California Code of Regulations
Title 17 - Public Health
Division 3 - Air Resources
Chapter 1 - Air Resources Board
Subchapter 8.5 - Consumer Products
Article 3 - Aerosol Coating Products
Section 94521 - Definitions

Universal Citation: 17 CA Code of Regs 94521

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) For the purposes of this article, the following definitions apply:

(1) "Adhesive" means a product used to bond one surface to another by attachment.

(2) "Aerosol Coating Product" means a pressurized coating product containing "Pigment" or "Resin" that dispenses product ingredients by means of a propellant, and is packaged in a disposable aerosol container for hand-held application, or for use in specialized equipment for ground traffic/marking applications. An "Aerosol Coating Product" may include other "Coating Solid" ingredients. "Aerosol Coating Product" does not include products subject to the Consumer Products Regulation, sections 94507-94517 or the Antiperspirants and Deodorants Regulation, sections 94500-94506.5.

(3) "Antimicrobial Compound" means any ingredient added to an "Aerosol Coating Product" exclusively to prevent microbial growth or product spoilage.

(4) "Anti-Static Product" means a product that is designed and labeled to eliminate, prevent, or inhibit the accumulation of static electricity.

(5) "Art Fixative or Sealant" means a clear "Aerosol Coating Product," including art varnish, workable art fixative, and ceramic coating, which is designed and labeled exclusively for application to paintings, pencil, chalk, or pastel drawings, ceramic art pieces, or other closely related art uses, in order to provide a final protective coating or to fix preliminary stages of artwork while providing a workable surface for subsequent revisions.

(6) "ASTM" means ASTM International.

(7) "Auto Body Primer" means an "Aerosol Coating Product" designed and labeled exclusively to be applied to a vehicle body substrate to provide corrosion resistance or to build a repair area to a condition in which, after drying, can be sanded to a smooth surface.

(8) "Automotive Bumper and Trim Product" means an "Aerosol Coating Product," including adhesion promoters and chip sealants, designed and labeled exclusively to repair and refinish automotive bumpers and automotive plastic trim parts.

(9) "Aviation Propeller Coating" means an "Aerosol Coating Product" designed and labeled exclusively to provide abrasion resistance and corrosion protection for aircraft propellers.

(10) "Aviation or Marine Primer" means an "Aerosol Coating Product" designed and labeled exclusively to meet federal specification TT-P-1757.

(11) "Base Reactive Organic Gas Mixture" (Base ROG Mixture) means the mixture of reactive organic gases utilized in deriving the MIR scale.

(12) "Belt Dressing" means a product applied to vehicular fan belts, water pump belting, power transmission belting, or industrial and farm machinery belting to prevent slipping, or to extend belt life.

(13) "Cleaner" means a product designed and labeled primarily to remove soil or other contaminants from surfaces.

(14) "Clear Coating" means an "Aerosol Coating Product" which is colorless or transparent, containing resins but no pigments except flatting agents, and is designed and labeled to form a transparent or translucent solid film.

(15) "Coating" means a material applied onto or impregnated into a substrate for protective, decorative, or functional purposes.

(16) "Coating Solid" means any nonvolatile ingredient of an "Aerosol Coating Product."

(17) "Commercial Application" means the use of an "Aerosol Coating Product" in the production of goods, or the providing of services for profit, including touch-up and repair.

(18) "Corrosion Resistant Brass, Bronze, or Copper Coating" means a clear "Aerosol Coating Product" designed and labeled exclusively to prevent tarnish and corrosion of uncoated brass, bronze, or copper metal surfaces.

(19) "Distributor" means any person to whom an "Aerosol Coating Product" is sold or supplied for the purposes of resale or distribution in commerce, except that manufacturers, retailers, and consumers are not distributors.

(20) "Dye" means a product containing no resins which is used to color a surface or object without building a film.

(21) "Electrical/Electronic/Conformal Coating" means an "Aerosol Coating Product" designed and labeled exclusively to coat electrical or electronic components or devices.

(22) "Engine Coating" means an "Aerosol Coating Product" designed and labeled exclusively to coat engines and their components.

