Consumer Products Regulation 19 (includes Sept. 2009 amendments) 

## REGULATION FOR REDUCING EMISSIONS

FROM CONSUMER PRODUCTSConsumer Products Regulation (includes Sept. 2009 amendments) 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 sa le, 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 incl ude products used on humans and animals, adhesive tape, contact paper, wallpaper, shel f liners, or any other product with an adhesive incorporated onto or in an inert substrate. For “Contact Adhesive,” “Construction, Panel, and Floor Cove ring Adhesive,” and “General Purpose Adhesive” only, “adhesive” also does not include units of product, less packaging, which weigh more than one poun d and consist of more than 16 fluid

ounces. This limitation does not apply to aerosol adhesives.

(2) “Adhesive Remover” means a product des igned to remove adhesive from either a specific substrate or a variety of substrates. “Adhesive Remover” does not include products that remo ve 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 subst ance used to bond one or more materials.

Adhesive includes, but is not limited to: caulks; sealants; glues; or similar

substances used for the purpose of forming a bond.

(A) “Floor or Wall Covering A dhesive Remover” means a product designed or labeled to remove floor or wall coverings and associated adhesive from the underlying substrate.

(B) “Gasket or Thread Locking Adhesi ve Remover” means a product designedConsumer Products Regulation (includes Sept. 2009 amendments) 21 or labeled to remove gaskets or thread locking adhesives. Products labeled for dual use as a paint stri pper and gasket remover and/or thread locking adhesive remover are considered “Gasket or Thread Locking

Adhesive Remover.”

(C) “General Purpose Adhesive Remo ver” means a product designed or labeled to remove cyanoacrylate adhesives as well as non-reactive adhesives or residue from a variety of substrates. “General Purpose Adhesive Remover” includes, but is not limited to, products that remove thermoplastic adhesives; pressure sensitive adhesives; dextrine or starch-based adhesives; casein glues; rubber or latex-based adhesives; as well as products that remove st ickers; decals; stencils; or similar materials. “General Purpose Adhesi ve Remover” does not include “Floor or Wall Covering Adhesive Remover.”

(D) “Specialty Adhesive Remover” m eans 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 adhes ives include, but are not limited to: epoxies; urethanes; silicones. “Spec ialty Adhesive Remover” does not include “Gasket or Thread Locking Adhesive Remover.”

(3) “Aerosol Adhesive” means any adhes ive packaged as an aerosol product in which the spray mechanism is pe rmanently housed in a nonrefillable can designed for hand-held applicat ion without the need for anci llary hoses or spray equipment. Aerosol adhesives include spec ial purpose spray adhesives, mist spray adhesives, and web spray adhesives.

(4) “Aerosol Cooking Spray” means any aer osol product designed either to reduce sticking on cooking and baking surfaces or to be applied on food, or both.

(5) “Aerosol Product” means a pressurized spray system that dispenses product ingredients by means of a propellant contained in a product or a product's container, or by means of a mechanically induced force. “Aerosol Product” does not include “Pump Spray.”

(6) “Agricultural Use” means the use of any pesticide or method or device for the control of pests in connection with t he commercial production, storage or processing of any animal or plant crop. “Agricultural Use” does not include the sale or use of pesticides in properly l abeled packages or containers which are intended for: (A) Home use, (B ) Use in structural pest cont rol, or (C) Industrial or Institutional use. For the pur poses of this definition only:

“Home use” means use in a househol d or its immediate environment.

“Structural pest control” means a use requiring a license under Chapter 14Consumer Products Regulation (includes Sept. 2009 amendments) 22 (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 fa ctories, processing plants, and similar

sites.

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

(7) “Air Freshener” means any product incl uding, but not limited to, sprays, wicks, wipes, diffusers, powders, and crystals, designed or labeled for the purpose of masking odors, or freshening, cleaning, sce nting, or deodorizing the air. “Air Freshener” includes dual purpose air fres hener/disinfectant products. “Air Freshener” does not include products that are used on the human body, products that function primarily as cleaning products as indicat ed on a product label, “Odor Remover/Eliminator,” or “T oilet/Urinal Care Product.”

(8) “All Other Carbon-Cont aining Compounds” means all other compounds which

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

(9) “All Other Forms” means all consumer product forms for which no form-specific VOC standard is specified. Unless s pecified otherwise by the applicable VOC standard, “all other forms” in clude, 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.

(10) “Antimicrobial Hand or Body Cleaner or Soap” means a cleaner or soap which is designed to reduce the level of micr oorganisms on the skin through germicidal activity, and is regulated as an over-the- counter drug by the U.S. Food and Drug

Administration. “Antimicrobial 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 ha nd washes, (D) pre-operative skin preparations and (E) surgical scrubs. “Ant imicrobial Hand or Body Cleaner or Soap” does not include prescripti on drug products, antiperspirants, “Astringent/Toner,” deodorant, “Facial Clean er or Soap,” “General-use Hand or Body Cleaner or Soap,” “Hand Dishwashing De tergent” (including antimicrobial), “Heavy-duty Hand Cleaner or Soap,” “Medi cated Astringent/Medicated Toner,” and “Rubbing Alcohol.”

(11) “Anti-Static Pr oduct” means a product that is label ed to eliminate, prevent, or

inhibit the accumulation of static electric ity. “Anti-Static Pr oduct” does not include “Electronic Cleaner,” “Floor Polish or Wax,” “Floor Coating,” and products that meet the definition of “Aerosol Coating Product” or “Architectural Coating.”Consumer Products Regulation (includes Sept. 2009 amendments) 23 (12) “Architectural Coatin g” means a coating applied to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs.

(13) “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).

(14) “Artist’s Solvent/Thinner” means any liquid product, labeled to meet ASTM D4236 – 95 (March 1, 2005) Standard Practi ce for Labeling Art Materials for Chronic Health Hazards, which is incorporated by reference herein, and packaged in a container equal to or less than 32 fluid ounces, labeled to reduce the viscosity of, and or remove, art coating compositions or components.

(15) “ASTM” means ASTM International.

(16) “Astringent/Toner” means any product des igned 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 cr eam, lotion, antiperspirant, or any Astringent/Toner product regulated as a drug by the United States Food and Drug Administration (FDA).

(17) “Automotive Hard Paste Wax” means an automotive wax or polish which is: (A) designed to protect and improv e the appearance of automotive paint surfaces; and (B) a solid at room tem perature; and (C) contains 0% water by

formulation.

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

(19) “Automotive Rubbing or Polishing Compound” means a product designed primarily to remove oxidation, old pain t, scratches or “swirl marks,” and other defects from the painted surfaces of moto r vehicles without leaving a protective

barrier.

(20) “Automotive Wax, Polish, Sealant or Glaze” means a product designed to seal out moisture, increase gloss, or otherwise 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 public. “Automotive Wax, Polish, Sealant or Glaze” does not in clude “Automotive Rubbing or Polishing Compound,” automotive wash and wax products, surfac tant-containing car washConsumer Products Regulation (includes Sept. 2009 amendments) 24 products, and products designed for use on unpainted surfaces such as bare metal, chrome, gla ss, or plastic.

(21) “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 capacit y of one quart or less; and

(B) the product is designed 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 (D ilutable)” does not include any fluid which is placed in a new motor vehicle at the time the vehicle is manufactured.

(22) “Automotive Windshield Washer Fl uid (Pre-Mixed)” means any liquid which

meets the follo wing criteria:

(A) the product is sold in a container wit h 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 (P re-Mixed)” does not include any fluid which is placed in a new motor vehicle at the time the vehicle is manufactured.

(23) “Bathroom and Tile Cleane r” means a product designed or labeled to clean tile or
surfaces in bathrooms. “Bathroom and Tile Cleaner” does not include

“Toilet/Urinal Care Product.”

(24) “Brake Cleaner” means a cleaning produc t designed or labeled to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake

mechanisms.

(25) “Bug and Tar Remover” means a product labe led to remove either or both of the following from painted motor vehicle su rfaces 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.

(26) “California Sales” means the sales (net pounds 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 is not available, anyConsumer Products Regulation (includes Sept. 2009 amendments) 25 consecutive 12 month period commencing no earlier than 2 years prior to the due date of the required information. If direct sales data for Ca lifornia is not available, sales may be estimated by prorating national or regional sales data by population.

(27) “Carburetor or Fuel-Injection Air In take Cleaner” means a product designed or labeled to remove fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body of a fuel-injec tion system, or associated linkages. “Carburetor or Fuel-injection Air In take 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 ca rburetor or fuel in jectors, or products designed or labeled exclusively to be in troduced during engine operation directly into air intake vacuum lines by using a pressurized sprayer wand.

(28) “Carpet/Upholstery Cleaner” means a cleaning product designed or labeled for the purpose of eliminating di rt or stains on rugs, car peting, or objects upholstered or covered with fabrics such as wool, cott on, nylon or other synthetic fabrics. “Carpet/Upholstery Cleaner” includes, but is not limited to, products used on household furniture, the in terior of motor vehicles, and products that make ”Fabric Protectant” claims. “Carpe t/Upholstery Cleaner” does not include “Spot Remover,” vinyl or leather cleaners, ”D ry Cleaning Fluid,” or products designed exclusively for use at industrial fac ilities engaged in furniture or carpet manufacturing.

(29) “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 cylinde rs using paper tinder, (C) natural gas, (D) propane, and (E) fat wood.

(30) “Colorant” means any pigment or colori ng material used in a consumer product for an aesthetic effect, or to dramatize an ingredient.

(31) “Construction, Panel, and Floor Cove ring Adhesive” means any non-aerosol, 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 har dboard or tileboard, etc.), ceiling and acoustical tile, molding, fixtures, counter tops or countertop laminates, cove or wall bases, and flooring or subflooring; or (B) floor or wall coverings that include, but are not limited to, wood or simulated wood covering, carpet, carpet pad or cushion, vinyl-backed carpet, flexible flooring material, nonresilient flooring material, mirror tiles and other types of tiles, and artifici al grass. “Construction, Panel, and Floor Covering Adhesive” does not include “Floor Seam Sealer.”

(32) “Consumer” means any person who seeks, purchases, or acquires anyConsumer Products Regulation (includes Sept. 2009 amendments) 26 consumer product for personal, family, househol d, or institutional use. Persons acquiring a consumer product for resale are not “consumers” for that product.

(33) “Consumer Product” m eans a chemically formulated product used by household

and institutional consumers including, but not limit ed to, detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty products ; but does not include other paint products, furniture coatings, or architectural coati ngs. As used in this article, the term “consumer product” shall also refer to aerosol adhesives, including aerosol adhesives used for consumer, industrial, and commercial uses.

(34) “Contact Adhesive” means a non-aeros ol 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 c ontact with each other, and (C) forms an immediate bond that is impossible, or di fficult, to reposition after both adhesivecoated surfaces are placed in contact with each other, and (D) does not need sustained pressure or clamping of surfac es after the adhesive-coated surfaces have been brought together using sufficient mo mentary pressure to establish full
contact between both surfaces. “Contac t Adhesive” does not include rubber cements that are primarily intended for use on paper substrates. “Contact

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

(35) “Contact Adhesive - General Purpose” means any contact adhesive that is not a “Contact Adhesive - Special Purpose.”

(36) “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 nonporous surface, and is sold in units of product, less packaging, that contain more than eight fluid ounces, or (B) is used in automotive app lications that are (1.) automotive under-the-hood applications r equiring heat, oil or gasoline resistance, or (2.) body-side molding, automotive weatherstrip or decorative trim.

(37) “Container/Packaging” means the part or parts of the consumer or institutional product which serve only to contain, enclo se, incorporate, deliver, dispense, wrap or store the chemically formulated subst ance or mixture of substances which is solely responsible for accomplishing the purposes for which the product was designed or intended. “Container/Packagi ng” includes any article onto or into which the principal display panel and ot her accompanying lit erature or graphics are incorporated, etched, printed or attached.

(38) “Crawling Bug Insecticide” means any in secticide product that is designed for use against ants, cockroaches, or other household crawling arthropods, including, butConsumer Products Regulation (includes Sept. 2009 amendments) 27 not limited to, mites, silverfish or spider s. “Crawling Bug Insecticide” does not include products designed to be used exclus ively on humans or animals, or any house dust mite product. For the pur poses of this definition only:

“House dust mite product” means a pr oduct whose label, packaging, or accompanying literature stat es 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 othe r 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 Chelicerata, the class Arachni da, the subclass Acari, the order Astigmata, and the fam ily Pyroglyphidae.

(39) “Deodorant Body Spray” means:

(A) for products manufactured bef ore January 1, 2006: a “Personal Fragrance Product” with 20 per cent 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 hum an body to provide a scent. A “Deodorant Body Spray” product t hat indicates or depicts on the container or packaging, or on any sticke r 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).

(40) “Device” means any instrument or c ontrivance (other than a firearm) which is designed for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal lif e (other than man and other than bacteria, virus, or other microorganism on or in living man or other living animals); but not including equipment used for the application of pesti cides when sold separately therefrom.

(41) “Disinfectant” means a pr oduct that is labeled as a “disinfectant”, or is labeled to destroy or irreversibly inactivate in fectious or other undesirable bacteria, pathogenic fungi, or viruses on surfaces or inanimate objects and whose label is registered as a “disinfectant” under t he Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136, et seq.). Products that are labeled as

both a “sanitizer” and a “disinfectant” are cons idered disinfectants. “Disinfectant” does not include any of the following: (A ) products labeled solely for use on humans or animals, (B) products labeled sole ly for agricultural use, (C) products labeled solely for use in swimming pool s, 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 premoistened wipes or towelettes sold exclus ively to medical, convalescent, or veterinary establishments, (F) products which are labeled to be applied to

food-contact surfaces and are not required to be rinsed prior to contact with food,Consumer Products Regulation (includes Sept. 2009 amendments) 28 or (G) products which are labeled as “Bathroom and Tile Cleaner,” “Glass Cleaner,” “General Purpos e Cleaner,” “Toilet/Urinal Care Product,” “Metal Polish,” “Carpet Cleaner,” or “Fabric Refr esher” that may also make disinfecting

or anti-microbial claims on the label.

(42) “Distributor” means any person to whom a consumer product is sold or supplied for the purposes of resale or dist ribution in commerce, except that manufacturers, retailers, and cons umers are not distributors.

(43) “Double Phase Aerosol Air Freshener” means an aerosol air freshener with the liquid contents in two or more distinct phases that requires the product container

be shaken before use to mix the phases, producing an emulsion.

