## 3 2b. Consumer Products Regulation,

strikeout/underlined format.Consumer Products Regulation 2008 Amendments 1 Note: The amendments are shown in underline to indicate additions and

strikeout to indicate deletions.

FINAL REGULATION ORDER

REGULATION FOR REDUCING VOLATILE ORGANIC COMPOUND EMISSIONS

FROM CONSUMER PRODUCTS

SUBCHAPTER 8.5 CONSUMER PRODUCTS

Amend title 17, California Code of Regulations, sec tions 94508, 94509, 94510, 94512, 94513, and 94515 to read as follows:

Article 2. Consumer Products

§ 94508. Definitions.

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

(1) “Adhesive” means any product that is used to bo nd one surface to another by attachment. “Adhesive” does not include products u sed on humans and animals, adhesive tape, contact paper, wallpaper, shelf line rs, or any other product with an adhesive incorporated onto or in an inert substrate . For “Contact Adhesive,” “Construction, Panel, and Floor Covering Adhesive,” and “General Purpose Adhesive” only, “adhesive” also does not include un its of product, less packaging, which weigh more than one pound and cons ist of more than 16 fluid ounces. This limitation does not apply to aerosol adhesives.

(2) “Adhesive Remover” means a product designed to remove adhesive from either a specific substrate or a variety of substrates. “ Adhesive Removers ” does not include products that remove adhesives intended for use on humans or animals.

For the purpose of this definition and “Adhesive R emover” subcategories (A-D),

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

Adhesive includes, but is not limited to: caulks; s ealants; glues; or similar substances used for the purpose of forming a bond. (A) “Floor or Wall Covering Adhesive Remover” mean s a product designed or labeled to remove floor or wall coverin gs and associated adhesive from the underlying substrate.

(B) “Gasket or Thread Locking Adhesive Remover” me ans a product designed or labeled to remove gaskets or thread locking adhe sives. Products labeled for dual use as a paint stripper and gasket remover and/or thread locking adhesive remover are considered “Gasket or Thread Locking

Adhesive Remover.”Consumer Products Regulation 2008 Amendments 2 (C) “General Purpose Adhesive Remover” means a prod uct designed or labeled to remove cyanoacrylate adhesives as well a s 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 adhesiv es; dextrine or starch-based adhesives; casein glues; rubber or lat ex-based adhesives; as well as products that remove stickers; decals; s tencils; or similar materials. “General Purpose Adhesive Remover” does not include “Floor or Wall Covering Adhesive Remover.”

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

(3) “Aerosol Adhesive” means any adhesive packaged as an aerosol product in which the spray mechanism is permanently housed in a nonrefillable can designed for hand-held application without the need for ancillary hoses or spray equipment. Aerosol adhesives include special purpo se spray adhesives, mist spray adhesives, and web spray adhesives.

(4) “Aerosol Cooking Spray” means any aerosol produ ct designed either to reduce sticking on cooking and baking surfaces or to be ap plied on food, or both.

(5) “Aerosol Product” means a pressurized spray sys tem 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 fo rce. “Aerosol Product” does not include “Pump Spray.”

(6) “Agricultural Use” means the use of any pestici de or method or device for the control of pests in connection with the commercial production, storage or processing of any animal or plant crop. “Agricultu ral Use” does not include the sale or use of pesticides in properly labeled packa ges or containers which are intended for: (A) Home use, (B) Use in structural pest control, or (C) Industrial or Institutional use. For the purposes of this defini tion only:

“Home use” means use in a household or its immediat e environment. “Structural pest control” means a use requiring a l icense under Chapter 14 (commencing with Section 8500), Division 3, of the Business and

Professions Code.

“Industrial use” means use for or in a manufacturin g, mining, or chemical process or use in the operation of factories, proce ssing plants, and similar

sites.Consumer Products Regulation 2008 Amendments 3 “Institutional use” means use within the confines o f, or on property necessary for the operation of buildings such as ho spitals, schools, libraries, auditoriums, and office complexes.

(7) “Air Freshener” means any consumer product including, but not limited to, sprays, wicks, wipes, diffusers , powders, and crystals, designed or labeled for the purpose of masking odors, or freshening, cleani ng, scenting, or deodorizing

the air. “Air Freshener” includes dual/ purpose air freshener/disinfectant products. “Air Freshener” does not include product s that are used on the human body, products that function primarily as cleaning products as indicated on a product label, “Odor Remover/Eliminator,” or “Toilet/Urinal Care Product.”

(8) “All Other Carbon-Containing Compounds” means a ll other compounds which

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

(9) “All Other Forms” means all consumer product fo rms for which no form-specific VOC standard is specified. Unless specified otherw ise by the applicable VOC standard, “all other forms” include, but are not li mited to, solids, liquids (which includes the liquid containing or liquid impregnate d portion of the cloth or paper wipes (towelettes), wicks, powders, and crystals.

(10) “Antimicrobial Hand or Body Cleaner or Soap” m eans a cleaner or soap which is designed to reduce the level of microorganisms on t he skin through germicidal activity, and is regulated as an over-the-counter d rug by the U.S. Food and Drug Administration. “Antimicrobial Hand or Body Cleane r or Soap” includes, but is not limited to, (A) antimicrobial hand or body wash es/cleaners, (B) foodhandler hand washes, (C) healthcare personnel hand washes, (D) pre-operative skin preparations and (E) surgical scrubs. “Antimicrobi al Hand or Body Cleaner or Soap” does not include prescription drug products, antiperspirants, “Astringent/Toner,” deodorant, “Facial Cleaner or S oap,” “General-use Hand or Body Cleaner or Soap,” “Hand Dishwashing Detergent” (including antimicrobial), “Heavy-duty Hand Cleaner or Soap,” “Medicated Astri ngent/Medicated Toner,” and “Rubbing Alcohol.”

(11) “Anti-Static Product” means a product that is labeled to eliminate, prevent, or inhibit the accumulation of static electricity. “A nti-Static Product” does not include “Electronic Cleaner,” “Floor Polish or Wax,” “Floor Coating,” and products that meet the definition of “Aerosol Coating Product” or “Architectural Coating.” (12) “Architectural Coating” means a coating appli ed to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs.

(13) “ASTM” means the American Society for Testing and Materials.

(14) “Astringent/Toner” means any product not regul ated as a drug by the United States Food and Drug Administration (FDA) which is designed or labeled to beConsumer Products Regulation 2008 Amendments 4 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,” “ Personal Fragrance Product, ” cold cream, lotion,

or antiperspirant, or any Astringent/Toner product re gulated as a drug by the United States Food and Drug Administration (FDA)

.

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

formulation.

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

(17) “Automotive Rubbing or Polishing Compound” mea ns a product designed primarily to remove oxidation, old paint, scratches or “swirl marks,” and other defects from the painted surfaces of motor vehicles without leaving a protective

barrier.

(18) “Automotive Wax, Polish, Sealant or Glaze” mea ns a product designed to seal out moisture, increase gloss, or otherwise enhance a motor vehicle’s painted surfaces. “Automotive Wax, Polish, Sealant or Glaz e” includes, but is not limited to, products designed for use in autobody repair sh ops and “drive-through” car washes, as well as products designed for the genera l public. “Automotive Wax, Polish, Sealant or Glaze” does not include “Automot ive Rubbing or Polishing Compounds ,” automotive wash and wax products, surfactant-con taining car wash products, and products designed for use on unp ainted surfaces such as bare metal, chrome, glass, or plastic.