(23) "Exact Match Finish" means an "Aerosol Coating Product" which meets all of the following criteria:
(A) the product is labeled with the manufacturer's name for which they were formulated; and

(B) the product is labeled with one of the following:
1. the original equipment manufacturer's (O.E.M.) color code number;

2. the color name; or

3. other designation identifying the specific O.E.M. color to the purchaser.

(24) "Exact Match Finish, Automotive" means an "Aerosol Coating Product" which meets the definition of "Exact Match Finish" and is designed and labeled exclusively to exactly match the color of an original, factory-applied automotive coating during the touch-up of automobile finishes. Notwithstanding the foregoing, automotive clear coatings designed and labeled exclusively for use over automotive exact match finishes to replicate the original factory applied finish are "Exact Match Finish, Automotive" products.

(25) "Exact Match Finish, Engine" means an "Aerosol Coating Product" which meets the definition of "Exact Match Finish" and is designed and labeled exclusively to exactly match the color of an original, factory-applied engine coating.

(26) "Exact Match Finish, Industrial" means an "Aerosol Coating Product" which meets the definition of "Exact Match Finish" and is designed and labeled exclusively to exactly match the color of an original, factory-applied industrial coating during the touch-up of manufactured products.

(27) "Executive Officer" means the Executive Officer of the California Air Resources Board (CARB or ARB) or their delegate.

(28) "Extender" means an ingredient added to an "Aerosol Coating Product" to increase coating solids.

(29) "Flat Coating" means an "Aerosol Coating Product" which, when fully dry, registers specular gloss less than or equal to 15 on an 85o gloss meter, or less than or equal to 5 on a 60o gloss meter, or which is labeled as a flat coating. A "Flat Coating" that prominently displays on the "Principal Display Panel" that the product is a dual function paint and primer, and is packaged in a single aerosol container, is a "Flat Coating."

(30) "Flatting Agent" means an ingredient added to a coating to reduce the gloss of the coating without adding color to the coating.

(31) "Flexible Coating" means an "Aerosol Coating Product" designed and labeled exclusively to provide a flexible coating to protect surfaces. "Flexible Coating" includes, but is not limited to, rubberized, mastic, or asphaltic products. "Flexible Coating" does not include "Undercoating" as defined in section 94508(a).

(32) "Floral Coating" means an "Aerosol Coating Product" designed and labeled exclusively for use on fresh flowers, dried flowers, or other items in a floral arrangement for the purposes of coloring, preserving or protecting their appearance.

(33) "Fluorescent Coating" means an "Aerosol Coating Product" labeled as a fluorescent coating, which converts absorbed incident light energy into emitted light of a different hue.

(34) "Fragrance" means a substance or complex mixture of aroma chemicals, natural essential oils, and other functional components with a combined vapor pressure not in excess of 2 mm of Hg at 20°C, the sole purpose of which is to impart an odor or scent, or to counteract a malodor.

(35) "General Coating" means the following aerosol coating products: "Clear Coating," "Flat Coating," "Fluorescent Coating," "Metallic Coating," "Nonflat Coating," or "Primer."

(36) "Glass Coating" means an "Aerosol Coating Product" designed and labeled exclusively for use on glass or other transparent material to create a soft, translucent light effect, or to create a tinted or darkened color while retaining transparency.

(37) "Ground Traffic/Marking Coating" means an "Aerosol Coating Product" designed and labeled exclusively to be applied to dirt, gravel, grass, concrete, asphalt, warehouse floors, or parking lots. Ground Traffic/Marking coatings must be in a container equipped with a valve and sprayhead designed to direct the spray toward the surface when the can is held in an inverted vertical position.

(38) "High Temperature Coating" means an "Aerosol Coating Product" designed and labeled exclusively for application to substrates exposed continuously or intermittently to temperatures above 204°C (400°F) . "High Temperature Coating" does not include "Engine Coating."

(39) "Hobby/Model/Craft Coating" means an "Aerosol Coating Product" which is designed and labeled exclusively for hobby applications and is sold in aerosol containers of 6 ounces by weight or less.