(44) “Dry Cleaning Fluid” means any non-aqueous liquid product designed and labeled exclusively for use on: (1) fabrics which are l abeled “for dr y clean only,” such as clothing or drapery; or (2) “S -coded” fabrics. “Dry Cleaning Fluid” includes, but is not limited to, those products used by commercial dry cleaners

and commercial businesses that clean f abrics such as draperies at the customer’s residence or work place. “D ry Cleaning Fluid” does not include “Spot Remover” or “Carpet/Upholstery Cleaner.” For the purposes of this definition, Scoded fabric means an upholstery fabric designed to be cleaned only with waterfree spot cleaning products as specified by the Joint Industry Fabric Standards

Committee.”

(45) “Dual Purpose Air Freshener/Disinfect ant” 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 st icker, label, packaging, or literature attached to the product container.

(46) “Dusting Aid” means a product designed or labeled to assist in removing dust

and other soils from floors and other su rfaces without leaving a wax or silicone based coating. “Dusting Aid” does not include “Pressurized Gas Duster.”

(47) “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, armature s, relays, electric panels, or generators. Electrical
Cleaner does not include “General Pu rpose Cleaner,” “General Purpose Degreaser,” “Dusting Aid,” “Electronic Cleaner,” “Energized Electrical Cleaner,” “Pressurized Gas Duster,” “Engine Degreaser ,” “Anti-Static Pr oduct,” or products designed to clean the casings or housings of electrical equipment.

(48) “Electronic Cleaner” means a product l abeled for the removal of dirt, moisture, dust, flux, or oxides from the internal components of electronic or precision equipment such as circuit boards, and t he 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 includeConsumer Products Regulation (includes Sept. 2009 amendments) 29 “General Purpose Cleaner,” “General Pu rpose Degreaser,” “Dusting Aid,” “Pressurized Gas Duster,” “Engine Degreas er,” “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 an d/or degrease electronic equipment, where cleaning and/or degreasing is accomplishe d when electrical current exists, or

when there is a residual electric al potential from a component;

2) the product label clearly displays the statements: “E nergized Electronic Equipment use only.”

(49) “Energized Electrical Cleaner” means a product that meets bot h of the following

criteria:

1) the product is labeled to clean and/ or degrease electrical equipment, where cleaning and/or degreasing is accomplishe d 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 t he statements: “Ener gized Equipment use only. Not to be used for motorized v ehicle maintenance, or their parts.”

“Energized Electrical Cleaner” does not include “Electronic Cleaner.”

(50) “Engine Degreaser” means a cleaning pr oduct designed or labeled to remove grease, grime, oil and other contaminants from the external surfaces of engines and other mechanical parts.

(51) “Executive Officer” means the Executiv e Officer of the Air Resources Board, or his or her delegate.

(52) “Existing Product” means any formulat ion of the same product category and form sold, supplied, manufactured, or offered fo r sale in California prior to the following dates, or any subsequently introduced identical formulation:

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

(B) January 6, 1993, for all products list ed 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 list ed in section 94509(a) that have initial effective dates of January 1, 2001, January 1, 2002, January 1, 2003, orConsumer Products Regulation (includes Sept. 2009 amendments) 30 January 1, 2005;

(D) November 19, 2000, for all produ cts in the following product categories listed in section 94509( a): “Non-aerosol 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 list ed 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.

(53) “Fabric Protectant” means:

(A) for products manufactured before December 31, 2008: a product designed or labeled to be applied to fabric subs trates to protect the surface from soiling from dirt and other impurities or to reduce absor ption of liquid into the

fabric’s fibers. “Fabric Protect ant” 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 ot her impurities or to reduc e absorption of liquid into

the fabric’s fibers. “F abric Protectant” does not include “Waterproofers,” or products labeled for use solely on leather. “Fabric Protectant” does not include pigmented products that are designed or la beled to be used primarily for coloring, products used for construc tion, reconstruction, modification,

structural maintenance or repair of fabric substrates , or products that renew

or restore fabric and qualifying as either “Clear Coating” or “Vinyl/Fabric/Leather/Polycarbonate Coating” under section 94521(a).

(54) “Fabric Refresher” means a product l abeled to neutralize or eliminate odors on

non-laundered fabric including, but not limited to, soft household surfaces, rugs, carpeting, draperies, bedding, automotive interiors, fo otwear, athletic equipment, clothing and/or on household furniture or objects uphol stered or covered with fabrics such as, but not limited to, wool, co tton, or nylon. “Fabric Refresher” doesConsumer Products Regulation (includes Sept. 2009 amendments) 31 not include “Anti-static Product,” “Carpet/Upholster y Cleaner,” “Footwear or Leather Care Product,” “Spot Re mover,” or “Disinfectant,” or products labeled for application to both f abric and human skin.

(55) “Fabric Softener-Single Use Dryer Product” means a laundry care product designed or labeled for single use in the clothes dryer to im part softness to, or control static cling of, a load of was hable 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-Si ngle Use Dryer Product” includes treated nonwoven sheets which are typically pack aged in boxes with a multiple number
of sheets. “Fabric Softene r-Single Use Dryer Product” do es not include products applied to washable fabrics prior to plac ing the washable fabrics in the clothes dryer.

(56) “Facial Cleaner or Soap” means a cleaner or s oap designed primarily to clean the face. “Facial Cleaner or Soap” includes , but is not limited to , facial cleansing creams, semisolids, liquids, lotions, and substrate-impregnat ed forms. “Facial Cleaner or Soap” does not include prescription drug products, “Antimicrobial Hand or Body Cleaner or Soap,” “Astri ngent/Toner,” “General-use Hand or Body Cleaner or Soap,” “Medicated Astringent/M edicated Toner,” or “Rubbing Alcohol.”

(57) “Fat Wood” means pieces of wood kindl ing 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 to enhance flammability, such as wax-covered or wax-impr egnated wood-based products.

(58) “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.

(59) “Floor Coating” means an opaque c oating that is labeled and designed for application to flooring, including but not limited to, decks, porches, steps, and

other horizontal surfaces which ma y be subject to foot traffic.

(60) “Floor Maintenance Product” means any product designed or labeled to restore, maintain, or enhance a previously applie d floor finish. “Floor Maintenance Product” includes, but is not limited to, pr oducts that are labeled as Spray Buff products or Floor Maintainers or Restor ers. “Floor Maintenance Product” does not include floor polish products, products designed solely for the purpose of cleaning, products designed or labeled excl usively for use on marble floors, or coatings subject to architectural coatings regulations.Consumer Products Regulation (includes Sept. 2009 amendments) 32 (61) “Floor Polish or Wax” means a pr oduct designed or labeled to polish, wax, condition, protect, temporarily seal, or otherwise enhance floor surfaces by leaving a protective finish that is designed or labeled to be periodically replenished. “Floor Polish or Wax” does not include “Floor Maintenance Products,” “Floor Wax Stripper ,” or coatings subject to architectural coatings regulations.

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

(A) “Resilient Flooring Ma terial” means flexible floor ing material including but is not limited to, asphalt, cork, linol eum, no-wax, rubber, seamless vinyl, and vinyl composite flooring.

(B) “Nonresilient Flooring Material” means flooring of a mineral content which is not flexible. “Nonresilient Flooring material” includes but is not limited to terrazzo, marble, slate, gr anite, brick, stone, ceramic tile, and concrete.

(C) “Wood Floor Wax” means any wax-based products designed or labeled for use solely on wood floors. “Wood Fl oor Wax” does not include products

that make the claim to “cl ean and wax” or “c lean and polish.”

(62) “Floor Seam Sealer” means any pr oduct designed and labeled exclusively for bonding, fusing, or sealing (coating) seam s between adjoining rolls of installed flexible sheet flooring.

(63) “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.

(64) “Flying Bug Insecticide” means any in secticide product that is designed for use against flying insects or other flying arthr opods, including but not limited to flies, mosquitoes, moths, or gnats. “Flying B ug Insecticide” does not include “wasp and hornet insecticide,” pr oducts that are designed to be used exclusively on humans or animals, or any moth-proofi ng product. For the purposes of this definition only, “moth-proofing product” means a product whose label, packaging, or accompanying literature indicates t hat the product is designed to protect fabrics from damage by moths, but does not indicate that the product is suitable for use against flying insects or other flying arthropods.

(65) “Footwear or Leather Care Product” means any pr oduct 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 ofConsumer Products Regulation (includes Sept. 2009 amendments) 33 the footwear or leather article/component. Footwear includes both leather and non-leather foot apparel. “Footwear or Leather Care Product” does not include “Fabric Protectant,” “General Purpos e Adhesive,” “Contact Adhesive,” “Vinyl/Fabric/Leather/Polycarbonate Coat ing,” 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.

(66) “Fragrance” means a substance or comp lex mixture of aroma chemicals, natural essential oils, and other functional com ponents 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.

(67) “Furniture Maintenance Product” means a wax, polish, conditioner, or any other product labeled for the purpose of polis hing, protecting or enhancing finished

wood surfaces other than fl oors, and other furniture su rfaces including but not limited to acrylics, ceramic, plasti cs, stone surfaces, metal surfaces, and fiberglass. “Furniture Maintenance Product” does not include “Dusting Aid,” “Wood Cleaner,” and products des igned solely for the pur pose of cleaning, or products designed to leave a permanent fini sh such as stains, sanding sealers and lacquers.

(68) “Furniture Coating” means any paint designed for application to room furnishings including, but not limited to, cabinets (k itchen, bath and vanity), tables, chairs, beds, and sofas.

(69) “Gel” means a colloid in which the disperse phase has combined with the continuous phase to produce a semisolid material, such as jelly.

(70) “General Purpose Adhesive” means any non-aerosol adhesive designed for use on a variety of substrates. “General Purpose Adhesive” does not include (A) contact adhesives, (B) constructi on, panel, and floor covering adhesives, (C) adhesives designed exclusively for application on one specific category of substrates (i.e., substrates that are co mposed of similar materials, such as different types of metals, paper products, ce ramics, plastics, rubbers, or vinyls), or (D) adhesives designed exclusively for us e on one specific category of articles (i.e., articles that may be composed of di fferent materials but perform a specific function, such as gaskets, automotive trim, weather-stripping, or carpets).

(71) “General Purpose Cleaner” means a general purpose cleaning product labeled for use on a variety of hard surfaces, including small appliances. “General Purpose Cleaner” includes, but is not lim ited to, products designed or labeled for general floor cleaning, kitchen, counter top, or sink cleaning, and cleaners designed or labeled to be used on a variety of hard surfaces such as stovetops, cooktops, or microwaves.Consumer Products Regulation (includes Sept. 2009 amendments) 34 (72) “General Purpose Degreaser” means any product labeled to remove or dissolve grease, grime, oil and other oil-based contaminants from a variety of substrates, including automotive or miscellaneous metallic parts. “General Purpose Degreaser” does not include “Engine Degr easer,” “General Purpose Cleaner,” “Adhesive Remover,” “Electronic Cleaner ,” “Electrical Cleaner,” “Energized Electrical Cleaner,” “Metal Polish/Cleanser, ” products used exclusively in “solvent cleaning tanks or related equipment,” or pro ducts that are (A) sold exclusively to establishments which manufacture or construct goods or commodities; and (B)
labeled “not for retail sale.” “Solv ent cleaning tanks or related equipment” includes, but is not limited to, cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines, or pr oducts designed to clean miscellaneous metallic parts by immersion in a container.

(73) “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 s hampoo-body cleaners, shower or bath gels, and moisturizing 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 antim icrobial), “Heavy-duty Hand Cleaner or Soap,” “Medicated Astringent/Medicat ed Toner,” or “Rubbing Alcohol.”

(74) “Glass Cleaner” means a cleaning produc t designed or labeled primarily for cleaning surfaces made of glass. “Glass Cleaner” does not include products designed or labeled solely for the purpose of cleani ng optical materials used in eyeglasses, photographic equipment, scient ific equipment and photocopying

machines.

(75) “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.

(76) “Global Warming Potential Value” or “GWP Value” means the global warming potential value of a chemical or com pound as specified in the IPCC: 1995 Second Assessment Report (SAR), Table 2.14, in Climate Change 2007: The Physical Sciences Basis. Contributi on of Working Group I to the Fourth Assessment Report of the In tergovernmental Panel on Climate Change, which 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 (includes Sept. 2009 amendments) 35 (77) “Graffiti Remover” means a product label ed to remove spray paint, ink, marker, crayon, lipstick, nail polish, or shoe po lish, from a variety of non-cloth or
non-fabric substrates. “Graffiti Remove r” does not include “Paint Remover or Stripper,” “Nail Polish Remover,” or “S pot Remover.” Products labeled for dual use as both a paint stripper and graffiti remover are considered “Graffiti

Removers.”

(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 desi gned for the primary purpose of creating a shine when applied to the hair. “Hair Shine” incl udes, but is not limited to, dual-use products designed primarily to impar t a sheen to the hair. “Hair Shine” does not include “Hair Spray,” “Hair Mousse ,” “Hair Styling Product,” “Hair Styling Gel,” or products whose primary purpos e is to condition or hold the hair.

(80) “Hair Styling Gel” means a c onsumer product manufactured before December 31, 2006, that is a high visco sity, often gelatinous, product that contains a resin and is designed for the application to hair to aid in styling and sculpting of the hai r coiffure.

(81) “Hair Spray” means:

(A) for products manufactured before De cember 31, 2006: a consumer product designed primarily for t he purpose of dispensing droplets of a resin on and into a hair coiffure which will impart suff icient rigidity to the coiffure to

establish or retain the st yle for a period of time, and

(B) for products manufactured on or a fter December 31, 2006: a consumer product that is applied to styled hair, and is designed 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 sparkl e hairsprays that make finishing claims; and products that are both a styling and finishing product. “Hair Spray” does not include spray products that are in tended to aid in styling but do not provide finishing of a hairstyle.

For the purposes of this subchapter, “finis h” or “finishing” means the maintaining and/or holding of previously styl ed hair for a period of time.

For the purposes of this subchapter, “sty ling” means the forming, sculpting, or manipulating the hair to temporar ily alter the hair's shape.

(82) “Hair Styling Product” means a consumer product manufactured on or after December 31, 2006, that is designed or l abeled for the application to wet, dampConsumer Products Regulation (includes Sept. 2009 amendments) 36 or dry hair to aid in defining, shaping, li fting, 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, lo tion, paste, pomade, putty, root lifter, serum, spray gel, stick, temporary hair st raightener, 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 st yling claims. “Hair Styling Product” does not include “Hair Mousse,” “Hair Sh ine,” “Hair Spray,” or shampoos and/or

conditioners that are rinsed from the hair prior to styling.

For the purposes of this subchapter, “finis h” or “finishing” means the maintaining and/or holding of previously styl ed hair for a period of time. For the purposes of this subchapter, “sty ling” means the forming, sculpting, or manipulating the hair to temporar ily alter the hair's shape.

