(a)
Definitions. For purposes of this section, the definitions listed
in this subsection shall apply:
(1) "Adhesive"
means any product that is applied for the purpose of bonding two surfaces
together excluding (A) mechanical means such as screws, clamps and Velcro, (B)
products used on humans and animals, and (C) adhesive tape, contact paper,
wallpaper, shelf liners or any other product with an adhesive incorporated onto
or in an inert substrate.
(2)
"Adhesive remover" means a product designed to remove adhesives from either a
specific substrate or a variety of substrates. "Adhesive remover" does not
include products that remove adhesives and are intended for use on humans or
other animals. For the purpose of this definition, "adhesive" means a substance
used to bond one or more materials including, but not limited to, caulks,
sealants or glues.
(3) "Aerosol
adhesive" means an aerosolized bonding product in which the spray mechanism is
permanently housed in a non-refillable can designed for hand-held application
without the need for ancillary hoses or spray equipment. "Aerosol adhesive"
includes special purpose spray adhesive, mist spray adhesive and web spray
adhesive.
(4) "Aerosol cooking
spray" means any aerosol product designed either to reduce sticking on cooking
and baking surfaces or to be applied on food or both.
(5) "Aerosol product" means a pressurized
spray system that dispenses product ingredients by means of a propellant
contained in a product or a product's container, or by means of a mechanically
induced force. "Aerosol product" does not include pump spray.
(6) "Agricultural use" means the use of any
pesticide or method or device for the control of pests in connection with the
commercial production, storage or processing of any animal or plant crop,
exclusive of the sale or use of pesticides in properly labeled packages or
containers that are intended for:
(A) A
household or its immediate environment;
(B) Structural pest control, which includes a
use requiring a license under section
22a-54
of the Connecticut General Statutes;
(C) A manufacturing, mining or chemical
process or in the operation of factories, processing plants and similar sites;
or
(D) Within the lines of, or on
property necessary for the operation of, buildings such as hospitals, schools,
libraries, auditoriums and office complexes.
(7) "Air freshener" means any consumer
product including, but not limited to, sprays, wicks, powders and crystals,
designed for the purpose of masking odors, or freshening, cleaning, scenting or
deodorizing the air including spray disinfectants, dual purpose air freshener
or disinfectant products and other products that are expressly represented for
use as "air freshener." "Air freshener" does not include products that are used
on the human body, products that function primarily as cleaning products,
disinfectant products claiming to deodorize by killing germs on surfaces,
institutional and industrial disinfectants when offered for sale solely through
institutional and industrial channels of distribution, odor removers or
eliminators or toilet or urinal care products.
(8) "All other forms" means all consumer
product forms for which no form-specific VOC standard is specified. Unless
specified in a VOC standard, "all other forms" include, but are not limited to,
solids, liquids, wicks, powders, crystals and cloth, paper wipes or
towelettes.
(9) "Alternative
control plan" or "ACP" means an emissions averaging program approved by CARB or
the NYSDEC.
(10) "Anti-microbial
hand or body cleaner or soap" means a cleaner or soap designed to reduce the
level of microorganisms on the skin through germicidal activity, including, but
not limited to, anti-microbial hand or body washes and cleaners, food-handler
hand washes, healthcare personnel hand washes, pre-operative skin preparations
and surgical scrubs. "Anti-microbial hand or body cleaner or soap" does not
include prescription drug products; antiperspirants; astringent or toner;
deodorant; facial cleaner or soap; general-use hand or body cleaner or soap;
hand dishwashing detergent including anti-microbial, heavy-duty hand cleaner or
soap; medicated astringent or medicated toner; or rubbing alcohol.
(11) "Antiperspirant" means any product
including, but not limited to, an aerosol, roll-on, stick, pump, pad, cream or
squeeze-bottle that is intended by the manufacturer to be used to reduce
perspiration in the human axilla by at least 20 percent in at least 50 percent
of a target population.
(12)
"Anti-static product" means a product that is labeled to eliminate, prevent or
inhibit the accumulation of static electricity, exclusive of electronic
cleaners, floor polish or wax, floor coating, aerosol coating products or
architectural coating.
(13)
"Architectural coating" means, notwithstanding the definition in section
22a-174-1 of the
Regulations of Connecticut State Agencies, a coating applied to stationary
structures and their appurtenances, to mobile homes, to pavements or to
curbs.
(14) "Aromatic compound"
means a carbon-containing compound that contains one or more benzene or
equivalent heterocyclic rings and has an initial boiling point less than or
equal to 280°C. "Aromatic compound" does not include compounds excluded from
the definition of VOC listed in section
22a-174-1 of the
Regulations of Connecticut State Agencies.
(15) "Artist's solvent or thinner" means any
liquid product, labeled to meet ASTM D4236 - 94 (March 1, 2005) Standard
Practice for Labeling Art Materials for Chronic Health Hazards, and packaged in
a container equal to or less than 34 fluid ounces, labeled to reduce the
viscosity of a coating used to create visual art or a component of such a
coating or to remove a coating used to create visual art from a
substrate.
(16) "ASTM" means the
American Society for Testing and Materials.
(17) "Astringent" or "toner" means any
product not regulated as a drug by the United States Food and Drug
Administration that is applied to the skin for the purpose of cleaning or
tightening pores, including clarifiers and substrate-impregnated products and
excluding any hand, face or body cleaner or soap product, medicated astringent
or medicated toner, cold cream, lotion or antiperspirant.
(18) "Automotive brake cleaner" means, for
products manufactured prior to May 1, 2018, a cleaning product designed to
remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle
brake mechanisms.
(19) "Automotive
hard paste wax" means a motor vehicle wax or polish that is:
(A) Designed to protect and improve the
appearance of motor vehicle painted surfaces;
(B) A solid at room temperature;
and
(C) Contains 0% water by
formulation.
(20)
"Automotive instant detailer" means a product designed for use in a pump spray
that is applied to motor vehicle painted surfaces and wiped off prior to being
allowed to dry.
(21) "Automotive
rubbing or polishing compound" means a product designed primarily to remove
oxidation, old paint, scratches or swirl marks and other defects from motor
vehicle painted surfaces without leaving a protective barrier.
(22) "Automotive wax, polish, sealant or
glaze" means a product designed to seal out moisture, increase gloss or
otherwise enhance motor vehicle painted surfaces including, but not limited to,
products designed for use in auto body repair shops and drive-through car
washes, as well as products designed for the general public and excluding
automotive rubbing or polishing compounds, automotive wash and wax products,
surfactant-containing car wash products and products designed for use on
unpainted surfaces such as bare metal, chrome, glass or plastic.
(23) "Automotive windshield cleaner" means a
product labeled and packaged as an automotive windshield cleaner for automotive
use only that is in the form of a moistened towelette designed to be used on
automotive windshields, automotive mirrors and automotive headlights.
"Automotive windshield cleaner" does not include automotive windshield washer
fluid.
(24) "Automotive windshield
washer fluid" means any liquid designed for use in a motor vehicle windshield
washer system either as antifreeze or for the purpose of cleaning, washing or
wetting the windshield, excluding fluids placed by the manufacturer in a new
vehicle.
(25) "Bait station
insecticide" means an insecticidal bait weighing no more than 0.5 ounce and
composed of solid material feeding stimulants with less than five percent
active ingredients that is designed to be ingested by insects.
