Consumer Products Regulation 19 

## REGULATION FOR REDUCING EMISSIONS

FROM CONSUMER PRODUCTSConsumer Products Regulation 20 FINAL REGULATION ORDER

REGULATION FOR REDUCING EMISSIONS

FROM CONSUMER PRODUCTS

SUBCHAPTER 8.5 CONSUMER PRODUCTS

Article 2. Consumer Products

§ 94507. Applicability.

Except as provided in Sections 94509(i) and 94510, this article shall apply to any person who sells, supplies, offers for sale, or manufactures consumer products

for use in the state of California.

NOTE: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code.

§ 94508. Definitions.

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

(1) “Adhesive” means any product that is used to bond one surface to another by attachment. “Adhesive” does not include products used on humans and animals, adhesive tape, contact paper, wallpaper, shelf liners, or any other product with an

adhesive incor porated onto or in an inert substrate. For “Contact Adhesive,” “Construction, Panel, and Floor Covering Adhesive,” and “General Purpose Adhesive” only, “adhesive” also does not include units of product, less packaging, which weigh more than one pound and consist of more than 16 fluid ounces. This limitation does not apply to aerosol adhesives.

(2) “Adhesive Remover” means a product designed to remove adhesive from either a specific substrate or a variety of substrates. “Adhesive Remover” does not

inclu de products that remove adhesives intended for use on humans or animals.

For the purpose of this definition and “Adhesive Remover” subcategories (A

- D),

the term “adhesive” shall mean a substance used to bond one or more materials.

Adhesive includes, bu t is not limited to: caulks; sealants; glues; or similar substances used for the purpose of forming a bond.

(A) “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.Consumer Products Regulation 21 (B) “Gasket or Thread Locking Adhesive Remover” means a product designed or labeled to remove gaskets or thread locking adhesives. Products

labeled for dual use as a paint stripper and gasket remover and/or thread locking adhesive remover are considered “Gasket or Thread Locking

Adhesive Remover.”

(C) “ General Purpose Adhesive Remover ” means a product designed or labeled to remove cyanoacrylate adhesives as well as nonreactive adhesives or residue from a variety of substrates. “ General Purpose

Adhesive Remover ” includes, but is not limited to, products that remove thermoplastic adhesives; pressure sensitiv e adhesives; dextrine or

starch

- based adhesives; casein glues; rubber or latex

- based adhesives; as well as products that remove stickers; decals; stencils; or similar

materials. “ General Purpose Adhesive Remover ” does not include “ Floor or Wall Covering Adhesive Remover. ”

(D) “Specialty Adhesive Remover” means a product designed to remove reactive adhesives from a variety of substrates. Reactive adhesives include adhesives that require a hardener or catalyst in order for the bond to occur. Examples of reactive adhesives inclu de, but are not limited to: epoxies; urethanes; silicones. “Specialty Adhesive Remover” does not include “Gasket or Thread Locking Adhesive Remover.”

(3) “Aerosol Adhesive” means any adhesive packaged as an aerosol product in which the spray mechanism i s permanently housed in a nonrefillable can designed for hand

- held application without the need for ancillary hoses or spray equipment. Aerosol adhesives include special purpose spray adhesives, mist spray adhesives, and web spray adhesives.

(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 propella nt 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 connec tion with the commercial production, storage or processing of any animal or plant crop. “Agricultural Use” does not include the sale or use of pesticides in properly labeled packages or containers which are intended for: (A) Home use, (B) Use in structu ral pest control, or (C) Industrial or Institutional use. For the purposes of this definition only:

“Home use” means use in a household or its immediate environment.Consumer Products Regulation 22 “Structural pest control” means a use requiring a license under Chapter 14 (commencing with Section 8500), Division 3, of the Business and

Professions Code.

“Industrial use” means use for or in a manufacturing, mining, or chemical process or use in the operation of factories, processing plants, and similar

sites.

“Institutional use” means use within the confines of, or on property necessary for the operation of buildings such as hospitals, schools, libraries, auditoriums, and office complexes.

(7) “Air Freshener” means any product including, but not limited to, sprays, wicks, wipes, diffu sers, powders, and crystals, designed or labeled for the purpose of masking odors, or freshening, cleaning, scenting, or deodorizing the air. “Air Freshener” includes dual purpose air freshener/disinfectant products. “Air Freshener” does not include prod ucts that are used on the human body, products that function primarily as cleaning products as indicated on a product label, “Odor Remover/Eliminator,” or “Toilet/Urinal Care Product.”

(8) “Alkylphenol Ethoxylate” means, for the purpose of this regulation only, a nonionic surface active agent (surfactant) compound composed of an alkyl chain that contains at least eight carbon atoms and a polyethoxylate chain attached to a benzene ring. “ Alkylphenol Ethoxylate” incl udes, but is not limited to, octylphenol ethoxylate with an alkyl chain consisting of eight carbon atoms and nonylphenol ethoxylate with an alkyl chain consisting of a nine carbon atoms.

(9) “All Other Carbon

- Containing Compounds” means all other compou nds which

contain at least one carbon atom and are not a “Table B” or a “LVP

- VOC.”

(10) “All Other Forms” means all consumer product forms for which no form

- specific VOC standard is specified. Unless specified otherwise by the applicable VOC
standard, “ all other forms” include, but are not limited to, solids, liquids (which includes the liquid containing or liquid impregnated portion of the cloth or paper wipes (towelettes), wicks, powders, and crystals.

(11) “Antimicrobial Hand or Body Cleaner or Soap” means a cleaner or soap which is designed to reduce the level of microorganisms on the skin through germicidal activity, and is regulated as an over

- the

- counter drug by the U.S. Food and Drug

Administration. “A ntimicrobial Hand or Body Cleaner or Soap” includes, but is not limited to, (A) antimicrobial hand or body washes/cleaners, (B) foodhandler hand washes, (C) healthcare personnel hand washes, (D) pre

- operative skin preparations and (E) surgical scrubs. “An timicrobial Hand or Body Cleaner or Soap” does not include prescription drug products, antiperspirants, “Astringent/Toner,” deodorant, “Facial Cleaner or Soap,” “General

- use Hand or Body Cleaner or Soap,” “Hand Dishwashing Detergent” (including antimicrobi al),Consumer Products Regulation 23 “Heavy

- duty Hand Cleaner or Soap,” “Medicated Astringent/Medicated Toner,” and “Rubbing Alcohol.”

(12) “Anti

- Static Product” means a product that is labeled to eliminate, prevent, or inhibit the accumulation of static electricity. “Anti

- Static Produ ct” does not include “Electronic Cleaner,” “Floor Polish or Wax,” “Floor Coating,” and products that meet the definition of “Aerosol Coating Product” or “Architectural Coating.”

(13) “Architectural Coating” means 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 o C. “Aromatic Compound” does not include compounds excluded from the definition of Volatile Organic Compound (VOC) in this Section 94508(a).

(15) "Artist’s Solvent/Thinner" means any liquid product, labeled to meet ASTM

D4236

– 94 (March 1, 2005) Standard Practice for Labeling Art Materials for Chronic Health Hazards, which is incorporated by reference herein, and packaged in a container equal to or less than 34 fluid ounces, labeled to reduce the viscosity of, and or remove, art coating compositions or co mponents.

(16) “ASTM” means ASTM International.

(17) “Astringent/Toner” means any product designed or labeled to be applied to the skin for the purpose of cleaning or tightening pores. This category also includes

clarifiers and substrate

- impregnated products. This category does not include any hand, face, or body cleaner or soap product, “Medicated Astringent/Medicated Toner ,” cold cream, lotion, antiperspirant, or any Astringent/Toner product regulated as a drug by the United States Food and Drug Administration (FDA).

(18) “Automotive Rubbing or Polishing Compound” means a products designed primarily to remove oxidation, ol d paint, scratches or “swirl marks,” and other defects from the painted surfaces of motor vehicles without leaving a protective

barrier.

(19) “ Automotive Wax, Polish, Sealant or Glaze ” means a product designed to seal out moisture, increase gloss, or othe rwise enhance a motor vehicle’s painted

surfaces. “ Automotive Wax, Polish, Sealant or Glaze ” includes, but is not limited to, products designed for use in autobody repair shops and “ drive

- through ” car washes, as well as products designed for the general p ublic. “ Automotive Wax, Polish, Sealant or Glaze ” does not include “ Automotive Rubbing or Polishing Compound, ” automotive wash and wax products, surfactant

- containing car wash products, and products designed for use on unpainted surfaces such as bareConsumer Products Regulation 24 meta l, chrome, glass, or plastic. “ Automotive Wax, Polish, Sealant or Glaze ” products are subcategorized into “ All Other Forms, ” “ Hard Paste Wax, ” and

“ Instant Detailer: ”

( A ) “ All Other Forms ” subcategory consists of all automotive wax, polish, sealant

or glaze products that are not either a “ Hard Paste Wax ” or “ Instant Detailer. ”

( B ) “ Hard Paste Wax ” means a product which (A) is designed to protect and improve the appearance of automotive painted surfaces; (B) is a solid at room temperature; and (C) con tains zero percent water by formulation.

( C ) “ Instant Detailer ” means a product designed for use in a pump spray that is applied to the painted surface of automob iles and wiped off prior to the product being allowed to dry.

(20) “Automotive Windshield Washer Fluid (Dilutable)” means any liquid which meets the following criteria:

(A) the product is sold either in a container with a capacity of 10 gallons or more, or a container with a capacity of one quart or less; and

(B) the product is des igned or labeled for use in a motor vehicle windshield washer fluid system either as an anti

- freeze or for the purpose of cleaning, washing, bug removal, or wetting the windshield(s).

“Automotive Windshield Washer Fluid (Dilutable)” does not include any fluid which is placed in a new motor vehicle at the time the vehicle is manufactured.

(21) “Automotive Windshield Washer Fluid (Pre

- Mixed)” means any liquid which meets the following criteria:

(A) the product is sold in a container with a capacity that is greater than one quart, but less than 10 gallons; and

(B) the product is designed or labeled for use in a motor vehicle windshield washer fluid system as an anti

- freeze or for the purpose of cleaning, washing, bug removal, or wetting the windshield( s).

“Automotive Windshield Washer Fluid (Pre

- Mixed)” does not include any fluid which is placed in a new motor vehicle at the time the vehicle is manufactured.

(22) “Bathroom and Tile Cleaner” means a product designed or labeled to clean tile or

surfaces in bathrooms. “Bathroom and Tile Cleaner” does not include

“Toilet/Urinal Care Product.”

(23) “Brake Cleaner ” means a cleaning product designed or labeled to remove oil,Consumer Products Regulation 25 grease, brake fluid, brake pad material or dirt from motor vehicle brake

mechanisms.

(24) “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 finish: (A) biological

- type residues such as insect carcasses and tree sap and, (B) road grime, such as road tar, roadway paint markings, and asphalt.

(25) “California Sales” means the sales (net pound s of product, less packaging and container, per year) in California for either the calendar year immediately prior to the year that the information required by the Executive Officer pursuant to section 94513 (required information) is due or, if that data i s not available, any consecutive 12 month period commencing no earlier than 2 years prior to the due date of the required information. If direct sales data for California is not available, sales may be estimated by prorating national or regional sales dat a by population.

(26) “Carburetor or Fuel

- Injection Air Intake Cleaner” means a product designed or labeled to remove fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body of a fuel

- injection system, or associated linkages.

“ Carburetor or Fuel

- injection Air Intake Cleaner” does not include products designed or labeled exclusively to be introduced directly into the fuel lines or fuel storage tank prior to introduction into the carburetor or fuel injectors, or products designed or labeled exclusively to be introduced during engine operation directly into air intake vacuum lines by using a pressurized sprayer wand.

(27) “Carpet/Upholstery Cleaner” means a cleaning product designed or labeled for the purpose of eliminating dirt or stains on rugs, carpeting, or objects upholstered or covered with fabrics such as wool, cotton, nylon or other synthetic fabrics. “Carpet/Upholstery Cleaner” includes, but is not limited to, products used on
household furniture, the interior of motor veh icles, and products that make “Fabric Protectant” claims. “Carpet/Upholstery Cleaner” does not include “Spot Remover,” vinyl or leather cleaners, “Dry Cleaning Fluid,” or products designed exclusively for use at industrial facilities engaged in furniture or carpet manufacturing.

(28) “Charcoal Lighter Material” means any combustible material designed to be applied on, incorporated in, added to, or used with charcoal to enhance ignition. “Charcoal Lighter Material” does not include any of the following: (A) electrical starters and probes, (B) metallic cylinders using paper tinder, (C) natural gas, (D) propane, and (E) fat wood.

(29) “Colorant” means any pigment or coloring material used in a consumer product
for an aesthetic effect, or to dramatize an ingredient.Consumer Products Regulation 26 (30) “Construction, Panel, and Floor Covering Adhesive” means any nonaerosol,

one

- component adhesive 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 (drywall or drywall laminates, fiberglass reinforced plastic (FRP), plywood, particle board, insulation board, pre

- decorated hardboard or tileboard, etc.), ceiling and acoustical tile, molding, fixt ures, 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 f looring material, nonresilient flooring material, mirror tiles and other types of tiles, and artificial grass. “Construction, Panel, and Floor Covering Adhesive” does not include “Floor Seam Sealer.”

(31) “Consumer” means any person who seeks, purchases , or acquires any consumer product for personal, family, household, or institutional use. Persons acquiring a consumer product for resale are not “consumers” for that product.

(32) “Consumer Product” means a chemically formulated product used by household and institutional consumers including, but not limited to, detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive spe cialty products ; but does not include other paint products, furniture coatings, or architectural coatings. As used in this article, the term “consumer product” shall also refer to aerosol adhesives, including aerosol adhesives used for consumer, industria l, and commercial uses.

(33) “ Contact Adhesive ” means a nonaerosol adhesive that: (A) is designed for application to both surfaces to be bonded together, and (B) is allowed to dry before the two surfaces are placed in contact with each other, and (C) for ms an immediate bond that is impossible, or difficult, to reposition after both adhesive

coated surfaces are placed in contact with each other, and (D) does not need sustained pressure or clamping of surfaces after the adhesive

- coated surfaces

have been br ought together using sufficient momentary pressure to establish full

contact between both surfaces. “ Contact Adhesive ” does not include rubber cements that are primarily intended for use on paper substrates. “ Contact

Adhesive ” also does not include vulca nizing fluids that are designed and labeled for tire repair only.

(34) “Contact Adhesive

- General Purpose” means any contact adhesive that is not a

“Contact Adhesive

- Special Purpose.”

(35) “ Contact Adhesive

- Special Purpose” means a contact adhesive that: (A) is

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 nonporousConsumer Products Regulation 27 surface, and is sold in units of product, less packaging, that contain more than eight fluid ounces, or (B) is used in automotive applications that are (1.)

automotive under

- the

- hood applications requiring heat, oil or gasoline resistance, or (2.) body

- side molding, automotiv e weatherstrip or decorative trim.

(36) “Container/Packaging” means the part or parts of the consumer or institutional product which serve only to contain, enclose, incorporate, deliver, dispense, wrap or store the chemically formulated substance or mixture of substances which is solely responsible for accomplishing the purposes for which the product was designed or intended. “Contain er/Packaging” includes any article onto or into which the principal display panel and other accompanying literature or graphics are incorporated, etched, printed or attached.

(37) “Crawling Bug Insecticide” means any insecticide product that is designed f or use against ants, cockroaches, or other household crawling arthropods, including, but not limited to, mites, silverfish or spiders. “Crawling Bug Insecticide” does not include products designed to be used exclusively on humans or animals, or any

house dust mite product. For the purposes of this definition only:

“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.

“House dust mite” means mites which feed primarily on skin cells shed in the home by humans and pets and which belong to the phylum Arthropoda, the subphylum C helicerata, the class Arachnida, the subclass Acari, the order Astigmata, and the family Pyroglyphidae.

(38) “Deodorant Body Spray” means:

(A) for products manufactured before January 1, 2006: a “Personal Fragrance Product” with 20 percent or less fragrance.

(B) for products manufactured on or after January 1, 2006: a “Personal Fragrance Product” with 20 percent or less fragrance, that is designed for application all over the human body to provide a scent. A “Deodorant Body Spray” product that indic ates or depicts on the container or packaging, or on any sticker or label affixed thereto, that it can be used on or applied to the human axilla, is a “Deodorant” as defined in section 94501(d).

(39) “Device” means any instrument or contrivance (other tha n a firearm) which is designed for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than bacteria, virus, or other microorganism on or in living man or other living animals); but no t includingConsumer Products Regulation 28 equipment used for the application of pesticides when sold separately therefrom.

(40) "Disinfectant" means a product that is labeled as a "disinfectant", or is labeled to destroy or irreversibly inactivate infectious or other undesirable bacte ria, pathogenic fungi, or viruses on surfaces or inanimate objects and whose label is registered as a "disinfectant" under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136, et seq.). Products that are labeled as

both a "sanitiz er" and a "disinfectant" are considered disinfectants. "Disinfectant" does not include any of the following: (A) products labeled solely for use on humans or animals, (B) products labeled solely for agricultural use, (C) products labeled solely for use i n swimming pools, therapeutic tubs, or hot tubs, (D) products which are labeled to be used on heat sensitive critical or semi

- critical medical devices or medical equipment surfaces, (E) products which are pre

moistened wipes or towelettes sold exclusively to medical, convalescent, or veterinary establishments, (F) products which ar e labeled to be applied to

food

- contact surfaces and are not required to be rinsed prior to contact with food, or (G) products which are labeled as "Bathroom and Tile Cleaner," "Glass Cleaner," "General Purpose Cleaner," "Toilet/Urinal Care Product," "Metal Polish or Cleanser," "Carpet Cleaner," or "Fabric Refresher" that may also make disinfecting or antimicrobial claims on the label.

(41) “Distributor” means any person to who m 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.

(42) “Double Phase Aerosol Air Freshener” means an aerosol air freshener with the

li quid contents in two or more distinct phases that requires the product container be shaken before use to mix the phases, producing an emulsion.

(43) “Dry Cleaning Fluid” means any nonaqueous solvent that is (A) used in dry

- cleaning machines at commercial dry cleaners or used by commercial businesses that clean fabrics such as draperies at the customer’s residence or work place; and (B) is designed and labeled exclusively to clean: (1) fabrics which are labeled “for dry clean only,” such as clo thing or drapery; or (2)

“S

- coded” fabrics. “Dry Cleaning Fluid” does not include “Spot Remover” or “Carpet/Upholstery Cleaner.” For the purposes of this definition, 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

Committee.”

(44) “Dual Purpose Air Freshener/Disinfectant” means an aerosol product that is represented on the product container for use as both a disinfectant and an air freshener, or is so represented on any sticker, label, packaging, or literature attached to the product container.

(45) “Dusting Aid” means a product designed or labeled to assist in removing dustConsumer Products Regulation 29 and other soils from floors and other surfaces without leaving a wax or silicone based coating. “Dusting Aid” does not include “Pressurized Gas Duster.”

(46) “Electrical Cleaner” means a product labeled to remove heavy soils such as grease, grime, or oil from electrical equipment, including, but not limited to, 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 Dus ter,” “Engine Degreaser,” “Anti

- Static Product,” or products designed to clean the casings or housings of electrical equipment.