(19) “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 55 gallons or more, or a container with a capacity 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 (Dilutable)” do es not include any fluid which is placed in a new motor vehicle at the time the vehicle is manufactured.

(20) “Automotive Windshield Washer Fluid (Pre-Mixed )” means any liquid which meets the following criteria:Consumer Products Regulation 2008 Amendments 5 (A) the product is sold in a container with a capac ity that is greater than one quart, but less than 55 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 pu rpose of cleaning, washing, bug removal, or wetting the windshield(s).

“Automotive Windshield Washer Fluid (Pre-Mixed)” do es not include any fluid which is placed in a new motor vehicle at the time the vehicle is manufactured.

(21) “Bathroom and Tile Cleaner” means a product de signed or labeled to clean tile or

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

“Toilet/Urinal Care Product.”

(22) “Brake Cleaner” means a cleaning product desig ned or labeled to remove oil, grease, brake fluid, brake pad material or dirt fro m motor vehicle brake

mechanisms.

(23) “Bug and Tar Remover” means a product labeled to remove either or both of the following from painted motor vehicle surfaces witho ut 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 mar kings, and asphalt.

(24) “California Sales” means the sales (net pounds of product, less packaging and container, per year) in California for either the c alendar year immediately prior to the year that the information required by the Execu tive Officer pursuant to section 94513 (required information) is due or, if that dat a is not available, any consecutive 12 month period commencing no earlier t han 2 years prior to the due date of the required information. If direct sales data for California is not available, sales may be estimated by prorating national or reg ional sales data by population.

(25) “Carburetor or Fuel-Injection Air Intake Clean ers ” means a product designed or labeled to remove fuel deposits, dirt, or other con taminants from a carburetor, choke, throttle body of a fuel-injection system, or associated linkages. “Carburetor or Fuel-injection Air Intake Cleaners ” does not include products designed or labeled exclusively to be introduced di rectly into the fuel lines or fuel storage tank prior to introduction into the carbure tor or fuel injectors, or products designed or labeled exclusively to be introduced du ring engine operation directly into air intake vacuum lines by using a pressurized sprayer wand.

(26) “Carpet and / Upholstery Cleaner” means a cleaning product design ed or labeled for the purpose of eliminating dirt and or stains on rugs, carpeting, and the

interior of motor vehicles and/or on household furn iture or objects upholstered or covered with fabrics such as wool, cotton, nylon or other synthetic fabrics. “Carpet and /

Upholstery Cleaner” includes, but is not limited t o, products used on household furniture, the interior of motor vehicles , and products that makeConsumer Products Regulation 2008 Amendments 6 f ”F abric p P rotectant” claims. “Carpet and / Upholstery Cleaner” does not include

“ General Purpose Cleaners, ” “Spot Removers ,” vinyl or leather cleaners, d ”D ry

c C leaning f F luids ,” or products designed exclusively for use at indust rial facilities engaged in furniture or carpet manufacturing. (27) “Charcoal Lighter Material” means any combusti ble material designed to be applied on, incorporated in, added to, or used with charcoal to enhance ignition. “Charcoal Lighter Material” does not include any of the following: (A) electrical starters and probes, (B) metallic cylinders using p aper tinder, (C) natural gas, (D) propane, and (E) fat wood.

(28) “Colorant” means any pigment or coloring mater ial used in a consumer product for an aesthetic effect, or to dramatize an ingredi ent.

(29) “Construction, Panel, and Floor Covering Adhes ive” means any non-aerosol, one-component adhesive that is designed or labeled for the installation, remodeling, maintenance, or repair of: (A) structu ral and building components that include, but are not limited to, beams, trusse s, studs, paneling (drywall or drywall laminates, fiberglass reinforced plastic (F RP), plywood, particle board, insulation board, pre-decorated hardboard or tilebo ard, etc.), ceiling and acoustical tile, molding, fixtures, countertops or countertop laminates, cove or wall bases, and flooring or subflooring; or (B) flo or or wall coverings that include, but are not limited to, wood or simulated wood cove ring, carpet, carpet pad or cushion, vinyl-backed carpet, flexible flooring mat erial, nonresilient flooring material, mirror tiles and other types of tiles, an d artificial grass. “Construction, Panel, and Floor Covering Adhesive” does not includ e “Floor Seam Sealer.”

(30) “Consumer” means any person who seeks, purchas es, or acquires any consumer product for personal, family, household, o r institutional use. Persons acquiring a consumer product for resale are not “co nsumers” for that product.

(31) “Consumer Product” means a chemically formulat ed product used by household and institutional consumers including, but not limi ted to, detergents; cleaning compounds; polishes; floor finishes; cosmetics; per sonal care products; home, lawn, and garden products; disinfectants; sanitizer s; aerosol paints; and automotive specialty products ; but does not include other paint products, furniture coatings, or architectural coatings. As used in this article, the term “consumer product” shall also refer to aerosol adhe sives, including aerosol adhesives used for consumer, industrial, and commer cial uses. (32) “Contact Adhesive” means a non-aerosol adhesiv e that: (A) is designed for application to both surfaces to be bonded together, and (B) is allowed to dry before the two surfaces are placed in contact with each other, and (C) forms an immediate bond that is impossible, or difficult, to reposition after both adhesivecoated surfaces are placed in contact with each oth er, and (D) does not need sustained pressure or clamping of surfaces after th e adhesive-coated surfaces have been brought together using sufficient momenta ry pressure to establish full

contact between both surfaces. “Contact Adhesive” does not include rubberConsumer Products Regulation 2008 Amendments 7 cements that are primarily intended for use on pape r substrates. “Contact Adhesive” also does not include vulcanizing fluids that are designed and labeled for tire repair only.

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

(34) “Contact Adhesive - Special Purpose” means a c ontact adhesive that: (A) is used to bond melamine-covered board, unprimed metal, uns upported vinyl, Teflon, ultra-high molecular weight polyethylene, rubber, h igh 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 cont ain more than eight fluid ounces, or (B) is used in automotive applications t hat are (1.) automotive under-the-hood applications requiring heat, oil or gasoline resistance, or (2.) body-side molding, automotive weatherstrip or decorative trim.

(35) “Container/Packaging” means the part or parts of the consumer or institutional product which serve only to contain, enclose, incor porate, deliver, dispense, wrap or store the chemically formulated substance or mix ture of substances which is solely responsible for accomplishing the purposes f or which the product was designed or intended. “Container/Packaging” includ es any article onto or into which the principal display panel and other accompa nying literature or graphics are incorporated, etched, printed or attached.

(36) “Crawling Bug Insecticide” means any insectici de product that is designed for use against ants, cockroaches, or other household crawl ing arthropods, including, but not limited to, mites, silverfish or spiders. “Cra wling Bug Insecticide” does not include products designed to be used exclusively on humans or animals, or any house dust mite product. For the purposes of this definition only:

“House dust mite product” means a product whose lab el, packaging, or accompanying literature states that the product is suitable for use against house dust mites, but does not indicate that the pr oduct is suitable for use against ants, cockroaches, or other household crawl ing 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 phy lum Arthropoda, the subphylum Chelicerata, the class Arachnida, the sub class Acari, the order Astigmata, and the family Pyroglyphidae.