(83) “Heavy-Duty Hand Cleaner or Soap” means a product desi gned to clean or

remove difficult dirt and soils such as o il, grease, grime, tar, shellac, putty, printer’s ink, paint, graphi te, cement, carbon, asphalt, or adhesives from the hand

with or without the use of water. “Heavy-duty Hand Cl eaner or Soap” does not include prescription drug products, “Ant imicrobial Hand or Body Cleaner or Soap,” “Astringent/Toner,” “F acial Cleaner or Soap,” “G eneral-use Hand or Body Cleaner or Soap,” “Medicated Astringent/M edicated Toner” or “Rubbing Alcohol.”

(84) “Herbicide” means a pesticide produc t designed to kill or retard a plant’s growth, but excludes products that ar e: (A) for agricultural use, or (B) restricted materials that r equire a permit for use and possession.

(85) “High-Temper ature Coating” means a high performance coating labeled and formulated for application to substrates ex posed 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 surroundings.

(87) “Industrial Main tenance Coating” means a high performance architectural coating, including primers, sealers, undercoaters, intermediate coats, and topcoats formulated for application to subs trates, including floors, exposed to one or more of the following extreme env ironmental conditions listed below and labeled “For industrial use only;” “For pr ofessional 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 moisture condensation; or

(B) Acute or chronic exposure to corro sive, caustic or acidic agents, or toConsumer Products Regulation (includes Sept. 2009 amendments) 37 chemicals, chemical fumes, or chem ical mixtures or solutions; or

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

(D) Frequent heavy abrasion, includi ng mechanical wear and frequent scrubbing with industrial solvents, cl eansers, or scouring agents; or

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

(88) “Insect Repellent” means a pesticide pr oduct 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 exclud ing products that ar e: (A) for agricultural use, or (B) for a use which requires a structur al pest control license under Chapter 14 (commencing with Section 8500) of the Business and Professions Code, or (C) restricted materials that r equire a permit for use and possession.

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

(91) “Institutional Product” or “Industria l and Institutional (I &I) Product” means a consumer product that is designed for us e in the maintenance or operation of an establishment that: (A) m anufactures, transports, or sells goods or commodities, or provides services for profit; or (B ) is engaged in the nonprof it promotion of a particular public, educational, or charitable cause. “Establishments” include, but are not limited to, government agencies, factories, schools, hospitals, sanitariums, prisons, restaurants, hotel s, stores, automobile service and parts centers, health clubs, t heaters, or transportation co mpanies. “Institutional

Product” does not include house hold products and products that are incorporated into or used exclusively in the manufac ture 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, mo lded into, embossed on, or appearing upon any consumer product or consumer produc t package, for purposes of branding, identifying, or giving information with res pect 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 and that supplements and contributes to the effectiveness of laundry detergents and/or provides specialized performance.

(94) “Laundry Starch/Sizing/F abric Finish Product” means a product that is labeled for application to a fabric, eit her during or after laundering, to impart and prolong aConsumer Products Regulation (includes Sept. 2009 amendments) 38 crisp, fresh look and may also act to help ease ironing of the fabric. “Laundry Starch/Sizing/Fabric Finish Product” incl udes, but is not limited to, starch, sizing,

and fabric finish.

(95) “Lawn and Garden Insectic ide” means an insecticide pr oduct labeled primarily to be used in household lawn and garden areas to protect plants from insects or other arthropods. Notwithstanding the r equirements of sectio n 94512(a) aerosol “Lawn and Garden Insecticide” may claim to kill insects or other arthropods.

(96) “Liquid” means a substance or mixtur e of substances which is capable of a visually detectable flow as dete rmined 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 compos ed entirely of solid particles.

(97) “Lubricant” means a product that reduces friction, heat, noise, or wear between moving parts, or loosens rusted or immov able parts or mechanisms. “Lubricant” does not include automotive power steering fluids; products for use inside power generating motors, engines, and turbines, and their associated power-transfer gearboxes; two cycle oils or other pr oducts designed to be added to fuels; products for use on the human body or anima ls or products that are (1) sold exclusively to establishments which manufacture or construct goods or commodities, and (2) labeled “not for retail sale.”

(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 “com pounds” 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” wit h a boiling point greater than 216 o C, as determined by ARB Method 310; or

(D) is the weight percent of a c hemical “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 struct ure, and chemical “mixture” means a substance comprised of two or more chemical “compounds.”

(99) “Manufacturer” means any person w ho imports, manufactures, assembles,Consumer Products Regulation (includes Sept. 2009 amendments) 39 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 (FDA) which is applied to the skin for the purpose of cleaning or tightening pores. “Medicated Astringent/Medicated Toner” includes, but is not limited to, clarif iers and substrate-impregnated products. “Medicated Astringent/Medicated Toner” does not include hand, face, or body cleaner or soap products, “P ersonal Fragrance Product,” “Astringent/Toner,” cold cream, lotion, antiperspirants, or products that must be purchased with a doctor’s prescription.

(101) “Metal Polish/Cleanser” means any pr oduct designed primarily to improve the appearance of finished metal, metallic, or metallized surfaces by physical or chemical action. To “improve the appearance” means to remove or reduce stains, impurities, or oxi dation from surfaces or to make surfaces smooth and shiny. “Metal Polish/Cleanser” includes, but is not limited to, metal polishes used on brass, silver, chrome, copper, stainl ess steel and other ornamental metals.
“Metal Polish/Cleanser” does not include “Automotive Wa x, Polish, Sealant or Glaze,” Tire or Wheel Cleaner,” “Paint Remover or Stripper,” products designed and labeled exclusively for automotiv e and marine detailing, or products designed for use in degreasing tanks.

(102) “Mist Spray Adhesive” means any aer osol adhesive which is not a “Special Purpose Spray Adhesive” and which delivers a particle or mist spray, resulting in the formation of fine, discret e particles that yield a generally uniform and smooth application of adhesive 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, bu t is not limited to, products for use in commercial, fleet, hand, and “drive th rough” car washes; commercial truck washing or large vehicle washing stati ons; vehicle dealers and repair shops as well as products intended for household cons umer use. “Motor Vehicle Wash” does not include “Bug and Tar Remover,” “Glass Cleaner,” “Tire or Wheel Cleaner,” and products labeled for use ex clusively on locomotives or aircraft.

(104) “Multi-purpose Dry Lubricant” means any lubricant which is: (A) designed or labeled to provide lubricity solely by depositing a thin film of graphite, molybdenum disulfide (“moly”), or polytet rafluoroethylene or closely related fluoropolymer (“teflon”) on surfaces, and (B) designed or labeled for general purpose lubrication, or for use in a wide variety of applications.

(105) “Multi-purpose Lubricant” means any lubr icant designed or labeled for general purpose lubrication, or a lubricant labeled for use in a wide variety of applications. “Multi-pur pose Lubricant” does not in clude “Multi-purpose DryConsumer Products Regulation (includes Sept. 2009 amendments) 40 Lubricant,” “Penetrant,” or “Silicone-based Multi-Pu rpose Lubricant.”

(106) “Multi-purpose Solvent” means:

(A) for products manufactured before January 1, 2008: any organic liquid designed to be used for a variety of purposes, including cleaning or degreasing of a variety of substrates, or thinning, dispersing or dissolving other organic materials. “Mu lti-purpose Solvent” includes solvents used in institutional facilities, except fo r laboratory reagents used in analytical, educational, research, scientific or other laboratories. “Multi-purpose
Solvent” does not include solvents us ed 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 t he site of the establishment.

(B) for products manufactured on or a fter January 1, 2008: any liquid product designed or labeled to be used for di spersing, dissolving, or removing contaminants or other organic materi als. “Multi-purpose Solvent” also includes: 1. products that do not disp lay specific use instructions on the product container or packaging, 2. pr oducts that do not specify an end-use function or application on the product container or packaging, 3. solvents used in institutional facilities, ex cept for laboratory reagents used in analytical, educational, research, scientific or other laborator ies, 4. “Paint clean-up” products, and (5.) products labeled to prepare surfaces for painting. For the purposes of this def inition only, “Paint clean-up” means any liquid product labeled for cleaning oil- based or water-based paint, lacquer, varnish, or related coat ings from, but not limited to, painting equipment or tools, plastics, or meta ls. “Multi-purpose Solvent” does not include solvents used in cold cleaners, vapor degreasers, conveyorized degreasers or film cleaning machines, solvents labeled exclusively for the clean-up of application equipment used for polyas partic and polyurea coatings, 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. “Multi-purpose Solvent” also does not include any product making any representation that the product may be us ed as, or is suitable for use as a consumer product which qualifies under another definition in section 94508; such products are not Mu lti-purpose Solvents and are subject to the “Most Restrictive Limit” prov ision of section 94512.

(107) “Nail Polish” means any clear or colo red coating designed for application to the fingernails or toenails and including but not limited to, lacquers, enamels, acrylics, base coats and top coats.

(108) “Nail Polish Remover” means a pr oduct designed to remove nail polish and coatings from fingernails or toenails.Consumer Products Regulation (includes Sept. 2009 amendments) 41 (109) “Non-Carbon Containing Compound” means any compound which does not contain any carbon atoms.

(110) “Non-Selective Terrestrial Herbicide” m eans a terrestrial herbicide product that is toxic to plants without regard to species.

(111) “Odor Remover/Eliminat or” 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, encaps ulate, neutralize, convert or eliminate
malodor molecules. “Odor Remover/E liminator” does not include products designed or labeled for use in cleaning soils from hard su rfaces, laundering, softening, de-wrinkling or cl eaning fabrics, or dishwashi ng, or products that are defined as “Air Freshener,” “Bathroom and Tile Cleaner,” “Carpet/Upholstery Cleaner,” “Fabric Refresher ,” “General Purpose Clean er,” “Toilet/Urinal Care Product,” “Disinfectan t,” or “Sanitizer.”

(112) “Oven Cleaner” means any cleaning pr oduct designed or labeled to clean and to remove dried or baked on food deposits from oven walls.

(113) “Paint” means any pigmented liquid, liq uefiable, or mastic composition designed for application to a substrate in a thin layer which is converted to an opaque solid film after application and is used for protec tion, decoration or identification, or to serve some functional purpose such as the filling or conc ealing of surface irregularities or the modi fication of light and heat r adiation characteristics.

(114) “Paint Remover or Stripper” means any product designed to strip or remove paints or other related coatings, by c hemical action, from a substrate without markedly affecting the substrate. “Pai nt Remover or Stripper” does not include “Multi-purpose Solvent,” paint brush cl eaners, products desig ned and labeled exclusively as “Graffiti Remover,” and hand cleaner products that claim to remove paints and other related coatings from skin.

(115) “Paint Thinner” means any liquid pr oduct used for reducing the viscosity of coating compositions or co mponents, that prominently displays the term “Paint Thinner,” “Lacquer Thinner,” “Thinner,” or “Reducer” on the front panel of its packaging. “Paint Thinner” does not include any of the following products:

(A) “Artist’s Solvent/Thinner;”

(B) products that are sold in containe rs with a capacity of 5 gallons or more and labeled exclusively for the thinning of Industrial Maintenance Coatings, ZincRich Primers, or High Temperature Coatings;

(C) products labeled and used exclusively as an ingredient in a specific coating or coating brand line, w hereby the coating would not be complete or useable without the specific ingredient;Consumer Products Regulation (includes Sept. 2009 amendments) 42 (D) products that meet bot h of the following criteria:

(1) the Principle Display Panel of the pr oduct displays, 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 exclusiv ely for the thinni ng of Industrial Maintenance Coatings, Zinc-Rich Primers, or Hi gh Temperature Coatings, and

(2) no representation is made any where on the produc t container or packaging, or any label or sticker a ttached thereto, that the product is suitable for use or may be used for any other purpose except the thinning of Industrial Maintenance C oatings, Zinc-Rich Primers, or High Temperature Coatings.

(116) “Penetrant” means a lubricant designed or labeled primarily to loosen metal parts that have bonded together due to rusting, oxidation, or other causes. “Penetrant” does not include “Multi-purpose Lubricant ” that claim to have penetrating qualities, but are not labeled primarily to loosen bonded parts.

(117) “Person” shall have the same meani ng as defined in Health and Safety Code

Section 39047.

(118) “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, per fume, aftershave, toilet water, lotion, 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 alleviat e fungal or bacterial growth on feet or other areas of the body; (C) mouthwashes, breath fres heners 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 be applied to human genitalia areas, undergarments, and any paper products, napkins or other produc ts that are affixed to undergarments, such as sanitary pads; (F) soaps, shampoos, and products primarily used to clean the human body; and (G) fragrance products designed to be used exclusively on non-human animals.

(119) “Pesticide” means and includes any subs tance or mixture of substances labeled, designed, or intended for use in prevent ing, 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 subst ance, mixture of substances, or device
which the United States Environmental Protection Agency does not consider to be a pesticide.

(120) “Pressurized Gas Duster” means a pre ssurized product labeled to remove dustConsumer Products Regulation (includes Sept. 2009 amendments) 43 from a surface solely by means of mass ai r 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 Pu rpose Cleaner,” “Ele ctrical Cleaner,” “Electronic Cleaner,” “Ener gized Electrical Cleaner,” or “Anti-Static Product.” Pressurized Gas Duster does not include pr oducts 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 exists; or an open flame exists, as long as the “Pri ncipal Display Panel” clearly displays the statement: “Energiz ed Equipment use only.”

(121) “Principal Display Panel or Panels” means that part, or those parts of a label that are so designed as to most likely be disp layed, presented, s hown 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 such “principal display panels.”

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

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

(124) “Product Form,” for the purpose of co mplying 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 = Liquid
SS = Semisolid

O = Other

(125) “Propellant” means a liquef ied or compressed gas that is used in whole or in part, such as a cosolvent, to expel a liquid or any other material from the same self-pressurized container or from a separate container.

(126) “Pump Spray” means a packaging syst em 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.

(127) “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.Consumer Products Regulation (includes Sept. 2009 amendments) 44 (128) “Restricted Materials” means pesticides established as restricted materials under Title 3, California Code of Regulations, section 6400.

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

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

(131) “Rubber/Vinyl Protectant” means:

(A) for products manufactured bef ore 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/V inyl Protectant” does not include products primarily 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 vi nyl, or rubber on vehicles, tires, luggage, furniture, and/or household products such as vinyl covers, clothing, or accessories. “Rubber/Vinyl Protect ant” does not include: products labeled to clean the wheel rim, such as alum inum or magnesium w heel 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 constructi on, 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 either “Clear Coating” or “Vinyl/Fabric /Leather/Polycarbonate Coating” under section 94521(a).

(132) “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.