(26) "Bathroom and tile cleaner" means a
product designed to clean tile or surfaces in bathrooms, exclusive of products
designed primarily to clean toilet bowls, toilet tanks or urinals.
(27) "Brake cleaner" means, for products
manufactured on and after May 1, 2018, a cleaning product designed to remove
oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake
mechanisms.
(28) "Bug and tar
remover" means a product labeled to remove either or both of the following from
painted motor vehicle surfaces without causing damage to the motor vehicle
finish:
(A) Biological-type residues such as
insect carcasses and tree sap; or
(B) Road grime, such as road tar, roadway
paint markings and asphalt.
(29) "CARB" means the California Air
Resources Board.
(30) "CCR" means
the California Code of Regulations.
(31) "Carburetor or fuel-injection air intake
cleaner" means a product designed to remove fuel deposits, dirt or other
contaminants from a carburetor, choke, throttle body of a fuel-injection system
or associated linkages, exclusive of a product designed to be introduced
directly into the fuel lines or fuel storage tank prior to introduction into
the carburetor or fuel injectors, or a product designed or labeled to be
introduced during engine operation directly into air vacuum lines by using an
application device that sprays product under pressure.
(32) "Carpet and upholstery cleaner" means a
cleaning product designed for the purpose of eliminating dirt and stains on
rugs, carpeting, and the interior of motor vehicles or on household furniture
or objects upholstered or covered with fabrics such as wool, cotton, nylon or
other synthetic fabrics including, but not limited to, products that make
fabric protectant claims and excluding general purpose cleaners, spot removers,
vinyl or leather cleaners, dry cleaning fluids or products designed exclusively
for use at industrial facilities engaged in furniture or carpet
manufacturing.
(33) "CAS" means
Chemical Abstract Service.
(34)
"Charcoal lighter material" means any combustible material designed to be
applied on, incorporated in, added to or used with charcoal to enhance
ignition, excluding electrical starters and probes, metallic cylinders using
paper tinder, natural gas, propane or fat wood.
(35) "Colorant" means any pigment or coloring
material used in a consumer product for an aesthetic effect, or to highlight a
component.
(36) "Connecticut sales"
means the annual sales in Connecticut during a specified calendar year of a
consumer product, expressed as net pounds of product less packaging and
container.
(37) "Construction,
panel and floor covering adhesive" means any non-aerosol single-component
adhesive that is not floor seam sealer and that is designed or labeled for the
installation, remodeling, maintenance or repair of:
(A) Structural and building components that
include, but are not limited to, beams, trusses, studs; paneling such as
drywall or drywall laminates, fiberglass-reinforced plastic, plywood, particle
board, insulation board, pre-decorated hardboard and tile board; ceiling and
acoustical tile; molding; fixtures; countertops or countertop laminates; cove
or wall bases; and flooring or subflooring; or
(B) Floor or wall coverings that include, but
are not limited to, wood or simulated wood covering; carpet; carpet pad or
cushion; vinyl-backed carpet; flexible flooring material; non-resilient
flooring material; mirror tiles and other types of tiles; and artificial
grass.
(38) "Consumer"
means any person who purchases or acquires any consumer product for personal,
family, household or institutional use. A person acquiring a consumer product
for resale is not a "consumer" for that product.
(39) "Consumer product" means a chemically
formulated product used by household and institutional consumers including, but
not limited to, antiperspirants; detergents; deodorants; cleaning compounds;
polishes; floor finishes; cosmetics; personal care products; home, lawn and
garden products; disinfectants; sanitizers; aerosol paints; aerosol adhesives
used for consumer, industrial or commercial uses; or automotive specialty
products. Other paint products, furniture coatings or architectural coatings
are not "consumer products."
(40)
"Contact adhesive" means a non-aerosol adhesive that:
(A) Is designed for application to two
surfaces to be bonded together;
(B)
Is designed to dry before the two surfaces are placed in contact with each
other;
(C) Forms an immediate bond
that is impossible, or difficult, to reposition after both adhesive-coated
surfaces are placed in contact with each other;
(D) Does not need sustained pressure or
clamping of surfaces after the adhesive-coated surfaces have been brought
together using sufficient momentary pressure to establish full contact between
both surfaces;
(E) Is not a rubber
cement primarily intended for use on paper substrates; and
(F) Is not a vulcanizing fluid designed and
labeled for tire repair.
(41) "Contact adhesive - general purpose"
means any contact adhesive that is not a "contact adhesive - special
purpose."
(42) "Contact adhesive -
special purpose" means a contact adhesive that is either:
(A) Used to bond melamine-covered board,
unprimed metal, unsupported vinyl, Teflon, ultra-high molecular weight
polyethylene, rubber, high pressure laminate or wood veneer 1/16 inch or less
in thickness to any porous or nonporous surface, and is sold in units of
product, less packaging, that contain more than eight fluid ounces;
or
(B) Used in automotive
applications that are either automotive under-the-hood applications requiring
heat, oil or gasoline resistance, or body-side molding, automotive weatherstrip
or decorative trim.
(43)
"Container" or "packaging" means the part or parts of a consumer or
institutional product that serve only to contain, enclose, incorporate,
deliver, dispense, wrap or store the chemically formulated substance or mixture
of substances that accomplish the purpose or purposes for which the product is
designed or intended, and includes any article onto or into which the principal
display panel and other accompanying literature or graphics are incorporated,
etched, printed or attached.
(44)
"Crawling bug insecticide" means any insecticide product that is designed for
use against ants, cockroaches or other household crawling arthropods including,
but not limited to, mites, silverfish or spiders, and excluding any house dust
mite product or any product designed to be used exclusively on humans or
animals. For the purposes of this definition only:
(A) "House dust mite" means a Pyroglyphidaean
mite that feeds primarily on skin cells shed in the home by humans and pets;
and
(B) "House dust mite product"
means a product whose label, packaging or accompanying literature states that
the product is suitable for use against house dust mites but does not indicate
that the product is suitable for use against ants, cockroaches or other
household crawling arthropods.
(45) "Date-code" means the day, month and
year on which a consumer product is manufactured, filled or packaged or a code
indicating such a date.
(46)
"Deodorant" means any product including, but not limited to, an aerosol,
roll-on, stick, pump, pad, cream or squeeze-bottle, that indicates or depicts
on the container or packaging, or on any sticker or label affixed thereto, that
the product can be used on or applied to the human axilla to provide a scent or
minimize odor.
(47) "Device" means
any instrument or contrivance, other than a firearm, designed for trapping,
destroying, repelling or mitigating any pest or any other form of plant or
animal life other than humans and bacteria, viruses or other microorganisms on
or in living humans or other living animals; but "device" does not include
equipment used to apply pesticides if such pesticides are sold separately from
the device.
(48) "Disinfectant"
means any product intended to destroy or irreversibly inactivate infectious or
other undesirable bacteria, pathogenic fungi or viruses on surfaces or
inanimate objects and for which the label is registered under FIFRA, including
any product that is labeled both as a sanitizer and disinfectant.
