Current through March 20, 2024
Authority: IC 13-14-8; IC 13-17-3-4
Affected: IC 13-12
Sec. 4.
(a) This rule
shall not apply to any consumer product manufactured in Indiana for shipment
and use outside of Indiana.
(b)
This rule shall not apply to a manufacturer or distributor who sells, supplies,
or offers for sale in Indiana a consumer product that does not comply with the
VOC standards specified in section 3(a) of this rule, as long as the
manufacturer or distributor can demonstrate both that the:
(1) consumer product is intended for shipment
and use outside of Indiana; and
(2)
manufacturer or distributor has taken reasonable prudent precautions to assure
that the consumer product is not distributed in Indiana.
(c) Subsection (b) does not apply to consumer
products that are sold, supplied, or offered for sale by any person to retail
outlets in Indiana.
(d) A retailer
who sells, offers for sale, or holds for sale in Indiana a consumer product
that violates the VOC content limits specified in section 3(a) of this rule
will not be in violation of this rule if the retailer:
(1) upon determining that a noncomplying
product was purchased, immediately discontinues sale of the consumer product in
Indiana; and
(2) demonstrates to
the satisfaction of the department that the purchase was made with reasonable
good faith efforts to assure that the product met the applicable requirements
of this rule. Good faith efforts may be demonstrated by the following:
(A) Written communication between the
retailer and the manufacturers and distributors that the retailer will accept
only consumer products for sale in Indiana that comply with this
rule.
(B) Written agreements
between the retailer and the manufacturers and distributors in which the
manufacturers and distributors commit to supply to the retailer only consumer
products that comply with this rule.
(C) The retailer's use of invoices, purchase
orders, and other contractual and billing documents that specify that the
retailer will only accept consumer products that comply with this
rule.
(e) The
MVOC content standards specified in section 3(a) of this rule for
antiperspirants or deodorants shall not apply to ethanol.
(f) The VOC limits specified in section 3(a)
of this rule shall not apply to the following:
(1) Fragrances up to a combined level of two
percent (2%) by weight contained in any consumer product and shall not apply to
colorants up to a combined level of two percent (2%) by weight contained in any
antiperspirant or deodorant.
(2)
Antiperspirants or deodorants, for those VOCs that contain more than ten (10)
carbon atoms per molecule and for which the vapor pressure is unknown, or that
have a vapor pressure of two (2) mm Hg or less at twenty (20) degrees
Celsius.
(3) Any LVP-VOC.
(4) Air fresheners that are comprised
entirely of fragrance, less compounds not defined as VOCs under section 2 of
this rule or exempted under subdivision (3).
(5) Insecticides containing at least
ninety-eight percent (98%) para-dichlorobenzne.
(6) Adhesives sold in containers of one (1)
fluid ounce or less.
(7) Bait
station insecticides. For purposes of this subsection, "bait station
insecticides" means containers enclosing an insecticidal bait that is not more
than five-tenths (0.5) ounce by weight, where the bait is:
(A) designed to be ingested by insects;
and
(B) composed of solid material
feeding stimulants with less than five percent (5%) active
ingredients.
(g) The requirements of section 7(a) of this
rule shall not apply to consumer products registered under the Federal
Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136, et seq.).