(133) “Sanitizer” means a product that is label ed as a “sanitizer,” or is labeled to reduce, but not necessarily eliminate, mi croorganisms in the ai r, on surfaces, or on inanimate objects, and w hose label is registered as a “sanitizer” under the Federal Insecticide, Fungicide, and Rodent icide Act (FIFRA; 7 U.S.C. section 136 et seq.). Products that are labeled as both a “sanitizer” and a “disinfectant”

are considered disinfectant s. “Sanitizer” does not in clude (A) “Disinfectant,” (B) products labeled solely for use on humans or animals, (C) products labeled solely for agricultural use, (D) products l abeled solely for use in swimming pools, therapeutic tubs, or hot t ubs, (E) products which are labeled to be used on heatConsumer Products Regulation (includes Sept. 2009 amendments) 45 sensitive critical or semi-critical medica l 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 food-contact surf aces and are not required to be rinsed prior to contact with food, or (H) produc ts which are labeled as “Bathroom and Tile Cleaner,” “Glass Cleaner,” “General Purpose Cleaner,” “Toilet/Urinal Care Product,” “Metal Polish,” “Car pet Cleaner,” or “Fabric Refresher” that may also make sanitizing or anti-micr obial claims on the label.

(134) “Sealant or Caulking Compound” m eans 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 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 C aulking 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 pur poses of this definition only:

“Removable caulking compounds” means a compound which temporarily seals

windows or doors for three to six month time intervals.

“Clear/paintable/water resistant c aulking compounds” means a compound which contains no appreciable level of opaque filler s or pigments; trans mits most or all visible light through the caulk when cur ed; is paintable; and is immediately resistant to precipit ation upon application.

“Sealant or Caulking Compound” is divided into two subcategories:

(A) “Chemically Curing Sealant or Caul king Compound” means any “Sealant or Caulking Compound” which achieves its final composition and physical form through a chemical curing process, wher e product ingredients participate in a chemical reaction in the presence of a catalyst that causes a change in chemical structure and leads to the release of chemical byproducts. “Chemically Curing Sealant or Caul king Compound” includes, but is not limited to, products that utilize s ilicone, polyurethane, silyl-terminated polyether, or silyl-terminated polyurethane reactive chemistries. “Chemically Curing Sealant or Caulking Compound” does not include products which are not solely dependent on a chemically curing process to achieve the cured

state.

(B) “Non-Chemically Curing Sealant or C aulking Compound” m eans any “Sealant or Caulking Compound” not defined under “Chemically Curing Sealant or Caulking Compound.”

(135) “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.Consumer Products Regulation (includes Sept. 2009 amendments) 46 (136) “Shaving Cream” means an aerosol pr oduct which dispenses a foam lather

intended to be used with a blade or cartri dge razor, or other wet-shaving system, in the removal of facial or other bodily hair. “Shaving Crea m” does not include “Shaving Gel.”

(137) “Shaving Gel” means an aerosol product which dispenses a post-foaming semi-solid designed to be used with a blad e, cartridge razor, or other shaving system in the removal of facial or ot her bodily hair. “Shaving Gel” does not include “Shaving Cream.”

(138) “Silicone-based Multi-purpose Lubric ant” means any lubricant which is:

(A) designed and labeled to provide lubric ity primarily through the use of silicone compounds including, but not limit ed to, polydimethylsiloxane, and

(B) designed and labeled for general purpos e lubrication, or for use in a wide variety of applications. “Silicone-based Multi-purpose Lubricant” does not include products designed and labeled exclusivel y to release manufactured products

from molds.

(139) “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.

(140) “Solid” means a substance or mixture of substances which, either whole or subdivided (such as the particles comprisi ng 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 Ma terial Is a Liquid or a Solid, which is incorporated by reference herein.

(141) “Special Purpose Spray Adhesive” means an aerosol adhesive that meets any of the following definitions:

(A) “Mounting Adhesive” means an aeros ol adhesive designed to permanently mount photographs, artwork, and any other drawn or printed media to a backing (paper, board, cloth, etc.) wit hout 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 organi c solvent, that is incorporated into a vinyl to increase its fl exibility, workability, or distensibility, and may be determined using ASTM Me thod E260-91 (Jan. 25, 1991) Standard Practice for Packed Column Gas Chromatography, which isConsumer Products Regulation (includes Sept. 2009 amendments) 47 incorporated by reference herein, or from product formulation data.

(C) “Polystyrene Foam Adhesive” means an aerosol adhesive designed to bond polystyrene foam (e.g. Styrofoam®, expanded pol ystyrene 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, polyp ropylene, etc.) to substrates.

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

1. the touch-up or repai r of items laminated with hi gh pressure laminates (e.g. lifted edges, delaminat ions, etc.), or for 2. the touch-up, repair, or attachme nt 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 exce eding 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 o F.

(142) “Spot Remover” means any product label ed to clean localized areas, or remove localized spots or stains on cloth or fabr ic such as drapes, carpets, upholstery, or clothing, that does not require subsequent laundering to achieve stain removal. “Spot Remover” does not include “Dry Cleaning Fluid,” “Laundry Prewash,” or aerosol products labeled so lely for gum removal.

(143) “Spray Buff Product” means a product des igned to restore a worn floor finish in conjunction with a floor bu ffing machine and special pad.

(144) “Table B Compound” means any ca rbon-containing compound listed as an exception to the definiti on of VOC in Section 94508.

(145) “Temporary Hair Color” means any pr oduct 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 labeledConsumer Products Regulation (includes Sept. 2009 amendments) 48 to add texture or thickness to cove r thinning/balding areas. “Temporary Hair Color” does not include “Hair Spra y,” “Hair Styling Product,” or “Hair

Mousse.”

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

(147) “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 not limited to, products for use in commercial, fleet, hand, and “drivethrough” car washes; commercial truck washing or large vehicle washing stations; vehicle dealers and repair s hops, as well as household consumer products. “Tire or Wheel Cleaner” does not include products labeled for use exclusively on locomotives or aircraft.

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

(149) “Toilet/Urinal Care Product” means any product 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, portable to ilets 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/U rinal Care Product”

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

(150) “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 c hamber within the product's packaging.

(151) “Type B Propellent” means any hal ocarbon which is used as a propellent including chlorofluorocarbons (CFCs), hy drochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs).

(152) “Type C Propellent” means any prope llent which is not a Type A or Type B propellent, including propane, isobutane, n-butane, and dimethyl ether (also known as dimethyl oxide).

(153) “Undercoating” means any aerosol pr oduct designed to impart a protective, nonpaint layer to the undercarriage, trunk interior , and/or firewall of motor vehicles to prevent the formation of ru st or to deaden sound. “Under coating” includes, but is not limited to, rubberized, ma stic, or asphaltic products.

(154) “Usage Directions” means the text or graphics on the product's principal display panel, label, or accompanying literature wh ich describes to the end user how and in what quantity the product is to be used.Consumer Products Regulation (includes Sept. 2009 amendments) 49 (155) “Volatile Organic Compound (VOC)” m eans any compound containing at least one atom of carbon, excludi ng carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, and excluding the following:

(A) methane, methylene chloride (dichloromethane), 1,1,1-trichloroethane (methyl chloroform),

trichlorofluor omethane (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-di chloroethane (HCFC-123), 1,1-dichloro-1-fluoroethane (HCFC-141b), 1-chloro-1,1-difluoroethane (HCFC-142b), 2-chloro-1,1,1,2-tetra fluoroethane (HCFC-124), trifluoromethane (HFC-23), 1,1,2,2-tetrafl uoroethane (HFC-134), 1,1,1,2-tetrafl uoroethane (HFC-134a), pentafluoroethane (HFC-125), 1,1,1-trifluor oethane (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, comp letely fluorinated ethers with no unsaturations; 3. cyclic, branched, or linear, complete ly fluorinated tertiary amines with no unsaturations; and 4. sulfur-containing perfluorocarbon s 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-chl oro-4-trifluoromethyl benzene), perchloroethylene (tetrachloroethylene).

(156) “VOC Content” means the total wei ght of VOC in a product expressed as aConsumer Products Regulation (includes Sept. 2009 amendments) 50 percentage of the product wei ght (exclusive of the container or packaging), as determined pursuant to sections 94515(a) and (b).

(157) “Wasp and 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 directed stre am or burst at t he intended insects, or their hiding place.

(158) “Waterproofer” means a product designed and labeled exclusively to repel water

from fabric or leather substrates. “Waterproofe r” does not include “Fabric

Protectant.”

(159) “Wax” means a material or synthetic thermoplastic substance generally of high molecular weight hydrocarbons or high mole cular weight esters of fatty acids or alcohols, except glycerol and high polymers (plastics). “Wax” includes, but is not limited to, substances derived from the se cretions of plants and animals such as carnuba wax and beeswax, substances of a mineral origin such as ozocerite and paraffin, and synthetic polymers such as polyethylene.

(160) “Web Spray Adhesive” means any aeros ol adhesive which is not a “Mist Spray Adhesive” or “Special Purpose Spray Adhesive.”

(161) “Windshield Water Repellent” means a product designed or labeled exclusively to repel water from motor vehi cle exterior automotive gla ss surfaces. “Windshield Water Repellent” does not include “Aut omotive Windshield Washer Fluid.”

(162) “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 Aid,” General Purpose Cleaner,” “Furniture Maintenance Product,” “Floor Wax Stripper,” “Floor Polish or Wax,” or products designed and labeled exclusively to preserve or color wood.

(163) “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 formulat ed for application to metal substrates to provide a firm bond between the substr ate and subsequent applications of coatings; and (C) coating is intended fo r professional use only and labeled “For Professional Use Only;” “F or Industrial Use Only;” “N ot for residential use;” or

“Not intended for residential use.”

NOTE: Authority cited: Sections 38501, 38510, 38560, 38560.5, 38562, 38580, 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.Consumer Products Regulation (includes Sept. 2009 amendments) 51 § 94509. Standards for Consumer Products.

(a) Except as provided in Secti ons 94510 (Exemptions), 94511 (Innovative Products), 94514 (Variances), 94540 thr ough 94555 (Alternative Control Plan), and 94567(a)(1) (Hairspray Credit Progra m), Title 17, California Code of Regulations, no person shall sell, supply, of fer 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 limit s 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 *:

Aerosol**

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

------------------ ------------------ ----------------- ---------- -------- Web Spray Adhesive**

------------------ ------------------ ----------------- ---------- -------- Special Purpose Spray Adhesive** Mounting, Automo tive Engine Compartment, and Flexible Vinyl Adhesive Polystyrene Foam and Automobile Headliner

Adhesive Polyolefin and Laminate Repair/Edgebanding

Adhesive

======================================== [**See 94509(i), 94512(d), and 94513(d) for additional requirements that apply to aerosol adhesive.]

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

======================================= [#See section 94509(k) for t he effective date of the VOC limit for certain types of “Construction, Panel, and Floor Covering Adhesiv e, and section 94509(p) for additional requirements t hat apply to Construction, Panel, and Floor Covering Adhesive.]

------------------ ------------------ ----------------- ----------------- Contact##

Contact Adhes ive – General Purpose

Contact Adhes ive – Special Purpose 1/1/95

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

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

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

1/1/2002

1/1/2002

1/1/2002

===========

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

12/31/2002

12/31/2008

==========

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

12/31/2006

12/31/2006 75

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

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

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

70

65

60

==========

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

15

7

==========

----------- ------- 80

55

80Consumer Products Regulation (includes Sept. 2009 amendments) 52 ======================================== [##See sections 94509(m) and 94512(d) for additional requirements that apply to Contact Adhesive.]

------------------ ------------------ ----------------- ---------- -------- General Purpose

======================================== *See section 94510(i) for an ex emption that applies to

adhesives sold in containers of one fluid ounce or

less. ===========

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

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

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

=========

Adhesive Remover*: Floor or Wall Covering Adhesive Remover

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

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

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

======================================= [*See sections 94509(n) and 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*:

Double Phase Aerosol [*See section 94509(t) for additional requirements that apply to Double Phase Aerosol Air Freshener.]

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

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

aerosol

------------------ ------------------ ----------------- ---------- -------- liquid/pump spray

------------------ ------------------ ----------------- ---------- -------- solid/semisolid

======================================== [*See sections 94510(f) and 94510(g)(2) for exemptions that apply to certain Air Fresheners, and 94509(o) for additional requirements that apply to Air Freshener.] 1/1/93

12/31/2004

12/31/2012

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

1/1/96

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

1/1/94

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

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

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

25

20

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

30

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

60

----------- ------- 18

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

==========

Anti-static Product:

aerosol

------------------ ------------------ ----------------- ---------- -------- non-aerosol 12/31/2008

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

----------- ------- 11 Astringent/Toner (Non-FDA regulated) 12/31/2010 35 Automotive Rubbing or Polishing Compound 1/1/2005 17Consumer Products Regulation (includes Sept. 2009 amendments) 53 Automotive Wax/Po lish/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 *

------------------ ------------------ ----------------- ---------- -------- All other areas**

======================================== **See section 94508(a)(19) , section 94508(a)(20), and section 94509(l) for provisions that apply to

Automotive Windshield Washer Fluid.