"Disinfectant" does not include products:
(A)
Designed solely for use on human or animals;
(B) Designed for agricultural use;
(C) Designed solely for use in swimming
pools, therapeutic or hot tubs;
(D)
Designed to be used on heat sensitive critical or semi-critical medical devices
or medical equipment surfaces;
(E)
That are pre-moistened wipes or towelettes sold exclusively to medical,
convalescent, or veterinary establishments;
(F) Designed to be applied to food-contact
surfaces and are not required to be rinsed prior to contact with food;
or
(G) As indicated on the
principal display panel or label, designed primarily for use as bathroom and
tile cleaners, glass cleaners, general purpose cleaners, toilet or urinal care
products, metal polishes, carpet cleaners, or fabric refreshers that may also
make disinfecting or anti-microbial claims on the label.
For the purposes of this subdivision, "heat sensitive critical
or semi-critical medical device" means a medical device that contacts or
permeates mucous membranes or skin and that cannot be sterilized by thermal
methods such as steam.
(49) "Distributor" means any person to whom a
consumer product is sold or supplied for the purposes of resale or distribution
in commerce, except that manufacturers, retailers and consumers are not
"distributors."
(50) "Double-phase
aerosol air freshener" means an aerosol air freshener with the liquid contents
in two or more distinct phases that requires the product container be shaken
before use to mix the phases, producing an emulsion.
(51) "Dry cleaning fluid" means any
non-aqueous liquid product designed and labeled exclusively for use on fabrics
that are labeled "dry clean only" or that are S-coded fabrics and includes, but
is not limited to, those products used by commercial dry cleaners and
commercial businesses that clean fabrics such as draperies at a residence or
work place. "Dry cleaning fluid" does not include spot remover or carpet and
upholstery cleaner.
(52) "Dual
purpose air freshener or disinfectant" means an aerosol product represented on
the product container, or on any sticker, label, packaging, or literature
attached to the product container, for use as both disinfectant and an air
freshener.
(53) "Dusting aid" means
a product designed for use with a mop, rag or other dusting device to assist in
removing dust and other soils from floors and other surfaces without leaving a
wax or silicone based coating and does not include products, such as
pressurized gas duster, that consist entirely of compressed gases for use in
electronic or other specialty areas.
(54) "Electrical cleaner" means a product
labeled to remove heavy soils such as grease, grime or oil from electrical
equipment such as electric motors, armatures, relays, electric panels or
generators. "Electrical cleaner" does not include general purpose cleaner,
general purpose degreaser, dusting aid, electronic cleaner, energized
electrical cleaner, pressurized gas duster, engine degreaser, anti-static
product or products designed to clean the casings or housings of electrical
equipment.
(55) "Electronic
cleaner" means a product labeled for the removal of dirt, moisture, dust, flux
or oxides from the internal components of electronic or precision equipment
such as circuit boards, and the internal components of electronic devices such
as radios, compact disc (CD) players, digital video disc (DVD) players and
computers. "Electronic cleaner" does not include general purpose cleaner,
general purpose degreaser, dusting aid, pressurized gas duster, engine
degreaser, electrical cleaner, energized electrical cleaner, anti-static
product or products designed to clean the casings or housings of electronic
equipment.
(56) "Energized
electrical cleaner" means a product that meets both of the following criteria:
(A) the product is labeled to clean or
degrease electrical equipment, where cleaning or degreasing is accomplished
when electrical current exists, or when there is a residual electrical
potential from a component, such as a capacitor; and
(B) the product label clearly displays the
statements: "Energized equipment use only. Not to be used for motorized
vehicle maintenance or their parts." "Energized electrical cleaner" does
not include electronic cleaner.
(57) "Engine degreaser" means a cleaning
product designed to remove grease, grime, oil and other contaminants from the
external surfaces of engines and other mechanical parts.
(58) "Fabric protectant" means:
(A) For products manufactured prior to May 1,
2018, a product designed to be applied to fabric substrates to protect the
surface from soiling or to reduce absorption of liquid into the fabric's
fibers. "Fabric protectant" does not include a product labeled for use as a
waterproofer, a product designed for use solely on leather or a product
designed for use solely on fabrics that are labeled "dry clean only" and sold
in containers of ten fluid ounces or less; and
(B) For products manufactured on and after
May 1, 2018, a product designed to be applied to fabric substrates to protect
the surface from soiling or to reduce absorption of liquid into the fabric's
fibers. "Fabric protectant" does not include a waterproofing product labeled
for use solely on leather, a pigmented product designed to be used primarily
for coloring, a product used for construction, reconstruction, modification,
structural maintenance or repair of a fabric substrate, or a product that
renews or restores fabric and qualifies as either clear coating or vinyl,
fabric, leather or polycarbonate coating.
(59) "Fabric refresher" means a product
labeled to neutralize or eliminate odors on non-laundered fabric including, but
not limited to, soft household surfaces, rugs, carpeting, draperies, bedding,
automotive interiors, footwear, athletic equipment, clothing or on household
furniture or objects upholstered or covered with fabrics such as, but not
limited to, wool, cotton or nylon. "Fabric refresher" does not include
anti-static product, carpet and upholstery cleaner, footwear or leather care
product, spot remover or disinfectant, sanitizer, or products labeled for
application on both fabric and human skin.
(60) "Facial cleaner or soap" means a cleaner
or soap designed primarily to clean the face and includes, but is not limited
to, facial cleansing creams, semi-solids, liquids, lotions and
substrate-impregnated forms; and excludes prescription drug products,
antimicrobial hand or body cleaner or soap, astringent, toner, general-use hand
or body cleaner or soap, medicated astringent, medicated toner or rubbing
alcohol.
(61) "Fat wood" means
pieces of wood kindling with high levels of sap or resin that enhance ignition
of the kindling, and excludes any kindling with substances added to enhance
flammability, such as wax-covered or wax-impregnated wood-based
products.
(62) "FDA" means the
United States Food and Drug Administration.
(63) "FIFRA" means the Federal Insecticide,
Fungicide and Rodenticide Act,
7 USC
sections 136 et. seq.
(64) "Flea and tick insecticide" means any
insecticide product that is designed for use against fleas, ticks, their larvae
or their eggs, exclusive of products designed for use exclusively on humans or
animals and their bedding.
(65)
"Flexible flooring material" means asphalt, cork, linoleum, no-wax, rubber,
seamless vinyl or vinyl composite flooring.
(66) "Floor coating" means an opaque coating
that is labeled and designed for application to flooring, including but not
limited to, decks, porches, steps or other horizontal surfaces subject to foot
traffic.
(67) "Floor or wall
covering adhesive remover" means a product designed or labeled to remove floor
or wall coverings and associated adhesive from the underlying
substrate.
(68) "Floor polish or
wax" means:
(A) For products manufactured
prior to May 1, 2018, a wax, polish or any other product designed to polish,
protect or enhance floor surfaces by leaving a protective coating that is
designed to be periodically replenished, but does not include spray buff
products, products designed solely for the purpose of cleaning floors, floor
finish strippers, products designed for unfinished wood floors, or coatings
subject to architectural coatings regulations; and
(B) For products manufactured on and after
May 1, 2018, a product designed or labeled to polish, wax, condition, protect,
temporarily seal, or otherwise enhance floor surfaces by leaving a protective
finish that is designed or labeled to be periodically replenished. "Floor
polish or wax" does not include spray buff products, floor wax strippers,
products designed or labeled for unfinished wood floors, or coatings subject to
architectural coatings regulations.