(47) “Electronic Cleaner” means a product labeled for the removal of dirt, moisture,
dust, flux, or oxides from the internal co mponents of electronic or precision equipment such as circuit boards, and the internal components of electronic devices, including but not limited to, 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 labeled to clean the casings

or housings of electronic equipment. “Electronic Cleaner” does not include any product that meets both of the following criteria:

1) the product is labeled to clean and/or degrease electronic equipment, where cleaning and/or degreasing is accomplished when electrical current exists, or when there is a residual electrical potential from a component;

2) the product label clearly displa ys the statements: “Energized Electronic Equipment use only.”

(48) “Energized Electrical Cleaner” means a product that meets both of the following

criteria:

1) the product is labeled to clean and/or degrease electrical equipment, where cleaning and/or degreasing is accomplished when electrical current exists, or when there is a residual electrical potential from a component such as a capacitor;

2) 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.”

(49) “Engine Degreaser” means a cleaning product designed or labeled to remove grease, grime, oil and other contaminants from the external surfaces of engines and other mechanical parts.Consumer Products Regulation 30 (50) “Executive Officer” means the Executive Officer of the Air Resources Board, or his or her delegate.

(51) “Existing Product” means any formulation of the same product cate gory and form sold, supplied, manufactured, or offered for sale in California prior to the following dates, or any subsequently introduced identical formulation:

(A) October 21, 1991 , for all products listed in section 94509(a) that have initial effective dates of January 1, 1993, or January 1, 1994;

(B) January 6, 1993, for all products listed in section 94509(a) that have initial effective dates of January 1, 1995, or January 1 , 1997, and charcoal lighter materials subject to section 94509(h);

(C) August 16, 1998, for all products listed in section 94509(a) that have initial effective dates of January 1, 2001, January 1, 2002, January 1, 2003, or January 1, 2005;

(D) November 19, 2000, for all products in the following product categories listed in section 94509(a): “ Nonaerosol General Purpose Degreaser, ”

“ Sealant and Caulking Compound, ” and “ Tire Sealant and Inflator. ”

(E) July 20, 2005, for all products listed in section 94509(a) that have an effective date of December 31, 2006, December 31, 2008, or

December 31, 2009; and

(F) December 8, 2007, for all products listed in section 94509(a) that have an initial effective date of December 31, 2008, or December 31, 2010 for Brake Cleaner, Carburetor or Fuel

- Injection Air Intake Cleaner, Aerosol Engine Degreaser, Resilient Flooring Material, Nonresilient Flooring Material, Aerosol General Purpose Degreaser, and Aerosol Temporary Hair Color.

(G) July 18, 2009, for all products listed in section 94509(a) that have an initial effective date of December 31, 2010, or December 31, 2012,
December 31, 2013, or December 31, 2014.

(H) October 20, 2010

, for “ Multi

- purpose Solvent ” and “ Paint Thinner. ”

(I) December 10, 2011, for “ Anti

- Seize Lubricant; ” “ Cutting or Tapping Oil; ”

“ Gear, Chain, or Wire Lubricant; ” and “ Rust Preventative or Rust Control

Lubricant. ”

(52) “Fabric Protectant” means:

(A) for products manufactured before December 31, 2008: a product designed or labeled to be applied to fabric substrates to protect the surface fromConsumer Products Regulation 31 soiling from dirt and other impurities or to reduce absorption of liquid into the fabric’s fibers. “Fabric Protectant” does not include “Waterproofers ,” products designed for use solely on leather, or products designed for use solely on fabrics which are labeled “for dry clean only” and sold in containers

of 10 fluid ounces or less.

(B) for products manufactured on or after December 31, 2008: a product designed or labeled to be applied to fabric substrates to protect the surface from soiling from dirt or other impurities or to reduce absorption of liquid into the fabric’s fibers. “Fabric Protectant” does not include “Waterproofers,” or products labeled for use solely on leather. “Fabric Protectant” does not include pigmented products that are designed or labeled to be used primarily for coloring, products used for construction, reconstruction, modification, structural maintenance or repair of fa bric substrates, or products that renew or restore fabric and qualifying as either “Clear Coating” or “Vinyl/Fabric/Leather/Polycarbonate Coating” under section 94521(a).

(53) “ Fabric Refresher ” means a product labeled to neutralize or eliminate odors on nonlaundered fabric including, but not limited to, soft household surfaces, rugs, carpeting, draperies, bedding, automotive interiors, footwear, athletic equipment, clothing and/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 / Upholstery Cleaner, ” “ Footwear or Leather Care Product, ” “ Spot Remover, ” or “ Disinfectant, ” or products labeled for application to both fabr ic and human skin.

(54) “Fabric Softener

- Single Use Dryer Product” means a laundry care product designed or labeled for single use in the clothes dryer to impart softness to, or control static cling of, a load of washable fabrics; and may impart a fragrance or scent. For the purpose of this definition only, “single use” means a product that is intended for one time use during a single drying cycle and is removed after completion of the drying cycle. A “load” is the amount of washable fabrics in a single drying cycle. “Fabric Softener

- Single Use Dryer Product” includes treated nonwoven sheets which are typically packaged in boxes with a multiple number

of sheets. “Fabric Softener

- Single Use Dryer Product” does not include products applied to washa ble fabrics prior to placing the washable fabrics in the clothes dryer.

(55) “Facial Cleaner or Soap” means a cleaner or soap designed primarily to clean the face. “Facial Cleaner or Soap” includes, but is not limited to, facial cleansing

creams, semisolids, liquids, lotions, and substrate

- impregnated forms. “Facial Cleaner or Soap” does not include prescription drug products, “Antimicrobial Hand or Body Cleaner or Soap,” “Astringent/Toner,” “General

- use Hand or Body Cleaner or Soap,” “Medicated A stringent/Medicated Toner,” or “Rubbing Alcohol.”Consumer Products Regulation 32 (56) “Fat Wood” means pieces of wood kindling with high naturally

- occurring levels of sap or resin which enhance ignition of the kindling. “Fat wood” does not include any kindling with substances added t o en hance flammability, such as

wax

- covered or wax

- impregnated wood

- based products.

(57) “Flea and Tick Insecticide” means any insecticide product that is designed for use against fleas, ticks, their larvae, or their eggs. “Flea and Tick Insecticide” does not include products that are designed to be used exclusively on humans or animals and their bedding.

(58) “Floor Coating” means an opaque coating that is labeled and designed for application to flooring, including but not limited to, decks, porches, steps, and other horizontal surfaces which may be subject to foot traffic.

(59) “Floor Maintenance Product” means any product designed or labeled to restore, maintain, or enhance a previously applied floor finish. “Floor Maintenance

Product” inc ludes, but is not limited to, products that are labeled as Spray Buff products or Floor Maintainers or Restorers. “Floor Maintenance Product” does not include floor polish products, products designed solely for the purpose of cleaning, products designed o r labeled exclusively for use on marble floors, or coatings subject to architectural coatings regulations.

(60) “ Floor Polish or Wax” means a product designed or labeled to polish, wax, condition, protect, temporarily seal, or otherwise enhance floor surf aces by leaving a protective finish that is designed or labeled to be periodically replenished. “Floor Polish or Wax” does not include “Floor Maintenance Products,” “Floor Wax Stripper,” or coatings subject to architectural coatings regulations.

“Floor Polish or Wax” is divided into three subcategories: products for resilient flooring materials, products for nonresilient flooring materials and wood floor wax. For the purposes of this article:

(A) “Resilient Flooring Material” means flexible fl ooring material including but is not limited to, asphalt, cork, linoleum, no

- w ax, rubber, seamless vinyl, and vinyl composite flooring.

(B) “Nonresilient Flooring Material” means floorin g of a mineral content which is

not flexible. “Nonresilient Flooring material” includes but is not limited to terrazzo, marble, slate, granite, brick, stone, ceramic tile, and concrete.

(C) “Wood Floor Wax” means any wax

- based product s designed or labeled for use solely on wood floors. “Wood Floor Wax” does not include products that make the claim to “clean and wax” or “clean and polish.”

(61) “Floor Seam Sealer” means any product designed and labeled exclusively forConsumer Products Regulation 33 bonding, fusing, or sealing (coating) s eams between adjoining rolls of installed flexible sheet flooring.

(62) “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. “Floor Wax Stripper” does not include aerosol floor wax strippers or products designed to remove floor wax solely through abrasion.

(63) “Flying Bug Insecticide” means any insecticide product that is designed for use against flying ins ects or other flying arthropods, including but not limited to flies, mosquitoes, moths, or gnats. “Flying Bug Insecticide” does not include “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 th at the product is suitable for use against flying insects or other flying arthropods.

(64) “ Footwear or Leather Care Product ” means any product designed or labeled to be applied to footwear or to other leather articles/components, to maintain, enhance, clean, protect, or modify the appearance, durability, fit, or flexibility of the footwear or leather article/component. Footwear includes both leather and

nonleather foo t apparel. “ Footwear or Leather Care Product ” does not include

“ Fabric Protectant, ” “ General Purpose Adhesive, ” “ Contact Adhesive, ”

“ Vinyl/Fabric/Leather/Polycarbonate Coating, ” as defined in section 94521(a),

“ Rubber / Vinyl Protectant, ” “ Fabric Refresher, ” products solely for deodorizing, or sealant products with adhesive properties used to create external protective layers greater than 2 millimeters thick.

(65) “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 o C, the sole purpose of which is to impart an
odor or scent, or to counteract a malodor.

(66) “Furniture Maintenance Product” means a wax, polish, conditioner, or any other product labeled for the purpose of polishing, protecting or enhancing finished wood surfaces other than floors, and other furniture surfaces including but not limited to acrylics, ceramic, plastics, stone surfaces, metal surfaces, and fibergl ass. “Furniture Maintenance Product” does not include “Dusting Aid,” “Wood Cleaner,” and products designed solely for the purpose of cleaning, or products designed to leave a permanent finish such as stains, sanding sealers and lacquers.Consumer Products Regulation 34 (67) “Furniture Coating” means any paint designed for application to room furnishings including, but not limited to, cabinets (kitchen, bath and vanity), tables, chairs, beds, and sofas.

(68) “Gel” means a colloid in which the disperse phase has combined with the

contin uous phase to produce a semisolid material, such as jelly.

(69) “ General Purpose Adhesive ” means any nonaerosol adhesive designed for use on a variety of substrates. “ General Purpose Adhesive ” does not include (A) contact adhesives, (B) construction, panel, and floor covering adhesives, (C) adhesives designed exclusively for application on one specific category of substrates (i.e., substrates that are composed of similar materials, such as different types of metals, paper products, ceramics, plastics, rubbers, or vinyls), or (D) adhesives designed exclusively for use on one specific category of articles (i.e., articles that may be composed of different materials but perform a specific function, such as gaskets, automotive trim, weather

- stripping, or carpets).

(70) “General Purpose Cleaner ” means a product labeled to clean a variety of hard surfaces. “General Purpose Cleaner” includes, but is not limited to, products designed or labeled for general floor cleaning, kitchen, countertop, or sink cleaning, and cleaners designed or labeled to b e used on a variety of hard surfaces such as stovetops, cooktops, or microwaves.

(71) “General Purpose Degreaser” means:

(A) for products manufactured before December 31, 2012: any product labeled to remove or dissolve grease, grime, oil and oth er oil

- based contaminants from a variety of substrates, including automotive or miscellaneous metallic parts. “General Purpose Degreaser” does not include “Engine Degreaser,” “General Purpose Cleaner,” “Adhesive Remover,” “Electronic Cleaner,”

“Electr ical Cleaner,” “Energized Electrical Cleaner,” and “Metal Polish or Cleanser.” “General Purpose Degreaser” also does not include products used exclusively in “solvent cleaning tanks or related equipment,” or products that are (A) sold exclusively to es tablishments which manufacture or construct goods or commodities; and (B) labeled “not for retail sale.” “Solvent cleaning tanks or related equipment” includes, but is not limited to, cold cleaners, vapor degreasers, conveyorized degreasers, film clean ing machines, or products designed to clean miscellaneous metallic parts by

immersion in a container.

(B) for products manufactured on or after December 31, 2012: 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” does not include “Adhesive Remover,” “Electrical Cleaner,” “Electronic Cleaner,” “Energized Electrical Cleaner,” “Engine Degre aser,” “General Purpose Cleaner,” “MetalConsumer Products Regulation 35 Polish or Cleanser,” or “Oven or Grill Cleaner.” “General Purpose Degreaser” also does not include products used exclusively in “solvent cleaning tanks or related equipment,” or products that are (A) exclusively

s old directly or through distributors to establishments which manufacture or construct goods or commodities; and (B) labeled exclusively for "use in the manufacturing process only. ” “Solvent cleaning tanks or related equipment”
includes, 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.

(72) “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 washes, dual

- purpose shampoo

- body cleaners, shower or bath gels, and moisturizi ng cleaners or soaps. “General

- use Hand or Body Cleaner or Soap” does not include prescription drug products, “Antimicrobial Hand or Body Cleaner or Soap,” “Astringent/Toner,” “Facial Cleaner or Soap,” “Hand Dishwashing Detergent” (including antimicrobial ), “Heavy

- duty Hand Cleaner or Soap,” “Medicated Astringent/Medicated Toner,” or “Rubbing Alcohol.”

(73) “Glass Cleaner” means a cleaning product designed or labeled primarily for cleaning surfaces made of glass. “Glass Cleaner” does not include products designed or labeled solely for the purpose of cleaning optical materials used in eyeglasses, photographic equipment, scientific equipment and photocopying

machines.

(74) “Global Warming Potential (GWP)” means the radiative forcing impact of one

mass

- based unit of a given greenhouse gas relative to an equivalent unit of carbon dioxide over a given period of time.

(75) “Global Warming Potential Value” or “GWP Value” means the global warming potential value of a chemical or c ompound as specified in the IPCC: 1995 Second Assessment Report (SAR), Table 2.14, in Climate Change 2007: The Physical Sciences Basis. Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change, whi ch is incorporated by reference herein.

If Table 2.14 does not contain a SAR 100

- year GWP Value for a specific chemical or compound, then the 100

- year GWP Value in Table 2.14 for that chemical or compound shall be used. If there is no 100

- year GWP Value for a chemical or compound listed in Table 2.14 or GWP Value listed in Table 2.15, then the GWP Value is assumed to be equal to the GWP limit of the applicable product category.Consumer Products Regulation 36 (76) “ Graffiti Remover ” means a product labeled to remove spray paint, ink, marker, crayon, lipstick, nail polish, or shoe polish, fro m a variety of noncloth or non fabric

substrates. “ Graffiti Remover ” does not include “ Paint Remover or Stripper, ”

“ Nail Polish Remover, ” or “ Spot Remover. ” Products labeled for dual use as both a paint stripper and graffiti remover are considered “ Graffiti Removers. ”

(77) “Gum or Candle Wax Remover” means a product designed or labeled exclusively to remove chewing gum and/or candle wax from soft surfaces s uch as carpet, rugs, upholstery, or fabric.

(78) “Hair Mousse” means a hairstyling foam designed to facilitate styling of a coiffure and provide limited holding power.

(79) “Hair Shine” means any product designed for the primary purpose of creating a shine when applied to the hair. “Hair Shine” includ es, but is not limited to,

dual

- use products designed primarily to impart a sheen to the hair. “Hair Shine” does not include “Hair Spray,” “Hair Mousse,” “Hair Styling Product,” “Hair Styling Gel,” or products whose primary purpose is to condition or hold the hair.

(80) “Hair Styling Gel” means a consumer product manufactured before December 31, 2006, that is a high viscosity, often gelatinous, product that contains a resin and is designed for the app lication to hair to aid in styling and sculpting of the hair coiffure.

(81) “Hair Spray” means:

(A) for products manufactured before December 31, 2006: a consumer product designed primarily for the purpose of dispensing droplets of a resin on and

into a hair coiffure which will impart sufficient rigidity to the coiffure to establish or retain the style for a period of time, and

(B) for products manufactured on or after December 31, 2006: a consumer product that is applied to styled hair, and is desig ned or labeled to provide sufficient rigidity, to hold, retain and/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 subchapter, “finish” or “finishing” means the maintaining and/or holding of previously styled hair for a period of time.

For the purposes of this subchapter, “styling” means the forming, sculpting, or manipulating the hair to temporarily alter the hair's shape.Consumer Products Regulation 37 (82) “Hair Styl ing Product” means a consumer product manufactured on or after

December 31, 2006, that is designed or labeled for the application to wet, damp or dry hair to aid in defining, shaping, lifting, styling and/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 and/or conditioners that make styling claims. “Hair Styling Product” does not include “Hair Mousse,” “Hair Shine,” “Hair Spray,” or shampoos and/or

conditioners that are rins ed from the hair prior to styling.

For the purposes of this subchapter, “finish” or “finishing” means the maintaining and/or holding of previously styled hair for a period of time.

For the purposes of this subchapter, “styling” means the forming, sculpti ng, or manipulating the hair to temporarily alter the hair's shape.

(83) “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, graphit e, 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 products, “Antimicrobial Hand or Body Cleaner or Soap,” “Astringent/Toner,” “Facial Cleaner or So ap,” “General

- use Hand or Body Cleaner or Soap,” “Medicated Astringent/Medicated Toner” or “Rubbing Alcohol.”

(84) “Herbicide” means a pesticide product designed to kill or retard a plant’s growth, but excludes products that are: (A) for agricultural use , or (B) restricted materials that require a permit for use and possession.

(85) “High

- Temperature Coating” means a high performance coating labeled and formulated for application to substrates exposed continuously or intermittently to
temperatures above 204 o C (400 o F).

(86) “Household Product” means any consumer product that is primarily designed to be used inside or outside of living quarters or residences that are occupied or intended for occupation by individuals, including the immediate surround ings.

(8 7 ) “Industrial Maintenance Coating” means a high performance architectural coating, including primers, sealers, undercoaters, intermediate coats, and topcoats formulated for application to substrates, including floors, exposed to one

or more of the following extreme environmental conditions listed below 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 solutions (aqueous and nonaqueous solutions), or chronic exposure of interior surfaces to moistureConsumer Products Regulation 38 condensation; or

(B) Acute or chronic exposure to corrosive, caustic or acidic agents, or to chemicals, chemical fumes, or chemical mixtures or solutions; or

(C) Frequent exposure to temperatures above 121 o C (250 o F); or

(D) Frequent heavy abrasion, including mechanical wear and frequent scrubbing with industrial solvents, cleansers, or scouring agents; or

(E) Exterior exposure of metal structures and structural components.

(88) “Insect Repellent” means a pesticide product that is designed to be applied on human skin, hair or attire worn on humans in order to prevent contact with or repel biting insects or arthropods.

(89) “Insecticide” means a pesticide product that is designed for use against insects or other arthropods, but excluding products that are: (A) for agricultural use, or (B) for a use which requires a structural pest control license under Chapter 14 (commencing with Section 8500) of the Business and Professions Code, or (C) restricted materials that require a permit for use and possession.

(90) “Insecticide Fogger” means any insecticide product designed to release all or most of its content, as a fog or mist , into indoor areas during a single application.

(91) “Institutional Product” or “Industrial and Institutional (I&I) Product” means a consumer product that is designed for use in the maintenance or operation of an establishment that: (A) manufactures, tr ansports, 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. “Establishments” include, but are not limited to, government agencies, factori es, schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service and parts centers, health clubs, theaters, or transportation companies. “Institutional Product” does not include household products and products that are incorpo rated into or used exclusively in the manufacture or construction of the goods or

commodities at the site of the establishment.

(92) “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.