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

* Type “A” areas include only the following: Del Norte, Shasta and Trinity Counties; the Great Basin Valley, Lake Tahoe, M ountain Counties, and Northeast Plateau Air Basins, as defined in Title 17, California Code of Regul ations, Sections 60105, 60108, 60111, and 60113. 1/1/93

12/31/2008

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

12/31/2002

===========

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

25

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

1

==========

==========

Bathroom and Tile Cleaner*:

aerosol

------------------ ------------------ ----------------- ---------- -------- all other forms

------------------ ------------------ ----------------- ---------- -------- non-aerosol

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

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

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

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

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

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

=========

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 t he effective date of the VOC limit for Carburetor or Fuel-injection Air Intake

Cleaner. 1/1/95

12/31/2002

12/31/2008

12/31/2010

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

45

20

10

==========Consumer Products Regulation (includes Sept. 2009 amendments) 54 Carpet /Upholstery Cleaner*:

aerosol

------------------ ------------------ ----------------- ---------- -------- non-aerosol (dilutable)

------------------ ------------------ ----------------- ---------- -------- non-aerosol (ready-to-use)

======================================== [*See section 94509(q) 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

------------------ ------------------ ----------------- ---------- -------- non-aerosol 12/31/2008

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

12/31/2008 70

----------- ------- 1 Dusting Aid:

aerosol

------------------ ------------------ ----------------- ---------- -------- non-aerosol 1/1/95

1/1/97

12/31/2010

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

12/31/2010 35

25

17

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

3

Electrical Cleaner*

======================================== [*See sections 94509(n) and 94512(d) for additional requirements that apply to Electrical Cleaner.] 12/31/2006

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

==========

Electronic Cleaner*

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

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

==========

Engine Degreaser:

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

------------------ ------------------ ----------------- ---------- -------- non-aerosol 1/1/93

1/1/96

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

12/31/2010

----------- --------- 12/31/2004 75

50

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

10

----------- ------- 5Consumer Products Regulation (includes Sept. 2009 amendments) 55 Fabric Protectant*

aerosol

------------------ ------------------ ----------------- ---------- -------- non-aerosol

======================================== [*See section 94509(q) 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

------------------ ------------------ ----------------- ---------- -------- non-aerosol 12/31/2006

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

----------- ------- 6 Fabric Softener – Single Us e Dryer Product See Section 94509(s)

Floor Maintenance Product 12/31/2010 1

Floor Polish or Wax: 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:

non-aerosol See Section 94509(j)

Footwear or Leather Care Product*:

aerosol

------------------ ------------------ ----------------- ---------- -------- solid

------------------ ------------------ ----------------- ---------- -------- all other forms

======================================= [*See section 94509(m) 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:

aerosol

------------------ ------------------ ----------------- ---------- -------- all other forms (except solid/paste forms)

------------------ ------------------ ----------------- ---------- -------- non-aerosol (except solid/paste forms) 1/1/94

12/31/2004

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

----------- --------- 12/31/2008 25

17

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

----------------- 3Consumer Products Regulation (includes Sept. 2009 amendments) 56 General Purpose Cleaner*:

aerosol and non-aerosol

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

------------------ ------------------ ----------------- ---------- -------- non-aerosol

======================================== [*See section 94509(p) for additional requirements that apply to General Purpose Cleaner.] 1/1/94

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

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

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

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

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

==========

General Purpose Degreaser*:

aerosol

------------------ ------------------ ----------------- ---------- -------- non-aerosol

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

12/31/2008

12/31/2010

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

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

20

10

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

==========

Glass Cleaner:

aerosol

------------------ ------------------ ----------------- ---------- -------- non-aerosol 1/1/93

12/31/2012

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

1/1/96

12/31/2004 12

10

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

6

4

Graffiti Remover*:

aerosol

------------------ ------------------ ----------------- ----------------- non-aerosol

======================================= [*See section 94509(n) 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 1/1/2005 8 Insect Repellent:

aerosol 1/1/94 65Consumer Products Regulation (includes Sept. 2009 amendments) 57 Insecticide*: Crawling Bug Insecticide (all forms):

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

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

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

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

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

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

------------------ ------------------ ----------------- ---------- -------- non-aerosol

------------------ ------------------ ----------------- ---------- -------- Wasp and Hornet Insecticide

======================================== *See sections 94510(g)(1) and 94510(k) for exemptions that apply to certain insecticides. 1/1/95

1/1/98

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

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

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

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

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

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

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

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

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

20

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

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

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

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

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

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

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

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

==========

Laundry Prewash:
aerosol/solid

------------------ ------------------ ----------------- ---------- -------- all other forms 1/1/94

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

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

12/31/2008 5

4.5

Metal Polish/Cleanser 1/1/2005 30

Motor Vehicle Wash

non-aerosol 12/31/10 0.2 Multi-purpose Lubricant: (excluding solid or semisolid products)

======================================== [*See sections 94509(q) and 94513(f) for additional requirements that apply to Multi-purpose Lubricant] 1/1/2003

12/31/2013

12/31/2015

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

25

10

==========

Multi-purpose Solvent*

======================================== [*See sections 94509(u), 94512(e), and 94513(g) for additional requirements that apply to Multi-purpose Solvent.] 12/31/2010

12/31/2013

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

3

==========Consumer Products Regulation (includes Sept. 2009 amendments) 58 Nail Polish Remover 1/1/94

1/1/96

12/31/2004

12/31/2007 85

75

0

1

Non-selective Terrestrial Herbicide:

non-aerosol 1/1/2002 3

Odor Remover/Eliminator

aerosol

----------------- ------------------ ----------------- ---------- -------- non-aerosol 12/31/2010

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

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

Oven Cleaner*: aerosol/pump spray

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

------------------ ------------------ ----------------- ---------- -------- non-aerosol (including pump spray and liquid)

======================================= [*See section 94509(p) for additional requirements that apply to Oven Cleaner.] 1/1/93

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

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

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

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

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

==========

Paint Remover or Stripper 1/1/2005 50

Paint Thinner*

======================================== [*See sections 94509(u), 94510(m), 94512(e), and 94513(g) for additional requirements that apply to Paint Thinner.] 12/31/2010

12/31/2013

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

3

==========

Penetrant*

======================================== [*See section 94509(q) and 94513(f) for additional requirements that apply to Penetrant] 1/1/2003

12/31/2013

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

25

==========

Personal Fragrance Product*: products with 20% or less fragrance

------------------ ------------------ ----------------- ---------- -------- products with more than 20% fragrance

======================================== *See sections 94510(h), 94510(j), and 94510(l) for exemptions and requirements that apply to Personal Fragrance Product. 1/1/95

1/1/99

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

1/1/99

=========== 80

75

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

65

==========

Pressurized Gas Duster*

======================================== [*See section 94509(r) and 94510(c) for additional provisions that apply to Pressurized Gas Duster] 12/31/2010

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

==========Consumer Products Regulation (includes Sept. 2009 amendments) 59 Rubber /Vinyl Protectant:

aerosol

------------------ ------------------ ----------------- ---------- -------- non-aerosol 1/1/2005

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

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

Sanitizer:

aerosol

------------------ ------------------ ----------------- ---------- -------- non-aerosol 12/31/2008

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

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

Sealant or Caulking Compound*

all forms

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

non-aerosol

------------------ ------------------ ----------------- ---------- -------- Non-chemically Curing

non-aerosol

======================================== [*See sections 94509(q) and 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 Silicone-based Multi-purpose Lubricant: (excluding solid or semisolid products) 1/1/2005 60

Spot Remover*:

aerosol

------------------ ------------------ ----------------- ---------- -------- non-aerosol

======================================== [*See section 94509(q) for additional requirements that apply to Spot Remover] 1/1/2001

12/31/2010

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

12/31/2010

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

15

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

3

==========

Temporary Hair Color:

aerosol 12/31/2010 55

Tire or Wheel Cleaner

aerosol

------------------ ------------------ ----------------- ---------- -------- non-aerosol 12/31/2010

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

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

Tire Sealant and Inflator 12/31/2002 20Consumer Products Regulation (includes Sept. 2009 amendments) 60 Toilet/Urinal Care Product:*

aerosol

------------------ ------------------ ----------------- ---------- -------- non-aerosol

======================================== [*See section 94509(o) for additional requirements that apply to Toilet/Urinal Care Product] 12/31/2006

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

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

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

==========

Undercoating:

aerosol 1/1/2002 40 Windshield Water Repellent 12/31/2010 75

Wood Cleaner:

aerosol

------------------ ------------------ ----------------- ---------- -------- non-aerosol 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 “sell-through” allowed for products manufactured prior to the

effective date of standards.

2 See section 94510(c) for an exem ption 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 (Dilutabl e),” for consumer products for which the label, packaging, or accompanying liter ature specifically states that the product shoul d be diluted with water or non-VOC solvent prior to use, the limits specified in subsection (a ) shall apply to the product only after the minimum recommended dilution has taken place. For purposes of this subsection (b), “minimum recommended dilution” s hall 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 shoul d be diluted with any VOC solvent prior to use, the limits specified in subsection (a) shall ap ply to the product onl y after the maximum recommended dilution has taken place.

(3) For “Automotive Windshield Washer Flui d (Dilutable)” for which the front panel of the product label specifically states that the product should be diluted (e.g. identified as a “concentrate”) prior to use;

(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 t he VOC limits specifi ed in section 94509(a), different dilution instructions for “Ty pe A areas” and other areas of California may be specified on the product label if the dilution instructions meet theConsumer Products Regulation (includes Sept. 2009 amendments) 61 following criteria:

1. The instructions are readily visible, and

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

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

If the dilution instructions spec ified 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 offer ed for sale.

(4) For products sold in pump spray contai ners, the VOC limits sp ecified 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 provisi ons of Section 94509(a) or 94509(j), a consumer product manufactured pr ior 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 afte r each of the specified 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 m anufacturer 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 94512(c)(1) or section 94512(c)(2), or

(C) Solid “Air Fresheners” and “Toilet/Uri nal Care Product” that contain paradichlorobenzene; these products are s ubject to the one-year sell-through period specified in se ction 94509(o).

(D) Products contained in multi-uni t packages, as specified below:

1. Subsection (c)(1) does not apply to any individual consumer products unit contained within a multi-unit package t hat is produced or assembled after January 1, 2006, where the multi-unit pa ckage does not display the date(s) or date-code(s) of the individual pr oduct units, or display the date of assembly, such that the displayed in formation is not readily observableConsumer Products Regulation (includes Sept. 2009 amendments) 62 without irreversibly disassembling any por tion of the container or packaging.

2. For the purposes of this section, “ date of assembly” mean s the date that the individual product units are assembled in to the finished mu lti-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 manuf acture” for all of the product units

contained within the multi-uni t package. In other wo rds, all of the product

units shall be deemed to have been m anufactured on the date these units are assembled into the multi-unit pack age, 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 subj ect 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 follo wing conditions are met:

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

(B) the sell-through period for the product will expire 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 VO C 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 Act, (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 register ed under FIFRA, the three year period provided in subsection (c) shall also begin one year after the date specified in the Table of Standards.

(e) Products containing oz one-depleting compounds. For any consumer product for
which VOC standards are s pecified 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-trichlo ro-2,2,2-trifluoroethane),Consumer Products Regulation (includes Sept. 2009 amendments) 63 CFC-114 (1-chloro-1,1-difluor o-2-chloro-2,2-difluoroethane), CFC-115 (chloropentafluoroethane), hal on 1211 (bromochlorodifluoromethane), halon 1301 (bromotrifluoromethane), halon 2402 (dibromotetr afluoroethane), HCFC-22 (chlorodifluoromethane), HCFC-123 (2,2-dichlor o-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 requirement s 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 reformu lated to meet the Table of Standards, provided the ozone depleting compound content of the reformulated product does not

increase.

(g) The requirements of se ction 94509 (e) shall not apply to any ozone depleting compounds that may be pres ent 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 ligh ter 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 unl ess at the time of the transaction:

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

2. the charcoal lighter material m eets the formulation criteria and other conditions specified in the applicab le Executive Order issued pursuant to subsection (h)(2).

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 Qualit y Management District, the regulatory standards specified in subsection (h )(1)(A) shall be applicable upon the

effective date of this subsection.

(2) Certification RequirementsConsumer Products Regulation (includes Sept. 2009 amendments) 64 (A) No charcoal lighter materi al formulation shall be certified under this subsection unless the applicant for ce rtification demonstrates to the
Executive Officer's satisfaction that the VOC emissions from the ignition of charcoal with the charcoal lighter ma terial are less than or equal to 0.020 pound of VOC per start, using the proc edures specified in the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol, dated Febr uary 27, 1991 (the “SCAQMD Rule 1174 Testing 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 al ternative 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 char coal lighter material may apply to the
Executive Officer for certification of a charcoal lighter 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 conduct ed 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, l abel, and any accompany ing literature. The provided material shall clearly show the usage directions for the product. These directions shall accurate ly reflect the quantity of charcoal lighter material per pound of charc oal 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 t he amount of charcoal used, such as certain paraffin cubes, or

ii) the charcoal lighter materi al 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 crit eria specified in subsection (h)(2)(C)(2.)(i), the us age instructions provided to the Executive Officer shall accurately refl ect 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 fo r use in determining when a productConsumer Products Regulation (includes Sept. 2009 amendments) 65 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 applic ation, the Executive Officer shall advise the applicant in writing either that it is complete or that specif ied additional information is required to make it comp lete. Within 30 days of receipt of additional information, the Executive Officer shall advise the applicant in writing either that the application is complete, or that specif ied additional information or testing is still requi red before it can be deemed complete.

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

this subsection (h)(2), then he or she sha ll issue an Executive Order certifying the charcoal lighter mate rial formulation and specifying such conditions as are necessary to insu re that the requi rements of this subsection (h) are met. The Executive Officer shall act on a complete application within 90 days after th e application is deemed complete.

(3) Notice of Modifications

For any charcoal lighter material fo r which certification has been granted pursuant to subsection (h)(2 ), the applicant for certif ication shall notify the Executive Officer in writing within 30 days of: (i) any change in the usage directions, or (ii) any change in product fo rmulation, test results, or any other information submitted pursuant to subsec tion (h)(2) which may result in VOC emissions greater than 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 VOC per st art, as determined by the SCAQMD Rule 1174 Testing Protocol and the st atistical analysis procedures contained therein, the Executive Officer shall revoke or modify the ce rtification as is necessary to assure that the charcoal lighter material will 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 prio r certification without first affording the applicant for the certificat ion an opportunity for a hearing in accordance with the procedures specified in Title 17, Califo rnia Code of Regulations, Division 3, Chapter 1, Subchapter 1, Article 4 (commenci ng with section 60040), to

determine if the certification should be modified or revoked.

(5) Notwithstanding any other provision of this subsec tion 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 District. Charcoal lighter material productsConsumer Products Regulation (includes Sept. 2009 amendments) 66 subject to SCAQMD Rule 1174 and sold, s upplied, or offered for sale in the South Coast Air Quality Management Distr ict shall meet the requirements of section 94509(h) upon the effective date of this subsection, regardless 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. Exc ept as otherwise provided in sections 94509(c), 94510, 94511, and 94514, no person sha ll 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, cont ains 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 subs trate or applicati on not listed in one of the definitions for “Special Purpos e Spray Adhesive,” then the product

shall be classified as either a “Web Spray Adhesive” or a “Mist Spray

Adhesive.”

(B) If a product meet s more than one of the definit ions specified in section 94508(a) for “Special Purpose Spray Adhesive,” and is not classified as a “Web Spray Adhesive” 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).

(3) Effective 1/1/2002, no pers on shall sell, supply, offer for sale, or
manufacture for use in California any aerosol adhesive which contains any of the following compounds: methylene chloride, perchloroethylene, or trichloroethylene, except that an aeros ol adhesive manufactured before 1/1/2002 may be sold, supplied, or offe red for sale until 1/1/2005, so long as the product complies with product dating requirements in section 94512(b)

.

(4) 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 wit h the special reporting requirements specified in section 94513(d).

(j) Requirements for Floor Wax Strippers. After an effective date of January 1, 2002, no person shall sell, supply, offer for sale, or manufacture for use in California any floor wax stripper unless the fo llowing requirementsConsumer Products Regulation (includes Sept. 2009 amendments) 67 are met:

(1) The label of each non-aerosol floor wax stripper must specify a dilution ratio for light or medium build-up of polis h that results in an as-used VOC concentration of 3 percent by weight or less.