(37) “Deodorant Body Spray” means: (A) for products manufactured before January 1, 200 6: a “Personal Fragrance Product” with 20 percent or less fragranc e.

(B) for products manufactured on or after January 1 , 2006: a “Personal Fragrance Product” with 20 percent or less fragranc e, that is designedConsumer Products Regulation 2008 Amendments 8 for application all over the human body to provide a scent. A “Deodorant Body Spray” product that indicates or de picts on the container or packaging, or on any sticker or label affixed thereto, that it can be used on or applied to the human axilla, is a “Deodorant” as defined in section 94501(d).

(38) “Device” means any instrument or contrivance ( other than a firearm) which is designed for trapping, destroying, repelling, or mi tigating any pest or any other form of plant or animal life (other than man and ot her than bacteria, virus, or other microorganism on or in living man or other li ving animals); but not including equipment used for the application of pesticides wh en sold separately therefrom.

(39) “Disinfectant” means a product that is labeled as a “disinfectant”, or is labeled to destroy or irreversibly inactivate infectious or ot her undesirable bacteria, pathogenic fungi, or viruses on surfaces or inanima te objects and whose label is registered as a “disinfectant” under the Federal In secticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136, et seq.). Pr oducts that are labeled as

both a “sanitizer” and a “disinfectant” are conside red disinfectants. “Disinfectant” does not include any of the following: (A) product s labeled solely for use on human or animals, (B) products labeled solely for a gricultural use, (C) products labeled solely for use in swimming pools, therapeut ic tubs, or hot tubs, (D) products which are labeled to be used on heat sensi tive critical or semi-critical medical devices or medical equipment surfaces, (E) products which are premoistened wipes or towelettes sold exclusively to m edical, convalescent, or veterinary establishments, (F) products which are l abeled to be applied to food-contact surfaces and are not required to be ri nsed prior to contact with food, or (G) products which are labeled as “Bathroom and Tile Cleaners ,” “Glass

Cleaners ,” “General Purpose Cleaners ,” “Toilet/Urinal Care Products ,” “Metal

Polishes ,” “Carpet Cleaners ,” or “Fabric Refreshers ” that may also make disinfecting or anti-microbial claims on the label.

(40) “Distributor” means any person to whom a consu mer product is sold or supplied for the purposes of resale or distribution in comme rce, except that manufacturers, retailers, and consumers are not dis tributors.

(41) “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 a n emulsion.

(42) “Dry Cleaning Fluid” means any non-aqueous liq uid product designed and labeled exclusively for use on: (1) fabrics which a re labeled “for dry clean only,” such as clothing or drapery; or (2) “S-coded” fabri cs. “Dry Cleaning Fluid” includes, but is not limited to, those products use d by commercial dry cleaners

and commercial businesses that clean fabrics such a s draperies at the customer’s residence or work place. “Dry Cleaning Fluid” does not include “Spot Remover” or “Carpet/ and Upholstery Cleaner.” For the purposes of this definition, S-coded fabric means an upholstery fabr ic designed to be cleanedConsumer Products Regulation 2008 Amendments 9 only with water-free spot cleaning products as spec ified by the Joint Industry

Fabric Standards Committee.”

(43) “Dual Purpose Air Freshener/Disinfectant” mean s an aerosol product that is represented on the product container for use as bot h a disinfectant and an air freshener, or is so represented on any sticker, lab el, packaging, or literature attached to the product container.

(44) “Dusting Aid” means a product designed or labe led to assist in removing dust

and other soils from floors and other surfaces with out leaving a wax or silicone based coating. “Dusting Aid” does not include “Pre ssurized Gas Duster.”

(45) “Electrical Cleaner” means a product labeled t o remove heavy soils such as grease, grime, or oil from electrical equipment, including, but not limited to, electric motors, armatures, relays, electric pa nels, or generators. Electrical Cleaner does not include “General Purpose Cleaner,” “General Purpose Degreaser,” “Dusting Aid,” “Electronic Cleaner,” “E nergized Electrical Cleaner,” “Pressurized Gas Duster,” “Engine Degreaser,” “Anti -Static Product,” or products designed to clean the casings or housings of electr ical equipment.

(46) “Electronic Cleaner” means a product labeled for the removal of dirt, moisture, dust, flux, or oxides from the internal components of electronic or precision equipment such as circuit boards, and the internal components of electronic devices, including but not limited to, radios, comp act disc (CD) players, digital video disc (DVD) players, and computers. “Electron ic Cleaner” does not include “General Purpose Cleaner,” “General Purpose Degreas er,” “Dusting Aid,” “Pressurized Gas Duster,” “Engine Degreaser,” “Elec trical Cleaner,” “Energized Electrical Cleaner,” “Anti-Static Product,” or prod ucts labeled to clean the casings or housings of electronic equipment. “Electronic C leaner” does not include any product that meets both of the following criteria:

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

2) the product label clearly displays the stateme nts: “Energized Electronic Equipment use only.”

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

criteria: 1) the product is labeled to clean and/or degrease electrical equipment, where cleaning and/or degreasing is accomplished when ele ctrical current exists, or when there is a residual electrical potential from a component, such as a capacitor;Consumer Products Regulation 2008 Amendments 10 2) the product label clearly displays the stateme nts: “Energized Equipment use

only. Not to be used for motorized vehicle mainten ance, or their parts.”

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

(48) “Engine Degreaser” means a cleaning product de signed or labeled to remove grease, grime, oil and other contaminants from the external surfaces of engines and other mechanical parts.

(49) “Executive Officer” means the Executive Office r of the Air Resources Board, or his or her delegate.

(50) “Existing Product” means any formulation of th e same product category and form sold, supplied, manufactured, or offered for sale i n California prior to the following dates, or any subsequently introduced identical for mulation:

(A) October 21, 1991, for all products listed in section 94509(a) that have initial

effective dates of January 1, 1993, or January 1, 1 994;

(B) January 6, 1993, for all products listed in s ection 94509(a) that have initial

effective dates of January 1, 1995, or January 1, 1 997, and charcoal lighter materials subject to section 94509(h);

(C) August 16, 1998, for all products listed in s ection 94509(a) that have initial

effective dates of January 1, 2001, January 1, 2002 , January 1, 2003, or January 1, 2005;

(D) November 19, 2000, for all products in the fo llowing product categories

listed in section 94509(a): “Non-aerosol General Pu rpose Degreaser,” “Sealant and Caulking Compound,” and “Tire Sealant and Inflator.”

