Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Most Restrictive Limit.
Except as otherwise provided in section
94522(b), if
anywhere on the container of any aerosol coating product subject to the
specified limits in section
94522(a)(2), or
on any sticker or label affixed thereto, or in any sales or advertising
literature, any representation is made that the product may be used as, or is
suitable for use as a product for which a lower limit is specified, then the
lowest applicable limit shall apply.
(b)
Labeling Requirements.
(1) Each manufacturer of an "Aerosol Coating
Product" subject to this article shall clearly display the following
information on each product container which is manufactured on or after the
earliest effective date for the applicable Reactivity Limit for an aerosol
coating category.
(A) the applicable
Reactivity Limit for the product that is specified in section
94522(a);
and
(B) the aerosol coating
category as defined in section
94521, or an abbreviation of the
coating category.
(2)
Product Dating Requirements
(A) In addition to the labeling requirements
specified in section
94524(b)(1), each
manufacturer of an aerosol coating product subject to section
94522 shall clearly display on
each aerosol coating 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.
(B) A manufacturer who uses the following
code to indicate the date of manufacture shall not be subject to the
requirements of section
94524(b)(2)(E),
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").
(C) The date
of manufacture or code indicating the date of manufacture shall be displayed on
each aerosol coating product container or package no later than twelve months
prior to the effective date of the applicable limit specified in section
94522(a)(2).
(D)
Products Sold in Multi-unit
Packages.
1. Products sold,
supplied, or offered for sale in multi-unit packages are not required to comply
with subsection (b)(2)(E)3.
2. If a
multi-unit package does not comply with subsection (b)(2)(E)3., the
"sell-through" provisions of section
94522(d) 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, 2015, 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 Reactivity Limit 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.
3. A multi-unit package may comply with
subsection (b)(2)(E)3. 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
94522(d).
(E)
Additional Product Dating
Requirements
1. If a manufacturer
uses a code indicating the date of manufacture, for any aerosol coating product
subject to section
94522 an explanation of the code
must be filed with the Executive Officer of the CARB no later than twelve
months prior to use of the code or abbreviation. Thereafter, manufacturers
using a code must file an explanation of the code with the Executive Officer on
an annual basis, beginning January 1, 2015.
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,
2015.
2. If a manufacturer
changes any code indicating the date of manufacture for any aerosol coating
product subject to subsection (b)(2)(E)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. Except as provided (b)(2)(D), the
information required in section
94524(b)(1) and
(b)(2), 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.
4. 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.
5. Codes indicating the date of manufacture
are public information and shall not be claimed as
confidential.
(c)
Reporting Requirements.
(1) Any Responsible Party for an aerosol
coating product subject to this article which is sold, supplied, or offered for
sale in California, must supply the Executive Officer with the following
information within 90 days of the earliest effective date for the applicable
Reactivity Limit for an aerosol coating category: the company name, mailing
address, contact person, email address, and the telephone number of the contact
person.
For a Responsible Party who does not manufacture their
own aerosol coating products, the Responsible Party shall also supply the
information specified in this subsection (c)(1) for those manufacturers which
produce products for the Responsible Party.
The Responsible Party shall also notify the Executive
Officer within 90 days of any change in the information supplied to the
Executive Officer pursuant to this subsection (c)(1).
(2) Upon 90 days written notice, each
manufacturer or Responsible Party subject to this article shall submit to the
Executive Officer a written report with all of the following information for
each product they manufacture under their name or another company's name:
(A) the brand name of the product;
(B) a copy of the product label;
(C) the owner of the trademark or brand
names;
(D) the product category as
defined in section
94521;
(E) the annual California sales in pounds per
year and the method used to calculate California annual sales;
(F) the weight fraction of each ROC present
in amount greater than or equal to 0.1 percent by weight along with its
corresponding MIR value as specified in sections
94700 or
94701;
(G) the weight fraction of ingredients listed
in 94522(i)(2)(A) and 94522(i)(2)(B);
(H) the weight fraction of any other
ingredient that is present in an amount greater than or equal to 0.1 percent by
weight.
(I) any other information
necessary to determine the emissions or the PWMIR of an "Aerosol Coating
Product."
(d)
Treatment of Confidential Information.
All information submitted by manufacturers pursuant to
section 94524 and
94526 shall be handled in
accordance with the procedures specified in Title 17, California Code of
Regulations, sections
91000-91022.
1. New
section filed 1-8-96; operative 1-8-96 pursuant to Government Code section
11343.4(d)
(Register 96, No. 2).
2. Redesignation of former subsection (c)(5)
to new subsection (d) and new subsections (e)-(e)(4)(B) filed 11-18-97;
operative 11-18-97 pursuant to Government Code section
11343.4(d)
(Register 97, No. 47).
3. Repealer of subsections
(c)(2)-(c)(2)(B)4., subsection renumbering, and amendment of subsections (d)
and (e) filed 5-25-99; operative 6-24-99 (Register 99, No. 22).
4.
Amendment filed 6-18-2001; operative 7-18-2001 (Register 2001, No.
25).
5. Amendment filed 9-17-2014; operative 1-1-2015 (Register
2014, No. 38).
6. Amendment of subsection (b)(2)(E)1. 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,
39607,
39701,
41503.5,
41511,
41700
and
41712,
Health and Safety Code. Reference: Sections
39000,
39002,
39003,
39600,
39602,
40000,
41504,
41511,
41700
and
41712,
Health and Safety Code.