(69) "Floor seam sealer" means any product
designed and labeled exclusively for bonding, fusing, sealing or coating seams
between adjoining pieces of installed flexible sheet flooring.
(70) "Floor wax stripper" means a product
designed to remove natural or synthetic floor polishes or waxes through
breakdown of the polish or wax polymers, or by dissolving or emulsifying the
polish or wax, exclusive of aerosol floor wax strippers or products designed to
remove floor wax solely through abrasion.
(71) "Flying bug insecticide" means any
insecticide product that is designed for use against flying insects or other
flying arthropods, including, but not limited to, flies, mosquitoes, moths or
gnats, and excluding wasp and hornet insecticide, products that are designed to
be used exclusively on humans or animals or any moth-proofing product. For the
purposes of this definition only, "moth-proofing product" means a product whose
label, packaging or accompanying literature indicates that the product is
designed to protect fabrics from damage by moths but does not indicate that the
product is suitable for use against flying insects or other flying
arthropods.
(72) "Footwear or
leather care product" means any product designed or labeled to be applied to
footwear or to other leather articles or components, to maintain, enhance,
clean, protect or modify the appearance, durability, fit or flexibility of the
footwear or leather article or component. Footwear includes both leather and
non-leather foot apparel. "Footwear or leather care product" does not include
fabric protectant, general purpose adhesive, contact adhesive, vinyl, fabric,
leather or polycarbonate coating, rubber or vinyl protectant, fabric refresher,
products solely for deodorizing or sealant products with adhesive properties
used to create external protective layers greater than two millimeters
thick.
(73) "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 2mm
Hg at 20ºC, the sole purpose of which is to impart an odor or scent or to
counteract a malodor.
(74)
"Furniture coating" means any paint designed for application to room
furnishings including, but not limited to, kitchen, bath and vanity cabinets;
tables; chairs; beds and sofas.
(75) "Furniture maintenance product" means a
wax, polish, conditioner or any other product designed for the purpose of
polishing, protecting or enhancing finished wood surfaces other than floors and
other furniture surfaces including, but not limited to acrylic, ceramic,
plastic, stone, metal and fiberglass. "Furniture maintenance product" does not
include any dusting aid, wood cleaner, product designed exclusively for
cleaning furniture or any product designed to leave a permanent finish such as
stain, sanding sealer or lacquer.
(76) "Gasket or thread locking adhesive
remover" means a product designed or labeled to remove gaskets or thread
locking adhesives. "Gasket or thread locking adhesive remover" includes
products labeled for dual use as a paint stripper and gasket remover or thread
locking adhesive remover.
(77)
"Gel" means a colloid in which the disperse phase has combined with the
continuous phase to produce a semisolid material, such as jelly.
(78) "General purpose adhesive" means any
non-aerosol adhesive designed for use on a variety of substrates, excluding the
following:
(A) Contact adhesives;
(B) Construction, panel and floor covering
adhesives;
(C) Adhesives designed
exclusively for application to one specific category of substrate, such as
metals, paper products, ceramics, plastics, rubbers or vinyls; or
(D) Adhesives designed exclusively for use on
one specific category of articles that may be composed of different materials
but perform a specific function, such as gaskets, automotive trim,
weather-stripping or carpets.
(79) "General purpose adhesive remover" means
a product designed or labeled to remove cyanoacrylate adhesives and
non-reactive adhesives or residue from a variety of substrates, including but
not limited to, products that remove thermoplastic adhesives; pressure
sensitive adhesives; dextrine or starchbased adhesives; casein glues; rubber or
latex-based adhesives; and products that remove stickers, decals, stencils, or
similar materials. "General purpose adhesive remover" does not include floor or
wall covering adhesive remover.
(80) "General purpose cleaner" means a
product designed for general all-purpose cleaning, in contrast to cleaning
products designed to clean specific substrates in certain situations. "General
purpose cleaner" includes, but is not limited to, products designed for general
floor cleaning, kitchen, countertop, or sink cleaning; and cleaners designed to
be used on a variety of hard surfaces such as stovetops, cooktops, small
appliances or microwaves, and does not include general purpose degreasers and
electronic cleaners. A product that is labeled as an "oven or grill cleaner"
that makes claims that it is suitable for cleaning other hard surfaces is a
"general purpose cleaner."
(81)
"General purpose degreaser" means any product labeled to remove or dissolve
grease, grime, oil and other oil-based contaminants from a variety of
substrates, including automotive or miscellaneous metallic parts. "General
purpose degreaser" includes a product that is labeled as an oven or grill
cleaner that makes claims that it is suitable for degreasing other hard
surfaces."General purpose degreaser" does not include engine degreaser, general
purpose cleaner, adhesive remover, electronic cleaner, electrical cleaner,
energized electrical cleaner, metal polish, metal cleanser, oven or grill
cleaner, except as qualified in the previous sentence, or products used
exclusively in solvent cleaning tanks or related equipment, or products that
are:
(A) Sold exclusively to establishments
that manufacture or construct goods or commodities; and
(B) Labeled exclusively for "use in the
manufacturing process only", or "not for retail sale."
(82) "General-use hand or body
cleaner or soap" means a cleaner or soap designed to be used routinely on the
skin to clean or remove typical or common dirt and soils. "General-use hand or
body cleaner or soap" includes, but is not limited to, hand or body wash,
dual-purpose shampoo-body cleaner, shower or bath gel and moisturizing cleaner
or soap; and excludes prescription drug product, anti-microbial hand or body
cleaner or soap, astringent, toner, facial cleaner or soap, hand dishwashing
detergent, anti-microbial hand washing detergent, heavy-duty hand cleaner or
soap, medicated astringent, medicated toner or rubbing alcohol.
(83) "Glass cleaner" means a cleaning product
designed primarily for cleaning surfaces made of glass and does not include
products designed solely for the purpose of cleaning optical materials used in
eyeglasses, photographic equipment, scientific equipment or photocopying
machines.
(84) "Graffiti remover"
means a product labeled to remove spray paint, ink, marker, crayon, lipstick,
nail polish or shoe polish from a variety of non-cloth or non-fabric
substrates. "Graffiti remover" does not include paint remover or stripper, nail
polish remover or spot remover. "Graffiti remover" includes products labeled
for dual use as both a paint stripper and graffiti remover.
(85) "Hair mousse" means hairstyling foam
designed to facilitate styling of a coiffure and provide holding
power.
(86) "Hair shine" means any
product designed for the primary purpose of creating a shine when applied to
the hair, including, but not limited to, dual-use hair styling product,
products designed primarily to impart a sheen to the hair, and excluding hair
spray, hair mousse, hair styling gel or spray gel, or products whose primary
purpose is to condition or hold the hair.
(87) "Hair spray" means a consumer product
that is applied to styled hair and is designed or labeled to provide sufficient
rigidity to hold, retain or finish the style of the hair for a period of time.
"Hair spray" includes aerosol hair sprays, pump hair sprays, spray waxes;
color, glitter or sparkle hairsprays that make finishing claims; and products
that are both a styling and finishing product. "Hair spray" does not include
spray products that are intended to aid in styling but do not provide finishing
of a hairstyle. For the purposes of this definition, "finish" or "finishing"
means the maintaining or holding of previously styled hair for a period of
time. For the purposes of this definition, "styling" means the forming,
sculpting or manipulation of the hair to alter temporarily the hair's
shape.
