there?

After I posted initially, I called both Nicotine River and Wizard Labs, to ask for more info. on the above. I wanted to know specifically, when those regulations would take effect.

The guy I spoke with at Nicotine River said they're already in place, and are to be followed now, otherwise there can be a huge fine for not doing so. He went on to say they, NicotineRiver, had been fined $74,000 by the FAA for not following them! Said there's NO way they'll not strictly adhere to them after that! I assume that's true, because the following was also in their email, but I didn't post it as part of my initial post:

"THESE CHANGES ARE NOT OUR CHOICE. THESE ARE THE LAWS AND THE PENALTIES AND FINES ARE SEVERE FOR NOT FOLLOWING THE ABOVE SHIPPING GUIDELINES.

IF THERE ARE OTHER VENDORS THAT RESELL THESE FLAVORS OR CARRYING THESE NICOTINE STRENGTHS AND HAVE NOT MADE THESE CHANGES YET - THEY WILL SOON, OR GET HEAVILY FINED - TRUST US."

I was told that the lady I would need to talk to about the regs. at Wizard Labs, was in a meeting, and she'll call me back tomorrow.
I wonder if NR first received a warning letter before being levied such a hefty fine? Even the FDA sends warnings letters out for underage selling of cigarettes and/or vape supplies. And generally if business is in violation of such and such law they are usually warned first and told of fines they would incur if they don't heed the warning.
:)
 
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IDJoel

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Using @dobroeutro 's link (relevant[?] info on "Page 6"/PDF page 7; near the bottom); I think I found the dry legal-eze here:
On dobroeutro's link; the pertinent part looks like this:
upload_2016-12-22_3-19-3.png

A quick google search for the appropriate HMR reference number (I used "HMR 173.120/121") which led me to this link: 49 CFR 173.120 - Class 3-Definitions.

Scroll about 3/4 of the way down and you will see the first section highlighted in faded yellow and looks like this:
upload_2016-12-22_3-30-16.png

For flavor concentrates (Class 3; Flammable/Combustible Liquids): select the two with the red dashes (mine; won't appear on actual link) media type of your choice on the right column.

For nicotine concentrates (Class 6;Poisonous Materials/Infectious Substances): select the three with the blue dashes (mine; won't appear on actual link) media type of your choice on the right column.

Happy reading!
 

retired1

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There was no information in their email, that says when these changes take effect.

Technically, this has been in effect for some time now. TFA/TPA has been marking some of their flavors as flammable for a long time, with the same shipping restrictions.

What I don't understand is why they claim FedEx will not accept HAZMAT items for shipping. DOT regulations state that HAZMAT placarding and paperwork isn't required for non-bulk items weighing less than 1001 pounds. I can see the USPS not wanting to ship as they've traditionally been whimps when it comes to certain materials, but the claim that FedEx can't ship is rather perplexing.
 

Kenna

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I searched on your language plus the word nicotine and found no .gov page about this. So a company got fined $74,000 by the FDA for selling vape products and it didn't make the news? That's another surprise. How do the people who sell these products learn about new rules? These days it has to be online by a government source. So where is it?
The fine was from the FAA, not the FDA.

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JCinFLA

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What I don't understand is why they claim FedEx will not accept HAZMAT items for shipping. DOT regulations state that HAZMAT placarding and paperwork isn't required for non-bulk items weighing less than 1001 pounds. I can see the USPS not wanting to ship as they've traditionally been whimps when it comes to certain materials, but the claim that FedEx can't ship is rather perplexing.

Maybe it's not that FEDEX will not accept HAZMAT items for shipping, but that the FAA has stated they may not ship more than a specified amount, or Nic level, by passenger carrying aircraft/rail any more? I don't know. The limits shown for how many liters of liquid Nicotine may be shipped that way (on what I linked to previously) is as small as 5L for some forms/types of nicotine, but higher for cargo aircraft only.
 

retired1

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Maybe it's not that FEDEX will not accept HAZMAT items for shipping, but that the FAA has stated they may not ship more than a specified amount, or Nic level, by passenger carrying aircraft/rail any more? I don't know. The limits shown for how many liters of liquid Nicotine may be shipped that way (on what I linked to previously) is as small as 5L for some forms/types of nicotine, but higher for cargo aircraft only.

FedEx does ground shipping as well which is why I'm a bit perplexed as to why they're not an option.
 

Kenna

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This is rather odd, because I haven't heard a peep from any of my vendors on the nic hazmat thing. It makes me wonder if the OP's vendor had a package leak in transit or something.
MFS stopped shipping 200mg nic for awhile at the beginning of this year because they had to go through hazmat training. Don't know if they resumed.

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JCinFLA

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FedEx does ground shipping as well which is why I'm a bit perplexed as to why they're not an option.

When I spoke to the NR guy yesterday, I mentioned that as well, and asked him about it. He simply said, "No, UPS Ground is the only option we have."
 

IDJoel

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I wonder if it could be purely a financial decision? On TFA's website>FAQs>"What are Hazmat Fees?", they provide a link to a UPS table. In the table> page 3 > second row (see screenshot below); they mention the requirement of an additional "UPS Dangerous Goods Agreement (contract) in effect." I imagine that sports a substantial cost. If FedEx, DHL, or whomever has similar requirements it may just not make good business sense to duplicate this cost solely for the sake of offering "choices" to the consumer.
upload_2016-12-22_13-47-5.png
 

sofarsogood

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When I spoke to the NR guy yesterday, I mentioned that as well, and asked him about it. He simply said, "No, UPS Ground is the only option we have."
An employee of a vendor company is going to know what he is told and that's intended to guide him in his job. The generalizations he is given may have limited value helping us understand the bigger picture. It seems unlikely that UPS has some sort of monopoly on this kind of shipment but this vendor has decided to go that way regardless.
 

JCinFLA

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An employee of a vendor company is going to know what he is told and that's intended to guide him in his job. The generalizations he is given may have limited value helping us understand the bigger picture.

I don't think it was an employee of the company. I highly doubt that just an employee would share the info. on NR being fined $74,000 recently. I had to wait to speak with 1 certain person to get any info. on what was in the emails from the company owner.

But...if you'd like clarification on anything I've posted here from the emails the company owner sent out, or info. that I was told over the phone...why not just call them yourself? I'm sure if they spoke to me about it, they'd speak to someone else, too!
 
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