(40) "Ingredient" means a component of an "Aerosol Coating Product."

(41) "Ink" means a fluid or viscous substance used in the printing industry to produce letters, symbols or illustrations, but not to coat an entire surface.

(42) "Label" means any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on, or appearing upon any consumer product or consumer product package, for purposes of branding, identifying, or giving information with respect to the product or to the contents of the package.

(43) "Layout Fluid" (or toolmaker's ink) means an "Aerosol Coating Product" designed and labeled exclusively to be sprayed on metal, glass or plastic, to provide a glare-free surface on which to scribe designs, patterns or engineering guide lines prior to shaping the piece.

(44) "Leather Preservative or Cleaner" means a leather treatment material applied exclusively to clean or preserve leather.

(45) "Lubricant" means a product that reduces friction, heat, noise, or wear between moving parts, or loosens rusted or immovable parts or mechanisms.

(46) "Manufacturer" means any person who imports, manufactures, assembles, produces, packages, repackages, or relabels a consumer product.

(47) "Marine Spar Varnish" means an "Aerosol Coating Product" designed and labeled exclusively to provide a protective sealant for marine wood products.

(48) "Maskant" means a product applied directly to a component to protect surface areas from damage during fabrication, inspection, or shipment and must not leave a residue when removed.

(49) "Maximum Incremental Reactivity" (MIR) means the maximum change in weight of ozone formed by adding a compound to the "Base ROG Mixture" per weight of compound added, expressed to hundredths of a gram (g O3/g ROC). MIR values for individual compounds and hydrocarbon solvents are specified in sections 94700 and 94701, Title 17, California Code of Regulations.

(50) "Metallic Coating" means an "Aerosol Coating Product" which contains at least 0.5 percent by weight metallic pigment in the formulation, including propellant, and is labeled as "metallic," or with the name of a specific metallic finish such as "gold," "silver," or "bronze." A "Metallic Coating" that prominently displays on the "Principal Display Panel" that the product is a dual function paint and primer, and is packaged in a single aerosol container, is a "Metallic Coating."

(51) "Mold Release Coating" means an "Aerosol Coating Product" designed and labeled exclusively to be applied to molds to prevent products from sticking to the surfaces of the mold.

(52) "Multi-component Kit" means an "Aerosol Coating Product" system which requires the application of more than one component (for example, foundation coat and top coat), where both components are sold together in one package.

(53) "Nonflat Coating" means an "Aerosol Coating Product" which, when fully dry, registers a specular gloss greater than 15 on an 85° gloss meter or greater than 5 on a 60° gloss meter, or which is labeled as a nonflat coating. A "Nonflat Coating" that prominently displays on the "Principal Display Panel" that the product is a dual function paint and primer, and is packaged in a single aerosol container, is a "Nonflat Coating."

(54) "Ozone" means a colorless gas with a pungent odor, having the molecular form O3.

(55) "Photograph Coating" means an "Aerosol Coating Product" designed and labeled exclusively to be applied to finished photographs to allow corrective retouching, protection of the image, changes in gloss level, or to cover fingerprints.

(56) "Pigment" means a "Coating Solid" of either natural or synthetic insoluble material added to a coating to provide color, opacity, or corrosion inhibition to a coating film.

(57) "Plasticizer" means an ingredient added to an "Aerosol Coating Product" to aid in flexibility.

(58) "Pleasure Craft" means privately owned vessels used for noncommercial purposes.

(59) "Pleasure Craft Finish Primer/Surfacer/Undercoater" means an "Aerosol Coating Product" designed and labeled exclusively to be applied prior to the application of a "Pleasure Craft Topcoat" for the purpose of corrosion resistance or adhesion of the topcoat, and which promotes a uniform surface by filling in surface imperfections.

(60) "Pleasure Craft Topcoat" means an "Aerosol Coating Product" designed and labeled exclusively to be applied to a "Pleasure Craft" as a final coat above the waterline and below the waterline when stored out of water.