(93) “Laundry Prewash” means a product that is designed for application to a fabric prior to laundering in a wet

- cleaning process, and that supplements and contributes to the effectiveness of laundry detergents and/or provides specializedConsumer Products Regulation 39 performance.

(94) “L aundry Starch/Sizing/Fabric Finish Product” means a product that is labeled for application to a fabric, either during or after laundering, to impart and prolong a crisp, fresh look and may also act to help ease ironing of the fabric. “Laundry

Starch/Sizi ng/Fabric Finish Product” includes, but is not limited to, starch, sizing,

and fabric finish.

(95) “Lawn or Garden Insecticide” means an insecticide product labeled primarily to be used in household lawn or garden areas to protect plants from insects or other arthropods. Notwithstanding the requirements of section 94512(a) aerosol “Lawn or Garden Insecticide” may claim to kill insects or other arthropods.

(96) “Liquid” means a substance or mixture of substances which is capable of a visually detectable flow as determined under ASTM D

- 4359

- 90 (May 25, 1990) Standard Test Method for Determining Whether a Material Is a Liquid or a Solid, which is incorporated by reference herein. “Liquid” does not include powders or other materials that are composed entir ely of solid particles.

(9 7 ) “ Lubricant ” means:

(A) for products manufactured before December 31, 2012: a product that reduces friction, heat, noise, or wear between moving parts, or loosens rusted or immovable parts or mechanisms. “ Lubricant ” does not include automotive power steering fluids; products designed and labeled exclusively to release manufactured products from molds; products for use inside power generating motors, engines, and turbines, and their associated power

transfer gearb oxes; two cycle oils or other products designed to be added to fuels; products for use on the human body or animals; or products that are (1) sold exclusively to establishments which manufacture or construct goods

or commodities, and (2) labeled “ not for r etail sale. ”

(B) for products manufactured on or after December 31, 2012: a product that reduces friction, heat, noise, or wear between moving parts, or loosens rusted or immovable parts or mechanisms. “Lubricant” does not include automotive power st eering fluids; products designed and labeled exclusively to release manufactured products from molds; products for use inside power generating motors, engines, and turbines, and their associated power

transfer gearboxes; two cycle oils or other products de signed to be added to fuels; products for use on the human body or animals; or products that are (1) exclusively sold directly or through distributors to establishments which manufacture or construct goods or commodities, and (2) labeled exclusively

for “use in the manufacturing process only.” “Lubricant” includes products

labeled for use in food

- servicing environments that include, but are not limited to, restaurants and food stores.Consumer Products Regulation 40 (C) “Lubricant” includes the following subcategories (1

- 9):

(1) “Anti

- s eize Lubricant” means any lubricant designed or labeled exclusively for use in high temperature or high pressure conditions to prevent moving metal parts from seizing or galling, and/or to facilitate disassembly of metal parts. A lubricant that meets the definition for “Dry

Lubricant” or “Firearm Lubricant” is not an “Anti

- seize Lubricant.”

(2) “Cutting or Tapping Oil” means any lubricant designed or labeled exclusively for drilling, cutting, or tapping metals.

(3) “Dry Lubricant” means any lubricant which provides lubricity solely by depositing a thin film of solid material including, but not limited to, graphite, molybdenum disulfide (“moly”), polytetrafluoroethylene or closely related fluoropolymer (“teflon”), or boron nitride on surfaces.

(4) “Firearm Lubricant” means any lubricant designed or labeled exclusively for use on firearms or their parts to lubricate and/or to provide corrosion or rust prevention.

(5) “Gear, Chain, or Wire Lubricant” means any lubricant desig ned or labeled exclusively for use on gears, chains, or wire ropes.

(6) “Multi

- purpose Lubricant” means any lubricant designed or labeled for general purpose lubrication, or a lubricant labeled for use in a wide variety of applications. Products that meet the definition for “Anti

- seize Lubricant,” “Cutting or Tapping Oil,” “Dry Lubricant,” “Firearm Lubricant,” “Gear, Chain, or Wire Lubricant,” “Penetrant,” “Rust Preventative or Rust Control Lubricant,” or “Silicone

- based Multi

- purpose Lubricant” are not

“Mu lti

- purpose Lubricants.”

(7) “Penetrant” means a lubricant designed or labeled primarily to loosen metal parts that have bonded together due to rusting, oxidation, or other causes. Lubricants that claim to have penetrating qualities, but are not labeled pr imarily to loosen bonded parts are not “Penetrant” products.

(8) “Rust Preventative or Rust Control Lubricant” means any lubricant designed or labeled primarily for the prevention or control of rust. A

Lubricant that meets the definition for “Firearm Lubricant” is not a “Rust

Preventative or Rust Control Lubricant.”

(9) “Silicone

- based Multi

- purpose Lubricant” means any lubricant which is designed or labeled for general lubrication or for use in a wide variety of applications, in which lubricity is primarily provided through the use of silicone compounds including, but n ot limited to, polydimethylsiloxane.Consumer Products Regulation 41 (98) “LVP

- VOC” means a chemical “compound” or “mixture” that contains at least one

carbon atom and meets one of the following:

(A) has a vapor pressure less than 0.1 mm Hg at 20 o C, as determined by ARB

Method 310; or

(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, as verified by formulation data, and the vapor pressure and boiling point are
unknown; or

(C) is a chemical “compound” with a boiling point greater than 216 o C, as determined by ARB Method 310; or

(D) is the weight percent of a chemical “mixture” that boils above 216 o C, as determined by ARB Method 310.

For the purposes of the definition of LVP

- VOC, chemical “compound” means a
molecule of definite chemical formula and isomeric structure, and chemical “mixture” means a substance comprised of two or more chemical “compounds.”

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

(100) “Medicated Astringent/Medicated Toner” means any product regulated as a drug by the Food and Drug Administration (F DA) which is applied to the skin for the purpose of cleaning or tightening pores. “Medicated Astringent/Medicated Toner”
includes, but is not limited to, clarifiers and substrate

- impregnated products. “Medicated Astringent/Medicated Toner” does not inclu de hand, face, or body cleaner or soap products, “Personal Fragrance Product,” “Astringent/Toner,” cold cream, lotion, antiperspirants, or products that must be purchased with a doctor’s prescription.

(101) “ Metal Polish or Cleanser ” means any product designed or labeled to improve the appearance and/or protect f inished metal, metallic, or metallized surfaces by physical or chemical action. To “improve the appearance” means to remove, or reduce stains, impurities, or oxidation from surfaces or to make surfaces smooth and shiny. “Metal Polish or Cleanser” includes, but is not limited to metal polishes used on brass, silver, chrome, copper, stainless steel a nd other

ornamental metals. “Metal Polish or Cleanser” does not include “Automotive Wax, Polish, Sealant or Glaze,” “ General Purpose Cleaner, ” “Tire or Wheel Cleaner,” “Paint Remover or Stripper,” products designed and labeled exclusively

for automotive a nd marine detailing, or products designed for use in degreasing

tanks.Consumer Products Regulation 42 (102) “Mist Spray Adhesive” means any aerosol adhesive which is not a “Special Purpose Spray Adhesive” and which delivers a particle or mist spray, resulting in the formation of fine, discrete particles that yield a generally uniform and smooth application of ad hesive to the substrate.

(103) “Motor Vehicle Wash” means a product designed or labeled to wash, wash and wax, wash and shine, or wash and/or clean the exterior surface of motor vehicles. “Motor Vehicle Wash” includes, but is not limited to, products for use in commercial, fleet, hand, and “drive through” car washes; commercial truck washing or large vehicle washing stations; vehicle dealers and repair shops as well as products intended for household consumer use. “Motor Vehicle Wash”

does not include “Bug and Tar Remover,” “Glass Cleaner,” “Tire or Wheel Cleaner,” and products labeled for use exclusively on locomotives or aircraft.

( 104 ) “ Multi

- purpose Solvent ” means:

(A) for products manufactured before January 1, 2008: any organic liquid designe d 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. “Multi

- purpose Solvent” includes solvents used in institutional facilities, except for labo ratory reagents used in analytical, educational, research, scientific or other laboratories. “Multi

- purpose Solvent” does not include solvents used in cold cleaners, vapor degreasers, conveyorized degreasers or film cleaning machines, or solvents that are incorporated into, or used exclusively in the manufacture or construction of, the goods or commodities at the site of the establishment.

(B) for products manufactured on or after January 1, 2008: any liquid product designed or labeled to be used for di spersing

, dissolving

, or removing contaminants or other organic materials. “ Multi

- purpose Solvent ” also

includes : 1

. products that do not display specific use instructions on the product container or packaging ; 2

. products that do not specify an end

- use function or application on the product container or packaging ; 3

. solvents used in institutional facilities, except for laboratory reagents used in analytical, educational, research, scientific or other laboratories ; 4

. “ Paint

c lean

- up ” products ; and 5

. pr oducts labeled to prepare surfaces for painting. For the purposes of this definition only, “ Paint clean

- up ” means any liquid product labeled for cleaning oil

- based or water

- based paint, lacquer, varnish, or related coatings from, but not limited to, paint ing equipment or tools, plastics, or metals. “ Multi

- purpose Solvent ” does not include 1

. solvents used in cold cleaners, vapor degreasers, conveyorized degreasers or film cleaning machines ; 2

. solvents labeled exclusively for the clean

- up of application equipment used for polyaspartic and polyurea coatings ;
3

. solvents that are incorporated into, or used exclusively in the manufacture or construction of, the goods or commodities at the site of the establishment ;Consumer Products Regulation 43 4

. Pr oducts that are labeled exclusively to clean a specific contaminant, on a single substrate, in specific situations; or 5

. any product making any representation that the product may be used as, or is suitable for use as a consumer product which meets anothe r definition in section 94508 (a) ; such products are not “ Multi

- purpose Solvents ” and are subject to the “ Most

Restrictive Limit ” provision s of section 94512 (a)

.

(105) “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.

(106) “Nail Polish Remover” means a product designed to remove nail polish and coatings from fingernails or toenails.

(107) “ Non c arbon Containing Compound ” means any compound which does not contain any carbon atoms.

(108) “ Non s elective Terrestrial Herbicide ” means a terrestrial herbicide product that is toxic to plants without regard to species.

(109) “Odor Remover/Eliminator” means a product that is designed or labeled to be applied exclusively to hard surfaces to inhibit the ability of soils to create malodors, or functions to entrap, encapsulate, neutralize, convert or eliminate

malodor molecules. “Odor Remover/Eliminator” does not include products designed or labeled for use in cleaning soils from hard surfaces, laundering, softening, de

- wrinkling or cleaning fabrics, or dishwashing, or products that are defined as “Air Freshener,” “Bathroom and Tile Cleaner,” “Carpet/Upholstery

Cle aner,” “Fabric Refresher,” “General Purpose Cleaner,” “Toilet/Urinal Care Product,” “Disinfectant,” or “Sanitizer.”

(110) “ Oven or Grill Cleaner ” means a product labeled exclusively to remove baked on

greases and/or deposits from food preparation and/or food cooking surfaces. A product that is labeled as an “ Oven or Grill Cleaner ” that makes claims that it is suitable for degreasing other hard surfaces is a “ General Purpose Degreaser. ” 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. ”

(111) “Paint” means any pigmented liquid, liquefiable, or mastic composition designed for applicat ion 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.

(112) “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. “P aint Remover or Stripper” does not includeConsumer Products Regulation 44 “Multi

- purpose Solvent,” paint brush cleaners, products designed and labeled exclusively as “Graffiti Remover,” and hand cleaner products that claim to remove paints and other related coatings from skin.

(113) “Paint Thinner” means 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 Thin ner” does not include any of the following products:

(A) “Artist’s Solvent/Thinner;”

(B) products that are sold in containers with a ca pacity of 5 gallons or more and labeled exclusively for the thinning of Industrial Maintenance Coatings,

Z inc

- Rich Primers, or High Temperature Coatings;

(C) products labeled and used exclusively as an i ngredient in a specific coating or coating brand line, whereby the coating w ould not be complete or useable without the specific ingredient;

(D) products that meet both of the following criteria:

1. the Principle Display Panel of the product di splays, in a font size as large as, or larger than, the font size of all other words on the panel, language that the product is used exclusively for the thinning of Industrial Maintenance Coatings, Zinc

- Rich Primers, or H igh Temperature Coatings,

and

2. no representation is made anywh ere on the product container or packaging, or any label or sticker attach ed thereto, that the product is suitable for use or may be used for any other purpose except the thinning

of Industrial Maintenance Coati ngs, Zinc

- Rich Primers, or High Temperature Coatings.

(114) “Person” shall have the same meaning as defined in Health and Safety Code

Section 39047.

(115) “ 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, but not limited to, cologne, perfume, aftershave, toilet water, l otion, powder, body mist, and body spray. “ Personal Fragrance Product ” does not include: (A) Deodorant, as defined in section 94501(d); (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 designed or labeled to be used primarily to alleviate skin conditions such as dryness and irritations; (E) products designed exclusively to b e applied to human genitalia areas, undergarments, andConsumer Products Regulation 45 any paper products, napkins or other products that are affixed to undergarments, such as sanitary pads; (F) soaps, shampoos, and products primarily used to clean the human body; and (G) fragrance pr oducts designed to be used exclusively on nonhuman animals.

(116) “Pesticide” means and includes 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, provided that the term “pesticide” will not include any substance, mixture of substances, or device

which the United States Environmental Protec tion Agency does not consider to be a pesticide.

(117) “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 Aid,” “General Purpose Cleaner,” “Electrical Cleaner,” “Electronic Cleaner,” “Energized Electrical Cleaner,” or “Anti

- Static Product.” “Pressurized Gas Duster” does not include products labeled exclusively to remove dust from equipment where dust removal is accomplished when: electric current exists; residual electrical potential from a component such as a capacitor ex ists; or an open flame exists, as long as the “Principal Display Panel” clearly displays the statement: “Energized Equipment use only.”

(118) “Principal Display Panel or Panels” means that part, or those parts of a label that are so designed as to most l ikely 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 suc h “principal display panels.”

(119) “Product Brand Name” means the name of the product exactly as it appears on the principal display panel of the product.

(120) “Product Category” means the applicable category which best describes the product as listed in this Section 94508.

(121) “Product Form,” for the purpose of complying with Section 94513 only, means the applicable form which most accurately describes the product's dispensing form

as follows:

A = Aerosol Product

S = Solid

P = Pump Spray

L = LiquidConsumer Products Regulation 46 SS = Semisolid

O = Other

(122) “Propellant” means a liquefied or compressed gas that is used in whole or in part, such as a cosolvent, to expel a liquid or any ot her material from the same

self

- pressurized container or from a separate container.

(123) “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.

(124) “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.

(125) “Restricted Materials” means pesticides established as restricted materials under Title 3, California Code of Regulations, section 6400.

(126) “Retailer” means any person who sells, supplies, or offers consumer products for sale directly to consumers.

(127) “Retail Outlet” means any establishment at which consumer products are sold, supplied, or offered for sale directly to consumers.

(128) “Rubber/Vinyl Protectant” means:

(A) for products manufactured before December 31, 2008: any product designed to protect, preserve or renew vinyl, rubber, and plastic on vehicles, tires, luggage, furniture, and household products such as vinyl covers, clothing, and accessories. “Rubber/Vinyl Protectant” does not include products pr imarily designed to clean the wheel rim, such as aluminum or magnesium wheel cleaners, and tire cleaners that do not leave an

appearance

- enhancing or protective substance on the tire.

(B) for products manufactured on or after December 31, 2008 : any product labeled to protect, preserve or renew vinyl, or rubber on vehicles, tires, luggage, furniture, and/or household products such as vinyl covers, clothing, or accessories. “Rubber/Vinyl Protectant” does not include: products labeled

to clean t he wheel rim, such as aluminum or magnesium wheel cleaners; tire cleaners that do not leave an appearance

- enhancing or protective substance on the tire; pigmented products designed or labeled to be used primarily for coloring; products used for constructio n, reconstruction, modification, structural maintenance or repair of rubber or vinyl substrates; or products, other than those labeled to be used on vehicle tires, qualifying as eitherConsumer Products Regulation 47 “Clear Coating” or “Vinyl/Fabric/Leather/Polycarbonate Coating” under

section 94521(a).

(129) “Rubbing Alcohol” means any product containing isopropyl alcohol (also called isopropanol) 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, and for massage.

(130) “ Sanitizer ” means a product that is labeled as a “ sanitizer, ” or is labeled to reduce, but not necessarily eliminate, microorganisms in the air, on surfaces, or on inanimate objects, and whose label is registered as a “ sanitizer ” under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7 U.S.C. section 136 et seq.). Products that are labeled as both a “ sanitizer ” and a “ disinfectant ”

are considered disinfectants. “ Sanitizer ” does not include (A) “ Disinfec tant, ” (B) products labeled solely for use on humans or animals, (C) products labeled solely for agricultural use, (D) products labeled solely for use in swimming pools, therapeutic tubs, or hot tubs, (E) products which are labeled to be used on heat

sensi tive critical or semi

- critical medical devices or medical equipment surfaces, (F) products which are pre

- moistened wipes or towelettes sold exclusively to medical, convalescent or veterinary establishments (G) products which are labeled to be applied to fo od

- contact surfaces and are not required to be rinsed prior to contact with food, or (H) products which are labeled as “ Bathroom and Tile Cleaner, ” “ Glass Cleaner, ” “ General Purpose Cleaner, ” “ Toilet/Urinal Care
Product, ” “ Metal Polish or Cleanser

, ” “ Carpe t Cleaner, ” or “ Fabric Refresher ” that may also make sanitizing or antimicrobial claims on the label.

(131) “ Sealant or Caulking Compound ” means any product with adhesive properties that is designed to fill, seal, waterproof, or weatherproof gaps or joints between

two surfaces. “ Sealant or Caulking Compound ” does not include pipe thread

sealants or pipe joint compounds; roof cements and roof sealants; insulating foams; removable caulking compounds; clear/paintable/water resistant caulking compounds; floor seam sealers; products designed exclusively for automotive uses; or sealers that are applied as continuous coatings. “ Sealant or Caulking Compound ” also does not include units of product, less packaging, which weigh more than one pound and consist of more than 16 fluid ounces. For the purposes of this definition only:

“ Removable caulking compounds ” means a compound wh ich temporarily seals

windows or doors for three to six month time intervals.

“ Clear/paintable/water resistant caulking compounds ” means a compound which contains no appreciable level of opaque fillers or pigments; transmits most or all visible light thr ough the caulk when cured; is paintable; and is immediately resistant to precipitation upon application.Consumer Products Regulation 48 “ Sealant or Caulking Compound ” is divided into two subcategories:

(A) “Chemically Curing Sealant or Caulking Compound” means any “Sealant or

Caulki ng Compound” which achieves its final composition and physical form through a chemical curing process, where product ingredients participate in a chemical reaction in the presence of a catalyst that causes a change in

chemical structure and leads to the re lease of chemical byproducts. “Chemically Curing Sealant or Caulking Compound” includes, but is not limited to, products that utilize silicone, polyurethane, silyl

- terminated polyether, or silyl

- terminated polyurethane reactive chemistries. “Chemically

C uring Sealant or Caulking Compound” does not include products which are not solely dependent on a chemically curing process to achieve the cured

state.

(B) “ Nonchemically Curing Sealant or Caulking Compound ” means any “ Sealant or Caulking Compound ” not de fined under “ Chemically Curing Sealant or Caulking Compound. ”

(132) “Semisolid” means a product that, at room temperature, will not pour, but will spread or deform easily, including but not limited to gels, pastes, and greases.