(2) If a non-aerosol floor wax stripper is also intended to be used for removal of heavy build-up of polish, the l abel of that floor wax stri pper must specify a dilution ratio for heavy build-up of polish that re sults 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 “C arburetor or Fuel-injection Air Intake Cleaners” and “Construction, Panel, and Floor Covering Adhesives” were modified as part of the “Mi d-term Measures II” rule making action that was considered by the Board in October 1999. As a result of these modifications, certain types of consumer products were included in these definitions that had not previously been included. For those cons umer products that were included in

these definitions for the fi rst 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 lega lly effective until December 31, 2002.

(l) Automotive Windshield Washer Fluids. The provisions of subsection 94509(b)(1) shall not apply to “Automotive Windshiel d Washer Fluid (Pre-Mixed)” as defined in section 94508(a).

(m) Requirements for Contact Adhesives, El ectronic Cleaners, Footwear or Leather Care Products, and General Purpose Degreasers.

(1) Except as provided below in sections 94509(m)(2) and (m)(4), effective December 31, 2005, no person shall se ll, supply, offer for sale, or manufacture for use in California any Contact Adhesive, Electronic Cleaner,

Footwear or Leather Care Product

, or General Purpose Degreaser that contains any of t he following compounds: methylene chloride, perchloroethylene, or trichloroethylene.

(2) Sell-through of Products . Contact Adhesives, Electronic Cleaners, Footwear or Leather Care Products, and General Purpose Degr easers that contain methylene chloride, perchloroethyl ene, or trichloroethylene and were manufactured before December 31, 2005, may be sold, supplied, or offered for sale until December 31, 2008, so long as the product complies with product dating requirement s in section 94512(b)

.Consumer Products Regulation (includes Sept. 2009 amendments) 68 (3) Notification for products sold during the sell-through period. Any person who sells or supplies a consumer product identified above in section 94509(m)(1) must notify the purchaser of the product in writing th at the sell-through period for that product will end on December 31, 2008, provided, however, that this notification must be given only if bot h of the following conditions are met:

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

(B) the product is sold or supplied on or after June 30, 2008.

(4) Impurities . The requirements of section 94509(m)(1) and (m)(3) shall not apply to any Contact Adhesive, Electroni c Cleaner, Footwear or Leather Care Product, or General Purpose Degreaser containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than 0.01% by weight.

(n) Requirements for Adhesive Removers, Electrical Cleaners, and Graffiti

Removers.

(1) Except as provided below in se ctions 94509(n)(2) and (n)(4), effective December 31, 2006, no person shall se ll, supply, offer for sale, or manufacture for use in California any Adhesive Remover, Electrical Cleaner,

or Graffiti Remover that contai ns any of the following compounds: methylene chloride, perchloroethy lene, or trichloroethylene.

(2) Sell-through of Products . Adhesive Removers, Electrical Cleaners, and

Graffiti Removers that contain meth ylene chloride, perchloroethylene, or trichloroethylene and were manufactured before December 31, 2006, may be sold, supplied, or offered for sale unt il December 31, 2009, so long as the product complies with product dating requirements 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(n)(1) must notify the purchaser of the product in writing that the sell-through period for that product will end on December 31, 2009, provided, however, that this notification must be given only if bot h of the following conditions are met:

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

(B) the product is sold or supplied on or after June 30, 2009.

(4) Impurities . The requirements of section 94509( n)(1) and (n)(3) shall not apply to any Adhesive Remover, Electrical Cl eaner, or Graffiti Remover containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than 0.01% by weight.Consumer Products Regulation (includes Sept. 2009 amendments) 69 (o) Requirements for Solid Air Fresheners and Toilet/Urinal Care Products.

(1) Effective December 31, 2005, no person shall sell, supply, offer for sale, or manufacture for use in California any Solid Air Fresheners or Toilet/Urinal Care Products that contain para-dich lorobenzene, except those Solid AirFresheners and Toilet/Urinal Care Products that contain paradichlorobenzene and were manufactured before December 31, 2005 may be sold, supplied, or offered for sale unt il December 31, 2006, so long as the product container or package displa ys the date on which the product was manufactured, or a code indicating such date.

(2) Notification for products sold during the sell- through period. Any person who sells or supplies any Solid Air Freshener or Toilet/Urinal Care Product that contains para-dichlorobenzene must notif y the purchaser of the product in writing that the sell-th rough period for the product will end on December 31, 2006, provided, however, that this notificat ion must be given only if both of the following conditions are met:

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

(B) the product is sold or supplied on or after June 30, 2006.

(p) Requirements for Bathroom and Tile Cle aners, Construction, Panel, and Floor Covering Adhesives, electronic cleaners labeled as energized electronic equipment use only, General Purpos e Cleaners, and Oven Cleaners.

(1) Except as provided below in se ctions 94509(p)(2) and (p)(4), effective December 31, 2008, no person shall se ll, supply, offer for sale, or
manufacture for use in Californi a any Bathroom and Tile Cleaner, Construction, Panel, and Floor Covering Adhesive, electronic cleaners labeled as energized electronic equi pment use only, General Purpose Cleaner, or Oven Cleaner that contai ns any of the following compounds: methylene chloride, perchloroethy lene, or trichloroethylene.

(2) Sell-through of Products. Bathroom and Tile Cleaners, Construction, Panel, and Floor Covering Adhesives, electr onic cleaners labeled as energized electronic equipment use only, G eneral Purpose Cleaners, and Oven Cleaners that contain methylene ch loride, perchloroethylene, or trichloroethylene and were manufactured before December 31, 2008, may be sold, supplied, or offered for sale unt il December 31, 2011, so long as the product complies with the product dating r equirements 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)(1) must notify the purchaser of the product in writing that the sell-through periodConsumer Products Regulation (includes Sept. 2009 amendments) 70 for that product will end on December 31, 2011, provided, however, that this notification must be given only if bot h of the following conditions are met:

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

(B) the product is sold or supplied on or after June 30, 2011.

(4) Impurities . The requirements of section 945 09(p)(1) and (p)(3) shall not apply to any Bathroom and Tile Cleaner, Construction, Panel, and Floor Covering Adhesive, electronic cleaner labeled as energized electronic equipment use only, General Purpose Cleaner, or Oven Cleaner containing methylene chloride, perchloroethylene, or trichlor oethylene that is pr esent as an impurity in a combined amount equal to or less than 0.01% by weight.

(q) Requirements for Carpet/Upholstery Clea ner, Fabric Protectant, Multi-Purpose Lubricant, Penetrant, Sealant or Caulking Compound, and Spot Remover.

(1) Except as provided below in sections 94509(q)(2), (q)(4), and (q)(5), effective December 31, 2010, no person shall se ll, supply, offer for sale, or
manufacture for use in California any Carpet/Upholstery Cleaner, Fabric Protectant, Multi-Purpose Lubricant, Penetrant, Sealant or Caulking Compound, or Spot Remover that cont ains any of the following compounds: methylene chloride, perchloroethy lene, or trichloroethylene.

(2) Sell-through of Products. Carpet/Upholstery Cleaner s, Fabric Protectants, Multi-Purpose Lubricants, Penetrants, Sealant or Caulking Compound and Spot Removers that contain methyl ene chloride, perchloroethylene, or trichloroethylene and were manufactured before December 31, 2010, may be sold, supplied, or offered for sale unt il December 31, 2013, so long as the product complies with the product dating requirements 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(q)(1) must notify the purchaser of the product in writing that the sell-through period for that product will end on December 31, 2013, provided, however, that this notification must be given only if bot h of the following conditions are met:

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

(B) the product is sold or supplied on or after June 30, 2013.

(4) Impurities. The requirements of section 945 09(q)(1) and (q)(3) shall not apply to any Carpet/Upholstery Cleaner, Fabric Protectant, Multi-Purpose Lubricant, Penetrant, Sealant or Caulking Com pound, or Spot Remover containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than 0.01% by weight.Consumer Products Regulation (includes Sept. 2009 amendments) 71 (5) The requirements of this section 94509(q) 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 disp lays the statement: “Non-flammable: For use on energized equipment only.”

(r) Requirements for Pressurized Gas Duster.

(1) Except as provided below in se ctions 94509(r)(2) and (r)(3), effective December 31, 2010, no person shall se ll, supply, offer for sale, or manufacture for use in California any Pressurized Gas Duster product that contains methylene chloride, perchlor oethylene, or any chemical compound that has a Global Warming Potential (GWP) Value of 150 or greater.

(2) Sell-through of Products. Pressurized Gas Duster products that contain any chemical compound that has a GWP Value greater than 150, and were manufactured before December 31, 2010, may be sold, supplied, or offered for sale until December 31, 2011, so long as the product complies with the product dating requirements in section 94512(b).

(3) Notification for products sold during the sell-through period. Any person who sells or supplies a Pressurized Gas Duster identified above in section 94509(r)(2) must notify the purchaser of t he product, in writi ng, that the sellthrough period for that product will end on December 31, 2011, provided, however, that this notification must be given only if bot h 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 suppl ied on or after June 30, 2011.

(4) The provisions relating to fragrance in section 94510(c) shall not apply to any Pressurized Gas Duster subject to t he requirements of this subsection 94509(r).

(5) Impurities. The requirements of section 94509 (r)(1), (r)(2), and (r)(3) shall not apply to any chemical compound that is present as an impurity in a combined amount equal to or less than 0.1% by weight.

(s) 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 equi valent delivery substrate, based on the minimum recommended use for a single drying cycle specified on the productConsumer Products Regulation (includes Sept. 2009 amendments) 72 packaging or label. In other words, if one sheet is the minimum recommended use for a single drying cycle, then the VO C limit applies per sheet. If two sheets

are the minimum recommended use for a si ngle drying cycle, then the VOC limit applies to the aggregate VOC content in two sheets. For purposes of this subsection, “minimum recommended use” s hall not include recommendations for incidental use of additional sheets, or equi valent 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 s ubject to the requirements of this subsection 94509(s)(1).

(t) Requirements for Double Phase Aerosol Air Freshener.

(1) Except as provided below in sect ions 94509(t)(2) and (t)(4), effective December 31, 2012, no person shall se ll, supply, offer for sale, or manufacture for use in California any Double Phase Aerosol Air Freshener that contains any chemical compound that has a Global Warming Potential (GWP) Value of 150 or greater.

(2) Sell-through of Products. Double Phase Aerosol Air Fresheners that contain any chemical compound that has a GW P Value of 150 or greater, and were manufactured before December 31, 2012, may be sold, supplied, or offered for sale until December 31, 2015, so long as the product complies with the product dating requirements in section 94512(b).

(3) Notification for products sold during the sell-through period. Any person who sells or supplies a Double Phase Ae rosol Air Freshener identified above in section 94509(t)(2) must notif y the purchaser of the pr oduct, in writing, that the sell-through period fo r that product will end on December 31, 2015, provided, however, that this notificat ion 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 suppl ied on or after June 30, 2015.

(4) Impurities. The requirements of section 94509(t )(1), (t)(2), and (t)(3) shall not apply to any chemical compound that is present as an impurity in a combined amount equal to or less than 0.1% by weight.

(u) Requirements for Multi-purpose Solvent and Paint Thinner.

(1) Except as provided below in sect ions 94509(u)(2) and (u)(4), effective December 31, 2010, no person shall se ll, supply, offer for sale, orConsumer Products Regulation (includes Sept. 2009 amendments) 73 manufacture for use in California any Multi-purpose Solvent or Paint Thinner that contains any of the following:

(A) chemical compounds that have a Global Warming Potential (GWP) Value of 150 or greater;

(B) methylene chloride, perchloroet hylene, or trichloroethylene;

(C) greater than 1% Aromatic Compound content by weight.

(2) Sell-through of Products. Multi-purpose Solvents and Paint Thinners that contain any chemical compound that has a GWP Value of 150 or greater; methylene chloride, perchloroethylene, or trichloroethylene; or greater than 1% Aromatic Compound content by weight; and were manufactured before December 31, 2010, may be sold, supplied, or offered for sale until December 31, 2013, so long as the product complies with the product dating requirements in section 94512(b).

(3) Notification for products sold during the sell-through period. Any person who sells or supplies a consumer product i dentified above in section 94509(u)(2) must notify the purchaser of the product in writing that the sell-through period for that product will end on December 31, 2013, provided, however, this notification must be given only if bot h 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.

(4) Impurities. The requirements of se ction 94509(u)(1), (u)(2) and (u)(3) shall not apply to any Multi-purpose Solvent, or Pain t Thinner that contains any of the following:

(A) chemical compounds that have a Global Warming Potential (GWP) Value of 150 or greater and are present as impurities in a combined amount equal to or less than 0.1% by weight;

(B) methylene chloride, perchloroethyl ene, or trichloroethylene that is present as an impurity in a combi ned amount equal to or less than 0.01% by weight.

NOTE: Authority cited: Sections 38500, 38501, 38510, 38560, 38560.5, 38562, 38580, 39600, 39601, 39650, 39658, 396 59, 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.Consumer Products Regulation (includes Sept. 2009 amendments) 74 (a) This article shall not apply to any c onsumer 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 Ca lifornia a consumer product that does not comply with the VOC standar ds specified in Section 94509, as long as the

manufacturer or distributor can demonstr ate both that the c onsumer product is intended for shipment and use ou tside of California, and that the manufacturer or

distributor has taken reasonab le prudent precautions to a ssure that the consumer product is not distributed to California. This subsection (b) does not apply to consumer products that are sold, supplied, or offered for sale by any person to retail
outlets in California.

(c) Except for Fabric Softener – Single Us e Dryer Product and Pre ssurized Gas Duster, the VOC limits specified in Section 94509(a) shall not apply to fragrances up to a combined level of 2 percent by wei ght contained in any consumer product.

(d) The VOC limits specified in Secti on 94509(a) shall not apply to any LVP-VOC.

(e) The requirements of Se ction 94512(b) shall not appl y 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 exempt ed under Section 94510(d).

(g) The VOC limits specified in Section 94509(a) shall not apply to:

(1) insecticides containi ng 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 containing at least 98% para-dichlorobenzene. On or after December 31, 2006, the provisions of section 94509(o) apply to solid air fresheners containing para-dichlorobenzene.

(h) Except as specified in 94510(h)(3) bel ow, the VOC limits s pecified 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, pr ovided 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, whic hever date occurs later, and (ii) such product is sold in Califor nia prior to January 1, 1994. For the purposes of this subsection, a product “in development” means:Consumer Products Regulation (includes Sept. 2009 amendments) 75 (A) a product which a fragrance materi als manufacturer is designing at the request of a personal fragrance product manufacturer, or

(B) a product which is the subject of a written marketi ng profile or other documentation authorizing the creati on and marketing of the product.