(E) July 20, 2005, for all products listed in sec tion 94509(a) that have an

effective date of December 31, 2006, December 31, 2008, or December 31, 2009; and

(F) the effective date of the “ 2006 Amendments ” (i.e., 30 days after the “ 2006

Amendments ” rulemakin g action is approved by the Office of Administrativ e Law) 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 Int ake Cleaner, Aerosol Engine Degreaser, Resilient Flooring Material, Nonr esilient Flooring Material, Aerosol General Purpose Degreaser, and Ae rosol Temporary Hair

Color

. (G) July 18, 2009, for all products listed in section 94509(a) that have an initial

effective date of December 31, 2010, or December 31 , 2012, December 31, 2013, or December 31, 2014.Consumer Products Regulation 2008 Amendments 11 (51) “Fabric Protectant” means:

(A) for products manufactured before December 31, 2008: a product

designed or labeled to be applied to fabric substrates to protect the surface from soiling from dirt and other impurities or to reduce absorption of liquid into the fabric’s fibers. “Fabric Protec tant” does not include “Waterproofers,” products designed for use solely o n 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 prot ect the surface from soiling from dirt or other impurities or to reduce absorption of liquid into the fabric’s fibers. “Fabric Protectan t” does not include “Waterproofers,” or products labeled for use solely on leather. “Fabric Protectant” does not include pigmented products tha t are designed or labeled to be used primarily for coloring, products used for construction, reconstruction, modification, structural maintenanc e or repair of fabric substrates, or products that renew or restore fabri c and qualifying as either “Clear Coating” or “Vinyl/Fabric/Leather/Polycarbon ate Coating” under section 94521(a).

(52) “Fabric Refresher” means a product labeled to neutralize or eliminate odors on non-laundered fabric including, but not limited to, soft household surfaces, rugs, carpeting, draperies, bedding, automotive interiors , footwear, athletic equipment, clothing and/or on household furniture or objects u pholstered or covered with fabrics such as, but not limited to, wool, cotton, or nylon. “Fabric Refresher” does not include “Anti-static Product,” “Carpet/ and Upholstery Cleaner,” “Footwear or Leather Care Product,” “Spot Remover,” or “Disinfec tant,” or products labeled for application to both fabric and human skin.

(53) “Fabric Softener-Single Use Dryer Product” means a laundry care product designed or labeled for single use in the clothes d ryer to impart softness to, or control static cling of, a load of washable fabrics ; and may impart a fragrance or scent. For the purpose of this definition only, “s ingle 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 am ount of washable fabrics in a single drying cycle. “Fabric Softener-Single Use D ryer Product” includes treated nonwoven sheets which are typically packaged in box es with a multiple number of sheets. “Fabric Softener-Single Use Dryer Produ ct” does not include products applied to washable fabrics prior to placing the wa shable fabrics in the clothes dryer.Consumer Products Regulation 2008 Amendments 12 (54) (5 3 ) “Facial Cleaner or Soap” means a cleaner or soap d esigned primarily to clean the face. “Facial Cleaner or Soap” includes, but i s not limited to, facial cleansing creams, semisolids, liquids, lotions, and substrate -impregnated forms. “Facial Cleaner or Soap” does not include prescription drug products, “Antimicrobial Hand or Body Cleaner or Soap,” “Astringent/Toner,” “General-use Hand or Body Cleaner or Soap,” “Medicated Astringent/Medicated T oner,” or “Rubbing Alcohol.”

(55) (5 4 ) “Fat Wood” means pieces of wood kindling with high naturally-occurring levels of sap or resin which enhance ignition of the kindl ing. “Fat wood” does not include any kindling with substances added to enhan ce flammability, such as wax-covered or wax-impregnated wood-based products.

(56) (5 5 ) “Flea and Tick Insecticide” means any insecticide product that is designed for use against fleas, ticks, their larvae, or their eg gs. “Flea and Tick Insecticide” does not include products that are designed to be u sed exclusively on humans or animals and their bedding.

(57) (5 6 ) “Floor Coating” means an opaque coating that is la beled and designed for application to flooring, including but not limited to, decks, porches, steps, and other horizontal surfaces which may be subject to f oot traffic.

(58) “Floor Maintenance Product” means any product desi gned or labeled to restore, maintain, or enhance a previously applied floor fin ish. “Floor Maintenance Product” includes, but is not limited to, products that are labeled as Spray Buff products or Floor Maintainers or Restorers. “Floor Maintenance Product” does not include floor polish products, products designe d solely for the purpose of cleaning, products designed or labeled exclusively for use on marble floors, or coatings subject to architectural coatings regulati ons.

(59) (57 ) ”Floor Polish or Wax” means a product designed or labeled to polish, wax, condition, protect, temporarily seal, or otherwise enhance floor surfaces by leaving a protective finish that is designed or lab eled to be periodically replenished. “Floor Polish or Wax” does not includ e “spray buff products Floor

Maintenance Products ,” “Floor Wax Strippers ”, products designed or labeled for

unfinished wood floors , or coatings subject to architectural coatings reg ulations.

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

(A) “Resilient Flooring Material” means flexible f looring material including but is not limited to, asphalt, cork, linoleum, no-wax, rubber, seamless vinyl, and vinyl composite flooring.

(B) “Nonresilient Flooring Material” means floor ing of a mineral content which

is not flexible. “Nonresilient Flooring material” includes but is not limited toConsumer Products Regulation 2008 Amendments 13 terrazzo, marble, slate, granite, brick, stone, cer amic tile, and concrete. (C) “Wood Floor Wax” means any wax-based products designed or labeled for

use solely on wood floors. “Wood Floor Wax” does n ot include products

that make the claim to “clean and wax” or “clean an d polish.”

(60) (58 ) “Floor Seam Sealer” means any product designed and labeled exclusively for bonding, fusing, or sealing (coating) seams between adjoining rolls of installed flexible sheet flooring.

(61) ( 59 ) “Floor Wax Stripper” means a product designed to r emove natural or synthetic floor polishes or waxes through breakdown of the polish or wax polymers, or by dissolving or emulsifying the polis h or wax. “Floor Wax Stripper” does not include aerosol floor wax strippers or pro ducts designed to remove floor wax solely through abrasion.

(62) (6 0 ) “Flying Bug Insecticide” means any insecticide pro duct that is designed for use against flying insects or other flying arthropo ds, including but not limited to flies, mosquitoes, moths, or gnats. “Flying Bug In secticide” does not include “wasp and hornet insecticide,” products that are de signed to be used exclusively on humans or animals, or any moth-proofing product. For the purposes of this definition only, “moth-proofing product” means a pr oduct whose label, packaging, or accompanying literature indicates that the produ ct 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 arth ropods.

(63) (6 1 ) “Footwear or Leather Care Product” means any produ ct designed or labeled

to be applied to footwear or to other leather articles /components, to maintain, enhance, clean, protect, or modify the appearance, durability, fit, or flexibility of the footwear or leather article/component. Footwea r includes both leather and non-leather foot apparel. “Footwear or Leather Car e Product” does not include “Fabric Protectant,” “General Purpose Adhesive,” “C ontact Adhesive,” “Vinyl/Fabric/Leather/Polycarbonate Coating,” as de fined in section 94521(a), “Rubber/Vinyl Protectant,” “Fabric Refresher,” prod ucts solely for deodorizing, or sealant products with adhesive properties used to c reate external protective layers greater than 2 millimeters thick.

(64) (6 2 ) “Fragrance” means a substance or complex mixture o f aroma chemicals, natural essential oils, and other functional compon ents 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

.

