Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Most Restrictive Limit.
(1)
Except as provided below in section
94512(a)(4),
notwithstanding the definition of "product category" in Section
94508, if anywhere on the
container or packaging of any consumer product manufactured on or after January
1, 2007, or any FIFRA-registered insecticide manufactured on or after
January 1, 2008, or on any sticker or label affixed thereto, any
representation is made that the product may be used as, or is suitable for use
as a consumer product for which a lower VOC limit is specified in Section
94509(a), then
the lowest VOC limit shall apply. This requirement does not apply to general
purpose cleaners and insecticide foggers.
(2)
Rule that applies when Product
Category definitions exclude each other.
When determining the applicable VOC standard for a
product that meets the definitions for both "Regulated Category A" and
"Regulated Category B", in circumstances where the definition of "Regulated
Category A" states that it excludes "Regulated Category B", and the definition
of "Regulated Category B" states that it excludes "Regulated Category A," the
product is subject to the VOC standard for whichever regulated category, "A" or
"B," has the lower VOC standard.
For the purposes of this section, a "Regulated Category"
means a category of consumer products that is both:
(A) defined in section
94508(a),
and
(B) has a VOC standard specified
in section
94509(a) for that
product category.
(3)
Notwithstanding the provisions of section
94512(a)(1) and
(2), a product that makes ancillary
disinfecting, sanitizing, or antimicrobial claims on the label is not subject
to the VOC standards for "Disinfectant" or "Sanitizer" if the product is
designed and labeled on the Principal Display Panel as a "Bathroom and Tile
Cleaner," "Carpet/Upholstery Cleaner," "Fabric Refresher," "General Purpose
Cleaner," "Glass Cleaner," "Metal Polish or Cleanser," or "Toilet/Urinal Care
Product."
(4) Pursuant to section
94509(p)(4), the
provisions of section
94512(a)(1), (a)(2), and
(a)(3) shall not apply to nonaerosol
"Multi-purpose Solvent" or "Paint Thinner" product sold, supplied, offered for
sale, or manufactured for use in the South Coast Air Quality Management
District.
(b)
Product Dating
(1) Each
manufacturer of a consumer product subject to Section
94509 shall clearly display on
each consumer product container or package, the day, month, and year on which
the product was manufactured, or a code indicating such date. Codes that
represent a sequential batch number, or that otherwise cannot be attributed to
a specific day, month, and year, do not satisfy this requirement.
(2) A manufacturer who uses the following
code to indicate the date of manufacture shall not be subject to the
requirements of section
94512(c)(1), if
the code is represented separately from other codes on the product container so
that it is easily recognizable:
YY DDD = year year day day day
Where: "YY" = two digits representing the year in which
the product was manufactured, and
"DDD" = three digits representing the day of the year on
which the product was manufactured, with "001" representing the first day of
the year, "002" representing the second day of the year, and so forth (i.e. the
"Julian date").
(3) This
date or code shall be displayed on each consumer product container or package
no later than twelve months prior to the effective date of the applicable
standard specified in section
94509.
(4) Except as otherwise provided in
subsection (b)(5), for products manufactured on or after January 1, 2006, the
date or code shall be displayed on the product container such that it is
readily observable without irreversibly disassembling any portion of the
product container or packaging. For the purposes of this subsection,
information may be displayed on the bottom of a container as long as it is
clearly legible without removing any product packaging.
(5)
Products Sold in Multi-unit
Packages.(A) Products sold,
supplied, or offered for sale in multi-unit packages are not required to comply
with subsection (b)(4).
(B) If a
multi-unit package does not comply with subsection (b)(4), the "sell-through"
provisions of section
94509(c)(1) shall
not apply to the individual product units contained within the multi-unit
package. In other words, if any multi-unit package produced or assembled after
January 1, 2006, does not display the date(s) or date-code(s) of the product
units, such that the displayed information is readily observable without
irreversibly disassembling any portion of the container or packaging, the
individual product units shall be subject to the VOC standards in effect when
the multi-unit package is sold, supplied, or offered for sale, regardless of
the date on which the product units were manufactured.
