Interpretation ID: aiam3419
Midwest Polychem
Ltd.
1920 S. Kilbourn Avenue
Chicago
IL 60623;
Dear Mr. Ardent: This responds to your recent letter asking whether the packaging sea of a brake fluid container you intend to market would comply with Safety Standard No. 116.; Safety Standard No. 116, *Brake Fluids* (49 CFR 571.116), specifie performance and labeling requirements for motor vehicle brake fluids and their containers. Paragraph S5.2.1 of that standard sets forth specific requirements for container sealing of brake fluid packages:; >>>Each brake fluid or hydraulic system mineral oil container with capacity of 6 fluid ounces or more shall be provided with a resealable closure that has an inner seal impervious to the packaged brake fluid. The container closure shall include a tamper-proof feature that will either be destroyed or substantially altered when the container closure is initially opened.<<<; The tamper-proof feature on your proposed brake fluid package consist basically of a simple piece of adhesive that is connected between the container cap and the container cylinder. This piece of adhesive is torn in half when the cap is removed from the container, and it appears that the adhesive could not be removed from the container intact. Therefore, strictly speaking, the adhesive feature meets the requirements of S5.2.1 that the tamper-proof feature 'either be destroyed or substantially altered when the container closure is initially opened.' There may be some question whether the adhesive feature is actually tamper-proof, however, since the adhesive could be totally removed from the container without leaving any indication. Nevertheless, since the standard does not define the term 'tamper-proof,' we would have to say that your adhesive seal complies with the requirements of Safety Standard No. 116.; We believe that you should make an effort to improve the design of thi tamper-proof feature, even though it might meet the 'letter of the law' as far as Safety Standard No. 116 is concerned. For example, the adhesive seal should be more difficult to remove, or it should bear some legend indicating that the package has been opened if the seal is broken. We hope that you will voluntarily make these design improvements.; I would like to point out that this letter only represents the agency' opinion based on the information supplied in your letter. The agency does not grant prior approval of the design of motor vehicles or equipment. It is up to the manufacturer to make the final determination whether its vehicles or equipment are in compliance with all applicable Federal motor vehicle safety standards, and to certify that compliance.; Sincerely, Frank Berndt, Chief Counsel