(2) personal fragrance products in developmen t may be registered to qualify for this exemption under hypo thetical trade names or ps eudonyms, 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, subsec tions 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 De cember 31, 2017, so long as the product complies with the product dating r equirements in Section 94512(b).

(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 Secti on 94509(a) shall not apply to bait station insecticides. For the purpose of this secti on, 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 perc ent (%) active ingredients.

(l) Except as specified in 94510(l)(1), t he 1/1/99 VOC limits s pecified in Section 94509(a) for personal fragrance products shal l not apply to such products which
have been sold in Californ ia prior to 1/1/99.

(1) On or after December 31, 2014, the 75 per cent by weight VOC limit shall apply to any “Personal Fragrance Product” that c ontains 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 requirem ents in Section 94512(b).

(m) Until December 31, 2 013, the VOC limits specified in Section 94509(a), and the prohibition of Aromatic Com pounds listed in section 94509(u)(1), shall not apply to Paint Thinners that are packaged in cont ainers with a capacity less than or equal to

8 fluid ounces.

NOTE: Authority cited: Sections 39600, 39601 and 41712, Health and Safety Code.Consumer Products Regulation (includes Sept. 2009 amendments) 76 Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code.

§ 94511. Innovative Products.

(a) The Executive Officer shall exempt a consumer product fr om the VOC limits specified in Section 94509(a) if a manufacturer demonstrates by clear and convincing evidence that, due to some char acteristic of the product formulation, design, delivery systems or other factors, the use of the product will result in less VOC emissions as compared to:

(1) the VOC emissions from a represent ative consumer product which complies with the VOC limits specified in Section 94509(a), or

(2) the calculated VOC emissions from a noncomplying representative product, if the product had been reformulated to comply with the VOC limits spec ified in section 94509(a). VOC emissions shall be calc ulated using the following equation:



## E R 

## = E NC 

## x VOC STD 

## ÷ VOC NC

where:

E R = The VOC emissions from the noncomplying representative product, had it been reformulated.

E NC = The VOC emissions from the noncomplying representative product in its current formulation.

VOC STD = the VOC limit specified in 94509(a).

VOC NC = the VOC content of the nonc omplying product in its current

formulation.

If a manufacturer demonstrates that this equation yields inaccurate results due to some characteristic of the product formul ation or other fact ors, an alternative method which accurately calculates em issions may be used upon approval of the
Executive Officer.

(b) For the purposes of this section, “representative consum er product” means a consumer product which meets a ll of the following criteria:

(1) the representative product shall be s ubject to the same VO C limit in Section 94509(a) as the innovative product.

(2) the representative product shall be of the same product form as the innovative product, unless the innovative product uses a new form which does not exist in the product category at the ti me the application is made.Consumer Products Regulation (includes Sept. 2009 amendments) 77 (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 industry.

(c) A manufacturer shall apply in writing to the Executive Officer for any exemption claimed under subsection (a). The application shall include the supporting

documentation that demonstrat es the reduction of emissions from the innovative product, including the actual physical test methods used to generate the data and, if necessary, the consumer testing undertaken to document product usage. In addition, the applicant must provide any information necessary to enable the
Executive Officer to establish enforceabl e conditions for granting the exemption including the VOC content for the innovative product and test methods for determining the VOC content. All informati on submitted by a manufacturer pursuant

to this section shall be handled in accordanc e with the procedures specified in Title 17, California Code of Regula tions, Sections 91000-91022.

(d) Within 30 days of receipt of the exempt ion application the Executive Officer shall determine whether an application is comp lete 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 conditions, and to what extent, an exemption from the requi rements of Section 94509(a) will be permitted. The applicant and the Executive Officer may mutua lly agree to a longer time period for reaching a decision, and additional supporti ng documentation may be submitted by the applicant before a decisi on has been reached. The Exec utive 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 emissions reductions specified in subsection (a), and that such emissions reductions can be

enforced.

(f) In granting an exemption for a produc t the Executive Officer shall establish

conditions that are enforceable. These cond itions shall include the VOC content 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 dete rmining conformance to the conditions

established. The test methods shall inclu de criteria for reproducib ility, 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 Officer in writing within 30 days of any change in the product formulation or recommended product usage directions, and shall also notify the Executive Officer wit hin 30 days if the manufacturer learns of any information which would alter the em issions estimates submitted to the Executive Officer in support of the exemptio n application.Consumer Products Regulation (includes Sept. 2009 amendments) 78 (h) If the VOC limits specifi ed in Section 94509(a) are lo wered for a product category through any subsequent rulemaking, all inno vative product exemptions granted for products in the product categor y, 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 thos e innovative products which have VOC emissions less than the applicable lower 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 Executiv e Officer at least 60 days before the

effective date of such limits.

(i) If the Executive Officer believes that a consumer product for which an exemption has been granted no longer meets the criteria for an innovative product specified in subsection (a), the Executive Officer may modify or revoke the exemption as necessary to assure that the product will m eet these criteria. The Executive Officer shall not modify or revoke an exempti on without first affording the applicant an opportunity for a public hearing held in a ccordance with the proc 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 J anuary 1, 2007, and FIFRA-registered Insecticides Manufactured Before January 1, 2008. Notwithstanding the definition of “Product Category” in Se ction 94508, if anywhere on t he principal display panel of any consumer product manufac tured before January 1, 2007, or any FIFRA-registered insecticide ma nufactured before January 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 limi t is specified in Section 94509(a), then the lowest VOC limit shall apply. Th is requirement does not apply to general 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 categor y” in Section 94508, if any where on the container or packaging of any consumer product manuf actured on or after January 1, 2007, or any FIFRA-registered insecticide manuf actured on or after January 1, 2008, 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 c onsumer 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 pur pose cleaners and insecticide foggers.Consumer Products Regulation (includes Sept. 2009 amendments) 79 (3) Rules that Apply when a Product Cat egory Definition Excludes Other Product Categories.

If a definition of a regulat ed product category in secti on 94508(a) states that the product category “does not include” one or more other product categories, the “most restrictive limit” provisions of section 94512( a) apply to regulated products that meet

the definition of t he regulated product category and al so make any representation that the regulated product may be used as (or is suitable for use as) a product that falls within one or more of the excluded pr oduct categories. Notwithstanding the foregoing above, this provision does not appl y to “Disinfectant”/ “Sanitizer” products

labeled as “Bathroom and Tile Cleaners,” “Glass Clean ers,” “General Purpose Cleaners,” “Toilet/Urinal Care Products,” “Metal Polishes,” “Carpet Cleaners,” or “Fabric Refreshers” that may also make disinfecting/sanitizing or anti-microbial

claims on the label.

For example, if the definit ion for Regulated Product Category A states that it “does not include” Regulated Product Category B, then the “most restrictive limit” provisions apply to a regulated product t hat meets the definit ion of Regulated Product Category A, but also makes a repres entation that it may be used as (or is suitable for use as) Regulated Product Category B. In other words, if the regulated product makes any representation that it ma y be used as (or is suitable for use as) Regulated Category Product B, then the regulated product would be subject to the lowest VOC limit specified in section 94509(a) for ei ther Product Category A or Product Category B.

For the purposes of this section:

“Regulated product” means a consumer product for which a VOC standard is specified in section 94509(a), and

“Representation” has the same meaning as used above in subsections 94512(a)(1) and 94512(a)(2) (i.e., what stat ements qualify as a “representation” depends on the date the product was manuf actured and whether the statements appear on the “principal display panel” or other parts of the product container or packaging.)

(b) Product Dating

(1) Each manufacturer of a consumer produc t subject to Secti on 94509 shall clearly display on each consumer product contai ner or package, t he day, month, and year on which the product was manufactured, or a code indicating such date. Codes that represent a sequential batch number, or that otherwise cannot be attributed to a specific day, month, and y ear, do not satisfy this requirement.

(2) A manufacturer who uses the following code to indicate the date of manufactureConsumer Products Regulation (includes Sept. 2009 amendments) 80 shall not be subject to the requirements of section 945 12(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 repr esenting 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” representin g the second day of the year, and so forth (i.e. the “Julian date”).

(3) This date or code shall be display ed 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 subsec tion (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 observ able without irreversibly disassembling any portion of the product container or pa ckaging. For the purposes of this subsection, information may be displayed on the bottom of a container as long as it is clearly legible without removing any product packaging.

(5) Products Sold in Multi-unit Packages.

(A) Products sold, supplied, or offered for sale in multi-unit packages are not required to comply with subsection (b)(4).

(B) If a multi-unit package does not comply with subsection (b)(4), the “sell-through” provisions of sect ion 94509(c)(1) shall not apply to the individual product units contained withi n the multi-unit package. In other words, if any multi-unit package produced or assembled after January 1, 2006, does not disp lay the date(s) or date- code(s) of the product units, such that the displayed info rmation is readily observable without irreversibly disassembling any portion of the container or packaging, 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 comply wit h 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 a ssembly is readily observable without irreversibly disassembling any portion of the container or packaging. The “date of assembly” means the date t hat the individual product units areConsumer Products Regulation (includes Sept. 2009 amendments) 81 assembled into the finished multi-unit package. If the date of assembly is displayed instead of the individual dat e(s) or date-code( s), the “date of assembly” shall be the “date of manuf acture” for all of the product units

contained within the multi-uni t package. In other word s, all of the product

units shall be deemed to have been manufac tured on the date these units are assembled into the multi-unit package, even if the individual product units show different date(s) or date-code(s), and the “date of assembly” shall be

“date of manufacture” of each product unit for the purposes of applying the “sell-through” provisio ns 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 pur pose of sampling the product; or

(B) products containing no VOCs (as def ined 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 indi cating 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 dat e of the applicable standar d specified in section 94509. Thereafter, manufacturers using a code must file an explanation of
the code with the Executive Officer on an annual basis, beginning in 2006. The explanation of the code must be received by the Executive 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 i ndicating the date of manufacture for any consumer product subject to subs ection (c)(1), an explanation of the modified code must be received by the Executive Officer before any products displaying the modified code are sold, supplied, or offered for sale in
California.

(3) No person shall erase, alter, defac e, 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 date of manuf acture are public information and may not

be claimed as confidential.

(d) Additional Labeling Requirements for Ae rosol Adhesive, Adhesive Remover, Electronic Cleaner, Electrical Clea ner, Energized Electrical Cleaner, Contact Adhesive, and Sealant or C aulking Compound (non-aerosol).Consumer Products Regulation (includes Sept. 2009 amendments) 82 (1) In addition to the requi rements specified in subsecti ons (a), (b), and (c), both the manufacturer and responsible par ty for each aerosol adhesive, adhesive remover, electronic cleaner, electrical cleaner, energized electrical cleaner, contact adhesive product, and sealant or caulking compound (non-aerosol) subject to this article shall ensure t hat all products clearly display the following information on each product cont ainer which is manufactured on or after the effective date for the categor y specified in section 94509(a), except that for non-chemically curing sealant or caulking compound (non-aerosol), the effective date of this requirem ent is December 31, 2010, and for chemically curing sealant or caulking compound (non-aerosol), the effective date of this requirement is December 31, 2012:

(A) The product category as s pecified in section 94509(a) or an

abbreviation of the cat egory shall be displayed;

(B) 1. The applicable VOC standard fo r the product that is specified in section 94509(a), except for E nergized Electrical Cleaner, expressed as a percentage by we ight, shall be displayed unless the product is included in an alte rnative control plan approved by the Executive Officer, as provid ed in Article 4, Sections 94540- 94555, Title 17, California Code of Regulations, and the product exceeds the applic able VOC standard;

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 sectio n 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 applicat ion or an abbreviation of the substrate/application t hat qualifies the product as special purpose shall be displayed;

(D) If the manufacturer 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 Offi cer 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 r eadily observable without removing or disassembling any portion of the product container or packaging. For the purposes of this subsection, information may be displayed on the bottom of a container as long as it is clearly legible without removing any product packaging.

(3) No person shall remove, alter, conc eal, or deface the information required in section 94512(d)(1) prior to final sale of the product.Consumer Products Regulation (includes Sept. 2009 amendments) 83 (e) Additional Requirements for Mult i-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 sect ion 94512(e)(2), effective December 31, 2010, until December 31, 2015, no person sha ll sell, supply, offer for sale, or manufacture for use in California any “F lammable” or “Extremely Flammable” Multi-purpose Solvent or Paint Thinner named, on the Principle Display Panel as “Paint Thinner,” “Multi-purpose So lvent,” “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 attac hed “hang tag,” sticker, or contrasting square or rectangular area on the Principle Display Panel that displays, at a minimum, the followin g 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:
“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 Displ ay 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., “Acetone,” “Methyl acetate,” etc.) that results in the product meeting the criteria for “Flammabl e” or “Extremely Flammable.”

(3) For the purposes of this subsection (e ), a product is “Fla mmable” or Extremely

Flammable” if it is labeled as “Flamm able” or “Extremely Flammable” on the product container, or if the product meets the criteria for t hese terms specified in title16, Code of Federal R egulations, 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 products the Executive Officer may specify including, but not limited to, all or part of the

information: specified in the following subsections (a)(1) through (a)(12). If the responsible party does not have or does not provide the information requested byConsumer Products Regulation (includes Sept. 2009 amendments) 84 the Executive Officer, the Executive Offi cer may require the reporting of this information by the person that has the info rmation, including, but not limited to, any formulator, manufacturer, supplier, parent company, private labeler, distributor, or repackager.

(1) the company name, address, telephone number, and designated contact person;

(2) any claim of confidentiality made pur suant to Title 17, California Code of Regulations, Section 91011;

(3) the product brand name for each cons umer product and the product label;

(4) the product category to whic h the consumer product belongs;

(5) the applicable product form(s) listed separately;

(6) an identification of each product br and name and form as a “Household Product,” “I&I Product,” or both;

(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, compri sed 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-Containi ng Compounds that are not fragrances (D) Total All Non-Ca rbon-Containing Compounds (E) Total Fragrance (F) For products containing greater th an two percent by weight fragrance, but excluding “personal fragrance products”: (i) the percent of fragr ance that are LVP-VOCs, and (ii) the percent of fragrance that are all other carbon-containing compounds (G) For “personal fragrance produc ts,” the density of the fragrance (H) Total Para-dichlorobenzene

(10) for each product brand name and form, the identity, includi ng the specific
chemical name and associated Chemical Ab stract Services (CAS) number, of the following:Consumer Products Regulation (includes Sept. 2009 amendments) 85 (A) Each Table B Compound (B) Each LVP-VOC that is not a fragrance

(11) if applicable, the we ight percent comprised of propellant for each product;

(12) if applicable, an identific 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 secti on 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-depleti ng compound which is (1) listed in section 94509(e) and (2) contained in a product subject to repor ting 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 specif ied in Title 17, California Code of Regulations, Sections 91000-91022.