(C) A multi-unit package may comply with
subsection (b)(4) by displaying the date of assembly instead of the date(s) or
date-code(s) of the individual product units, so long as the date of assembly
is readily observable without irreversibly disassembling any portion of the
container or packaging. The "date of assembly" means the date that the
individual product units are assembled into the finished multi-unit package. If
the date of assembly is displayed instead of the individual date(s) or
date-code(s), the "date of assembly" shall be the "date of manufacture" for all
of the product units contained within the multi-unit package. In other words,
all of the product units shall be deemed to have been manufactured on the date
these units are assembled into the multi-unit package, even if the individual
product units show different date(s) or date-code(s), and the "date of
assembly" shall be "date of manufacture" of each product unit for the purposes
of applying the "sell-through" provisions of section
94509(c).
(6) The requirements of this subsection (b)
shall not apply to:
(A) personal fragrance
products of 2 milliliters or less, which are offered to consumers free of
charge for the purpose of sampling the product; or
(B) products containing no VOCs (as defined
in section
94508), or containing VOCs at
0.10% by weight or less.
(c)
Additional Product Dating
Requirements
(1) If a manufacturer
uses a code indicating the date of manufacture, for any consumer product
subject to section
94509 an explanation of the code
must be filed with the Executive Officer of the ARB no later than twelve months
prior to the effective date of the applicable standard specified in section
94509. Thereafter, manufacturers
using a code must file an explanation of the code with the Executive Officer on
an annual basis, beginning in 2006. The explanation of the code must be
received by the Executive Officer on or before January 31st of each year, with
the first explanation due on or before January 31, 2006.
(2) If a manufacturer changes any code
indicating the date of manufacture for any consumer product subject to
subsection (c)(1), an explanation of the modified code must be received by the
Executive Officer before any products displaying the modified code are sold,
supplied, or offered for sale in California.
(3) No person shall erase, alter, deface, or
otherwise remove or make illegible any date or code indicating the date of
manufacture from any regulated product container without the express
authorization of the manufacturer.
(4) Codes indicating the date of manufacture
are public information and may not be claimed as
confidential.
(d)
Additional Labeling Requirements for Aerosol Adhesive, Adhesive
Remover, Electronic Cleaner, Electrical Cleaner, Energized Electrical Cleaner,
Contact Adhesive, and Sealant or Caulking Compound (nonaerosol).
(1) In addition to the requirements specified
in subsections (a), (b) and (c), both the manufacturer and responsible party
for each aerosol adhesive, adhesive remover, electronic cleaner, electrical
cleaner, energized electrical cleaner, contact adhesive product, and sealant or
caulking compound (nonaerosol) subject to this article shall ensure that all
products clearly display the following information on each product container
which is manufactured on or after the effective date for the category specified
in section
94509(a), except
that for nonchemically curing sealant or caulking compound (nonaerosol), the
effective date of this requirement is December 31, 2010, and for chemically
curing sealant or caulking compound (nonaerosol), the effective date of this
requirement is December 31, 2012:
(A) The
product category as specified in section
94509(a) or an
abbreviation of the category shall be displayed;
(B)
1. The
applicable VOC standard for the product is specified in section
94509(a), except
for Energized Electrical Cleaner, expressed as a percentage by weight, shall be
displayed unless the product is included in an alternative control plan
approved by the Executive Officer, as provided in Article 4, Sections
94540-94555, Title 17, California
Code of Regulations, and the product exceeds the applicable VOC
standard;
2. If the product is
included in an alternative control plan approved by the Executive Officer, and
the product exceeds the applicable VOC standard specified in section
94509(a), the
product shall be labeled with the term "ACP" or "ACP
product;"
(C) If the
product is classified as a special purpose spray adhesive, the applicable
substrate and/or application or an abbreviation of the substrate/application
that qualifies the product as special purpose shall be displayed;
(D) If the manufacturer or responsible party
uses an abbreviation as allowed by this subsection
94512(d)(1)(A),
an explanation of the abbreviation must be filed with the Executive Officer
before the abbreviation is used.
(2) The information required in section
94512(d)(1),
shall be displayed on the product container such that it is readily observable
without removing or disassembling any portion of the product container or
packaging. For the purposes of this subsection, information may be displayed on
the bottom of a container as long as it is clearly legible without removing any
product packaging.
(3) No person
shall remove, alter, conceal, or deface the information required in section
94512(d)(1) prior
to final sale of the product.
(e)
Additional Requirements for
Multi-purpose Solvent and Paint Thinner.