(65) (6 3 ) “Furniture Maintenance Product” means a wax, polis h, conditioner, or any other product labeled for the purpose of polishing, protecting or enhancing

finished wood surfaces other than floors and other furniture surfaces including but not limited to acrylics, ceramic, plastics, sto ne surfaces, metal surfaces, andConsumer Products Regulation 2008 Amendments 14 fiberglass. “Furniture Maintenance Product” does n ot include “Dusting Aids ,”

“Wood Cleaners ,” and products designed solely for the purpose of cleaning, or products designed to leave a permanent finish such as stains, sanding sealers and lacquers.

(66) (6 4 ) “Furniture Coating” means any paint designed for a pplication to room furnishings including, but not limited to, cabinets (kitchen, bath and vanity), tables, chairs, beds, and sofas.

(67) (6 5 ) “Gel” means a colloid in which the disperse phase has combined with the continuous phase to produce a semisolid material, s uch as jelly.

(68) (6 6 ) “General Purpose Adhesive” means any non-aerosol a dhesive designed for use on a variety of substrates. “General Purpose A dhesive” does not include (A) contact adhesives, (B) construction, panel, an d floor covering adhesives, (C) adhesives designed exclusively for application on one specific category of substrates (i.e., substrates that are composed of s imilar materials, such as different types of metals, paper products, ceramics , plastics, rubbers, or vinyls), or (D) adhesives designed exclusively for use on on e specific category of articles (i.e., articles that may be composed of different m aterials but perform a specific function, such as gaskets, automotive trim, weather -stripping, or carpets).

(69) (6 7 ) “General Purpose Cleaner” means a general purpose cleaning product labeled for use on a variety of hard surfaces, incl uding small appliances. “General Purpose Cleaner” includes, but is not limi ted to, products designed or labeled for general floor cleaning, kitchen, count ertop, or sink cleaning, and cleaners designed or labeled to be used on a variet y of hard surfaces such as stovetops, cooktops, or microwaves.

(70) ( 6 8 ) “General Purpose Degreaser” means any product labe led to remove or dissolve grease, grime, oil and other oil-based con taminants from a variety of substrates, including automotive or miscellaneous m etallic parts. “General Purpose Degreaser” does not include “Engine Degreas er,” “General Purpose Cleaner,” “Adhesive Remover,” “Electronic Cleaner,” “Electrical Cleaner,” “Energized Electrical Cleaner,” “Metal Polish/Clean ser,” products used exclusively in “solvent cleaning tanks or related e quipment,” or products that are (A) sold exclusively to establishments which manufa cture or construct goods or commodities; and (B) labeled “not for retail sale.” “Solvent cleaning tanks or related equipment” includes, but is not limited to, cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines, or products designed to clean miscellaneous metallic parts by i mmersion in a container. (71) ( 69 ) “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 shamp oo-body cleaners, shower or bath gels, and moisturizing cleaners or soaps. “General-use Hand or BodyConsumer Products Regulation 2008 Amendments 15 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 antimicrobi al), “Heavy-duty Hand Cleaner or Soap,” “Medicated Astringent/Medicated T oner,” or “Rubbing Alcohol.”

(72) (7 0 ) “Glass Cleaner” means a cleaning product designed or labeled primarily for cleaning surfaces made of glass. “ Glass c C leaner” does not include products designed or labeled solely for the purpose of cleaning optical materia ls used in eyeglasses, photographic equipment, scientific equi pment and photocopying

machines.

(73) “Global Warming Potential (GWP)” means the radiat ive 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. (74) “Global Warming Potential Value” or “GWP Value” me ans the global warming potential value of a chemical or compound as specif ied in the IPCC: 1995 Second Assessment Report (SAR), Table 2.14, in Clim ate Change 2007: The Physical Sciences Basis. Contribution of Working Gr oup I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change, which is incorporated by reference herein.

If Table 2.14 does not contain a SAR 100-year GWP V alue for a specific chemical or compound, then the 100-year GWP Value i n 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 Va lue listed in Table 2.15, then the GWP Value is assumed to be equal to the GW P limit of the applicable product category.

(75) (7 1 ) “Graffiti Remover” means a product labeled to rem ove spray paint, ink, marker, crayon, lipstick, nail polish, or shoe poli sh, from a variety of non-cloth or

non-fabric substrates. “Graffiti Remover” does not include “Paint Remover or Stripper,” “Nail Polish Remover,” or “Spot Remover. ” Products labeled for dual use as both a paint stripper and graffiti remover a re considered “Graffiti

Removers.”

(76) (7 2 ) ”Hair Mousse” means a hairstyling foam designed to facilitate styling of a coiffure and provide limited holding power.

(77) (7 3 ) ”Hair Shine” means any product designed for the pr imary purpose of creating a shine when applied to the hair. “Hair Shine” inc ludes, but is not limited to, dual-use products designed primarily to impart a sh een to the hair. “Hair Shine” does not include “Hair Spray,” “Hair Mousse,” “Hair Styling Product,” “Hair Styling Gel,” or products whose primary purpose is to condi tion or hold the hair.

(78) (7 4 ) ”Hair Styling Gel” means a consumer product manufa ctured beforeConsumer Products Regulation 2008 Amendments 16 December 31, 2006, that is a high viscosity, often gelatinous, product that contains a resin and is designed for the applicatio n to hair to aid in styling and sculpting of the hair coiffure.

(79) (7 5 ) ”Hair Spray” means:

(A) for products manufactured before December 31, 2 006: a consumer product designed primarily for the purpose of dispe nsing droplets of a resin on and into a hair coiffure which will impart sufficient rigidity to the coiffure to establish or retain the style for a per iod of time, and

(B) for products manufactured on or after December 31, 2006: a consumer product that is applied to styled hair, and is desi gned or labeled to provide sufficient rigidity, to hold, retain and/or (finish ) the style of the hair for a period of time. “Hair Spray” includes aerosol hair sprays, pump hair sprays, spray waxes; color, glitter, or sparkle hai rsprays that make finishing claims; and products that are both a styl ing and finishing product. “Hair Spray” does not include spray products that are intended t o aid in styling but do not provide finishing of a hairstyle

.

For the purposes of this subchapter, “finish” or “f inishing” means the maintaining and/or holding of previously styled hair for a peri od of time.

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

(80) (7 6 ) ”Hair Styling Product” means a consumer product ma nufactured on or after December 31, 2006, that is designed or labeled for the application to wet, damp or dry hair to aid in defining, shaping, lifting, s tyling and/or sculpting of the hair. “Hair Styling Product” includes, but is not limited to hair balm, clay, cream, creme, curl straightener, gel, liquid, lotion, past e, pomade, putty, root lifter, serum, spray gel, stick, temporary hair straightene r, wax, spray products that aid in styling but do not provide finishing of a hairst yle, and leave-in volumizers, detanglers and/or conditioners that make styling cl aims. “Hair Styling Product” does not include “Hair Mousse,” “Hair Shine,” “Hair Spray,” or shampoos and/or conditioners that are rinsed from the hair prior to styling.

For the purposes of this subchapter, “finish” or “f inishing” means the maintaining and/or holding of previously styled hair for a peri od of time. For the purposes of this subchapter, “styling” mean s the forming, sculpting, or manipulating the hair to temporarily alter the hair 's shape.