(d) Special Reporting Requirements for Aerosol Adhesives

On or before March 31, 2004, all responsib le parties for aerosol adhesives shall report to the Executive Office r the following information for products sold or offered
for sale in California:

(1) data regarding product sales and compos ition for the year 2003, including the information listed in Section 94513(a) , and any other information that the Executive Officer may specify; and

(2) a written update of the research and dev elopment efforts undertaken to achieve
VOC limits lower than the limit s specified in section 94509(a). The written update

must include detailed information about the raw materials (solvents, propellants, resins, and polymers) and hardware (valves, actuators, cans) used in product reformulation, the testing protocols used, t he results of the test ing, and the cost

of reformulation efforts.

(3) On or before December 31, 2003, the Ex ecutive Officer shall notify responsible parties in writing that they are to s ubmit aerosol adhesive product and research data by March 31, 2004.

(e) Special Reporting Require 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 containConsumer Products Regulation (includes Sept. 2009 amendments) 86 perchloroethylene or methylene chloride, and

(B) Energized Electrical Cleaners as def ined in section 94508( a), that contain perchloroethylene or methylene chloride. For the purposes of this subsection, a product “contains perchloroethylene or methylene chloride” if the product contains 1.0 percent or more by weig ht (exclusive of the container or packaging) of either perchlor oethylene or methylene chloride.

(2) For each consumer product that c ontains perchloroethylene or methylene chloride, the responsible party shall repor t the following informa 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 whic h the consumer product belongs;

(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 (exclu sive of the container or packaging), and the method used for calculating the California sales;

(E) the weight percent, to the nearest 0.10 percent, of perchloroethylene and methylene chloride in the consumer product.

(3) The information specified in subsection 94513(e)(2) shall be reported for each calendar year by March 1 of the following year. The first report shall be due on March 1, 2001, for calendar year 2000. A new report is due on March 1 of each year thereafter, until March 1, 2011, when the last report is due.

(4) Upon request, the Executive Officer sha ll make the perchloroethylene information submitted pursuant to this subsection available to publicly owned treatment works in California, in a ccordance with the procedures for handling of confidential information specified in Title 17, Californ ia Code of Regulations, sections 91000-

91022.

(A) On or before July 1, 2002, the Executive Officer shall evaluate the information, along with data on influent and effluent levels of perchloroethylene as reported by public ly-owned treatment works personnel and any other relevant information, to determine if it is likely that publicly-owned treatment works are ex periencing increased levels of perchloroethylene, relative to 1996 levels , that can be attributed to consumer products which contai n perchloroethylene.Consumer Products Regulation (includes Sept. 2009 amendments) 87 (B) If the Executive Officer determine s that it is likely that increased perchloroethylene levels at the public ly-owned treatment works are caused by increased levels of perchloroethylene in consumer products subject to this regulation, then the Executive Office r shall, in conjunction with the publicly-owned treatment works and ot her appropriate parties, implement measures which are feasible, appr opriate, and necessary for reducing perchloroethylene levels at the pu blicly-owned treatment works.

(f) Special Reporting Requirem ents for Multi-purpose Lubricant and Penetrant products

(1) On or before March 31, 2012, all respons ible parties for Multi-purpose Lubricant and Penetrant products sha ll report to the Execut ive Officer the following information for products sold or offered for sale in California:

(A) data regarding product sales and com position for the y ear 2011, including

the information listed in section 94513(a), the entire product label; and

(B) a written update of the research and development efforts undertaken to achieve the 25 percent VOC limits specif ied in section 94509(a). The written update must include detailed informati on about the raw materials evaluated for use, maximum incremental reactivi ty (MIR) values for any VOC or LVPVOC used or evaluated, the function of the raw material evaluated, hardware used in product reformulation, the testi ng protocols used, t he results of the testing, and the cost of reformulation efforts.

(2) On or before March 31, 2014, all res ponsible parties for Multi-purpose Lubricant products shall report to the Executiv e Officer the following information for products sold or offered fo r sale in California:

(A) data regarding product sales and com position for the year 2013, including
the information listed in Section 9 4513(a), the entire product label; and

(B) a written update of the research and development efforts undertaken to achieve the 10 percent VOC limit specif ied 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 ev aluated, hardware used in product reformulation, the testing protocols used, the results of the testing, and the

cost of reformulation efforts.

(g) Special Reporting Requirements for Mu lti-purpose Solvent and Paint Thinner products

(1) On or before June 30, 2012, all respons ible parties for Multi-purpose Solvent and Paint Thinner products shall report to the Executive Officer the following information for products sold or offered for sale in California:Consumer Products Regulation (includes Sept. 2009 amendments) 88 (A) data regarding product sales and com position 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 sect ion 94509(a). The written update must include detailed information about the raw materials evaluated for use; maximum incremental reactivi ty (MIR) values for any VOC or LVPVOC used or evaluated; the function of the raw material evaluated; the testing protocols used; the results of the testing; and the cost of

reformulation efforts.

NOTE: Authority cited: Sections 39600, 39601, 41511 and 41712, Health and Safety

Code. Reference: Sections 3900 2, 39600, 40000, 41511 and 41712, Health and Safety Code.

§ 94514. Variances

.

(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 Executive Officer for a variance. The variance application shall set forth:

(1) the specific grounds upon which the variance is sought;

(2) the proposed date(s) by which compliance with the prov isions of Section 94509 will be achieved;

(3) a compliance report reasonably detaili ng 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 varianc e application shall also include a plan describing how the applicant will mitigate the excess VOC emissions that would be emitted during the per iod of the variance.

(b) Notices and public hearings for variances. Upon receipt of a variance application containing the information required in subsec tion (a), the Executive Officer shall hold a public hearing to determine whether, under w hat conditions, and to what extent, a variance from the requirements in Secti on 94509 is necessary and will be permitted. A hearing shall be initiated no later t han 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 mail not less than 30 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the California Regulato ry Notice Register and sent to every person who requests su ch notice, not less than 30 days prior to the hearing. The notice shall state t hat the parties may, but need not be,Consumer Products Regulation (includes Sept. 2009 amendments) 89 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. T he Executive Officer may consider such confidential information in reaching a decision on a variance application.

(d) Necessary findings for granting variances. No variance shall be granted unless all of the following findings are made:

(1) that, because of reasons beyond t he reasonable control of the applicant, requiring compliance with Section 94509 woul d result in extraordinary economic hardship.

(2) that the public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased

emissions of air contaminants which woul d result from issuing the variance.

(3) that the compliance report propos ed by the applicant can reasonably be implemented, and will achieve complianc e as expeditiously as possible.

(e) Variance orders. Any variance order shall specif y a final compliance date by which the requirements of Secti on 94509 will be achieved. Any variance order shall contain a condition that specifies increment s of progress necessary to assure timely compliance, and such other conditions that t he Executive Officer, in consideration of the testimony received at t he hearing, finds necessary to carry out the purposes of

Division 26 of the Heal th and Safety Code.

(f) Situations in which variances shall cease to be effective. A variance shall cease to be effective upon failure 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 person, the Executive Officer may review, and for good caus e, modify or revoke a variance from requirements of Section 94509 after holding a public hearing in accordance with the provisions of subsection (b).

(h) Special conditions in variance orders for hairspray products.

In imposing conditions in variance orders granted from the June 1, 1999, 55 percent VOC standard for hairspray produc ts, the Executive Officer, in addition to any other conditions that may be imposed, shall r equire the applicant to mitigate the excessConsumer Products Regulation (includes Sept. 2009 amendments) 90 VOC emissions that would be emitted 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 Ex ecutive Officer may waive 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.

§ 94515. Test Methods

.

(a)(1) VOC and GWP compound content determination using ARB Method 310

. Testing to determine compliance with the re quirements of this article, shall be performed using Air Resources Board Me thod 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products, adopted September 25, 1997 and as last amended on August 6, 2010, 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 De termination 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 s pecified in section 4.0, the Executive
Officer will make an initial determinati on 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 Officer ma y perform additional testing to

confirm the initial results.

3.5.2 If the results obtai ned under section 3.5.1 show that the product does not meet the applicabl e 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. Informati on submitted to the ARB Executive Officer may be claimed as confidentia l; such information will be handled in accordance with the confidentiality procedures specified in Title 17, California Code of Regulations, sections 91000 to 91022.Consumer Products Regulation (includes Sept. 2009 amendments) 91 3.5.3 If the information supplied by the manufacturer or responsible party shows that the product does not m eet the applicable VOC standards, then the Executive Officer will take appropriate enforcement action.

3.5.4 If the manufactu rer 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 sha ll 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 t he LVP-VOC status of com pounds and mixtures. This section does not apply to antiperspir ant and deodorants or aerosol coating products because there is no LVP-VO C exemption for these products.

3.6.1 Formulation data. If the va por pressure is unknown, the following ASTM methods, which are incorporat ed by reference herein, may be
used to determine the LVP-VOC stat us 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), AST M D 2879-97 (April 10, 1997), as modified in Appendix B to this Method 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 com pound 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 di stillation cut that is greater than

216 o C as determined under 3.6.1 to det ermine the percentage of the mixture qualifying as an LVP-VOC.

3.6.3 Reference method for i dentification of L VP-VOC compounds and mixtures. If a product does not qua lify as an LVP-VOC under 3.6.2,

the Executive Officer will test a sa mple of the compound or mixture used in a product’s formulation utiliz ing one or both of the following: ASTM D 2879-97 (April 10, 1997), as m odified in Appendix B to this Method 310, and ASTM E 1719-97 (March 10, 1997), to determine if the compound or mixture meets the requirement s of Title 17, CCR, section 94508(a)(94)(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 Ex ecutive Officer will conduct further analyses and testing as nec essary to verify the formulation

data.Consumer Products Regulation (includes Sept. 2009 amendments) 92 3.7.1 If the accuracy of the suppl ied formulation data is verified and the product sample is determined to m eet the applicable VOC standards,

then no enforcement action for viol ation of the VOC standards will be

taken.

3.7.2 If the Executiv e Officer is unable to verify the accuracy of the supplied formulation data, then the Executiv e Officer will request the product manufacturer or responsible party to supply information to explain the discrepancy.

3.7.3 If there exists a discrepan cy that cannot be resolved between the results of Method 310 and the suppl ied formulation data, then the

results of Method 310 shall take precedence over the supplied

formulation data. The results of Me thod 310 shall then determine if the product is in compliance with t he applicable VOC standards, and may

be used to establish a viol ation of ARB regulations.

(b) VOC content determinations using produc t formulation and records. Testing to determine compliance with the requirem ents of this article may also be demonstrated through calculation of the VOC content from re cords 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 consumer product keeps accurate records for each day of production of the amount and chemic al composition of the individual product constituents. These records must be kept for at least three years.

(2) For the purposes of this sect ion 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 ex empted under Section 94510, per unit

(3) If product records appear to demonstrat e compliance with the VOC limits, but these records are contradicted by product testing performed using ARB Method 310, the results of ARB Met hod 310 shall take precedence over the product records and may be used to establis h a violation of t he requirements of VOC Content = B - C x 100

AConsumer Products Regulation (includes Sept. 2009 amendments) 93 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(u)(1)(C), shall be performed using Air Resources Board Method 310, Determination of Vo latile Organic Compounds (VOC) in Consumer Products, adopted September 25, 1997 and as last amended on August 6, 2010, which is incorporated by reference herein. Alter native test methods that are demonstrated to be equally or more accura te 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-pu rpose Solvent or Paint Thinner using product formulation and records . Testing to determine compliance with the requirements of se ction 94509(u)(1)(C), may also be demonstrated through

calculation of Aromatic Compound content from re cords 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 Solv ent or Paint Thinner keeps accurate records for each day of production of t he amount and chemical composition of the individual product constituents. Thes e 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 accordi ng to the following equation:

where,

D = total net weight of unit (excluding container and packaging)

E = total weight of all Aromatic Co mpounds, as defined in Section 94508(a), per

unit

(3) If product records appear to demonstr ate compliance with the Aromatic Compound limit, but these records are c ontradicted 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 vi olation 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. Aromatic Compound Content = E x 100

DConsumer Products Regulation (includes Sept. 2009 amendments) 94 (f) Compliance determinations for charcoal lighter material pr oducts. Testing to determine compliance with the certification r equirements for charcoal lighter material shall be performed using the procedures sp ecified in the South Coast Air Quality Management District Rule 1174 Ignition Met hod Compliance Certification Protocol (February 28, 1991), which is inco rporated by reference herein.

(g) Testing to determine distillation points of petroleum distillate-based charcoal lighter materials shall be performed using AST M D86-01 Aug. 10, 2001, which is incorporated by reference herein.

(h) Fragrance content determinations for per sonal fragrance products. Testing to determine the percent by weight of fragranc e in personal fragrance products shall be performed according to the Association of Official Analytical Chemists (AOAC) Official Method of Analysis No. 932.11, 1990, “Essential Oil in Flavor Extracts and Toilet Preparations, Babcock Method” (A OAC Official Methods of Analysis, 15th Edition, 1990), which is in corporated 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 records used in connection with product manufacture.

NOTE: Authority cited: Sections 39600, 39601, 39607, 41511 and 41712, Health and Safety Code. Reference: Secti ons 39002, 39600, 39607, 40000, 41511 and 41712, Health and Safety Code.

94516. Severability

.

Each part of this article shall be deemed seve rable, and in the event that any part of this article is held to be invalid, the remainde r 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 th is article, the Environmental Protection Agency is not subject to approval dete rminations made by the Executive Officer under Sections 94511, 94514, and 94515. With in 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 implementati on plan approved or promulgated by the Environmental Protection Agency pursuant to Section 110 of the Clean Air Act, 42 U.S.C., Section 7410. Pr ior to submitting an exemption granted under Section 94511 as a revision to the applicable implementation plan, the Executive OfficerConsumer Products Regulation (includes Sept. 2009 amendments) 95 shall hold a public hearing on the proposed exem ption. Notice of the time and place of the hearing shall be sent to the applicant by certifi ed mail not less than 30 days prior to the hearing. Notice of the heari ng shall also be submitted for publication in the California Regulatory Notice Register and sent to the Environmental Protection 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 Executiv e Officer shall notify the applicant of the decision in writing as prov ided in Section 94511(f). T he decision may approve, disapprove, or modify an ex emption previously granted pur suant to Section 94511.

NOTE: Authority cited: Section 39600, 39601, 39602 and 41712, Health and Safety

Code. Reference: Sections 3900 2, 39600, 39602, 40000 and 41712, Health and Safety Code.