(88) "Hair styling product"
means a consumer product designed or labeled for the application to wet, damp
or dry hair to aid in defining, shaping, lifting, styling or sculpting of the
hair. "Hair styling product" includes, but is not limited to, hair balm, clay,
cream, creme, curl straightener, gel, liquid, lotion, paste, pomade, putty,
root lifter, serum, spray gel, stick, temporary hair straightener, wax, spray
products that aid in styling but do not provide finishing of a hairstyle and
leave-in volumizers, detanglers or conditioners that make styling claims. "Hair
styling product" does not include hair mousse, hair shine, hair spray or
shampoos or conditioners that are rinsed from the hair prior to styling. For
the purposes of this definition, "finish" or "finishing" means the maintaining
or holding of previously styled hair for a period of time; and "styling" means
the forming, sculpting or manipulation of the hair to alter temporarily the
hair's shape.
(89) "Heavy-duty hand
cleaner or soap" means a product designed to clean or remove difficult dirt and
soils such as oil, grease, grime, tar, shellac, putty, printer's ink, paint,
graphite, cement, carbon, asphalt or adhesives from the hand with or without
the use of water. "Heavy-duty hand cleaner or soap" does not include
prescription drug product, anti-microbial hand or body cleaner or soap,
astringent, toner, facial cleaner or soap, general-use hand or body cleaner or
soap, medicated astringent, medicated toner or rubbing alcohol.
(90) "Herbicide" means a pesticide product
designed to kill or retard a plant's growth, but excludes a product labeled for
agricultural use and restricted material requiring a permit for use and
possession.
(91) "High temperature
coating" means a high performance coating labeled and formulated for
application to substrates exposed continuously or intermittently to
temperatures above 204ºC (400ºF).
(92) "High volatility organic compound" or
"HVOC" means any VOC that exerts a vapor pressure greater than 80mm Hg at
20°C.
(93) "Household product"
means any consumer product designed for use inside or outside living quarters
or residences, inclusive of the immediate surroundings, which are occupied or
intended for occupation by individuals.
(94) "Industrial maintenance coating" means a
high performance architectural coating, including primers, sealers,
undercoaters, as defined in section
22a-174-41
of the Regulations of Connecticut State Agencies, intermediate coats, and
topcoats formulated for application to substrates, including floors, exposed to
one or more of the following extreme environmental conditions and labeled "for
industrial use only," "for professional use only," "not for residential use,"
or "not intended for residential use":
(A)
Immersion in water, wastewater, or chemical aqueous or non-aqueous solutions,
or chronic exposure of interior surfaces to moisture condensation;
(B) Acute or chronic exposure to corrosive,
caustic, or acidic agents, or to chemicals, chemical fumes, or chemical
mixtures or solutions;
(C) Frequent
exposure to temperatures above 121ºC (250ºF);
(D) Frequent heavy abrasion, including
mechanical wear and frequent scrubbing with industrial solvents, cleansers,
scouring agents; or
(E) Exterior
exposure of metal structures and structural components.
(95) "Insecticide" means a pesticide product
that is designed for use against insects or other arthropods, but excluding
products that are:
(A) For agricultural
use;
(B) For a use which requires a
structural pest control certification pursuant to section
22a-54
of the Connecticut General Statutes; or
(C) Restricted materials that require a
permit for use and possession.
(96) "Insecticide fogger" means any
insecticide product designed to release all or most of its content, in the form
of a fog or mist, into indoor areas during a single application.
(97) "Institutional product" or "industrial
and institutional product" means a consumer product that is designed for use in
the maintenance or operation of an establishment, exclusive of a household
product or a product that is incorporated into or used exclusively in the
manufacture or construction of the goods or commodities at the site of the
establishment. For the purpose of this definition, an "establishment" includes,
but is not limited to, a government agency, factory, school, hospital,
sanitarium, prison, restaurant, hotel, store, automobile service and parts
center, health club, theater or transportation company, that:
(A) Manufactures, transports, or sells goods
or commodities or provides services for profit; or
(B) Is engaged in the nonprofit promotion of
a particular public, educational or charitable cause.
(98) "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.
(99) "Laundry prewash" means a product that
is designed for application to a fabric prior to laundering and that
supplements and contributes to the effectiveness of laundry detergents or
provides specialized performance.
(100) "Laundry starch, sizing or fabric
finish product" or "laundry starch product" means a product that is designed
for application to a fabric, either during or after laundering, to impart and
prolong a crisp look that may also act to help ease ironing of the fabric,
including, but not limited to, fabric finish, sizing and starch.
(101) "Lawn and garden insecticide" means an
insecticide product labeled primarily to be used in household lawn and garden
areas to protect plants from insects or other arthropods.
(102) "Liquid" means a substance or mixture
of substances that is capable of a visually detectable flow as determined under
ASTM D-4359-90(2000)e1, including subsequent amendments, excluding powders or
other materials composed entirely of solid particles.
(103) "Lubricant" means a product designed to
reduce friction, heat, noise or wear between moving parts, or to loosen rusted
or immovable parts or mechanisms and excludes the following products:
(A) Automotive power steering
fluids;
(B) Products for use inside
power generating motors, engines, and turbines and associated power-transfer
gearboxes;
(C) Two cycle oils or
other products designed to be added to fuels;
(D) Products for use on the human body or
animals; or
(E) Products that are
both:
(i) Sold exclusively to establishments
that manufacture or construct goods or commodities, and
(ii) Labeled exclusively for "use in the
manufacturing process only" or "not for retail sale."
(104) "LVP-VOC" means a
low vapor pressure chemical compound or mixture that contains at least one
carbon atom and meets at least one of the following criteria:
(A) Has a vapor pressure less than 0.1 mm Hg
at 20°C;
(B) Is a chemical compound
with more than 12 carbon atoms or a chemical mixture comprised solely of
compounds with more than 12 carbon atoms, and the vapor pressure and boiling
point are unknown;
(C) Is a
chemical compound with a boiling point greater than 216°C; or
(D) Is the weight percent of a chemical
mixture that boils above 216°C.
For the purposes of this definition, "chemical compound" means
a molecule of definite chemical formula and isomeric structure, and "chemical
mixture" means a substrate comprised of two or more chemical compounds.
(105) "Manufacturer"
means any person who imports, manufactures, assembles, produces, packages,
repackages or re-labels a consumer product.
(106) "Medicated astringent" or "medicated
toner" means any product regulated as a drug by the FDA that is applied to the
skin for the purpose of cleaning or tightening pores, and includes, but is not
limited to, clarifiers and substrate-impregnated products. "Medicated
astringent" or "medicated toner" does not include any hand, face, or body
cleaner or soap product, personal fragrance product, astringent or toner, cold
cream, lotion, antiperspirant or product that may only be purchased with a
doctor's prescription. For the purposes of this subdivision, "personal
fragrance product" means any product which is applied to the human body or
clothing for the primary purpose of adding a scent or masking a malodor,
including cologne, perfume, aftershave, and toilet water. "Personal fragrance
product" does not include:
(A) Deodorant;
(B) medicated products designed
primarily to alleviate fungal or bacterial growth on feet or other areas of the
body;
(C) mouthwashes, breath
fresheners and deodorizers;
(D)
lotions, moisturizers, powders or other skin care products used primarily to
alleviate skin conditions such as dryness and irritations;
(E) products designed exclusively for use on
human genitalia;
(F) soaps,
shampoos, and products primarily used to clean the human body; or
(G) fragrance products designed to be used
exclusively on non-human animals.
