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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

FMSCA Code CA

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