(133) “Shaving Cream” means an aerosol product which dispenses a foam lather

intended to be used with a blade o r cartridge razor, or other wet

- shaving system, in the removal of facial or other bodily hair. “Shaving Cream” does not include “Shaving Gel.”

(134) “Shaving Gel” me ans an aerosol product whic h dispenses a post

- foaming

semi

- solid designed to be used with a blade, cartridge razor, or other shaving system in the removal of facial or other bodily hair. “Shaving Gel” does not include “Shaving Cream.”

(135) “ Single Phase Aerosol Air Freshener” means an aerosol air freshener with

the liquid contents in a single homogeneous phase and which does not require that the product container be shaken before use

.

(136) “Solid” means a substance or mixture of substances which, either whole or subdivided (such as the particles comprising a powder), is not capable of visually

detectable flow as determined under ASTM D

- 4359

- 90 (May 25, 1990) Standard Test Method for Determining Whether a Material Is a Liquid or a Solid, whic h is incorporated by reference herein.

(137) “ Special Purpose Spray Adhesive ” means an aerosol adhesive that meets any of the following definitions:Consumer Products Regulation 49 (A) “Mounting Adhesive” means an aerosol adhesive designed to permanently mount photographs, artwork, and any other drawn or printed media to a backing (paper, board, cloth, etc.) without causing discoloration to the

artwork.

(B) “Flexible Vinyl Adhesive” means an aerosol adhesive designed to bond flexible vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl chloride plastic with at least five percent, by weight, of plasticizer content. A plasticizer is a material, such as a high boiling point organic solvent, that is incorporated into a vinyl to increase its flexib ility, workability, or distensibility, and may be determined using ASTM Method E260

- 91 (Jan. 25, 1991) Standard Practice for Packed Column Gas Chromatography, which is incorporated by reference herein, or from product formulation data.

(C) “Polystyrene F oam Adhesive” means an aerosol adhesive designed to bond polystyrene foam (e.g. Styrofoam®, expanded polystyrene foam, etc.) to

substrates.

(D) “Automobile Headliner Adhesive” means an aerosol adhesive designed to bond together layers in motor vehicle headliners.

(E) “Polyolefin Adhesive” means an aerosol adhesive designed to bond polyolefins (e.g. polyethylene, polypropylene, etc.) to subst rates.

(F) “Laminate Repair/Edgebanding Adhesive” means an aerosol adhesive designed for:

1. the touch

- up or repair of items laminated with high pressure laminates (e.g. lifted edges, delaminations, etc.), or for

2. the touch

- up, repair, or attachment of edgebanding materials, including, but not limited to, other laminates, synthetic marble, veneers, wood moulding, and decorative metals.

For the purposes of this definition “high pressure laminate” means sheet materials which consist of paper, fabric, or other core material that have been laminated at temperatures exceeding 265 degrees F, and at pressures between 1,000 and 1,400 psi.

(G) “ Automotive Engine Compartment Adhesive ” means an aerosol adhesive designed for use in motor vehicle under

- the

- hood applications which require oil and plasticizer resistance, as well as high shear strength, at temperatures

of 200

- 275 degrees Fahrenheit.

(138) “ Spot Remover ” means any product labeled to clean localized areas, or remove localized spots or stains on cloth or fabric such as drapes, carpets, upholstery, orConsumer Products Regulation 50 clothing, that may or may not require subsequent laundering to achieve stain

removal. “ Spot Remover ” includes spotting agents used by commercial dry c lean ing and “ laundering ” operation s. “ Spot Remover ” does not include

“ Laundry Prewash ” or aerosol products labeled solely for gum removal.

(139) “Spray Buff Product” means a product designed to restore a worn floor finish in conjunction with a floor buffing machine and special pad.

(140) “Tab le B Compound” means any carbon

- containing compound listed as an exception to the definition of VOC in Section 94508.

(141) “Temporary Hair Color” means 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/balding areas. “Temporary Hair Color” does not include “Hair Spray,” “Hair Styling Product,” or “Hair

Mousse.”

(142) “Terrestrial” means to live on or grow from land.

(143) “Tire or Wheel Cleaner” means a product designed or labeled exclusively to clean either tires, wheels, or both. “Tire or Wheel Cleaner” includes, but

is no t limited to, products for use in commercial, fleet, hand, and “drive

through” car washes; commercial truck washing or large vehicle washing stations; vehicle dealers and repair shops, as well as household consumer products. “Tire or Wheel Cleaner” does n ot include products labeled for use exclusively on locomotives or aircraft.

(144) “Tire Sealant and Inflator” means any pressurized product that is designed to temporarily inflate and seal a leaking tire.

(145) “Toilet/Urinal Care Product” means any prod uct designed or labeled to clean and/or to deodorize toilet bowls, toilet tanks, or urinals. Toilet bowls, toilet tanks, or urinals includes, but is not limited to, toilets or urinals connected to permanent plumbing in buildings and other structures, port able toilets or urinals placed at temporary or remote locations, and toilet or urinals in vehicles such as buses, recreational motor homes, boats, ships, and aircraft. “Toilet/Urinal Care Product”

does not include “Bathroom and Tile Cleaner” or “General P urpose Cleaner.”

(146) “Type A Propellent” means a compressed gas such as CO 2 , N 2 , N 2 O, or compressed air which is used as a propellent, and is either incorporated with the product or contained in a separate chamber within the product's packaging.

(147) “Type B Propellent” means any halocarbon which is used as a propellent including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs).Consumer Products Regulation 51 (148) “Type C Propellent” means any propellent which is not a Type A or Type B

p ropellent, including propane, isobutane, n

- butane, and dimethyl ether (also known as dimethyl oxide).

(149) “ Undercoating ” means any aerosol product designed to impart a protective, nonpaint layer to the undercarriage, trunk interior, and/or firewall of m otor vehicles to prevent the formation of rust or to deaden sound. “ Undercoating ” includes, but is not limited to, rubberized, mastic, or asphaltic products.

(150) “Usage Directions” means the text or graphics on the product's principal display panel, label, or accompanying literature which describes to the end user how and in what quantity the product is to be used.

(151) “Volatile Organic Compound (VOC)” means any compound containing at least one atom of carbon, excluding carbon monoxide, carbon diox ide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, and excluding the following:

(A) methane, methylene chloride (dichloromethane),
1,1,1

- trichloroethane (methyl chloroform), trichlorofluoromethane (CFC

- 11), dichlorodifluoromethane (CFC

- 12),
1,1,2

- trichloro

- 1,2,2

- trifluoroethane (CFC

- 113),
1,2

- dichloro

- 1,1,2,2

- tetrafluoroethane (CFC

- 114), chloropentafluoroethane (CFC

- 115), chlorodifluoromethane (HCFC

- 22),
1,1,1

- trifluoro

- 2,2

- dichloroethane (HCFC

- 123),
1, 1

- dichloro

- 1

- fluoroethane (HCFC

- 141b),

1

- chloro

- 1,1

- difluoroethane (HCFC

- 142b),

2

- chloro

- 1,1,1,2

- tetrafluoroethane (HCFC

- 124), trifluoromethane (HFC

- 23),
1,1,2,2

- tetrafluoroethane (HFC

- 134),
1,1,1,2

- tetrafluoroethane (HFC

- 134a), pentafluoroethane (HFC

- 125),
1,1,1

- trifluoroethane (HFC

- 143a),
1,1

- difluoroethane (HFC

- 152a), ethoxy

- nonafluorobutane (HFE 7200), cyclic, branched, or linear completely methylated siloxanes, the following classes of perfluorocarbons:

1. cyclic, branched, or linear, completely fluorinated alkanes;

2. cyclic, branched, or linear, completely fluorinated ethers with no
unsaturations;

3. cyclic, branched, or linear, completely fluorinated tertiary amines withConsumer Products Regulation 52 no unsaturations; and

4. sulfur

- containing perfluorocarbons with no unsaturations and with the sulfur bonds to carbon and fluorine, and

(B) the following low

- reactive organic compounds which have been exempted by

the U.S. EPA:

acetone, ethane, methyl acetate, parachlorobenzotrifluoride (1

- chloro

- 4

- trifluoromethyl benzene), perchloroethylene (tetrachloroethylene).

(152) “VOC Content” means the total weight of VOC in a product expressed as a percentage of the product weight (exclusive of the container or packaging), as determined pursuant to sections 94515(a) and (b).

(153) “ Wasp or Hornet Insecticide ” means any insecticide product that is designed for use against wasps, hornets, yellow jackets or bees by allowing the user to spray

from a distance a direc ted stream or burst at the intended insects, or their hiding place.

(154) “Waterproofer” means a product designed and labeled exclusively to repel water from fabric or leather substrates. “Waterproofer” does not include “Fabric

Protectant.”

(155) “ Wax ” means a material or synthetic thermoplastic substance generally of high molecular weight hydrocarbons or high molecular weight esters of fatty acids or alcohols, except glycerol and high polymers (plastics). “ Wax ” includes, but is not
limited to, substan ces derived from the secretions of plants and animals such as

carnauba wax and beeswax, substances of a mineral origin such as ozocerite and paraffin, and synthetic polymers such as polyethylene.

(156) “Web Spray Adhesive” means any aerosol adhesive which is not a “Mist Spray Adhesive” or “Special Purpose Spray Adhesive.”

(157) “Windshield Water Repellent” means a product designed or labeled exclusively to repel water from motor vehicle exterior automotive glass surfaces. “Windshield Water Repellent” doe s not include “Automotive Windshield Washer Fluid.”

(158) “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 “Dusting Ai d,” General Purpose Cleaner,” “Furniture Maintenance Product,” “Floor Wax Stripper,” “Floor Polish or Wax,” or products designed and labeled exclusively to preserve or color wood.Consumer Products Regulation 53 (159) “Zinc

- Rich Primer” means a coating that meets all the following specifications: (A) coating contains at least 65 percent metallic zinc powder or zinc dust by weight of total solids; and (B) coating is formulated for application to metal substrates to provide a firm bond between the substrate and subsequent application s of coatings; and (C) coating 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.”

NOTE: Authority cited: Sections 38501, 38510, 3856 0, 38560.5, 38562, 38580, 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 38501, 38510, 38560, 38560.5, 38562, 38580, 39002, 39600, 40000 and 41712, Health and Safety Code.

§ 94509

. Standards for Consumer Products

.

(a) Except as provided in Sections 94510 (Exemptions), 94511 (Innovative Products), 94514 (Variances), 94540 through 94555 (Alternative Control Plan), and 94567(a)(1) (Hairspray Credit Program), Title 17, California Code of Regulations, no person shall sell, supply, off er for sale, or manufacture for sale in California any consumer product which, at the time of sale or manufacture, contains volatile organic compounds in excess of the limits specified in the following Table of Standards after the specified effective dates

.

**Table of Standards Percent Volatile Organic Compound by Weight** 

**Product Category Effective** 

**Date 1**  **VOC**

**Standard 2** 

Adhesive*:

======================================== [*See section 94510(i) for an exemption that applies

to adhesives

. ]

-----------------------------------------------------------------------

Aerosol**

----------------------------------------------------------------------- Mist Spray Adhesive**

-----------------------------------------------------------------------

Web Spray Adhesive**

----------------------------------------------------------------------- Special Purpose Spray Adhesive** Mounting, Automotive Engine C ompartment, and Flexible Vinyl Adhesive Polystyrene Foam and Automobile Headliner

Adhesive Polyolefin and Laminate Repair/Edgebanding

Adhesive

======================================== [**See subsection s 94509 (i) and 94509 (m) (1)

, and ===========

=========== 1/1/95

-------------------- 1/1/2002

-------------------- 1/1/2002

--------------------

1/1/2002

1/1/2002

1/1/2002

=========== ==========

========== 75

----------------- - 65

----------------- 55

-----------------

70

65

60

==========Consumer Products Regulation 54 sections 94512(d) , and 94513(d) for a dditional requirements that apply to aerosol adhesive.]

---------------------------------------------------------------------- - Construction, Panel, and Floor Covering #

======================================= = [ # See section 94509(k) for the effective date of the VOC limit for certain types of Construction, Panel, and Floor Covering Adhesive, and sub section

94509 (m) (1) for additional requirements that apply to Construction, Panel, and Floor Covering Adhesive.]

======================================= = Contact ##

Contact Adhesive

– General Purpose

Contact Adhesive

– Special Purpose

======================================== [ ## See sub section s 94509(m) (1) and section 94512(d) for additional requirements that apply to Contact Adhesive.]

======================================== General Purpose =========== 1/1/95

12/31/2002

12/31/2008

==========

========== 1/1/95

12/31/2006

12/31/2006

===========

=========== 1/1/95 ========== 40

15

7

==========

========== 80

55

80

==========

========= 10

Adhesive Remover*: Floor or Wall Covering Adhesive Remover

-------------------------------------------------------------------- --- Gasket or Thread Locking Adhesive Remover

-------------------------------------------------------------------- --- General Purpose Adhesive Remover

------------------------------------------------------------------- --- - Specialty Adhesive Remover

======================================= = [*See sub section s 94509 (m) (1) and section 94512(d) for additional requirements that apply to Adhesive Remover.] 12/31/2006

-------------------- 12/31/2006

-------------------- 12/31/2006

-------------------- 12/31/2006

=========== 5

------------------ 50

------------------ 20

------------------ 70

==========

Aerosol Cooking Spray 1/1/95 18

Air Freshener*:

D ouble Phase Aerosol **

----------------------------------------------------------------------- Single Phase Aerosol

----------------------------------------------------------------------- Dual Purpose Air Freshener/Disinfectant

aerosol

----------------------------------------------------------------------- liquid/pump spray 1/1/93

12/31/2004

12/31/2012

-------------------- 1/1/93

1/1/96

--------------------

1/1/94

-------------------- 1/1/93 30

25

20

------------------ 70

30

------------------

60

------------------ 18Consumer Products Regulation 55 --------------------------------- -------------------------------------- solid/semisolid #

======================================== [*See sections 94510(f) for an exemption that appl ies

to Air Freshener .] [** See section 94509(n) for additional requirements that apply to Double Phase Aerosol Air Freshener. ] [ # See subsections 94509(m)(2) and 94510( g)(2) for additional provisions that apply to Air Freshener (solid).] -------------------- 1/1/93

=========== ------------------ 3

==========

Anti

- static Product:

aerosol

----------------------------------------------------------------------- nonaerosol 12/31/2008

-------------------- 12/31/2006 80

------------------ 11
Astringent/Toner 12/31/2010 35
Automotive Rubbing or Polishing Compound

all forms 1/1/2005 17

Automotive Wax/Polish/Sealant/Glaze:

all other forms

--------------------------------------- -------------------------------

hard paste wax

----------------------------------------------------------------------- instant detailer 1/1/2005

-------------------- 1/1/2005

-------------------- 1/1/2001 15

------------------ 45

------------------ 3

Automotive Windshield Washer Fluid:

Type “ A ” areas *

========================================

* Type “A” areas include only the following: Del Norte, Shasta and Trinity Counties; the Great Basin Valley, Lake Tahoe, Mountain Counties, and
Northeast Plateau Air Basins, as defined in Title 17, California Code of Regulations, Sections 60105,
60108, 60111, and 60113.

---------------------------------- -------------------------------------

All other areas **

======================================== **See section 94508(a)( 20 ), section 94508(a)( 21 ), and section 94509(l) for provisions that apply to

Automotive Windshield Washer Fluid. 1/1/93

12/31/2008

===========

-------------------- 1/1/93

12/31/2002

=========== 35

25

==========

------------------ 10

1

==========Consumer Products Regulation 56 Bathroom and Tile Cleaner*:

aerosol

-----------------------------------------------------------------------

all other forms

----------------------------------------------------------------------- nonaerosol

======================================== [*See sub section 94509 (m) (1) for additional requirements that apply to Bathroom and Tile Cleaner.] 1/1/94

-------------------- 1/1/94

-------------------- 12/31/2008

=========== 7

------------------ 5

------------------ 1

=========

Brake Cleaner *

======================================== [*See sub section 94509(m) (1) for additional requirements that apply to Brake Cleaner] 1/1/97

12/31/2002

12/31/2008

12/31/2010

=========== 50

45

20

10

=========

Bug and Tar Remover 1/1/2002 40

Carburetor or Fuel

- injection Air Intake Cleaner *

=========== ============================= [ * See section 94509(k) for the effective date of the

VOC limit and see sub section 94509(m) (1) for additional requirements that apply to Carburetor or

Fuel

- injection Air Intake Cleaner

. ] 1/1/95

12/31/2002

12/31/2008

12/31/2010

=========== 75

45

20

10

==========

Carpet/Upholstery Cleaner*:

aerosol

----------------------------------------------------------------------- nonaerosol (dilutable)

----------------------------------------------------------------------- nonaerosol (ready

- to

- use)

======================================== [*See sub section 94509 (m) (1) for additional requirements that apply to Carpet/Upholstery Cleaner] 1/1/2001

12/31/2010

-------------------- 1/1/2001

-------------------- 1/1/2001

12/31/2010

=========== 7

5

------------------ 0

. 1

------------------ 3

1

==========

Charcoal Lighter Material See Section 94509(h)

Disinfectant:

aerosol

----------------------------------------------------------------------- nonaerosol 12/31/2008

------------------

12/31/2008 70

------------------ 1Consumer Products Regulation 57 Dusting Aid:

aerosol

----------------------------------------------------------------------- nonaerosol 1/1/95

1/1/97

12/31/2010

-------------------- 1/1/95

12/31/2010 35

25

17

------------------ 7

3

Electrical Cleaner*

======================================== [*See sub section s 94509 (m ) (1 ) and section 94512(d) for additional requirements that apply to Electrical Cleaner.] 12/31/2006

=========== 45

==========

Electronic Cleaner*

===================================== = == [*See sub section 94509(m) (1) and section 94512(d) for additional requirements that apply to Electronic Cleaner.] 12/31/2007

=========== 75

==========

Engine Degreaser * :

-----------------------------------------------------------------------

aerosol

----------------------------------------------------------------------- nonaerosol

======================================== [*See sub section 94509(m) (1) for additional requirements that apply to Engine Degreaser] 1/1/93

1/1/96

-------------------- 12/31/2004

12/31/2010

-------------------- 12/31/2004

=========== 75

50

------------------ 35

10

------------------ 5

==========

Fabric Protectant*

aerosol

----------------------------------------------------------------------- nonaerosol

======================================== [*See sub section 94509 (m) (1) for additional requirements that apply to Fabric Protectant] 1/1/95

1/1/97

-------------------- 1/1/95

1/1/97

12/31/2010

=========== 75

60

------------------ 75

60

1

==========

Fabric Refresher:

aerosol

----------------------------------------------------------------------- nonaerosol 12/31/2006

-------------------- 12/31/2006 15

------------------ 6

Fabric Softener

– Single Use Dryer Product See Section

94509 (o)

Floor Maintenance Product 12/31/2010 1

Floor Polish or Wax:Consumer Products Regulation 58 Resilient Flooring Material

----------------------------------------------------------------------- Nonresilient Flooring Material

-----------------------------------------------------------------------

Wood Floor Wax 1/1/94

12/31/2010

-------------------- 1/1/94

12/31/2010

-------------------- 1/1/94

12/31/2010 7

1

------------------ 10

1

------------------ 90

70 Floor Wax Stripper:

nonaerosol See Section 94509(j)