(107) "Medium volatility organic compound" or
"MVOC" means any volatile organic compound that exerts a vapor pressure greater
than 2mm Hg and less than or equal to 80mm Hg when measured at 20°C.
(108) "Metal polish or cleanser" means any
product designed to use physical or chemical action to remove or reduce stains,
impurities or oxidation from surfaces or to make surfaces smooth and shiny on
finished metal, metallic or metallized surfaces. "Metal polish or cleanser"
includes, but is not limited to, metal polishes used on brass, silver, chrome,
copper, stainless steel and other ornamental metals and does not include:
automotive wax, polish, sealant or glaze; wheel cleaner; paint remover or
stripper; products designed and labeled exclusively for automotive and marine
detailing; or products designed for use in degreasing tanks.
(109) "Mist spray adhesive" means any aerosol
adhesive that is not a special purpose spray adhesive and that delivers a
particle or mist spray, resulting in the formation of fine, discrete particles
that yield a generally uniform and smooth application of adhesive to the
substrate.
(110) "Multi-purpose dry
lubricant" means any lubricant that is:
(A)
Designed and labeled to provide lubricity by depositing a thin film of
graphite, molybdenum disulfide ("moly"), or polytetrafluoroethylene or closely
related fluo-ropolymer ("Teflon") on surfaces; and
(B) Designed for general purpose lubrication,
or for use in a wide variety of applications.
(111) "Multi-purpose
lubricant" means any lubricant designed for general purpose lubrication or for
use in a wide variety of applications, exclusive of any multi-purpose dry
lubricant, penetrant or silicone-based multi-purpose lubricant.
(112) "Multi-purpose solvent" means:
(A) For products manufactured prior to May 1,
2018, any organic liquid designed to be used for a variety of purposes,
including cleaning or degreasing of a variety of substrates, or thinning,
dispersing or dissolving other organic materials, including solvents used in
institutional facilities, except for laboratory reagents used in analytical,
educational, research, scientific or other laboratories. "Multi-purpose
solvent" does not include any solvent used in a cold cleaner, vapor degreaser,
conveyorized degreaser or film cleaning machine, or solvent that is
incorporated into, or used exclusively in the manufacture or construction of,
the goods or commodities at the site of the establishment; and
(B) For products manufactured on and after
May 1, 2018, any liquid product designed or labeled for use in dispersing,
dissolving, or removing contaminants or other organic materials. "Multi-purpose
solvent" also includes:
(i) a product that
does not display specific use instructions on the product container or
packaging,
(ii) a product that does
not specify an end-use function or application on the product container or
packaging,
(iii) a solvent used in
institutional facilities, except for laboratory reagents used in analytical,
educational, research, scientific or other laboratories,
(iv) a paint clean-up product, or
(v) a product labeled to prepare surfaces for
painting.
For the purpose of this subdivision only, "paint clean-up"
means any liquid product labeled for cleaning oil-based or water-based paint,
lacquer, varnish, or related coatings from painting equipment or tools,
plastics, metals or other substrates.
"Multi-purpose solvent" does not include a solvent used in a
cold cleaner, a vapor degreaser, a conveyorized degreaser or film cleaning
machine; a solvent labeled exclusively for the clean-up of application
equipment used for polyaspartic and polyurea coatings; a solvent that is
incorporated into, or used exclusively in the manufacture or construction of,
the goods or commodities at the site of the establishment; a product that is
labeled exclusively to clean a specific contaminant, on a single substrate, in
specific situations; or any product making any representation that the product
may be used as, or is suitable for use as any other consumer product listed in
Table 40-3 of this section.
For the purposes of this subdivision, "application equipment
used for polyaspartic and polyurea coatings" means a device such as a squeegee,
roller, brush, broom or spray system, used to apply a protective layer of
aliphatic polyurea to a metal or concrete surface.
(113) "Nail polish" means any
clear or colored coating designed for application to the fingernails or
toenails and including, but not limited to, lacquers, enamels, acrylics, base
coats and top coats.
(114) "Nail
polish remover" means a product designed to remove nail polish and coatings
from fingernails or toenails.
(115)
"Non-aerosol product" means any consumer product that is not dispensed by a
pressurized spray system.
(116)
"Non-carbon containing compound" means any compound that does not contain
carbon atoms.
(117) "Non-resilient
flooring" means flooring of a mineral content that is not flexible, including
terrazzo, marble, slate, granite, brick, stone, ceramic tile and
concrete.
(118) "Non-selective
terrestrial herbicide" means a herbicide product that is intended for use on
land and is toxic to plants without regard to species.
(119) "NYCRR" means the Official Compilation
of Codes, Rules and Regulations of the State of New York.
(120) "NYSDEC" means the New York State
Department of Environmental Conservation.
(121) "Oven cleaner" means any cleaning
product designed to clean by removing dried food and other deposits from oven
interiors.
(122) "Oven or grill
cleaner" means a product labeled exclusively to remove baked-on greases or
deposits from food preparation or food cooking surfaces. "Oven or grill
cleaner" does not include a product that is labeled as an "oven or grill
cleaner" that makes claims that it is suitable for degreasing other hard
surfaces or for cleaning other hard surfaces.
(123) "Paint" means any pigmented liquid,
liquefiable or mastic composition designed for application to a substrate in a
thin layer, which is converted to an opaque solid film after application and is
used for protection, decoration or identification, or to serve some functional
purpose such as the filling or concealing of surface irregularities or the
modification of light and heat radiation characteristics.
(124) "Paint remover or stripper" means any
product designed to strip or remove paints or other related coatings, by
chemical action, from a substrate without markedly affecting the substrate.
"Paint remover or stripper" does not include:
(A) Multi-purpose solvents;
(B) Paint brush cleaners;
(C) Products designed and labeled exclusively
to remove graffiti; or
(D) Hand
cleaner products that claim to remove paints and other related coating from
skin.
(125) "Paint
thinner" means, for products manufactured on and after May 1, 2018, any liquid
product used for reducing the viscosity of coating compositions or components,
that prominently displays the term "paint thinner," "lacquer thinner,"
"thinner," or "reducer" on the front panel of its packaging. "Paint thinner"
does not include any of the following products:
(A) Artist's solvent or thinner;
(B) A product that is sold in containers with
a capacity of five gallons or more and labeled exclusively for the thinning of
industrial maintenance coatings, zinc-rich primers, or high temperature
coatings;
(C) A product labeled and
used exclusively as an ingredient in a specific coating or coating brand line,
whereby the coating would not be complete or useable without the specific
ingredient; or
(D) A product that
meets both of the following criteria:
(i) The
principle display panel of the product indicates, in a font size as large as or
larger than the font size of all other words on the panel, not including the
font size used for the company name, brand name, or logo, that the product is
used exclusively for the thinning of industrial maintenance coatings, zinc-rich
primers, or high temperature coatings, and
(ii) No representation is made anywhere on
the product container or packaging, or any label or sticker attached thereto,
that the product is suitable for use or may be used for any other purpose
except the thinning of industrial maintenance coatings, zinc-rich primers, or
high temperature coatings.