(61) "Polyolefin Adhesion Promoter" means an "Aerosol Coating Product" designed and labeled exclusively to be applied to a polyolefin or polyolefin copolymer surface of vehicular body parts, bumpers, or trim parts to provide a bond between the surface and subsequent topcoats.

(62) "Primer" means an "Aerosol Coating Product" labeled as a primer, which is designed and labeled to be applied to a surface to provide a bond between that surface and subsequent coats.

(63) "Principal Display Panel or Panels" means that part, or those parts of a label that are so designed as to most likely be displayed, presented, shown or examined under normal and customary conditions of display or purchase. Whenever a principal display panel appears more than once, all requirements pertaining to the "Principal Display Panel" shall pertain to all such "Principal Display Panels."

(64) "Product-Weighted MIR" (PWMIR) means the sum of all weighted-MIR for all ingredients in an "Aerosol Coating Product." The PWMIR is the total product reactivity expressed to hundredths of a gram of ozone formed per gram of product (excluding container and packaging) and calculated according to the following equations:
(a) Weighted MIR (Wtd-MIR) ingredient = MIX x Weight fraction ingredient, and,

(b) Product Weighted MIR = (Wtd-MIR)1 + (Wtd-MIR)2 +...+ (Wtd-MIR)n

where,

MIR=ingredient MIR, as specified in section 94522(i);
Wtd-MIR=MIR of each ingredient in a product multiplied by the weight fraction of that ingredient, as shown in (a);
1,2,3,...,n=each ingredient in the product up to the total n ingredients in the product.

(65) "Propellant" means a liquefied or compressed gas that is used in whole or in part, to expel a liquid or any other material from the same self-pressurized container or from a separate container.

(66) "Reactivity Limit" means the maximum ozone forming potential of ingredients (excluding container and packaging) allowed in an "Aerosol Coating Product," expressed as the PWMIR.

(67) "Reactive Organic Compound (ROC)" means any compound containing at least one atom of carbon and that has the potential, once emitted, to contribute to ozone formation in the troposphere.

(68) "Resin" means a "Coating Solid" that comprises the film-forming ingredients in an "Aerosol Coating Product." Examples of resin ingredients include acrylic, alkyd, enamel, epoxy, lacquer, polyurethane, polyvinyl chloride, shellac, silicone, and polystyrene.

(69) "Responsible Party" means the company, firm, or establishment which is listed on the product's label. If the label lists two companies, firms or establishments, the responsible party is the party which the product was "manufactured for" or "distributed by", as noted on the label.

(70) "Retailer" means any person who sells, supplies, or offers aerosol coating products for sale directly to consumers.

(71) "Retail Outlet" means any establishment where consumer products are sold, supplied, or offered for sale, directly to consumers.

(72) "Rust Converter" means an "Aerosol Coating Product" designed and labeled exclusively to convert rust to an inert material and which contains a minimum acid content of 1.0 percent by weight, and a maximum coating solids content of 6.0 percent by weight.

(73) "Specialty Coating" means any "Aerosol Coating Product" that is not a "General Coating" unless specifically exempted as specified in section 94523. An aerosol coating that does not meet all the criteria for a specific "Specialty Coating" or an aerosol coating that is not defined in this section 94521(a) is a "General Coating."

(74) "Shellac Sealer" means a clear or pigmented "Aerosol Coating Product" formulated solely with the resinous secretion of the lac beetle (Laccifer lacca), thinned with alcohol, and formulated to dry by evaporation without a chemical reaction.

(75) "Slip-resistant/Non-slip Grip Coating" means an "Aerosol Coating Product" (A) designed and labeled exclusively as a slip-resistant coating, which is formulated with grit and used as a safety coating; or (B) labeled exclusively as a non-slip grip coating designed to reduce or prevent slipping.

(76) "Spatter/Multicolor/Stucco Coating" means an "Aerosol Coating Product" (A) labeled exclusively as a spatter coating which produces spots, globules, or spatters of individual or contrasting colors appear on or within the surface of a contrasting or similar background; or (B) labeled exclusively as a multicolor coating; or (C) labeled exclusively as a stucco coating that is made from a mixture of Portland cement, sand, and lime.