Footwear or Leather Care Product*:

aerosol

-----------------------------------------------------------------------

solid

-----------------------------------------------------------------------

all other forms

====================================== = = [*See sub section 94509(m) (1) for additional requirements that apply to Footwear or Leather Care Product.] 12/31/2006

------ -------------- 12/31/2006

-------------------- 12/31/2006

=========== 75

------------------ 55

------------------ 15

==========

Furniture Maintenance Product * :

a erosol

-----------------------------------------------------------------------

all other forms (except solid/paste forms)

----------------------------------------------------------------------- nonaerosol (except solid/paste forms)

======================================== [*See section 94509(n) for additional requirements that apply to Furniture Maintenance Product.] 1/1/94

12/31/2004

12/31/201 3

-------------------- 1/1/94

-------------------- 12/31/2008

=========== 25

17

12

------------------ 7

----------------- 3

==========

General Purpose Cleaner*:

aerosol and nonaerosol

-----------------------------------------------------------------------

aerosol

----------------------------------------------------------------------- nonaerosol

======================================== [*See sub section s 94509 (m) (1) and (m)(3) for additional requirements that apply to General Purpose Cleaner.] 1/1/94

-------------------- 12/31/2008

-------------------- 12/31/2004

12/31/2012

=========== 10

------------------ 8

------------------ 4

0.5

==========Consumer Products Regulation 59 General Purpose Degreaser*:

aerosol

----------------------------------------------------------------------- nonaerosol

======================================== [*See subsections 94509(m)(1) and (m)(3) for additional requirements that apply to General Purpose Degreaser.] 1/1/2002

12/31/2008

12/31/2010

-------------------- 12/31/2004

12/31/2012

=========== 50

20

10

------------------ 4

0.5

==========

Glass Cleaner * :

aerosol

----------------------------------------------------------------------- nonaerosol

======================================== [*See sub section 94509(m)(3) for additional requirements that apply to nonaerosol Glass Cleaner] 1/1/93

12/31/2012

-------------------- 1/1/93

1/1/96

12/31/2004

12/31/2012

=========== 12

10

------------------ 8

6

4

3

==========

Graffiti Remover*:

aerosol

------------------------------------------------------------------- - --- nonaerosol

====================================== = = [*See sub section 94509 ( m) (1) for additional requirements that apply to Graffiti Remover.] 12/31/2006

-------------------- 12/31/2006

=========== 50

------------------ 30

==========

Hair Mousse 1/1/94

12/31/2002 16

6

Hair Shine 1/1/2005 55 Hair Spray 1/1/93

6/1/99 80

55 Hair Styling Gel 1/1/94 6
Hair Styling Product:

aerosol and pump spray

--------------------------------------------------------------- - -------

all other forms 12/31/2006

-------------------- 12/31/2006 6

------------------ 2 Heavy

- duty Hand Cleaner or Soap *

all forms

nonaerosol

======================================== [*See subsection 94509(m)(3) for additional 1/1/2005

12/31/201 3

=========== 8

1

==========Consumer Products Regulation 60 requirements that apply to nonaerosol Heavy

- duty

Hand Cleaner or Soap]
Insect Repellent:

a erosol 1/1/94 65

Insecticide*:

C rawling Bug Insecticide (all forms):

------------------------------------------------------------------ - ---- aerosol

----------------------------------------------------------------------- Flea and Tick Insecticide

----------------------------------------------------------------------- Flying Bug Insecticide (all forms) ** :

----------------------------------------- ------------------------ - -----

a erosol

----------------------------------------------------------------------- Fogger

----------------------------------------------------------------------- Lawn or Garden Insecticide (all forms)

------------- ---------------------------------------------------------- nonaerosol

-----------------------------------------------------------------------

Wasp or Hornet Insecticide **

======================================== [ * See sections 94510(g)(1) and 94510(k) for exemptions that apply to certain insecticides. ]

[**See subsection 94509(n) for additional requirements that apply to Flying Bug and Wasp or Hornet Insecticide] 1/1/95

1/1/98

-------------------- 12/31/2004

-------------------- 1/1/95

-------------------- 1/1/95

-------------------- 12/31/2003

12/31/201 3

-------------------- 1/1/95

-------------------- 1/1/95

-------------------- 12/31/2003

----------------- 1/1/2005

12/31/201 3

=========== 40

20

------------------ 15

------------------ 25

------------------ 35

------------------ 25

20

------------------ 45

------------------ 20

----------------- 3

----------------- 40

10

==========

Laundry Prewash:

aerosol/solid

-----------------------------------------------------------------------

all other forms 1/1/94

-------------------- 1/1/94 22

------------------ 5 Laundry Starch/ Sizing/Fabric Finish Product : 1/1/95

1/31/2008 5

4.5

Lubricant*

======================================== [*See subsection 94509(m)(1), for additional requirements that apply to Lubricant products.]

========================================

Anti

- Seize Lubricant**

aerosol

----------------------------------------------------------------------- nonaerosol ===========

===========

12/31/2013

-------------------- 12/31/2013 ==========

==========

40

------------------ 3Consumer Products Regulation 61 ----------------------------------------------------------------------- Cutting or Tapping Oil**

aerosol

----------------------------------------------------------------------- nonaerosol

----------------------------------------------------------------------- Gear, Chain, or Wire Lubricant**

aerosol

-------------------------------------------- --------------------------- nonaerosol

----------------------------------------------------------------------- Multi

- purpose Lubricant (excluding solid or semisolid products) #

----------------------------------------------------------------- ------ Penetrant #+

----------------------------------------------------------------------- Rust Preventative or Rust Control Lubricant**

aerosol

----------------------------------------------------------------------- nonaerosol

----------------------------------------------------------------------- Silicone

- based Multi

- purpose Lubricant (excluding solid or semisolid products)

======================================== [**See subsection 94509(n) for additional requirement s that apply to Anti

- Seize Lubricant; Cutting or Tapping Oil; Gear, Chain, or Wire Lubricant; or Rust Preventative or Rust Control Lubricant products.]

[ # See subsection 94513(f) for additional requirements that apply to Multi

- purpose Lubricant and Penetra nt.]

[ + See subsection 94509(m)(7) for an exclusion that applies to certain Penetrant products.] --------------------

12/31/2013

-------------------- 12/31/2013

--------------------

12/31/2013

-------------------- 12/31/2013

-------------------- 1/1/2003

12/31/2013

12/31/2015

-------------------- 1/1/2003

12/31/2013

--------------------

12/31/2013

-------------------- 12/31/2013

--------------------

1/1/2005

=========== ------------------

25

------------------ 3

------------------

25

------------------ 3

------------------ 50

25

10

------------------ 50

25

------------------

25

------------------ 3

------------------

60

==========

Metal Polish or Cleanser*:

-----------------------------------------------------------------------

aerosol

----------------------------------------------------------------------- nonaerosol

======================================== [*See subsection 94509(m)(1) and subsection 94509(n) for additional requirements that apply to Metal Polish or Cleanser.] 1/1/2005

-------------------- 12/31/2012

-------------------- 12/31/2012

=========== 30

------------------ 15

----------------- 3

==========Consumer Products Regulation 62 Motor Vehicle Wash

nonaerosol 12/31/2010 0.2

Multi

- purpose Solvent*

======================================== [*See subsection s 94509(m)(1), (n), and (p); 94512(e); and 94513(g) for additional requirements that apply to Multi

- purpose Solvent.] 12/31/2010

12/31/2013

=========== 30

3

==========

Nail Polish Remover 1/1/94

1/1/96

12/31/2004

12/31/2007 85

75

0

1

Nonselective Terrestrial Herbicide:

nonaerosol 1/1/2002 3

Odor Remover/Eliminator

aerosol

--------------------------------------------------------------------- - - nonaerosol 12/31/2010

-------------------- 12/31/2010 25

------------------ 6

Oven or Grill Cleaner*: aerosol/pump spray

aerosol

-------------------------------------------------------------------- - -- liquid

----------------------------------------------------------------------- nonaerosol

====================================== = = [* See subsection 94509(q) for the effective date of the VOC limit and subsections 94509(m)(1) and (m)(3) for additional requirements that apply to Oven or Grill Cleaner.] 1/1/93

1/1/93

-------------------- 1/1/93

-------------------- 12/31/2008

12/10/2011

=========== 8

8

------------------ 5

------------------ 1

4

==========

Paint Remover or Stripper 1/1/2005 50

Paint Thinner*

======================================== [*See subsections 94509 (m)(1),(n), and (p); 94512(e); and 94513(g) for additional requirements that apply to Paint Thinner. See subsection 94510(m) for an exemption that applies to Paint Thinner.] 12/31/2010

12/31/2013

=========== 30

3

==========

Personal Fragrance Product*:

products with 20% or less fragrance

----------------------------------------------------------------------- products with more than 20% fragrance 1/1/95

1/1/99

-------------------- 1/1/95

1/1/99 80

75

------------------ 70

65Consumer Products Regulation 63 ======================================== [*See sections 94510(h), 94510(j), and 94510(l) for exemptions and requirements that apply to Personal Fragrance Product.] =========== ==========

Pressurized Gas Duster*

======================================== [*See subsections 94509(m)(1), 94509(n) and 94510(c) for additional provisions that apply to Pressurized Gas Duster] 12/31/2010

=========== 1

==========

Rubber /Vinyl Protectant:

aerosol

----------------------------------------------------------------------- nonaerosol 1/1/2005

------------------ 1/1/2003 10

------------------ 3

Sanitizer:

aerosol

----------------------------------------------------------------------- nonaerosol 12/31/2008

-------------------- 12/31/2008 70

------------------ 1

Sealant or Caulking Compound*

all forms

----------------------------------------------------------------------- Chemically Curing

nonaerosol

----------------------------------------------------------------------- Nonchemically Curing

nonaerosol

================ ======================== [*See subsection s 94509(m)(1) and section 94512(d) for additional requirements that apply to Sealant or Caulking Compound.] 12/31/2002

--------------------

12/31/2012

--------------------

12/31/2010

=========== 4

------------------

3

------------------

1.5

==========

Shaving Cream 1/1/94 5 Shaving Gel 12/31/2006

12/31/2009 7

4 Spot Remover*:

a erosol

----------------------------------------------------------------------- nonaerosol

======================================== [*See subsections 94509(m)(1) and 94509(n) for additional requirements that apply to Spot Remover.] 1/1/2001

12/31/201 2

------------------ 1/1/2001

12/31/2012

=========== 25

15

------------------ 8

3

==========

Temporary Hair Color:

a erosol 12/31/2010 55Consumer Products Regulation 64 Tire or Wheel Cleaner

aerosol

----------------------------------------------------------------------- nonaerosol 12/31/2010

-------------------- 12/31/2010 8

------------------ 2

Tire Sealant and Inflator 12/31/2002 20

Toilet/Urinal Care Product*:

aerosol

----------------------------------------------------------------------- nonaerosol

======================================== [*See subsection 94509(m)(2) for additional requirements that apply to Toilet/Urinal Care

Product

. ] 12/31/2006

-------------------- 12/31/2006

=========== 10

------------------ 3

==========

Undercoating:

a erosol 1/1/2002 40
Windshield Water Repellent 12/31/2010 75

Wood Cleaner:

aerosol

----------------------------------------------------------------------- nonaerosol 12/31/2006

-------------------- 12/31/2006 17

------------------ 4

1 See section 94509(d) for the effective date of the VOC standards for products registered under FIFRA, and section 94509(c) and (d) for the “ s ell

- through ” allowed for products manufactured prior to the

effective date of standards.

2 See section 94510(c) for an exemption that applies to fragrances in consumer products, and section 94510(d) for an exemption that applies to LVP

- VOCs.

(b) Products that are diluted prior to use

(1) Except for “Automotive Windshield Washer Fluid ( Dilutable),” for consumer products for which the label, packaging, or accompanying literature specifically states that the product should be diluted with water or non

- VOC solvent prior to use, the limits specified in subsection (a) shall apply to the produ ct only after the minimum recommended dilution has taken place. For purposes of this subsection (b), “minimum recommended dilution” shall not include recommendations for incidental use of a concentrated product to deal with limited special applications

such as hard

- to

- remove soils or stains.

(2) For consumer products for which the label, packaging, or accompanying literature states that the product should be diluted with any VOC solvent prior to use, the limits specified in subsection (a) shall apply to the product only after the maximum recommended dilution has taken place.

(3) For “Automotive Windshield Washer Fluid s (Dilutable)” for which the front panel of the product label specifically states that the product should be diluted (e.g.

identif ied as a “concentrate”) prior to use;Consumer Products Regulation 65 (A) the VOC limits specified in section 94509(a) shall apply to the product only after the minimum recommended dilution has taken place;

(B) for the purpose of complying with the VOC limits specified in section 94509(a), different dilution instructions for “Type A areas” and other areas of California may be specified on the product label if the dilution instructions meet the following criteria:

1. The instructions are readily visible, and

2. The instructions can be easi ly understood by the consumer, and

3. The instructions clearly specify the recommended dilutions to apply in “Type A areas” and in other areas of California, and

If the dilution instructions specified on the product label meet these criteria, the VOC limits specified in section 94509(a) shall apply to the product only after the minimum recommended dilution has taken place for the area in which the product is sold, supplied, or offered for sale.

(4) For products sold in pump spray containers, the VOC limits specified in section 94509(a) shall apply to the product prior to any minimum recommended dilution.

(c) Sell

- through of products.

(1) Sell

- through period . Notwithstanding the provisions of Sections 94509(a)

, 94509(j), or 94509(o), a consumer product manufactured prior to each of the effective dates specified for that product in the Table of Standards may be sold, supplied, or offered for sale for up to three years after each of the specifie d effective dates. This subsection (c) does not apply to:

(A) any consumer product that does not display on the product container or package the date on which the product was manufactured, or a code indicating
such date, or

(B) any consumer product on which the manufacturer has used a code indicating the date of manufacture that is different than the code specified in

section 94512(b)(2), but an explanation of the code has not been filed with the ARB Executive Officer by the deadlines specified in section 945 12(c)(1) or section 94512(c)(2), or

(C) Solid “Air Fresheners” and “Toilet/Urinal Care Product ” that contain para

dichlorobenzene; these products are subject to the one

- year sell

- through period specified in section 94509(m)(2).

(D) Products contained in multi

- unit packages, as specified below:Consumer Products Regulation 66 1. Subsection (c)(1) does not apply to any individual consumer products unit

contained within a multi

- unit package that is produced or assembled after January 1, 2006, where the multi

- unit package does not display the date(s)

or date

- code(s) of the individual product units, or display the date of assembly, such that the displayed information is not readily observable without irreversibly disassembling any portion of the container or packaging.

2. For the purposes of this section, “date of assembly” means the date that the individual product units are assembled into the finished multi

- unit package.

3. For multi

- unit packages that display the “date of assembly” instead of the date(s) or date

- code(s) of the individual product units, the “date of assembly” shall be the “date of manufacture” for all of the product units

contained within the multi

- unit packa ge. 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).

(2) Notification for products sold during the sell

- through period. Any person who sells or supplies a consumer product subject to the Table of Standards in section 94509 must notify the purchaser of the product in writing of the date on which the

sell

- through period for that product will end, provided, however, that this notification must be given only if all of the following conditions are met:

(A) the product is being sold or supplied to a distributor or retailer;

(B) the sell

- through period for the product will e xpire 6 months or less from the date the product is sold or supplied;

(C) the product does not comply with the lowest VOC standard that applies

on the date the sell

- through period ends; and

(D) the product is subject to a VOC standard with an effective date on or after December 31, 2004.

(d) Products registered under FIFRA. For those consumer products that are registered under the Federal Insecticide, Fungicide, and Rodenticide Ac t, (FIFRA; 7 U.S.C. Section 136

- 136y), the effective date of the VOC standards specified in subsection (a) is one year after the date specified in the Table of Standards. For those consumer products that are registered under FIFRA, the three year period provided in subsection (c) shall also begin one year after the date specified in the Table of Standards.Consumer Products Regulation 67 (e) Products containing ozone

- depleting compounds. For any consumer product for which VOC standards are specified under subsection (a), no person shall sell, supply, offer for sale, or manufacture for sale in California any consumer product which contains any of the following ozone

- depleting compounds:

CFC

- 11 (trichlorofluoromethane),

CFC

- 12 (dichlorodifluoromethane),

CFC

- 113 (1,1,1

- trichloro

- 2,2,2

- trifluoroethane),

CFC

- 114 (1

- c hloro

- 1,1

- difluoro

- 2

- chloro

- 2,2

- difluoroethane),

CFC

- 115 (chloropentafluoroethane), halon 1211 (bromochlorodifluoromethane), halon 1301 (bromotrifluoromethane), halon 2402 (dibromotetrafluoroethane),

HCFC

- 22 (chlorodifluoromethane),

HCF C

- 123 (2,2

- dichloro

- 1,1,1

- trifluoroethane),

HCFC

- 124 (2

- chloro

- 1,1,1,2

- tetrafluoroethane),

HCFC

- 141b (1,1

- dichloro

- 1

- fluoroethane),

HCFC

- 142b (1

- chloro

- 1,1

- difluoroethane), 1,1,1

- trichloroethane, and carbon

tetrachloride.

(f) The requirements of section 94509 (e) shall not apply to any existing product formulation that complies with the Table of Standards or any existing product formulation that is reformulated to meet the Table of Standards, provided the ozone depleting compound content of the reformulated product does not

increase.

(g) The requirements of section 94509 (e) shall not apply to any ozone depleting compounds that may be present as impurities in a consumer product in an amount equal to or less than 0.01% by weight of the product.

(h) Requirements for charcoal lighter materials. The following requirements shall apply to all charcoal lighter material products as defined in section 94508(a):

(1) Regulatory Standards

(A) In all areas of California except the South Coast Air Quality Management District, no person shall sell, supply, or offer for sale after January 1, 1993 any charcoal lighter material product unless at the time of the transaction:

1. the manufacturer or distributor of the charcoal lighter material has been issued a currently effective certification pursuant to subsection (h)(2).

2. the charcoal lighter material meets the formulation criteria and other conditions specified in the app licable Executive Order issued pursuant to subsection (h)(2).Consumer Products Regulation 68 3. the product usage directions for the charcoal lighter material are the same as those provided to the Executive Officer pursuant to subsection (h)(2)(C).

(B) In the South Coast Air Quality Management District, the regulatory standards specified in subsection (h)(1)(A) shall be applicable upon the

effective date of this subsection.

(2) Certification Requirements

(A) No charcoal lighter material formulation shall be certified under this subsection unless the applicant for certification demonstrates to the Executive Officer's satisfaction that the VOC emissions from the ignition of charcoal with the charcoal lighter mat erial are less than or equal to 0.020 pound of VOC per start, using the procedures specified in the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol, dated February 27, 1991 (the “SCAQMD Rule 1174

Test ing Protocol”). The provisions relating to LVP

- VOC in sections 94508(a) and 94510(d) shall not apply to any charcoal lighter material subject to the requirements of sections 94509(a) and (h).

( B) The Executive Officer may approve alternative test procedures which are shown to provide equivalent results to those obtained using the SCAQMD Rule 1174 Testing Protocol.

(C) A manufacturer or distributor of charcoal lighter material may apply to the Executive Officer for certification of a charcoal light er material formulation in accordance with this subsection (h)(2). The application shall be in writing and shall include, at a minimum, the following:

1. the results of testing conducted pursuant to the procedures specified in SCAQMD Rule 1174 Testing Protocol.