For the purposes of this definition, "zinc-rich primer" means a
coating that contains at least 65 percent metallic zinc powder or zinc dust by
weight of total solids, is formulated for application to metal substrates to
provide a firm bond between the substrate and subsequent applications of
coatings, and is intended for professional use only and labeled "For
Professional Use Only," "For Industrial Use Only," "Not for residential use,"
or "Not intended for residential use."
(126) "Penetrant" means a lubricant designed
and labeled primarily to loosen metal parts that have bonded together due to
rusting, oxidation or other causes. "Penetrant" does not include multi-purpose
lubricants that claim to have penetrating qualities, but are not labeled
primarily to loosen bonded parts.
(127) "Pesticide" means any substance or
mixture of substances labeled, designed or intended for use in preventing,
destroying, repelling or mitigating any pest; or any substance or mixture of
substances labeled, designed or intended for use as a defoliant, desiccant or
plant regulator; and excluding any substance, mixture of substances or device
that the United States Environmental Protection Agency does not consider a
pesticide.
(128) "Plasticizer"
means a material that is incorporated into a plastic to increase its
flexibility, workability, or distensibility. "Plasticizer" content of a product
may be determined using ASTM Method E260-91 or 96, including any subsequent
amendments or from product formulation data.
(129) "Pressurized gas duster" means a
pressurized product labeled to remove dust from a surface solely by means of
mass air or gas flow, including surfaces such as photographs, photographic film
negatives, computer keyboards and other types of surfaces that cannot be
cleaned with solvents. "Pressurized gas duster" does not include dusting
aids.
(130) "Principal display
panel" means that part, or those parts, of a product label appearing once or
more on a container or packaging that is designed for display to, examination
by or presentation to a potential consumer under normal and customary
conditions of display or purchase.
(131) "Product brand name" means the name of
the product exactly as it appears on the principal display panel of the
product.
(132) "Product form", for
the purpose of complying with subsection (h) of this section only, means the
applicable form that most accurately describes a products' dispensing form,
including aerosols (A), solids (S), semi-solids (SS), liquids (L),pump sprays
(P), or other (O).
(133)
"Propellant" means a liquefied or compressed gas that is used in whole or in
part, such as a co-solvent, to expel a liquid or any other material from the
same self-pressurized container or from a separate container.
(134) "Pump spray" means a packaging system
in which the product ingredients within the container are not under pressure
and in which the product is expelled only while a pumping action is applied to
a button, trigger or other actuator.
(135) "Resilient flooring" means flexible
flooring of a material that may include, but is not limited to, asphalt, cork,
linoleum, no-wax, rubber, seemless vinyl, or vinyl composite.
(136) "Responsible party" means the company,
firm or establishment that is listed on a product's label. If the label lists
more than one company, firm or establishment, the responsible party is the
party that the product was "manufactured for" or "distributed by," as noted on
the label.
(137) "Restricted
material" means pesticides classified for "restricted use" pursuant to
FIFRA.
(138) "Retailer" means any
person who sells, supplies or offers consumer products for sale directly to
consumers.
(139) "Retail outlet"
means any establishment at which consumer products are sold, supplied or
offered for sale directly to consumers.
(140) "Roll-on product" means any
antiperspirant or deodorant dispensed by rolling a wetted ball or wetted
cylinder on the affected area.
(141) "Rubber or vinyl protectant" means:
(A) For products manufactured prior to May 1,
2018, any product designed to protect, preserve or renew vinyl, rubber and
plastic on motor vehicles, tires, luggage, furniture or household products such
as vinyl covers, clothing and accessories. "Rubber or vinyl protectant" does
not include a product primarily designed to clean a motor vehicle wheel rim,
such as aluminum or magnesium wheel cleaner, or a tire cleaner that does not
leave an appearance-enhancing or protective substance on the tire;
and
(B) For products manufactured
on and after May 1, 2018, any product labeled to protect, preserve or renew
vinyl, or rubber on motor vehicles, tires, luggage, furniture or household
products such as vinyl covers, clothing, or accessories. "Rubber or vinyl
protectant" does not include a product labeled to clean the wheel rim, such as
aluminum or magnesium wheel cleaner, or a tire cleaner that does not leave an
appearance-enhancing or protective substance on the tire, a pigmented product
designed or labeled to be used primarily for coloring, a product used for
construction, reconstruction, modification, structural maintenance or repair of
rubber or vinyl substrates, or a product, other than a product labeled to be
used on vehicle tires, qualifying as either clear coating or vinyl, fabric,
leather or polycarbonate coating. For the purposes of this subdivision, "clear
coating" means an aerosol product that is colorless or transparent, containing
resins but no pigments except ingredients added to reduce the gloss of the
coating without adding color to the coating, and is designed and labeled to
form a transparent or translucent solid coating.
(142) "Rubbing alcohol" means any product
containing isopropyl alcohol or denatured ethanol and labeled for topical use,
usually to decrease germs in minor cuts and scrapes, to relieve minor muscle
aches, as a rubefacient or for massage.
(143) "Sanitizer" means, for products
manufactured on and after May 1, 2018, a product that is labeled as a
"sanitizer", or labeled to reduce, but not necessary eliminate, microorganisms
in the air, on surfaces, or on inanimate objects, and whose label is registered
as a "sanitizer" under FIFRA. Products that are labeled both as a "sanitizer"
and a disinfectant are considered disinfectants. "Sanitizer" does not include:
(A) Disinfectant;
(B) A product labeled solely for use on
humans or animals;
(C) A product
labeled solely for agricultural use;
(D) A product labeled solely for use in
swimming pools, therapeutic tubs, or hot tubs;
(E) A product labeled for use on heat
sensitive critical or semi-critical medical devices or medical equipment
surfaces;
(F) A product that is a
pre-moistened wipe or towelette sold exclusively to medical, convalescent or
veterinary establishments;
(G) A
product that is labeled to be applied to food-contact surfaces and is not
required to be rinsed prior to contact with food; or
(H) A product that is labeled as a bathroom
and tile cleaner, glass cleaner, general purpose cleaner, toilet or urinal care
product, metal polisher, carpet cleaner, or fabric refresher that may also make
sanitizing or anti-microbial claims on the label.
For the purposes of this subdivision, "heat sensitive critical
or semi-critical medical device" means a medical device that contacts or
permeates mucous membranes or skin and that cannot be sterilized by thermal
methods such as steam.
(144) "S-coded fabric" means an upholstery
fabric designed to be cleaned only with water-free spot cleaning products as
specified by the Joint Industry Fabric Standards and Guidelines
Committee.
(145) "Sealant and
caulking compound" means any product with adhesive properties that is designed
to fill, seal, waterproof or weatherproof gaps or joints between two surfaces,
and excluding the following products:
(A) Roof
cements and roof sealants;
(B)
Insulating foams;
(C) Removable
caulking compounds, which, for the purposes of this subdivision, means a
compound that temporarily seals windows or doors for three to six month time
intervals;
(D) Clear, paintable or
water resistant caulking compound, which, for the purposes of this subdivision,
means a compound that contains no appreciable level of opaque fillers or
pigments; transmits most or all visible light through the caulk when cured; is
paintable; and is immediately resistant to precipitation upon
application;
(E) Floor seam
sealers;
(F) Products designed
exclusively for automotive uses;
(G) Sealers that are applied as continuous
coatings; or
(H) Products sold in
units that weigh more than one pound and consist of more than sixteen fluid
ounces.