(81) (7 7 ) “Heavy-Duty Hand Cleaner or Soap” means a product designed to clean or remove difficult dirt and soils such as oil, grease , grime, tar, shellac, putty, printer’s ink, paint, graphite, cement, carbon, asp halt, or adhesives from the hand with or without the use of water. “Heavy-duty Hand Cleaner or Soap” does notConsumer Products Regulation 2008 Amendments 17 include prescription drug products, “Antimicrobial Hand or Body Cleaner or Soap,” “Astringent/Toner,” “Facial Cleaner or Soap, ” “General-use Hand or Body Cleaner or Soap,” “Medicated Astringent/Medicated T oner” or “Rubbing Alcohol.”

(82) ( 7 8 ) “Herbicide” means a pesticide product designed to kill or retard a plant’s growth, but excludes products that are: (A) for agricultural use, or (B) restricted materials that require a permit for use and possession.

(83) ( 79 ) “Household Product” means any consumer product tha t is primarily designed to be used inside or outside of living quarters or residences that are occupied or intended for occupation by individuals, including t he immediate surroundings.

(84) (8 0 ) “Insect Repellent” means a pesticide product that is designed to be applied on human skin, hair or attire worn on humans in order to prevent contact with or repel biting insects or arthropods.

(85) (8 1 ) “Insecticide” means a pesticide product that is de signed for use against insects or other arthropods, but excluding products that are: (A) for agricultural use, or (B) for a use which requires a structural p est control license under Chapter 14 (commencing with Section 8500) of the Bu siness and Professions Code, or (C) restricted materials that require a permit for use and possession.

(86) (8 2 ) “Insecticide Fogger” means any insecticide product designed to release all or most of its content, as a fog or mist, into indoor areas during a single application.

(87) (8 3 ) “Institutional Product” or “Industrial and Institu tional (I&I) Product” means a consumer product that is designed for use in the ma intenance or operation of an establishment that: (A) manufactures, transports, or sells goods or commodities, or provides services for profit; or (B) is engaged in the nonprofit promotion of a particular public, educational, or charitable cause . “Establishments” include, but are not limited to, government agencies, factories, schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service and parts centers, health clubs, theaters, or transportation companies. “Institutional Product” does not include household products and pr oducts that are incorporated into or used exclusively in the manufacture or cons truction of the goods or

commodities at the site of the establishment.

(88) (8 4 ) “Label” means any written, printed, or graphic mat ter affixed to, applied to, attached to, blown into, formed, molded into, embos sed on, or appearing upon any consumer product or consumer product package, f or purposes of branding, identifying, or giving information with respect to the product or to the contents of the package.

(89) (8 5 ) “Laundry Prewash” means a product that is designed for application to a fabric prior to laundering and that supplements and contributes to theConsumer Products Regulation 2008 Amendments 18 effectiveness of laundry detergents and/or provides specialized performance.

(90) ( 8 6 ) “Laundry Starch/Sizing/Fabric Finish Product” mean s a product that is labeled for application to a fabric, either during or after laundering, to impart and prolong a crisp, fresh look and may also act to help ease i roning of the fabric. “Laundry Starch/Sizing/Fabric Finish Product” includes, but is not limited to, starch, sizing,

and fabric finish. (91) (8 7 ) “Lawn and Garden Insecticide” means an insecticide product labeled designed primarily to be used in household lawn and garden areas to protect plants from insects or other arthropods. Notwithst anding the requirements of section 94512(a) aerosol “Lawn and Garden Insectici des ” may claim to kill insects or other arthropods.

(92) ( 8 8 ) “Liquid” means a substance or mixture of substance s which is capable of a visually detectable flow as determined under ASTM D -4359-90. “Liquid” does not include powders or other materials that are com posed entirely of solid particles.

(93) ( 89 ) ”Lubricant” means a product designed to that reduces friction, heat, noise, or wear between moving parts, or to loosens rusted or immovable parts or

mechanisms. “Lubricant” does not include automotiv e power steering fluids; products for use inside power generating motors, en gines, and turbines, and their associated power-transfer gearboxes; two cycle oils or other products designed to be added to fuels; products for use on the human body or animals or products that are (1) sold exclusively to establishments whi ch manufacture or construct goods or commodities, and (2) labeled “not for reta il sale.”

(94) (9 0 ) “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 car bon atoms, or a chemical

“mixture” comprised solely of “compounds” with more than 12 carbon atoms, as verified by formulation data, and the vapor pres sure and boiling point are unknown; or

(C) is a chemical “compound” with a boiling point greater than 216 o C, as

determined by ARB Method 310; or

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

For the purposes of the definition of LVP-VOC, chem ical “compound” means a

molecule of definite chemical formula and isomeric structure, and chemicalConsumer Products Regulation 2008 Amendments 19 “mixture” means a substance comprised of two or mor e chemical “compounds.”

(95) (9 1 ) “Manufacturer” means any person who imports, manuf actures, assembles, produces, packages, repackages, or relabels a consu mer product.

(96) (9 2 ) “Medicated Astringent/Medicated Toner” means any p roduct regulated as a drug by the Food and Drug Administration (FDA) whic h is applied to the skin for the purpose of cleaning or tightening pores. “Medi cated Astringent/Medicated Toner” includes, but is not limited to, clarifiers and substrate-impregnated products. “Medicated Astringent/Medicated Toner” d oes not include hand, face, or body cleaner or soap products, “Personal Fragran ce Products ,” “Astringent/Toner,” cold cream, lotion, antiperspir ants, or products that must be purchased with a doctor’s prescription.

(97) (9 3 ) “Metal Polish/Cleanser” means any product designed primarily to improve the appearance of finished metal, metallic, or metalliz ed surfaces by physical or chemical action. To “improve the appearance” means to remove or reduce stains, impurities, or oxidation from surfaces or t o make surfaces smooth and shiny. “Metal Polish/Cleanser” includes, but is no t limited to, metal polishes used on brass, silver, chrome, copper, stainless steel a nd other ornamental metals.

“Metal Polish/Cleanser” does not include “Automotiv e Wax, Polish, Sealant or Glaze,” Tire or W w heel c C leaner,” “Paint Remover or Stripper,” products designed and labeled exclusively for automotive and marine detailing, or products designed for use in degreasing tanks.

(98) (9 4 ) ”Mist Spray Adhesive” means any aerosol adhesive w hich is not a “Special Purpose Spray Adhesive” and which delivers a partic le or mist spray, resulting in the formation of fine, discrete particles that yiel d a generally uniform and smooth application of adhesive to the substrate.

(99) “Motor Vehicle Wash” means a product designed or labeled to wash, wash and wax, wash and shine, or wash and/or clean the exter ior surface of motor vehicles. “Motor Vehicle Wash” includes, but is no t limited to, products for use in commercial, fleet, hand, and “drive through” car wa shes; commercial truck washing or large vehicle washing stations; vehicle dealers and repair shops as well as products intended for household consumer us e. “Motor Vehicle Wash” does not include “Bug and Tar Remover,” “Glass Clea ner,” “Tire or Wheel Cleaner,” and products labeled for use exclusively on locomotives or aircraft.

(100) (9 5 ) “Multi-purpose Dry Lubricant” means any lubricant which is: (A) designed

and or labeled to provide lubricity solely by depositing a thin film of graphite, molybdenum disulfide (“moly”), or polytetrafluoroet hylene or closely related fluoropolymer (“teflon”) on surfaces, and (B) desig ned or labeled for general purpose lubrication, or for use in a wide variety o f applications.