(77) "Two Component Coating" means an "Aerosol Coating Product" packaged in an aerosol container with a separate integrated chamber for the hardener or activator.

(78) "Uniform Finish Coating" means an "Aerosol Coating Product" designed and labeled exclusively for application to the area adjacent to a spot repair for the purpose of blending the spot repair's color or clear coating to match the appearance of an adjacent area's existing coating. For the purpose of this article, "Spot Repair" means repair of an area of less than 1 square foot (929 square centimeters). "Uniform Finish Coating" includes products labeled as edge blenders.

(79) "Upper-Limit Kinetic Reactivity" (ULKR) means the maximum percentage of the emitted ROC which has reacted. For this article, the ULKR is one hundred percent and is used to calculate the ULMIR.

(80) "Upper-Limit Mechanistic Reactivity" (ULMR) means the maximum gram(s) of ozone formed per gram of ROC reacting. The ULMR is used to calculate the ULMIR.

(81) "Upper-Limit MIR" (ULMIR) means the upper-limit kinetic reactivity (ULKR) multiplied by the upper-limit mechanistic reactivity (ULMR), as calculated using the following equation:

ULMIR = Upper Limit KR x Upper Limit MR.

The units for ULMIR are g O3/g ROC.

(82) "Vinyl/Fabric/Leather/Plastic Coating" means an "Aerosol Coating Product" (A) designed and labeled exclusively to coat vinyl, fabric, leather, or plastic substrates; or (B) designed and labeled exclusively to repel water from fabric or leather substrates. "Vinyl/Fabric/Leather/Plastic Coating" does not include "Fabric Protectant" as defined in section 94508(a).

(83) "Webbing/Veiling Coating" means an "Aerosol Coating Product" designed and labeled exclusively to provide a stranded or spider webbed appearance when applied.

(84) "Weight Fraction" means the weight of an ingredient divided by the total net weight of the product, expressed to thousandths of a gram of ingredient per gram of product (excluding container and packaging). The weight fraction is calculated according to the following equation:

Weight Fraction=Weight of the ingredient
Total product net weight (excluding container and packaging).

(85) "Weld-Through Primer" means an "Aerosol Coating Product" designed and labeled exclusively to provide a bridging or conducting effect for corrosion protection following welding.

(86) "Wood Stain Coating" means an "Aerosol Coating Product" which is designed and labeled exclusively as a wood stain and is used to change the color of a wood surface but not conceal the grain pattern or texture.

(87) "Wood Touch-Up/Repair/Restoration Coating" means an "Aerosol Coating Product" designed and labeled exclusively to provide an exact color or sheen match on finished wood products.

(88) "Working Day" means any day between Monday through Friday, inclusive, except for days that are federal holidays.

1. New section filed 1-8-96; operative 1-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 2).
2. Repealer of subsection (a)(62) and new subsections (a)(62)-(a)(62)(B) filed 2-29-96; operative 3-30-96 (Register 96, No. 9).
3. Amendment of subsection (a)(62)(B) filed 11-18-97; operative 11-18-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 47).
4. Amendment of subsections (a)(20), (a)(22), (a)(24) and (a)(25), new subsection (a)(49), and amendment of subsections (a)(62)(A)-(B) filed 5-25-99; operative 6-24-99 (Register 99, No. 22).
5. New subsections (a)(11), (a)(35), (a)(44), (a)(49), (a)(55), (a)(57), (a)(59)-(60), (a)(69)-(71) and (a)(75) and subsection renumbering filed 6-18-2001; operative 7-18-2001 (Register 2001, No. 25).
6. Amendment filed 9-17-2014; operative 1-1-2015 (Register 2014, No. 38).
7. Amendment of subsection (a)(27) and amendment of NOTE 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 39515, 39516, 39600, 39601, 41503.5, 41511 and 41712, Health and Safety Code. Reference: Sections 39000, 39002, 39003, 39600, 39602, 40000, 41503.5, 41511, 41700 and 41712, Health and Safety Code.

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