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Aerosol products in plastic containers larger than 4 fluid ounces (118 ml), but not to exceed 33.8 fluid ounces (1000 ml), shall be allowed only where in accordance with this section. The commodity classification shall be Class III commodities, as defined in NFPA 13 where any of the following conditions are met:
  1. Base product does not have a fire point where tested in accordance with ASTM D92, and nonflammable propellant.
  2. Base product does not sustain combustion as tested in accordance with Appendix H, "Method of Testing for Sustained Combustibility," in DOTn 49 CFR Part 173, and nonflammable propellant.
  3. Base product contains up to 20 percent by volume (15.8 percent by weight) of ethanol, isopropyl alcohol or a combination thereof in an aqueous mix, and nonflammable propellant.
  4. Base product contains 4 percent by weight or less of an emulsified flammable liquefied gas propellant within an aqueous base. The propellant shall remain emulsified for the life of the product. Where such propellant is not permanently emulsified, the propellant shall be nonflammable.

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