(101) (9 6 ) “Multi-purpose Lubricant” means any lubricant desi gned or labeled for generalConsumer Products Regulation 2008 Amendments 20 purpose lubrication, or a lubricant labeled for use in a wide variety of applications. “Multi-purpose Lubricant” does not i nclude “Multi-purpose Dry

Lubricants ,” “Penetrants ,” or “Silicone-based Multi-Purpose Lubricants .”

(102) (97) ”Multi-purpose Solvent” means: (A) for products manufactured before January 1, 200 8: any organic liquid designed to be used for a variety of purposes, incl uding cleaning or degreasing of a variety of substrates, or thinning, dispersing or dissolving other organic materials. “Multi-purpose Solvent” i ncludes solvents used in institutional facilities, except for laboratory rea gents used in analytical, educational, research, scientific or other laborato ries. “Multi-purpose

Solvent” does not include solvents used in cold cle aners, vapor degreasers, conveyorized degreasers or film cleanin g machines, or solvents that are incorporated into, or used exclus ively in the manufacture or construction of, the goods or commodities at the site of the

establishment.

(B) for products manufactured on or after January 1 , 2008: any liquid product designed or labeled to be used for dispersing or di ssolving or removing contaminants or other organic materials. “Multi-pu rpose Solvent” includes (A) products that do not display specific use instr uctions on the product container or packaging, (B) products that do not sp ecify an end-use function or application on the product container or packaging, and (C) solvents used in institutional facilities, except f or laboratory reagents used in analytical, educational, research, scientific orother laboratories. “Multipurpose Solvent” does not include solvents used in cold cleaners, vapor degreasers, conveyorized degreasers or film cleanin g machines, or solvents that are incorporated into, or used exclus ively in the manufacture or construction of, the goods or commodities at the site of the establishment. “Multi-purpose Solvent” also does n ot include any product making any representation that the product may be u sed as, or is suitable for use as a consumer product which qualifies under another definition in section 94508; such products are not Multi-purpose Solvents and are subject to the “Most Restrictive Limit” provision o f section 94512.

(103) ( 9 8 ) “Nail Polish” means any clear or colored coating d esigned for application to the fingernails or toenails and including but not l imited to, lacquers, enamels, acrylics, base coats and top coats.

(104) ( 99 ) “Nail Polish Remover” means a product designed to remove nail polish and coatings from fingernails or toenails.

(105) (10 0 ) “Non-Carbon Containing Compound” means any compoun d which does not contain any carbon atoms.

(106) (10 1 ) “Non-Selective Terrestrial Herbicide” means a terr estrial herbicide productConsumer Products Regulation 2008 Amendments 21 that is toxic to plants without regard to species.

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

malodor molecules. “Odor Remover/Eliminator” does n ot include products designed or labeled for use in cleaning soils from hard surfaces, laundering, softening, de-wrinkling or cleaning fabrics, or dis hwashing, or products that are defined as “Air Freshener,” “Bathroom and Tile Clea ner,” “Carpet/Upholstery Cleaner,” “Fabric Refresher,” “General Purpose Clea ner,” “Toilet/Urinal Care Product,” “Disinfectant,” or “Sanitizer.”

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

(109) (103) “Paint” means any pigmented liquid, liquefiable, or mastic composition designed for application to a substrate in a thin l ayer which is converted to an opaque solid film after application and is used for protection, decoration or identification, or to serve some functional purpose such as the filling or concealing of surface irregularities or the modific ation of light and heat radiation

characteristics.

(110) (104) “Paint Remover or Stripper” means any product desig ned to strip or remove paints or other related coatings, by chemical actio n, from a substrate without markedly affecting the substrate. “Paint Remover o r Stripper” does not include “Multi-purpose Solvents ,” paint brush cleaners, products designed and labe led exclusively as “Graffiti Removers ,” and hand cleaner products that claim to remove paints and other related coatings from skin.

(111) (105) “Paint Thinner” means any liquid product used for r educing the viscosity of coating compositions or components, that prominentl y displays the term “Paint Thinner,” “Lacquer Thinner,” “Thinner,” or “Reducer ” on the front panel of its packaging.

(112) (106) “Penetrant” means a lubricant designed and or labeled primarily to loosen metal parts that have bonded together due to rustin g, oxidation, or other causes. “Penetrant” does not include “Multi-purpose Lubrica nts ” that claim to have penetrating qualities, but are not labeled primaril y to loosen bonded parts.

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

Section 39047.

(114) ( 108) “Personal Fragrance Product” means any product wh ich is applied to the human body or clothing for the primary purpose of a dding a scent or masking a malodor, including, but not limited to, cologne, perfume, aftershave, and toilet water, lotion, powder, body mist, and body spray. “Personal Fragrance Product”Consumer Products Regulation 2008 Amendments 22 does not include: (A) Deodorant, as defined in sec tion 94501(d); (B) medicated products designed primarily to alleviate fungal or bacterial growth on feet or other areas of the body; (C) mouthwashes, breath freshene rs and deodorizers; (D) lotions, moisturizers, powders or other skin care p roducts designed or labeled to

be used primarily to alleviate skin conditions such a s dryness and irritations; (E) products designed exclusively for use on to be applied to human genitalia areas, undergarments, and any paper products, napkins or o ther products that are affixed to undergarments, such as sanitary pads ; (F) soaps, shampoos, and products primarily used to clean the human body; an d (G) fragrance products designed to be used exclusively on non-human animal s. (115) (109) “Pesticide” means and includes any substance or mix ture of substances labeled, designed, or intended for use in preventin g, destroying, repelling or mitigating any pest, or any substance or mixture of substances labeled, designed, or intended for use as a defoliant, desic cant, or plant regulator, provided that the term “pesticide” will not include any substance, mixture of substances, or device which the United States Environmental Pr otection Agency does not consider to be a pesticide.

(116) (110) “Pressurized Gas Duster” means a pressurized produc t labeled to remove dust from a surface solely by means of mass air or gas flow, including surfaces such as photographs, photographic film negatives, c omputer keyboards, and other types of surfaces that cannot be cleaned with solvents. “Pressurized Gas Duster” does not include “Dusting Aid”. ,” “General Purpose Cleaner,” “Electrical Cleaner,” “Electronic Cleaner,” “Energized Electric al Cleaner,” or “Anti-Static Product.” Pressurized Gas Duster does not include p roducts labeled exclusively to remove dust from equipment where dust removal is accomplished when: electric current exists; residual electrical potent ial from a component such as a capacitor exists; or an open flame exists, as long as the “Principal Display Panel” clearly displays the statement: “Energized Equipme nt use only.”

(117) (111) “Principal Display Panel or Panels” means that part , or those parts of a label that are so designed as to most likely be displayed , presented, shown or examined under normal and customary conditions of d isplay or purchase. Whenever a principal display panel appears more tha n once, all requirements pertaining to the “principal display panel” shall p ertain to all such “principal display panels.”

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

(119) (113) “Product Category” means the applicable category wh ich best describes the product as listed in this Section 94508.

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

form as follows:Consumer Products Regulation 2008 Amendments 23 A = Aerosol Product

S = Solid P = Pump Spray L = Liquid

SS = Semisolid

O = Other

(121) (115) “Propellant” means a liquefied or compressed gas t hat 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 conta iner.

