Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 152 - CONTROL OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS FROM CONSUMER PRODUCTS
Section 096-152-6 - Administrative Requirements

(1) Each manufacturer of a consumer product subject to Section 3 of this regulation shall clearly display on each consumer product container or package the day, month, and year on which the product was manufactured, or a code indicating such date.

(2) A manufacturer who uses the following code to indicate the date of manufacture shall not be subject to the requirements of section 6(B)(1), if the code is represented separately from other codes on the product container so that it is easily recognizable:

YY DDD = year year day day day

Where:

"YY" = two digits representing the year in which the product was manufactured, and "DDD" = three digits representing the day of the year on which the product was manufactured, with "001" representing the first day of the year, "002" representing the second day of the year, and so forth (i.e. the "Julian date")

(3) This date or code information shall be displayed on each consumer product container or package no later than twelve months prior to the effective date of the applicable standard specified in Section 3(A).

(4) The date or date-code information shall be located on the container or inside the cover/cap so that it is readily observable or obtainable (by simply removing the cap/cover) without irreversibly disassembling any part of the container or packaging. For the purposes of this subsection, information may be displayed on the bottom of a container as long as it is clearly legible without removing any product packaging.

(5) The requirements of this subsection shall not apply to products containing no VOCs (as defined in Chapter 100 of the Department's regulations), or containing VOCs at 0.10% by weight or less.

(1) If a manufacturer uses a code indicating the date of manufacture for any consumer product subject to Section 3, an explanation of the date portion of the code must be filed with the Department no later than May 1, 2005 for products with an effective date of May 1, 2005, or January 1, 2008 for products with an effective date of January 1, 2009."

(2) If a manufacturer changes any code indicating the date of manufacture for any consumer product subject to Section 6(B)(1), an explanation of the modified code must be submitted to the Department before any products displaying the modified code are sold, supplied, or offered for sale in Maine.

(3) No person shall erase, alter, deface, or otherwise remove or make illegible any date or code indicating the date of manufacture from any regulated product container without the express authorization of the manufacturer.

(4) Date code explanations for codes indicating the date of manufacture are public information and may not be claimed as confidential.

NOTE: Manufacturers who submit information to the Department under this Chapter should mark those documents as "claimed confidential" if they believe the documents should be exempt from disclosure under Maine's Freedom of Access Law, 1 M.R.S.A. §401 et seq. Such documents will be handled in accordance with Departmental policies governing records that may contain confidential information, SOP Number OC PE 0006, and applicable law.

(1) Products Manufactured Before January 1, 2009, and FIFRA-registered Insecticides Manufactured Before January 1, 2010. Notwithstanding the definition of "product category" in Section 2(A)(35) of this Chapter, if anywhere on the principal display panel of any consumer product manufactured before January 1, 2009, or any FIFRA registered insecticide manufactured before January 1, 2010 any representation is made that the product may be used as, or is suitable for use as a consumer product for which a lower VOC limit is specified in Section 3(A), then the lowest VOC limit shall apply. This requirement does not apply to general purpose cleaners, antiperspirant/deodorant products and insecticide foggers.

(2) Products Manufactured on or After January 1, 2009, and FIFRA-registered Insecticides Manufactured on or After January 1, 2010. Notwithstanding the definition of "product category" in Section 2(A)(35), if anywhere on the container or packaging of any consumer product manufactured on or after January 1, 2009, or any FIFRA-registered insecticide manufactured on or after January 1, 2010, or on any sticker or label affixed thereto, any representation is made that the product may be used as, or is suitable for use as a consumer product for which a lower VOC limit is specified in Section 3(A), then the lowest VOC limit shall apply. This requirement does not apply to general purpose cleaners, antiperspirant/deodorant products and insecticide foggers.

(1) In addition to the requirements specified in Sections 6(A), 6(C) and 7, both the manufacturer and responsible party for each aerosol adhesive, adhesive remover, electronic cleaner, electrical cleaner, energized electrical cleaner, and contact adhesive product subject to this regulation shall ensure that all products clearly display the following information on each product container which is manufactured on or after the effective date for the category specified in the Table of Standards in Section 3 of this regulation.

(2) The information required in Section 6(A)(1) shall be displayed on the product container such that it is readily observable without removing or disassembling any portion of the product container or packaging. For the purposes of this subsection, information may be displayed on the bottom of a container as long as it is clearly legible without removing any product packaging.

(3) No person shall remove, alter, conceal, or deface the information required in Section 6(D)(1) prior to final sale of the product.