2. the exact text and/or graphics that will appear on the charcoal lighter material's principal display panel, label, and any accompanying li terature. The provided material shall clearly show the usage directions for the product. These directions shall accurately reflect the quantity of charcoal lighter material per pound of charcoal that was used in the SCAQMD Rule 1174 Testing Protocol for that product, unless:

i) the charcoal lighter material is intended to be used in fixed amounts independent of the amount of charcoal used, such as certain paraffin cubes, orConsumer Products Regulation 69 ii) the charcoal lighter material is already incorporated into the charcoal, such as certain “bag light,” “instant light,” or “match light” products.

3. For a charcoal lighter material which meets the criteria specified in subsection (h)(2)(C)(2.)(i), the usage instructions provided to the

Executive Officer shall accurately reflect the quantity of charcoal lighter material used in the SCAQMD Rule 1174 Testing Protocol for that product.

4. Any physical property data, formulation data, or other information required by the Executive Officer for use in dete rmining when a product modification has occurred and for use in determining compliance with the conditions specified on the Executive Order issued pursuant to section (h)(2).

(D) Within 30 days of receipt of an application, the Executive Officer shall advise the applicant in writing either that it is complete or that specified additional information is required to make it complete. Within 30 days of receipt of additional information, the Executive Officer shall advise the applicant in writing eit her that the application is complete, or that specified additional information or testing is still required before it can be deemed complete.

(E) If the Executive Officer finds that an application meets the requirements of

this subsection (h)(2), then he or she shall issue an Executive Order certifying the charcoal lighter material formulation and specifying such conditions as are necessary to insure that the requirements of this subsection (h) are met. The Executive Officer shall act on a complete applic ation within 90 days after the application is deemed complete.

(3) Notice of Modifications

For any charcoal lighter material for which certification has been granted pursuant to subsection (h)(2), the applicant for certification shall notify the Executive Officer in writing within 30 days of: (i) any change in the usage directions, or (ii) any change in product formulation, test results, or any other information submitted pursuant to subsection (h)(2) which may result in VOC emissions greater tha n 0.020 pound of VOC per start.

(4) Revocation of Certification

If the Executive Officer determines that any certified charcoal lighter material formulation results in VOC emissions from the ignition of charcoal which are greater than 0.020 pound of VO C per start, as determined by the SCAQMD Rule 1174 Testing Protocol and the statistical analysis procedures containedConsumer Products Regulation 70 therein, the Executive Officer shall revoke or modify the certification as is necessary to assure that the charcoal lighter material w ill result in VOC emissions of less than or equal to 0.020 pound of VOC per start. The Executive Officer shall not revoke or modify the prior certification without first affording the applicant for the certification an opportunity for a hearing in accorda nce with the procedures specified in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 1, Article 4 (commencing with section 60040), to

determine if the certification should be modified or revoked.

(5) Notwithstanding any other provision of this subsection 94509(h), charcoal lighter material products manufactured prior to January 1, 1993, may be sold, supplied, or offered for sale until July 1, 1994, in all areas of California except the South Coast Air Quality Management Distri ct. Charcoal lighter material products subject to SCAQMD Rule 1174 and sold, supplied, or offered for sale in the South Coast Air Quality Management District shall meet the requirements of section 94509(h) upon the effective date of this subsection, regar dless of the date on which the products were manufactured.

(i) Requirements for aerosol adhesives (as defined in sections 94508(a)(1) and 94508(a)(3)).

(1) As specified in Health and Safety Code section 41712(h)(2), the standards for

aerosol adhesives apply to all uses of aerosol adhesives, including consumer, industrial, and commercial uses. Except as otherwise provided in sections 94509(c), 94510, 94511, and 94514, no person shall sell, supply, offer for sale,

use or manufacture for sale in Californ ia any aerosol adhesive which, at the time of sale, use, or manufacture, contains VOCs in excess of the specified

standard.

(2)(A) In order to qualify as a “Special Purpose Spray Adhesive” the product must

meet one or more of the definitions for “Special Purpose Spray Adhesive” specified in section 94508(a), but if the product label indicates that the product is suitable for use on any substrate or application not listed in one of the definitions for “Special Purpose Spray Adhesive,” then the prod uct shall be classified as either a “Web Spray Adhesive” or a “Mist Spray

Adhesive.”

(B) If a product meets more than one of the definitions specified in section 94508(a) for “Special Purpose Spray Adhesive,” and is not classified as a “Web Spray A dhesive” or “Mist Spray Adhesive” under subsection (2)(A), then the VOC limit for the product shall be the lowest applicable VOC limit specified in section 94509(a).Consumer Products Regulation 71 (3) All aerosol adhesives must comply with the labeling requirements specified

in section 94512(d), and all manufacturers and responsible parties for aerosol adhesives must comply with the special reporting requirements specified in section 94513(d).

(j) Requi r

ements for floor Wax Strippers. After an effective date of January 1, 2002, no person shall sell, supply, offer for sale, or manufacturer for use in California any floor wax stripper unless the following requirements

are met:

(1) The label of each nonaerosol floor wax stripper must specify a dilution ratio for light or medium build

- up of polish that results in an as

- used VOC concentration of 3 percent by weight or less.

(2) If a nonaerosol floor wax stripper is also intended to be used for removal of heavy build

- up of polish, the label of that floor wax stripper must specify a dilution ratio for heavy build

- up of polish that results in an as

- used VOC concentration of 12 percent by weight or less.

(3) The terms “light build

- up,” “medium build

- up” or “heavy build

- up” are not specifically required, as long as comparable terminology is used.

(k) Effective dates of the VOC limits for “ Carburetor or Fuel

- injection Air Intake

Cleaners ” and “ Construction, Panel, and Floor Covering Adhesives .” The definitions for the product categories of “Carburetor or Fuel

- injection Air In take Cleaners” and “Construction, Panel, and Floor Covering Adhesives” were modified as part of the “Mid

- term Measures II” rulemaking action that was considered by the Board in October 1999. As a result of these modifications, certain types of consumer pr oducts were included in these definitions that had not previously been included. For those consumer products that were included in

these definitions for the first time as a result of the “Mid

- term Measures II” rulemaking action, the VOC limits (in section 94509(a)) applicable to these newly included products shall not become legally effective until December 31, 2002.

(l) Automotive Windshield Washer Fluids. The provisions of subsection 94509(b)(1) shall not apply to “Automotive Windshield Washer Fluid (Pre

- Mixed)” as defined in section 94508(a).

(m) Requirements limiting the use of specific toxic compounds in specific consumer products categories.Consumer Products Regulation 72 (1) Requirements for products listed in Table (m)(1).

Except as provided below in sections 94509(m)(4), (m)(6), and (m)(7), after the applicable effective date specified in Table 94509(m)(1) for each product category, no person shall sell, supply, offer for sale, or manufacture for use in California any c onsumer product listed in Table 94509(m)(1) that contains any of the following compounds: methylene chloride, perchloroethylene, or trichloroethylene.

Table 94509(m)(1) Product Categories in which Use of Methylene Chloride, Perchloroethylene, and

Trichlo roethylene is Prohibited

Product Category Effective

Date Sell

through

Date

Adhesive:

Aerosol • Mist Spray Adhesive • Web Spray Adhesive • Special Purpose Spray Adhesive • Mounting, Automotive Engine Compartment, and Flexible Vinyl Adhesive • Polystyrene Foam and Automobile Headliner

Adhesive • Polyolefin and Laminate Repair/Edgebanding

Adhesive Construction, Panel and Floor Covering

Contact 1/1/2 002

12/31/2008

12/31/2005 1/1/2005

12/31/2011

12/31/2008

Adhesive Remover • Floor or Wall Covering Adhesive Remover • Gasket or Thread Locking Adhesive Remover • General Purpose Adhesive Remover • Specialty Adhesive Remover 12/31/2006 12/31/2009

Automotive Consumer Products:

See the Airborne Toxic Control Measure For Emissions Of

Chlorinated Toxic Air Contaminants From Automotive Maintenance And Repair Activities, section 93111, title 17,

California Code of Regulations for additional requirements that apply to the Automotive Consumer Products: Brake Cleaner, Carburetor or Fuel Injection Air Intake Cleaner, Engine Degreaser, and General Purpose Degreaser

- intended for use in automotive maintenance or repair

activities.

Bathroom and Tile Cleaner 12/31/2008 12/31/2011

Carpet/Upholstery Cleaner 12/31/2010 12/31/2013

Electrical Cleaner 12/31/2006 12/31/2009Consumer Products Regulation 73 Electronic Cleaner 12/31/2005 12/31/2008
Electronic Cleaner labeled as energized electronic equipment use only 12/31/2008 12/31/2011

Fabric Protectant 12/31/2010 12/31/2013

Footwear or Leather Care Product 12/31/2005 12/31/2008

General Purpose Cleaner 12/31/2008 12/31/2011
General Purpose Degreaser 12/31/2005 12/31/2008

Graffiti Remover 12/31/2006 12/31/2009

Lubricant:

• Anti

- Seize Lubricant • Cutting or Tapping Oil • Gear, Chain, or Wire Lubricant

• Multi

- purpose Lubricant (excluding solid or semisolid products) • Penetrant [See subsection 94509(m)(7) for an exclusion that applies to certain Penetrant products.]

• Rust Preventative or Rust Control Lubricant

• Silicone

- based Multi

- purpose Lubricant (excluding solid or semisolid products) 12/31/2013

12/31/2013

12/31/2013

12/31/2010

12/31/2010

12/31/2013

12/31/2012 12/31/2016

12/31/2016

12/31/2016

12/31/2013

12/31/2013

12/31/2016

12/31/2015

Metal Polish or Cleanser 12/31/2012 12/31/2015

Multi

- purpose Solvent 12/31/2010 12/31/2013

Oven or Grill Cleaner 12/31/2008 12/31/2011

Paint Thinner 12/31/2010 12/31/2013
Pressurized Gas Duster (Trichloroethylene is not prohibited) 12/31/2010 12/31/2011

Sealant or Caulking Compound 12/31/2010 12/31/2013

Spot Remover 12/31/2012 12/31/2015

(2) Requirements for products listed in Table (m)(2).

Except as provided below in sections 94509(m)(4) after the applicable effective date specified in Table 94509(m)(2) for each product category, no person shall sell, supply, offer for sale, or manufacture for use in California any consumer product listed in Table 94509(m)(2) that contains para

dichlorobenzene.

Table 94509(m)(2) Product Categories in which Use of Para

- dichlorobenzene is Prohibited

Product Category Effective Date Sell

- through

Date

Air Freshener (solid) 12/31/2005 12/31/2006

Toilet/Urinal Care Products 12/31/2005 12/31/2006Consumer Products Regulation 74 (3) Requirements for products listed in Table (m)(3).

Except as provided below in sections 94509(m)(4) and (m)(6), after the applicable effective date specified in Table 94509(m)(3) for each product category, no person shall sell, supply, offer for sale, or manufacture for use in California any consumer produ ct listed in Table 94509(m)(3) that contains an alkylphenol ethoxylate surfactant compound.

Table 94509(m)(3) Product Categories in which Use of Alkylphenol Ethoxylate Surfactants

is Prohibited

Product Category Effective Date Sell

- through

Date

General Purpose Cleaner (nonaerosol) 12/31/2012 12/31/2015

General Purpose Degreaser (nonaerosol) 12/31/2012 12/31/2015

Glass Cleaner (nonaerosol) 12/31/2012 12/31/2015
Heavy

- duty Hand Cleaner or Soap (nonaerosol) 12/31/2013 12/31/2016

Oven or Grill Cleaner 12/31/2012 12/31/2015

(4) Sell

- through of Products . Consumer products listed in Table 94509(m)(1), (m)(2), or (m)(3) that were manufactured before the specified effective date listed in Table 94509(m)(1), (m)(2), or (m)(3), may be sold, supplied, or offered for sale until the corresponding “sell

- through” date listed in Table 94509(m)(1), (m)(2), or (m)(3), so long as the product complies with the product dating requirements in section 94512(b).

(5) Notification for products sold during the sell

- through period. Any person who sells or supplies a consumer product identified listed in section 94509(m)(1), (m)(2), or (m)(3) must notify the purchaser of the product of the sell

- through period dates, provided, however, that this notification must be given only if both of the following conditions are met:

(A) the product is sold or supplied to a distributor or retailer; and

(B) the product is sold or supplied within 6 months of the specified

effective date.

(6) Impurities . The requirements of section 94509(m)(1) and (m)(5) shall not apply to any consumer product listed in Table 94509(m)(1) containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amo unt equal to or less than 0.01% by weight.Consumer Products Regulation 75 (7) The requirements of section 94509(m)(1) shall not apply to “ Penetrant ” products used on equipment when electrical current exists; residual electrical potential from a component exists; or an open flame exists, as long as the

“ Principal Display Panel ” clearly displays the statement: “ Nonflammable: For use on energized equipm ent only. ”

(n) Requirements limiting the use of any chemical compound that has a Global Warming Potential (GWP) Value of 150 or greater.

(1) Requirements for products listed in Table (n)(1)

Except as provided below in sections 94509(n)(2) and (n)(3), after the applicable effective date specified in Table 94509(n)(1), no person shall sell, supply, offer for sale, or manufacture for use in Califor nia any consumer product list ed in Table 94509(n )(1) that contains any chemical compound that has a GWP Value of 150 or greater.

Table 94509(n)(1) Product Categories in which Use of Any Chemical Compound that has a Global Warming Potential (GWP) Value of 150 or Greater is Prohibited

Product Category Effective Date Sell

- through

Date

Double Phase Aerosol Air Freshener 12/31/2012 12/31/2015

Flying Bug Insecticide 12/31/201 3 12/31/201 6

Furniture Maintenance Product 12/31/2013 12/31/2016

Lubricant:

• Anti

- Seize Lubricant • Cutting or Tapping Oil • Gear, Chain, or Wire Lubricant

• Rust Preventative or Rust Control Lubricant 12/31/201 3

12/31/201 3

12/31/201 3

12/31/201 3 12/31/201 6

12/31/201 6

12/31/201 6

12/31/201 6

Metal Polish or Cleanser 12/31/2012 12/31/2015

Multi

- purpose Solvent 12/31/2010 12/31/2013

Paint Thinner 12/31/2010 12/31/2013

Pressurized Gas Duster 12/31/2010 12/31/2011

Spot Remover 12/31/2012 12/31/2015

Wasp or Hornet Insecticide 12/31/201 3 12/31/201 6

(2) Sell

- through of Products . Consumer products listed in Table 94509(n)(1) that were manufactured before the specified effective date listed in Table 94509(n)(1), may be sold, supplied, or offered for sale until the corresponding “sell

- through” date listed in Table 94509(n )(1), so long as the product complies with the product dating requirements in section 94512(b).Consumer Products Regulation 76 (3) Notification for products sold during the sell

- through period. Any person who sells or supplies a consumer product listed in section 94509(n)(1) must notify the purchaser of the product of the sell

- through period dates, provided, however, that this notification must be given only if both of the following

conditions are met:

(A) the product is sold or supplied to a distributor or retailer; and

(B) the product is sold or supplied within 6 months of the specified

effective date.

(4) Impurities . The requirements of section 94509(n)(1), (n ) (2), and (n)(3) shall not apply to any consumer product listed in Table 94509(n)(1) containing any chemical compound that is present as an impurity in a

combined amount equal to or less than 0. 1% by weight.

(o) Requirements for Fabric Softener

– Single Use Dryer Product.

(1) Effective December 31, 2010 , Fabric Softener

– Single Use Dryer Product shall not contain more than 0.05 grams of VOC per use. Compliance with the VOC limit shall be determined per sheet, or equivalent delivery substrate, based on the minimum recommended use for a single drying cyc le specified on the product packaging or label. In other words, if one sheet is the minimum recommended use for a single drying cycle, then the VOC limit applies per sheet. If two sheets are the minimum recommended use for a single drying cycle, then the VOC limit applies to the aggregate VOC content in two sheets. For purposes of this
subsection, “minimum recommended use” shall not include recommendations for incidental use of additional sheets, or equivalent delivery substrate, for limited applications such as for extra large or double loads of washable fabrics in large capacity clothes dryers.

(2) The provisions relating to fragrance in section 94510(c) shall not apply to Fabric

Softener

– Single Use Dryer Product subject to the requirements of this subsection 94509(o)(1).

(p) Additional requirements for Multi

- purpose Solvent and Paint Thinner

.

(1) Except as provided below in section s 94509(p)(2), effective
December 31, 2010 , no person shall sell, supply, offer for sale, or manufacture for use in California any Multi

- purpose Solvent or Paint Thinner

that contains greater than 1% Aromatic Compound content by weight.

(2) Sell

- through of Products. Multi

- purpose Solvents and P aint Thinners that

contain greater than 1% Aromatic Compound content by weight; and were manufactured before December 31, 2010, may be sold, supplied, or offeredConsumer Products Regulation 77 for sale until December 31, 2013, so long as the product complies with the product dating requ irements in section 94512(b).

(3) Notification for products sold during the sell

- through period. Any person who sells or supplies a consumer product identified above in section 94509(p)(2) must notify the purchaser of the product in writing that the se ll

- through period for that product will end on December 31, 2013, provided, however, this notification must be given only if both of the following conditions are met:

(A) the product is sold or supplied to a distributor or retailer; and

(B) the product is sold or supplied on or after June 30, 2013.

(q) Effective dates of the VOC limits for " Oven or Grill Cleaner. " The definition for

the " Oven or Grill Cleaner " product category was modified as part of a rulemaking action to amend the Ca lifornia Consumer Products Regulation that was considered by the Board in November 2010. As a result of this modification, grill cleaning products were included in this definition that had not previously been included. For those grill cleaning products that were included in this definition for the first time as a result this rulemaking action, the VOC limits (in section 94509(a)) applicable to these newly included products shall not become legally effective until December 31, 2012.

NOTE: Authority cited: Sections 38500, 38501, 38510, 38560, 38560.5, 38562, 38580, 39600, 39601, 39650, 39658, 39659, 39666 and 41712, Health and Safety Code. Reference: Sections 38505, 39002,
39600, 39650, 39655, 39656, 39658, 39659, 39666, 40000 and 41712, Health and Safety Code.

§ 94510. Exemptions.

(a) This article shall not apply to any consumer product manufactured in California for shipment and use outside of California.

(b) The provisions of this article shall not apply to a manufacturer or distributor who sells, supplies, or offers for sale in California a consumer product that does not comply with the VOC standards specified in Section 94509, as long as the manufacturer or distributor can demonstrate both that the consumer product is intended for shipment and use outside of California, and that the manufacturer or distributor has taken reasonable prudent precautions to assure that the consumer product is not distributed to California. This subsection (b) does not apply to consumer products that are sold, s upplied, or offered for sale by any person to retail

outlets in California.

(c) Except for Pressurized Gas Duster, the VOC limits specified in Section 94509(a) shall not apply to fragrances up to a combined level of 2 percent by weight contained in any co nsumer product.

(d) The VOC limits specified in Section 94509(a) shall not apply to any LVP

- VOC.Consumer Products Regulation 78 (e) The requirements of Section 94512(b) shall not apply to consumer products registered under the Federal Insecticide, Fungicide, and Rodenticide Act, (FIFRA; 7

U.S.C. Section 136

- 36y).

