FMSCA Regulation 372.115
372.115 Commodities that are not exempt under 49 U.S.C. 13506(a)(6).
49 U.S.C. 13506(a)(5) provides an exemption from regulation for motor vehicles used in carrying ordinary livestock, fish, and unmanufactured agricultural commodities. Certain specific commodities have been statutorily determined to be non-exempt. Administrative Ruling No. 133, which is reproduced below, is a list of those commodities that are non-exempt by statute.
ADMINISTRATIVE RULING NO. 133
LIST OF COMMODITIES THAT ARE NOT EXEMPT BY STATUTE UNDER 49 U.S.C. 13506(a)(6)
- Animal fats
- Butter
- Canned fruits and vegetables
- Carnauba wax as imported in slabs or chunks
- Cattle, slaughtered
- Charcoal
- Cheese
- Coal
- Cocoa beans
- Coffee, beans, roasted, or instant
- Copra meal
- Cotton yarn
- Cottonseed cake or meal
- Diatomaceous earth
- Dinners, frozen
- Feeds:
- Alfalfa meal
- Alfalfa pellets
- Beet pulp
- Bran shorts
- Copra meal
- Corn gluten
- Distilled corn grain residues, with or without solubles added
- Fish meal
- Hominy feed
- Middlings
- Pelletized ground refuse screenings
- Wheat bran
- Wheat shorts
- Fertilizer, commercial
- Fish:
-
Canned or salted as a treatment for preserving
Cooked or partially cooked fish or shrimp, frozen or unfrozen
Hermetically sealed in containers as a treatment for preserving
Oil from fishes
Preserved, or treated for preserving, such as smoked, salted, pickled, spiced, corned or kippered
-
-
Flagstone
Flaxseed meal
Flour
- Forest products:
- Resin products, such as turpentine
- Fruits and Berries:
-
Bananas, fresh, dried, dehydrated, or frozen
Canned
Frozen
Hulls of oranges after juice extractions
Juice, fruit, plain or concentrated
Pies, frozen
Preserved, such as jam
Purees, strawberry and other, frozen
-
- Grains:
-
Oils extracted from grain
Popcorn, popped
Rice, precooked
Wheat germ
-
-
Gravel
Hair, hog or other animal, product of slaughter of animal
Hay, sweetened with 3 percent molasses by weight
Hemp fiber
Hides, green and salted
Insecticides
Limestone, agricultural
- Livestock:
-
Monkeys
Race horses
Show horses
Zoo animals
-
-
Lumber, rough sawed or planed
Maple syrup
- Meal:
-
Alfalfa
Copra
Cottonseed
Fish
Flaxseed
Linseed
Peanut
Soybean
-
- Meat and meat products, fresh, frozen or canned
- Milk and Cream:
-
Chocolate
Condensed
Sterilized in hermetically sealed cans
-
- Molasses
- Nuts (including peanuts):
-
Peanut meal
Roasted or boiled
-
- Oil, mint
-
Oil, extracted from vegetables, grain, seed, fish or other commodity
Pelts
Pies, frozen
Pigeons, racing
Pulp, beet
Pulp, sugar cane
Rock (except natural crushed, vesicular rock to be used for decorative purposes)
Rubber, crude, in bales
Rubber, latex, natural, liquid, from which water has been extracted and to which ammonia has been added
- Sand
- Seeds:
- Oil extracted from seeds
-
Skins, animal
Soil, potting
Soil, top
Soup, frozen
Sugar
Sugar cane pulp
Sugar raw
Syrup, cane
Syrup, maple
Tea
- Tobacco:
-
Cigars and cigarettes
Homogenized
Smoking
-
- Top Soil
- Trees:
- Sawed into lumber
- Vegetables:
-
Candied sweet potatoes, frozen
Canned
Cooked
French fried potatoes
Oil, extracted from vegetables
Soup, frozen
Soybean meal
-
-
Wool imported from a foreign country
Wool tops and noils
Wool waste (carded, spun, woven, or knitted)
Wool yarn
NOTE 1: Under 49 U.S.C. 13506(a)(6)(D), any listed fish or shellfish product that is not intended for human consumption is exempt .
NOTE 2: Under 49 U.S.C. 13506(a)(6)(E), any listed livestock feed, poultry feed, agricultural seeds, or plants that are transported to a site of agricultural production or to a business enterprise engaged in the sale to agricultural producers of goods used in agricultural production is exempt