The following requirements apply in addition to the
requirements specified in section
94512(a), (b), and
(c):
(1) Except as provided below in section
94512(e)(2),
effective December 31, 2010, until December 31, 2017, no person shall sell,
supply, offer for sale, or manufacture for use in California any "Flammable" or
"Extremely Flammable" Multi-purpose Solvent or Paint Thinner named, on the
Principal Display Panel as "Paint Thinner," "Multi-purpose Solvent," "Clean-up
Solvent," or "Paint Clean-up."
(2)
Section 94512(e)(1) does
not apply to products that meet either of the following criteria:
(A) Products which include an attached "hang
tag," sticker, or contrasting square or rectangular area on the Principal
Display Panel that displays, at a minimum, the following statements in a font
size as large as, or larger than, the "signal word" (i.e., "DANGER," "WARNING,"
or "CAUTION") as specified in title 16, Code of Federal Regulations, section
1500.121:
"Formulated to meet California VOC limits; see warnings
on label; Vea las advertencias en la etiqueta, formulado complacientes con
leyes de California" or
(B)
Products where the Principal Display Panel displays, in both English and
Spanish and a font size as large as, or larger than, the font size of all other
words on the Principal Display Panel, excluding the company name, brand name,
and logo, the common name of the chemical compound (e.g., "Acetone," "Methyl
acetate," etc.) that results in the product meeting the criteria for
"Flammable" or "Extremely Flammable."
(3) For the purposes of this subsection (e),
a product is "Flammable" or Extremely Flammable" if it is labeled as
"Flammable" or "Extremely Flammable" on the product container, or if the
product meets the criteria for these terms specified in title16, Code of
Federal Regulations, section
1500.3(c)(6).
(f)
Record Retention Requirements for
Energized Electrical Cleaner Sales Information
(1) Beginning on January 1, 2023, all
establishments identified as an "Automotive Parts and Accessories Store" or by
code 441310 in NAICS, that sell, supply, or offer for sale in California,
Energized Electrical Cleaner products, shall maintain any records that such
establishments already routinely generate for such activity which indicate the
date of sale, the name and manufacturer of the product, the quantity sold, and,
the name and address of the facility or business to which the product is sold,
if applicable. Said establishments shall maintain any such records for at least
five years from the date of sale. Such records shall be made available within
10 business days to the Executive Officer, upon request, pursuant to subsection
94508(a)(40)(C).
For the purposes of this provision, NAICS means the North
American Industry Classification System United States, 2017, Executive Office
of the President, Office of Management and Budget, which is incorporated by
reference herein.
1. New
section filed 9-19-91; operative 10-21-91 (Register 92, No. 12).
2.
Amendment filed 12-7-92; operative 1-6-93 (Register 92, No. 50).
3.
Amendment filed 11-18-97; operative 11-18-97 pursuant to Government Code
section
11343.4(d)
(Register 97, No. 47).
4. Amendment of subsections (b), (b)(2) and
(c) filed 7-17-98; operative 8-16-98 (Register 98, No. 29).
5. New
subsections (d)-(d)(3) filed 4-18-2001; operative 5-18-2001 (Register 2001, No.
16).
6. Amendment filed 6-20-2005; operative 7-20-2005 (Register
2005, No. 25).
7. Amendment of subsection (a)(3) filed 11-8-2007;
operative 12-8-2007 (Register 2007, No. 45).
8. Amendment of
subsections (b)(1), (d)-(d)(1) and (d)(1)(D) filed 6-18-2009; operative
7-18-2009 (Register 2009, No. 25).
9. New subsections (e)-(e)(3)
filed 9-20-2010; operative 10-20-2010 (Register 2010, No. 39).
10.
Repealer of subsection (a)(3), new subsections (a)(3)-(4) and amendment of
subsections (d)-(d)(1) filed 11-10-2011; operative 12-10-2011 (Register 2011,
No. 45).
11. Repealer of subsection (a)(1), subsection renumbering,
amendment of newly designated subsections (a)(1) and (a)(3), new subsection
(a)(4) and amendment of subsections (e)(1) and (e)(2)(A)-(B) filed 9-17-2014;
operative 1-1-2015 (Register 2014, No. 38).
12. New subsections
(f)-(f)(1) filed 8-1-2022; operative 8-1-2022 pursuant to Government Code
section
11343.4(b)(3)
(Register 2022, No. 31). The one year deadline in Government Code section
11346.4(b)
and the filing deadline specified in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-71-20.
Note: Authority cited: Sections
39600,
39601
and
41712,
Health and Safety Code. Reference: Sections
39002,
39600,
40000
and
41712,
Health and Safety Code.