(f) The VOC limits specified in Section 94509(a) shall not apply to air fresheners that are comprised entirely of fragrance, less compounds not defined as VOCs under Section 94508 or exempted under Section 94510(d).

(g) The VOC limits specified in Section 94509(a) shall not apply to:

(1) insecticides containing at least 98% para

- dichlorobenzene.

(2) Until December 30, 2006, the VOC limits specified in Section 94509(a) shall not apply to solid air fresheners c ontaining at least 98% para

- dichlorobenzene. On or after December 31, 2006, the provisions of section 94509(m)(2)apply to solid air fresheners containing para

- dichlorobenzene.

(h) Except as specified in 94510(h)(3) below, the VOC limits specified in Section 94509(a) shall not apply to:

(1) existing personal fragrance products or personal fragrance products in development on or before April 1, 1992 , provided that both (i) the registration data specified in section 94513 is submitted for every such product by the date specified in section 94513(a), or prior to July 1, 1993, whichever date occurs later, and (ii) such product is sold in California prio r to January 1, 1994. For the purposes of this subsection, a product “in development” means:

(A) a product which a fragrance materials manufacturer is designing at the request of a personal fragrance product manufacturer, or

(B) a product which i s the subject of a written marketing profile or other documentation authorizing the creation and marketing of the product.

(2) personal fragrance products in development may be registered to qualify for this exemption under hypothetical trade names or pseudonyms, provided that the actual trade name is supplied to the Executive Officer within 30 days of marketing such products, or January 1, 1994, whichever occurs first.

(3) Effective December 31, 2014, subsections 94510(h)(1) and 94510(h)(2) shall no longer apply to any “Personal Fragrance Product” that contains 20 percent or less fragrance. Products manufactured before December 31, 2014 may be sold, supplied, or offered for sale until December 31, 2017, so long as the product complies with the product dating requirements in Section 94512(b).Consumer Products Regulation 79 (i) The VOC limits specified in Section 94509(a) shall not apply to adhesives sold in

containers of 1 fluid ounce or less.

(j) The VOC limits specified in Section 94509(a) shall not apply to any VOC which is a fragrance in a personal fragrance product.

(k) The VOC limits specified in Section 94509(a) shall not apply to bait station insecticides. For the purpose of this section, bait station insecticides are containers enclosing an insecticidal bait that is not more than 0.5 ounce by weight, where the

bait is designed to be ingested by insects and is composed of solid material feeding stimulants with less than 5 percent (%) active ingredients.

(l) Except as specified in 94510(l)(1), the 1/1/99 VOC limits specified in Section 94509(a) for personal fragrance products shall not apply to such products which have been sold in California prior to 1/1/99.

(1) On or after December 31, 2014 , the 75 percent by weight VOC limit shall apply to any “Personal Fragrance Product” that contains 20 percent or less fragrance. Products manufactured before December 31, 2014 may be sold, supplied, or offered for sale until December 31, 2017, so long as the product complies with the product dating requirements in Section 94512(b).

(m) Until December 31, 2013, the VOC limits specifi ed in Section 94509(a), and the prohibition of Aromatic Compounds listed in section 94509(p)(1), shall not apply to

Paint T hinners that are packaged in containers with a capacity less than or equal to

8 fluid ounces.

NOTE: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code.

§ 94511. Innovative Products.

(a) The E x ecu t ive Officer shall e x e m pt a consumer produ c t f r om the VOC limits specified in Section 94509(a) if a manufacturer demonstrates by clear and

convin c i ng eviden c e that, due to some characteristic of the product formulation, design, delivery syst e ms or o t her factors, the use of t h e product will result in less VOC emissions as compared to:

(1) the VOC emissions from a represen t ative consumer product whi c h complies with the VOC limits specified in Section 94509(a) , or

(2) the calcula t ed VOC emissions from a noncomplying r epresentative product, if the product had been reformulated to comply with the VOC limits spe c ified in

section 94509(a). VOC emissions shall be cal c ulated using the following equation:Consumer Products Regulation 80 

## E R 

## = E NC 

## x VO C STD 

## ÷ VOC NC

where:

E R = The VOC emissions from the noncomplying r epresentative
product, had it been reformulated.

E NC = The VOC emissions from the noncomplying r epresentative
product in its current formulation.

VO C STD = the VOC limit specified in 94509 ( a).

VO C NC = the VOC content of the non c omplying product in its current

formulation.

If a manufacturer demonstrates that this equation yields inaccurate results due to some characteristic of the product formu l ation or other fac t ors, an alternative method which accurately calculates e m issions may be used upon approval of

the Executive Officer.

(b) For the purposes of this section, “representative consu m er product” means a consumer product which meets all of the following criteria:

(1) the representative product shall be s ubject to the same V O C limit in Section 94509(a) as the innovative product.

(2) the representative product shall be of the same product form as the innovati v e product, unless the innovative product uses a new form which does not exist in the product category at the t i me the application is made.

(3) the representative product shall have at least similar efficacy as other consumer products in the same product category based on tests generally accepted for that product category by the consumer products i ndustry.

(c) A manufacturer shall apply in writing to the E x ecuti v e Officer for any exemption claimed under subsection (a). The appli c ation shall in cl ude the supporting

documentation that demonstra t es the reduct i on of emissions from the innovative product, including the actual phy s i cal test methods used to generate the data and, if necessary, the consumer testing undertaken to document product usage. In addition, the appli c ant must prov i de any information necessary to enable the

Executive Officer to e stablish en f orceable conditions for granting the e x emption including the VOC content for the innovati v e product and test methods for determining the VOC content. All informat i on submitted by a manufacturer
pursuant to this sect i on shall be handled in accordan c e with the procedures specified in Title 17, California Code of Regul a tions, Sections 91000

- 91022.Consumer Products Regulation 81 (d) Within 30 days of receipt of the exemption application the Executive Officer shall determine whether an application is complete as provided in section 60030(a), Title 17, California Code of Regulations.

(e) Within 90 days after an application has been deemed complete, the Executive Officer shall determine whether, under what condition s, and to what extent, an exemption from the requirements of Section 94509(a) will be permitted. The applicant and the Executive Officer may mutually agree to a longer time period for reaching a decision, and additional supporting documentation may be sub mitted by the applicant before a decision has been reached. The Executive Officer shall notify the applicant of the decision in writing and specify such terms and conditions

that are necessary to ensure that emissions from the product will meet the

emissi ons reductions specified in subsection (a), and that such emissions

reductions can be enforced.

(f) In granting an exemption for a product the Executive Officer shall establish

conditions that are enforceable. These conditions shall include the VOC conte nt of the innovative product, dispensing rates, application rates, and any other parameters determined by the Executive Officer to be necessary. The Executive Officer shall also specify the test methods for determining conformance to the

conditions establ ished. The test methods shall include criteria for reproducibility, accuracy, and sampling and laboratory procedures.

(g) For any product for which an exemption has been granted pursuant to this section, the manufacturer shall notify the Executive Office r in writing within 30 days of any change in the product formulation or recommended product usage directions, and shall also notify the Executive Officer within 30 days if the manufacturer learns of any information which would alter the emissions estimates submitted to the Executive Officer in support of the exemption application.

(h) If the VOC limits specif i ed in Section 94509(a) are lowered for a product category through any subsequent rulemaking, all inn o vative product exemptions granted for products in the product category, except as provided in this subsection (h), shall

have no force and effect as of the effective date of the modified VOC standard. This subsection (h) shall not apply to tho s e inno v ative products which have VOC

emissions less than the appli c able lowe r ed VOC limit and for which a written

notification of the product's emissions status versus t he lowered VOC limit has been submitted to and approved by the Exe c uti v e Officer at least 60 days before the

effective date of such limits.

(i) If the E x ecutive Offic e r believes that a consumer product for which an e x emption has been granted no longer meets the criter i a for an innovative product specified in subsection (a), the Executive Off i cer may m odify or re v oke the exemption as
necessary t o assure t h at the pro d uct will m eet these cr i t eria. The Executive Officer shall not modify or revoke an exempt i on without first affording the applicant anConsumer Products Regulation 82 opportunity for a public hearing held in a cco r dance with the pro c edures specified in
Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 1, Article 4 (commencing with Section 60040), to determine if the exemption should

be modified or revoked.

NOTE: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code.

Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code.

§ 94512

. Administrative Requirements

.

(a) Most Restrictive Limit

.

(1) Products Manufactured Before January 1, 2007, and FIFRA

- registered

Insecticides Manufactured Before January 1, 2008. Notwithstanding the definition of “Product Category” in Section 94508, if anywhere on the principal display panel of any consumer product manufactured before January 1, 2007, or any
FIFRA

- registered insecticide manufactured before Januar y 1, 2008 , 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 94509(a), then the lowest VOC limit shall apply. This requirement does not apply to gen eral purpose cleaners and insecticide foggers.

(2) Products Manufactured on or After January 1, 2007, and FIFRA

- registered Insecticides Manufactured on or After January 1, 2008. Notwithstanding the definition of “product category” in Section 94508, if anywhere on the container or packaging of any consumer product manufactured on or after January 1, 2007, or any FIFRA

- registered insecticide manufactured on or after January 1, 200 8, 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 94509(a), then the lowest VOC limit shall apply. This requirement does not apply to general purpose cleaners and insecticide foggers.

(3) Rule that applies when Product Category definitions exclude each other.

When determining the applicable VOC standard for a product that meets the definitions for both “Regulated Category A” and “Regulated Category B”, in circumstances where the definition of “Regulated Category A” states that it excludes “Regulated Category B” , and the definition of “Regulated Category B” states that it excludes “Regulated Category A,” the product is subject to the VOC standard for whichever regulated category, “A” or “B,” has the lower VOC

standard.

For the purposes of this section, a “Re gulated Category” means a category of consumer products that is both: (A) defined in section 94508(a), and (B) has a VOC standard specified in section 94509(a) for that product category.Consumer Products Regulation 83 (4) Notwithstanding the provisions of section 94512(a)(2) and (3), a product that makes ancillary disinfecting, sanitizing, or anti microbial claims on the label is not subject to the VOC standards for “Disinfectant” or “Sanitizer” if the product is designed and labeled on the Principal Display Panel as a “Bathroom and Tile Cleaner,” “Carpet/Upholstery Cleaner,” “Fabric Refresher,” “General Purpose Cleaner,” “Glass Cleaner,” “Metal Polish or Cleanser,” or “Toilet/Urinal Care

Product.”

(b) Product Dating

(1) Each manufacturer of a consumer product subject to Section 94509 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.

Codes that represe nt a sequential batch number, or that otherwise cannot be attributed to a specific day, month, and year, do not satisfy this requirement.

(2) A manufacturer who uses the following code to indicate the date of manufacture shall not be subject to the requ irements of section 94512(c)(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 th e second day of the year, and so forth (i.e. the “Julian date”).

(3) This date or code 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 94509.

(4) Except as otherwise provided in subsection (b)(5), for products manufactured on or after January 1, 2006 , the date or code shall be displayed on the product container such that it is readily observable without irreversibly 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.Consumer Products Regulation 84 (5) Products Sold in Multi

- unit Packages.

(A) Products sold, supplied, or offered for sale in multi

- unit packages are not required to comply with subs ection (b)(4).

(B) If a multi

- unit package does not comply wi th subsection (b)(4), the

“sell

- through” provisions of section 94509(c)(1) shall not apply to the individual product units contained within the multi

- unit package. In other words, if any mul ti

- unit package produced or assembled after January 1, 2006, 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 pac kaging, the individual product units shall be subject to the VOC standards 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.

(C) A multi

- unit package may c omply with subsection (b)(4) 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 o r 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 i f 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 94509(c).

(6) The requirements of this subsection (b) shall not apply to:

(A) personal fragrance products of 2 milliliters or less, which are offered to consumers free of charge for the purpose of sampling the product; or

(B) products containing no VOCs (as defined in section 94508), or containing VOCs at 0.10% by weight or less.

(c) Additional Product Dating Requirements

(1) If a manufacturer uses a code indicating the date of manufacture, for any consumer product subject to section 94509 an explanation of the code must

be filed with the Executive Officer of the ARB no later than twelve months prior to the effective date o f the applicable standard specified in section 94509. Thereafter, manufacturers using a code must file an explanation ofConsumer Products Regulation 85 the code with the Executive Officer on an annual basis, beginning in 2006.

The explanation of the code must be received by the Exe cutive Officer on or before January 31 st of each year, with the first explanation due on or before January 31, 2006.

(2) If a manufacturer changes any code indicating the date of manufacture for any consumer product subject to subsection (c)(1), an explan ation 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) 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) Codes indicating the dat e of manufacture are public information and may not

be claimed as confidential.

(d) Additional Labeling Requirements for Aerosol Adhesive, Adhesive Remover, Electronic Cleaner, Electrical Cleaner, Energized Electrical Cleaner, Contact

Adhesive

, and Sealant or Caulking Compound (nonaerosol)

.

(1) In addition to the requirements specified in subsections (a), (b), and (c), both the manufacturer and responsible party for each aerosol adhesive, adhesive remover, electronic cleaner, electrical cleaner, energized electrical
cleaner, contact adhesive product , and sealant or caulking compound ( nonaerosol ) subject to this article 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 section 94509(a) , except that for nonchemically curing sealant or caulking

comp ound ( nonaerosol ), the effective date of this requirement is December 31, 2010, and for chemically curing sealant or caulking compound ( nonaerosol ), the effective date of this requirement is December 31, 2012 :

(A) The product category as specified i n section 94509(a) or an abbreviation of the category shall be displayed;

(B) 1.The applicable VOC standard for the product that is specified in section 94509(a), except for Energized Electrical Cleaner, expressed as a percentage by weight, shall be displayed unless the product is included in an alternative control plan approved by the Executive Officer, as provided in Article 4, Sections 94540

- 94555, Title 17, California Code of Regulations, and the product exceeds the applicable VOC standard;Consumer Products Regulation 86 2. If the product is included in an alternative control plan approved by the Executive Officer, and the product exceeds the applicable VOC standard specified in section 94509(a), the product shall be labeled with the term “ACP” or “ACP product;”

(C) If the product is classified as a special purpose spray adhesive, the applicable substrate and/or application or an abbreviation of the substrate/application that qualifies the product as special purpose shall be displayed;

(D) If the manufacture r or responsible party uses an abbreviation as allowed by this subsection 94512(d)(1)(A), an explanation of the abbreviation

must be filed with the Executive Officer before the abbreviation is used.

(2) The information required in section 94512(d)(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, infor mation 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 94512(d)(1) prior to final sale of the product.

(e) Additional Requirements for Multi

- purpose Solvent and Paint Thinner

The following requirements apply in addition to the requirements specified in section 94512(a), (b), and (c):

( 1) Except as provided below in section 94512(e)(2), effective December 31, 2010, until December 31, 2015, no person shall sell, supply, offer for sale, or manufacture for use in California any “Flammable” or “Extremely Flammable” Multi

- purpose Solvent or Paint Thinner named, on the Principle Display Panel as “Paint Thinner,” “Multi

- purpose Solvent,” “Clean

- up Solvent,” or “Paint Clean

- up.”

(2) Section 94512(e)(1) does not apply to products that meet either of the following criteria:

(A) Products which include an attached “hang tag,” sticker, or contrasting square or rectangular area on the Principle Display Panel that displays, at a minimum, the following statements in a font size as large as, or larger than, the “signal word” (i.e. , “DANGER,” “WARNING,” or “CAUTION”) as specified in title 16, Code of Federal Regulations,

section 1500.121:Consumer Products Regulation 87 “Formulated to meet California VOC limits; see warnings on label; Vea las advertencias en la etiqueta, formulado complacientes con leyes de California” or

(B) Products where the Principle Display Panel displays, in both English and Spanish and a font size as large as, or larger than, the font size of all other words on the panel, the common name of the chemical compound (e.g., “Ac etone,” “Methyl acetate,” etc.) that results in the product meeting the criteria for “Flammable” or “Extremely Flammable.”

(3) For the purposes of this subsection (e), a product is “Flammable” or Extremely

Flammable” if it is labeled as “Flammable” or “ Extremely Flammable” on the product container, or if the product meets the criteria for these terms specified in title16, Code of Federal Regulations, section 1500.3(c)(6).

NOTE: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code.

§ 94513. Reporting Requirements.

(a) Upon 90 days written notice, the Executive Officer may require any responsible party to report information for any consumer product or produc ts the Executive Officer may specify including, but not limited to, all or pa r t of the

information: specified in the following subsec t i ons (a)(1) through (a)(12). If the responsible party does not have or does not provide the information requested by the Executive Officer, the Executive Officer may require the reporting of this information by the person that has the inf o rmation, including, but not limited to, any formulator, manufacturer, supplier, parent company, private labeler, distributor, or repa ckage r

.

(1) the company name, address, telephone number, and designated contact

person;

(2) any claim of confidentiality made pursuant to Title 17, California Code of Regulations, Section 91011;

(3) the product brand name for each consumer product and the product label;

(4) the product category to which the consumer product belongs;

(5) the applicable product form(s) listed separately;

(6) an identification of each product brand name and form as a “Household Product,” “I&I Product,” or both;Consumer Products Regulation 88 (7) separate California sales in pounds per year, to the nearest pound, and the method used to calculate California sales for each product form;

(8) for information submitted by multiple companies, an identification of each company which is submitting relevant data separate from that submitted by the responsible party. All information from all companies shall be submitted by the date specified in Section 94513(a);

(9) for each product brand name and form, the net percent by weight of the total product, less container and packaging, comprised of the following, rounded to

the nearest one

- tenth of a percent (0.1%):

(A) Total Table B Compounds (B) Total LVP

- VOCs that are not fragrances (C) Total All Other Carbon

- Contain i ng Compounds that are not fragrances (D) Total All Non

- Carbon

- Containing Compounds (E) Total Fragrance (F) For products containing greater t h an two percent by weight fragrance,

but ex c l uding “personal fragrance products”: (i) the percent of frag r ance that are LVP

- VOCs, and (ii) the percent of fragrance that are all other carbon

- containing compounds (G) For “personal fragrance products,” the density of the fragrance (H) Total Para

- dichlorobenzene

(10) for each product brand name and form, the identity, includ i ng the specific

chemical name and associated Chemical A b stract Services (CAS) number, of the following:

(A) Each Table B Compound (B) Each LVP

- VOC that is not a fragrance

(11) if applicable, the w e ight percent comprised of propellant for each produ c t;

(12) if applicable, an identifi c ation of the type of propellant (Type A, Type B, Type C, or a blend of the different types);

(b) In addition to the requirements of section 94513(a)(10), the responsible party shall report or shall arrange to have reported to the Executive Officer the net percent by weight of each ozone

- depleting compound which is (1) listed in section 94509(e)

a nd (2) contained in a product subject to reporting under section 94513(a) in any amount greater than 0.1 percent by weight.

(c) All information submitted by any person pursuant to Section 94513 shall be handled in accordance with the procedures specified in Title 17, California Code of Regulations, Sections 91000

- 91022.Consumer Products Regulation 89 (d) Special Reporting Require m ents for Aerosol Adhe s i ves

On or before March 31, 2004, all responsi b le parties for aerosol adhesives shall report to the Exe c uti v e Offic e r the following information for products sold or

offered for sale in California:

(1) data regarding product sales and compo s ition for the year 2003, including the information listed in Section 94513(a ) , and any other information that the Executive Officer may specify; a nd

(2) a written update of the research and de v elopment efforts undertaken to

achieve VOC limits lower than the limi t s specified in section 94509(a). The written update must include detailed information about the raw materials (solvents, propellan t s, resins, and polymers) and hardware (valves, actuators, cans) used in produ c t reformulation, the testing protocols used,

the results of the tes t ing, and the cost of reformulation efforts.