(146)
"Semisolid" means a product that, at room temperature, will not pour but will
spread or deform easily, such as gels, pastes and greases.
(147) "Shaving cream" means an aerosol
product that dispenses foam lather intended for use with a blade or cartridge
razor, or other wet-shaving system, in the removal of facial or other bodily
hair. "Shaving cream" does not include shaving gel.
(148) "Shaving gel" means an aerosol product
that dispenses a post-foaming semi-solid designed to be used with a blade,
cartridge razor or other wet-shaving system in the removal of facial or other
body hair. "Shaving gel" does not include shaving cream.
(149) "Silicone-based multi-purpose
lubricant" means any lubricant that is not a product designed and labeled
exclusively to release manufactured products from molds and that is designed
and labeled as follows:
(A) To provide
lubricity primarily through the use of silicone compounds including, but not
limited to, polydimethylsiloxane; and
(B) For general purpose lubrication, or for
use in a wide variety of applications.
(150) "Single-phase aerosol air freshener"
means an aerosol air freshener with the liquid contents in a single homogeneous
phase that does not require that the product container be shaken before
use.
(151) "Solid" means a
substance or mixture of substances that, either whole or subdivided as in the
case of particles comprising a powder, is not capable of visually detectable
flow as determined under ASTM D-4359-90 (2000)e1, including any subsequent
amendments.
(152) "Solvent cleaning
tanks or related equipment" means, but is not limited to, cold cleaners, vapor
degreasers, conveyorized degreasers, film cleaning machines or products
designed to clean miscellaneous metallic parts by immersion in a
container.
(153) "Special purpose
spray adhesive" means any of the aerosol adhesives identified in subparagraphs
(A) through (G) of this subdivision:
(A)
Mounting adhesive, an aerosol adhesive designed to mount photographs, artwork
and any other drawn or printed media permanently to a backing without causing
discoloration to the artwork;
(B)
Automotive engine compartment adhesive, an aerosol adhesive designed for use in
motor vehicle under-the-hood applications that require oil and plasticizer
resistance as well as high shear strength at temperatures of 200ºF to 275º
F;
(C) Flexible vinyl adhesive, an
aerosol adhesive designed to bond a nonrigid polyvinyl chloride plastic with at
least five percent, by weight, of plasticizer content to substrates;
(D) Polystyrene foam adhesive, an aerosol
adhesive designed to bond polystyrene foam to substrates;
(E) Automotive headliner adhesive, an aerosol
adhesive designed to bond together layers in motor vehicle
headliners;
(F) Polyolefin
adhesive, an aerosol adhesive designed to bond polyolefins to substrates;
and
(G) Laminate repair or
edgebanding adhesive, an aerosol adhesive designed for:
(i) Touch-up or repair of items laminated
with sheet materials consisting of a core material that has been laminated at
temperatures exceeding 265 ºF, and at pressures between 1,000 and 1,400 psi,
or
(ii) Touch-up, repair or
attachment of edgebanding materials, including but not limited to, other
laminates, synthetic marble, veneers, wood molding and decorative
metals.
(154)
"Specialty adhesive remover" means a product designed to remove reactive
adhesives from a variety of substrates. For the purposes of this definition,
"reactive adhesive" includes adhesive that requires a hardener or catalyst for
the bond to be formed, epoxy, urethane and silicone. "Specialty adhesive
remover" does not include gasket or thread locking adhesive remover.
(155) "Spot remover" means any product
labeled to clean localized areas, or remove localized spots or stains on cloth
or fabric that does not require subsequent laundering to achieve stain removal.
"Spot remover" does not include dry cleaning fluid, laundry pre-wash or
multi-purpose solvent.
(156) "Spray
buff product" means a product designed to restore a worn floor finish in
conjunction with a floor buffing machine and special pad.
(157) Reserved.
(158) "Structural waterproof adhesive" means
an adhesive with bond lines that are resistant to conditions of continuous
immersion in fresh or salt water and that conforms with Federal Specification
MMM-A-181D (Type 1, Grade A).
(159)
"Temporary hair color" means, for products manufactured on and after May 1,
2018, any product that applies color, glitter, or UV-active pigments to hair,
wigs, or fur and is removable when washed. "Temporary hair color" includes hair
color mousses and products labeled to add texture or thickness to cover
thinning or balding areas, and excludes hair spray, hair styling product, or
hair mousse.
(160) "Tire sealant
and inflator" means any pressurized product that is designed to inflate and
seal a leaking tire for a short period of time.
(161) " Toilet or urinal care product" means
any product designed or labeled to clean or deodorize a toilet bowl, toilet
tank or urinal. For the purpose of this definition, "toilet bowl, toilet tank
or urinal" includes, but is not limited to, any toilet or urinal connected to
permanent plumbing in buildings and other structures, any portable toilet or
urinal placed at temporary or remote locations and any toilet or urinal in
vehicles such as buses, recreational motor homes, boats, ships and aircraft.
Bathroom and tile cleaner and general purpose cleaner are not considered
"toilet or urinal care product."
(162) "Undercoating" means any aerosol
product including, but not limited to, a rubberized, mastic or asphaltic
product designed to impart a protective, non-paint layer to the undercarriage,
trunk interior or the firewall of motor vehicles to prevent the formation of
rust or to deaden sound.
(163) "
Vinyl, fabric, leather or polycarbonate coating" means a coating designed and
labeled exclusively to coat vinyl, fabric, leather or polycarbonate
substrates.
(164) "VOC content"
means, except for charcoal lighter material products, the total weight of
volatile organic components in a product expressed as a percentage of the
product weight exclusive of the container or packaging.
(165) "Wasp and hornet insecticide" means any
insecticide product that is designed for use against wasps, hornets, yellow
jackets or bees and that allows the user to spray from a distance a directed
stream or burst at the intended insects or their hiding place.
(166) "Waterproofer" means a product that is
not a fabric protectant and that is designed and labeled exclusively to repel
water from fabric or leather substrates.
(167) "Wax" means a material or synthetic
thermoplastic substance generally composed of high molecular weight
hydrocarbons or high molecular weight esters of fatty acids or alcohols, except
glycerol, high polymers or plastics, including, but not limited to, substances
derived from the secretions of plants and animals such as carnuba wax and
beeswax, substances of a mineral origin such as ozocerite and paraffin and
synthetic polymers such as polyethylene.
(168) "Web spray adhesive" means any aerosol
adhesive that is not a mist spray or special purpose spray adhesive.
(169) "Wood cleaner" means a product labeled
to clean wooden materials including but not limited to decking, fences,
flooring, logs, cabinetry and furniture. "Wood cleaner" does not include any
dusting aid, general purpose cleaner, furniture maintenance product, floor wax
stripper, floor polish or wax or products designed and labeled exclusively to
preserve or color wood.
(170) "Wood
floor wax" means a wax-based product for use solely on wood floors.