(3) On or before December 31, 2003, the E x ecutive Officer shall noti fy responsible parties in writing that they are to s ubmit aerosol adhe s ive product and research data by March 31, 2004.

(e) Special Reporting Requir e ments for Consumer Products that Contain Perchloroethylene or Methylene Chloride :

(1) The requirements of this subsection shall apply to all responsible parties for:

(A) consumer products that are s ubject to section 94509(a) and contain
perchloroe t hylene or methylene chloride, and

(B) Energized Electrical Cleaners as de f ined in s ection 94508 ( a), that contain perchloroe t hylene or methylene chloride. For the purposes of this subsection, a product “contains perchloroethylene or methylene

c h loride” if the product contains 1.0 percent or more by weight (exclusive

of the container or packaging) of either pe rchloroethylene or methylene

chloride.

(2) For each consumer product that contains perchloroethylene or methylene chloride, the responsible party shall report the following inform a tion for products sold in California during each calendar year, beginning with the year 2000, and ending with the year 2010.

( A) the product brand name and a copy of the product label with legible usage instructions;

(B) the product category to whi c h the consumer product belongs;Consumer Products Regulation 90 (C) the applicable product form(s) (listed separately);

(D) for each product form listed in (C), t he total sales in California during the calendar year to the nearest pound (excl u si ve of the container or packaging), and the method used for calculating the Cali f ornia sales;

(E) the weight percent, to the nearest 0.10 percent, of perchloroethylene and methylene chloride in the consumer product.

(3) The information speci f ied in sub s ection 94513(e)(2) shall be repo r ted for each calendar year by March 1 of the following y ear. T he first report shall be due on March 1, 2001, for ca l endar year 2000. A new report is due on March 1 of each year thereafter, until Marc h 1, 2011, when the last report is

due.

(4) Upon request, the Executive Off i cer sh a ll make the perchloroethylene information submitted pursuant to this subsection available to publicly owned

treatment works in California, in a ccordan c e with the procedures for handling of confidential information specified in Title 17, Califor n ia Code of

R egulations, sections 91 0 00

- 91 022.

(A) On or before July 1, 2002, the E x ecutive Offi c er shall evaluate the information, along with data on influent and effluent levels of perchloroe t hylene as reported by publi c ly

- owned treatment works personnel and any other relevant information, to determine if it is likely

that publicly

- owned treatment works are e x periencing increased levels of perchloroe t hylene, relative to 1996 level s , that can be attributed to consumer products which conta i n perchloroethylene.

(B) If the E x ecutive Offic e r determin e s that it is likely that increased perchloroethylene levels at the publicly

- owned treatment works are

caused by increased levels of perchloroethylene in consumer products subject to this regulation, then the Executive Officer shall, in conjunctio n
with the publicly

- owned treatment works and other appropriate parties, implement measures which are feasible, appropriate, and necessary for reducing perchloroethylene levels at the publicly

- owned treatment works.

(f) Special Reporting Require m ents for Multi

- purpose Lubricant and Penetrant products

(1) On or before March 31, 2012, all respon s ible parties for Multi

- purpose Lubricant and Penetrant products sh a ll report to the E x ecu t ive Off i cer the following information for products sold or offered for sale in California:

(A) data regarding product sales and composition for the year 2011, including the information listed in section 94513(a), the entire product label; andConsumer Products Regulation 91 (B) a written update of the research and development efforts undertaken to

achie ve the 25 percent VOC limits speci f ied in section 94509(a). The written update must include detailed information about the raw materials evaluated for use, maximum inc r emental reactiv i ty (MIR) values for any

VOC or LVP

- VOC used or evaluated, the function of the raw material evaluated, hardware used in product reformulation, the test i ng protocols used, the results of the testing, and the cost of reformulation efforts.

(2) On or before March 31, 2014, all re s ponsible parties for Multi

- purpose
Lubricant products shall report to the E x ecutive Offic e r the following information for products sold or offered f o r sale in California:

(A) data regarding product sales and composition for the year 2013, including the information listed in Section 94513(a), the en tire product label; and

(B) a written update of the research and development efforts undertaken to achieve the 10 percent VOC limit specified in section 94509(a). The written update must include detailed information about the raw

materials evaluated for use, MIR values for any VOC or LVP

- VOC
used or evaluated, the function of the raw material e v aluated, hardware used in product reformulation, the testing protocols used, the results of the testing, and the cost of ref o rmulation effort s

.

(g) Special Reporting Requirements for Multi

- purpose Solvent and Paint

T

hinner products

(1) On or before June 30, 2012, all respon s ible parties for Multi

- purpose Sol v ent and Paint Thinner products shall report to the E x ecutive Officer the following info rmation for products sold or offered for sale in

California:

(A) data regarding product sales and composition for the year 2011, including the information listed in section 94513(a), and the entire product label; and

(B) a written update of the research and development efforts undertaken to achieve the 3 percent VOC limits specified in section 94509(a). The written update must include detailed information about the raw materials evaluated for use; maximum inc r emental rea ctiv i ty (MIR) values for any VOC or LVP

- VOC used or evaluated; the function of the raw material evaluated; the testing protocols used; the results of

the test i ng; and the cost of reformulation effort s

.

NOTE: Authority cited: Sections 39600, 39601, 4151 1 and 41712, Health and Safety Code.

Reference: Sections 390 0 2, 39600, 40000, 41511 and 41712, Health and Safety Code.Consumer Products Regulation 92 § 94514. Variance s

.

(a) Applications for variances. Any person who cannot comply with the requirements set forth in Section 94509, because of extraordinary reasons beyond the person's reasonable control may apply in writing to t he Exe c uti v e Officer for a variance. The variance appli c ation s hall set forth:

(1) the specific grounds upon which the variance is sought;

(2) the proposed date(s) by which compliance with the provisions of Section
94509 will be achieved;

(3) a compliance report reasonably detailing the method(s) by which compliance
will be achieved, and

(4) for applicants requesting a variance from the June 1, 1999, 55 percent VOC standard for hairspray products, the variance application shall also include a plan describing how the applicant will mitigate the excess VOC emissions that would be emitted during the period of the variance.

(b) Notices and public hearings for variances. Upon receipt of a variance application containing the information required in subsection (a), the Executive Officer shall hold a public hearing to determine whether, under what conditions, and to what extent, a variance fr om the requirements in Section 94509 is necessary and will be permitted. A hearing shall be initiated no later than 75 days after receipt of a variance application. Notice of the time and place of the hearing shall be sent to the applicant by certified m ail not less than 30 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to every person who requests such notice, not less than 30 days prior to the hearing. The notice shall state that the parties may, but need
not be, represented by counsel at the hearing. At least 30 days prior to the hearing, the variance application shall be made available to the public for inspection. Interested members of the public shall be allowed a reasonable opportunity to testify at the hearing and their testimony shall be considered.

(c) Treatment of confidential information. Information submitted to the Executive Officer by a variance applicant may be claimed as confidential, and such information shall be handled in accordance with the procedures specified in Title 17, California Code of Regulations, Sections 91000

- 91022. The Executive Officer may consider such confidential information in reaching a decision on a variance applic ation.

(d) Necessary findings for granting variances. No variance shall be granted unless all of the following findings are made:Consumer Products Regulation 93 (1) that, because of reasons beyond the reasonable control of the applicant, requiring c omplian c e with Section 94509 wou l d result in extraordinary economic hardship.

(2) that the public interest in mitigating the extraordinary hardship to the appli c ant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants which wo u l d result from i ssuing

the variance.

(3) that the compliance repor t proposed by the applicant can reasonably be reasonably be implemented, and will achieve compliance as e xpeditiously as possible.

(e) Variance o r ders. Any variance order shall specify a final complian c e date by which the requirements of S ection 94509 will be achieved. Any variance order shall contain a condition that specifies increments of progress necessary to assure timely complian c e, and such other conditions that the Executive Officer, i n
conside r ation of the testimony received at the hearing, finds necessary to carry out the purposes of Divi s ion 26 of the Hea l th and Safety Code.

(f) Situations in which variances shall cease to be effective. A variance shall cea s e to be effective upon failu r e of the party to whom the variance was granted to comply with any term or condition of the variance.

(g) Modification and revocation of variances. Upon the application of any perso n , the Executive Officer may review, and for good cause, modify or rev o ke a variance from requirements of Section 94509 after holding a public hearing in ac c ordance

wi t h the provisions of subsection (b).

(h) Special conditions in variance orders for ha i rspray products.

In imposing conditions in variance orders granted from the June 1, 1999, 55 percent VOC standard for hairspray products, the Executi v e Officer, in addition to any other conditions that may be imposed, shall r equire the applicant to mitigate th e excess VOC emissions that would be e m itted during the period of the variance. If this mitigation requirement would result in an extraordinary economic hardship to the applicant, or if other good cause exists, the E x ecuti v e Officer may

w aive all or part of this requirement.

NOTE: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code.

Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code.Consumer Products Regulation 94 § 94515. Test Methods

.

(a)(1) VOC and GWP compound content determination using ARB Method 310

. Testing to determine compliance with the requirements of this article, shall be performed using Air Resources Board Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products and Reactive Organi c Compounds in Aerosol Coating Products , adopted September 25, 1997 and as

last amended on September 29, 2011

, which is incorporated herein by reference. Alternative methods which are shown to accurately determine the concentration of VOCs in a subject pr oduct or its emissions may be used upon approval of the

Executive Officer.

(2) In sections 3.5, 3.6, and 3.7 of Air Resources Board (ARB) Method 310, a process is specified for the “Initial Determination of VOC Content” and the “Final

Determination of VOC Content”. This process is an integral part of testing procedure set forth in ARB Method 310, and is reproduced below:

Sections 3.5, 3.6, and 3.7 of Air Resources Board Method 310

3.5 Initial Determination of VOC Content. The Executive Officer will determine the VOC content pursuant to sections 3.2 and 3.3. Only those components with concentrations equal to or greater than 0.1 percent by weight will be reported.

3.5.1 Using the appropriate formula specified in secti on 4.0, the Executive Officer will make an initial determination of whether the product meets the applicable VOC standards specified in ARB regulations. If initial results show that the product does not meet the applicable VOC standards, the Executive Off icer may perform additional testing to

confirm the initial results.

3.5.2 If the results obtained under section 3.5.1 show that the product does not meet the applicable VOC standards, the Executive Officer will request the product manufacturer or responsible party to supply product formulation data. The manufacturer or responsible party shall supply the requested information. Information submitted to the ARB Executive Officer may be claimed as confidential; such information will be handled

in acc ordance with the confidentiality procedures specified in Title 17, California Code of Regulations, sections 91000 to 91022.

3.5.3 If the information supplied by the manufacturer or responsible party shows that the product does not meet the applicable VOC standards, then the Executive Officer will take appropriate enforcement action.Consumer Products Regulation 95 3.5.4 If the manufacturer or responsible party fails to provide formulation data as specified in section 3.5.2, the initial determination of VOC

content under this section 3.5 shall determine if the product is in compliance with the applicable VOC standards. This determination may be used to establish a violation of ARB regulations.

3.6 Determination of the LVP

- VOC status of compounds and mixtures. This section does not apply to antiperspirant and deodorants or aerosol coating products because there is no LVP

- VOC exemption for these products.

3.6.1 Formulation data. If the vapor pressure is unknown, the following ASTM methods, which are incorporated by reference herein, may be

used to determine the LVP

- VOC status of compounds and mixtures:

ASTM D 86

- 01 (Aug. 10, 2001), ASTM D 850

- 00 (Dec. 10, 2000),

ASTM D 1078

- 01 (June 10, 2001), ASTM D 2879

- 97 (April 10, 1997), as modified in Appendix B to this Met hod 310, ASTM D 2887

- 01 (May 10, 2001) and ASTM E 1719

- 97 (March 10, 1997).

3.6.2 LVP

- VOC status of “compounds” or “mixtures.” The Executive Officer will test a sample of the LVP

- VOC used in the product formulation to determine the boiling point for a compound or for a mixture. If the boiling point exceeds 216 o C, the compound or mixture is an LVP

- VOC. If the boiling point is less than 216 o C, then the weight percent of the

mixture which boils above 216 o C is an LVP

- VOC. The Executive

Officer will use the nearest 5 percent distillation cut that is greater than

216 o C as determined under 3.6.1 to determine the percentage of the mixture qualifying as an LVP

- VOC.

3.6.3 Reference method for identification of LVP

- VOC compounds and mixtures. If a pr oduct does not qualify as an LVP

- VOC under 3.6.2, the Executive Officer will test a sample of the compound or mixture used in a product’s formulation utilizing one or both of the following:

ASTM D 2879

- 97 (April 10, 1997), as modified in Appendix B to thi s Method 310, and ASTM E 1719

- 97 (March 10, 1997), to determine if the compound or mixture meets the requirements of Title 17, CCR, section 94508(a)( 98 )(A).

3.7 Final Determination of VOC Content . If a product’s compliance status is not satisfactorily resolved under sections 3.5 and 3.6, the Executive Officer will conduct further analyses and testing as necessary to verify the formulation

data.

3.7.1 If the accuracy of the supplied formulation data is verified and the product sampl e is determined to meet the applicable VOC standards,

then no enforcement action for violation of the VOC standards will be

taken.Consumer Products Regulation 96 3.7.2 If the Executive Officer is unable to verify the accuracy of the supplied formulation data, then the Executive O fficer will request the product manufacturer or responsible party to supply information to explain the discrepancy.

3.7.3 If there exists a discrepancy that cannot be resolved between the results of Method 310 and the supplied formulation data, then the results of Method 310 shall take precedence over the supplied

formulation data. The results of Method 310 shall then determine if the product is in compliance with the applicable VOC standards, and may be used to establish a violation of ARB regulations.

(b) VOC content determinations using product formulation and records. Testing to determine compliance with the requirements of this article may also be demonstrated through calculation of the VOC content from records of the amounts of

constituents used t o make the product pursuant to the following criteria:

(1) Compliance determination s based on these records may not be used unless the manufacturer of a consumer product keeps accurate records for each day of production of the amount and chemical composition of the individual product constituents. These records must be kept for at least three years.

(2) For the purposes of this section 94515(b), the VOC content shall be calculated according to the following equation:

where,

A = total net weight of unit (excluding container and packaging)

B = total weight of all VOCs, as defined in Section 94508(a), per unit

C = total weight of VOCs exempted under Section 94510, per unit

(3) If product records appear to demonstrate compliance with the VOC limits, but these records are contradicted by product testing performed using ARB Method 310, the results of ARB Method 310 shall take precedence over the product records and may be used to establish a violation of the requirements of

this article.

(c) Aromatic Compound content determination for Multi

- purpose Solvent or Paint Thinner using ARB Method 310 . Testing to determine compliance with the requirements of section 94509 (p)( 1), shall b e performed using Air Resources Board VOC Content = B

- C x 100

AConsumer Products Regulation 97 Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer

Products and Reactive Organic Compounds in Aerosol Coating Products , adopted September 25, 1997 and as last amended on September 29, 2011

, w hich is incorporated by reference herein. Alternative test methods that are demonstrated to be equally or more accurate than ARB Method 310 in determining the Aromatic Compound content in a product or its emissions may be used upon the written approval of the Executive Officer.

(d) Aromatic Compound content determinations for Multi

- purpose Solvent or Paint Thinner using product formulation and records . Testing to determine compliance with the requirements of section 94509(p)(1), may also be demonstrated through calculation of Aromatic Compound content from records of the amounts of constituents used to make the product pursuant to the following criteria:

(1) Compliance determination s based on these records may not be used unless

the manufacturer of a Multi

- purpose Solvent or Paint Thinner keeps accurate records for each day of production of the amount and chemical composition of the individual product constituents. These records must be kept for at least three years.

(2) For the purposes of this section 94515(d), the Aromatic Compound content shall be calculated according to the following equation:

where, D = total net weight of unit (excluding container and packaging)

E = total weight of all Aromatic Compounds, as defined in Section 94508(a), per unit

(3) If product records appear to demonstrate compliance with the Aromatic Compound limit, but these records are contradicted by product testing performed using ARB Method 310, the results of ARB Method 310 shall take precedence over the product records and may be used to establish a violation of the requirements of this article.

(e) Determination of liquid or solid. Testing to determine whether a product is a liquid or solid shall be performed using ASTM D4359

- 90 (May 25, 1990), which is incorporated by reference herein.

(f) Compliance determinations for charcoal lighter mater ial products. Testing to determine compliance with the certification requirements for charcoal lighter material shall be performed using the procedures specified in the South Coast Air Quality Aromatic Compound Content = E x 100

DConsumer Products Regulation 98 Management District Rule 1174 Ignition Method Compliance Certi fication Protocol (February 28, 1991), which is incorporated by reference herein.

(g) Testing to determine distillation points of petro leum distillate

- based charcoal lighter

materials sh all be performed using ASTM D86

- 01 (Aug. 10, 2001), which is incorpor ated by reference herein.

(h) Fragrance content determinations for personal fragrance products. Testing to determine the percent by weight of fragrance in personal fragrance products shall be performed according to the Association of Official Analytica l Chemists (AOAC) Official Method of Analysis No. 932.11, 1990, “Essential Oil in Flavor Extracts and Toilet Preparations, Babcock Method” (AOAC Official Methods of Analysis, 15th Edition, 1990), which is incorporated by reference herein.

(i) No person shall create, alter, falsify, or otherwise modify records in such a way that the records do not accurately reflect the constituents used to manufacture a product, the chemical composition of the individual product, and any other test, processes, or

record s used in connection with product manufacture.

NOTE: Authority cited: Sections 39600, 39601, 39607, 41511 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 39607, 40000, 41511 and 41712, Health and Safety Code.

§ 94516. Severability

.

Each part of this article shall be deemed severable, and in the event that any part of this article is held to be invalid, the remainder of this article shall continue in full force

and effect.

NOTE: Authority cited: Sections 39600, 39601 , and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code.

§ 94517. Federal Enforceability

.

For purposes of federal enforceability of this article, the Environmental Protection Agency is not subje ct to approval determinations made by the Executive Officer under Sections 94511, 94514, and 94515. Within 180 days of a request from a person who has been granted an exemption or variance under Section 94511 or 94514, an exemption or variance meeting the requirements of the Clean Air Act shall be submitted by the Executive Officer to the Environmental Protection Agency for inclusion in the applicable implementation plan approved or promulgated by the Environmental Protection Agency pursuant to Section 110 of the Clean Air Act, 42 U.S.C., Section 7410. Prior to submitting an exemption granted under Section 94511 as a revision to the applicable implementation plan, the Executive Officer shall hold a public hearing on the proposed exemption. Notice of the time and place of the hearing shall be sent to the applicant by certified mail not less than 30 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to the Environme ntal ProtectionConsumer Products Regulation 99 Agency, every person who requests such notice, and to any person or group of persons whom the Executive Officer believes may be interested in the application. Within 30 days of the hearing the Executive Officer shall notify the applicant o f the decision in writing as provided in Section 94511(f). The decision may approve, disapprove, or modify an exemption previously granted pursuant to Section 94511.

NOTE: Authority cited: Section 39600, 39601, 39602, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 39602, 40000, and 41712, Health and Safety Code.