(122) (116) “Pump Spray” means a packaging system in which the product ingredients within the container are not under pressure and in which the product is expelled only while a pumping action is applied to a button, trigger or other actuator.

(123) (117) “Responsible Party” means the company, firm or est ablishment 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.

(124) (118) ”Restricted Materials” means pesticides established as restricted materials under Title 3, California Code of Regulations, sect ion 6400. (125) (119) ”Retailer” means any person who sells, supplies, or offers consumer products for sale directly to consumers.

(126) (120) ”Retail Outlet” means any establishment at which co nsumer products are sold, supplied, or offered for sale directly to con sumers.

(127) (121) ”Rubber/Vinyl Protectant” means:

(A) for products manufactured before December 31, 2008: any product

designed to protect, preserve or renew vinyl, rubbe r, and plastic on vehicles, tires, luggage, furniture, and household products such as vinyl covers, clothing, and accessories. “Rubber/Vinyl P rotectant” does not include products primarily designed to clean the wh eel rim, such as aluminum or magnesium wheel cleaners, and tire clea ners that do not leave an appearance-enhancing or protective substan ce on the tire.

(B) for products manufactured on or after Decembe r 31, 2008: any product

labeled to protect, preserve or renew vinyl, or rub ber on vehicles, tires, luggage, furniture, and/or household products such as vinyl covers, clothing, or accessories. “Rubber/Vinyl Protectant ” does not include: products labeled to clean the wheel rim, such as al uminum or magnesium wheel cleaners; tire cleaners that do not leave an appearance-enhancing or protective substance on the tire; pigmented prod ucts designed or labeled to be used primarily for coloring; products used for construction,Consumer Products Regulation 2008 Amendments 24 reconstruction, modification, structural maintenanc e or repair of rubber or vinyl substrates; or products, other than those lab eled to be used on vehicle tires, qualifying as either “Clear Coating” or “Vinyl/Fabric/Leather/Polycarbonate Coating” under section 94521(a).

(128) (122) ”Rubbing Alcohol” means any product containing isop ropyl alcohol (also called isopropanol) or denatured ethanol and labele d for topical use, usually to decrease germs in minor cuts and scrapes, to reliev e minor muscle aches, as a rubefacient, and for massage.

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

are considered disinfectants. “Sanitizer” does not include (A) “Disinfectant,” (B) products labeled solely for use on humans or an imals, (C) products labeled solely for agricultural use, (D) products labeled s olely for use in swimming pools, therapeutic tubs, or hot tubs, (E) products which a re labeled to be used on heat

sensitive critical or semi-critical medical devices or medical equipment surfaces, (F) products which are pre-moistened wipes or towel ettes sold exclusively to medical, convalescent or veterinary establishments (G) products which are labeled to be applied to food-contact surfaces and are not required to be rinsed prior to contact with food, or (H) products which a re labeled as “Bathroom and

Tile Cleaners ,” “Glass Cleaners ,” “General Purpose Cleaners ,” “Toilet/Urinal

Care Products ,” “Metal Polishes ,” “Carpet Cleaners ,” or “Fabric Refreshers ” that may also make sanitizing or anti-microbial claims o n the label.

(130) (124) ”Sealant and or Caulking Compound” means any product with adhesive properties that is designed to fill, seal, waterpro of, or weatherproof gaps or joints

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

“r R emovable caulking compounds” means a compound which temporarily seals

windows or doors for three to six month time interv als. , and

“c C lear/paintable/water resistant caulking compounds” means a compound which contains no appreciable level of opaque fillers or pigments; transmits most or all visible light through the caulk when cured; is pain table; and is immediately resistant to precipitation upon application.Consumer Products Regulation 2008 Amendments 25 “Sealant or Caulking Compound” is divided into two subcategories:

(A) “Chemically Curing Sealant or Caulking Compound” m eans any “Sealant or Caulking Compound” which achieves its final composi tion and physical form through a chemical curing process, where product in gredients participate in a chemical reaction in the presence of a catalyst tha t causes a change in

chemical structure and leads to the release of chem ical byproducts. “Chemically Curing Sealant or Caulking Compound” in cludes, but is not limited to, products that utilize silicone, polyure thane, silyl-terminated polyether, or silyl-terminated polyurethane reactiv e chemistries. “Chemically Curing Sealant or Caulking Compound” does not inclu de products which are not solely dependent on a chemically curing process to achieve the cured

state.

(B) “Non-Chemically Curing Sealant or Caulking Compoun d” means any “Sealant or Caulking Compound” not defined under “Chemically Curing Sealant or Caulking Compound.”

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

(132) (126) ”Shaving Cream” means an aerosol product which disp enses a foam lather intended to be used with a blade or cartridge razor , or other wet-shaving system, in the removal of facial or other bodily hair. “Sh aving Cream” does not include “Shaving Gel.”

(133) (127) “Shaving Gel” means an aerosol product which dispe nses a post-foaming semi-solid designed to be used with a blade, cartri dge razor, or other shaving system in the removal of facial or other bodily hai r. “Shaving Gel” does not include “Shaving Cream.”

(134) (128) ”Silicone-based Multi-purpose Lubricant” means any lubricant which is: (A) designed and labeled to provide lubricity prim arily through the use of silicone compounds including, but not limited to, polydimeth ylsiloxane, and

(B) designed and labeled for general purpose lubri cation, or for use in a wide variety of applications. “Silicone-based Multi-pur pose Lubricant” does not include products designed and labeled exclusively to releas e manufactured products

from molds.

(135) (129 ) “Single Phase Aerosol Air Freshener” means an aero sol air freshener with the liquid contents in a single homogeneous phase a nd which does not require that the product container be shaken before use.

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

detectable flow as determined under ASTM D-4359-90.Consumer Products Regulation 2008 Amendments 26 (137) (131) “Special Purpose Spray Adhesive” means an aerosol a dhesive that meets any of the following definitions:

(A) “Mounting Adhesive” means an aerosol adhesive d esigned to permanently mount photographs, artwork, and any other drawn or printed media to a backing (paper, board, cloth, etc.) without causing discoloration to the

artwork.

(B) “Flexible Vinyl Adhesive” means an aerosol adhe sive designed to bond flexible vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl chloride plastic with at least five percent, by weight, of p lasticizer content. A plasticizer is a material, such as a high boiling p oint organic solvent, that is incorporated into a vinyl to increase its flexibili ty, workability, or distensibility, and may be determined using ASTM Method E260-91 or from product

formulation data.

(C) “Polystyrene Foam Adhesive” means an aerosol ad hesive designed to bond polystyrene foam (e.g. Styrofoam®, expanded polysty rene foam, etc.) to

substrates.

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

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

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

(1) the touch-up or repair of items laminated with high pressure laminates (e.g. lifted edges, delaminations, etc.), or for (2) the touch-up, repair, or attachment of edgeban ding materials, including, but not limited to, other laminates, synthetic marb le, veneers, wood moulding, and decorative metals.

For the purposes of this definition “high pressur e laminate” means sheet materials which consist of paper, fabric, or other core material that have been laminated at temperatures exceeding 265 degree s 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 ap plications which require oil and plasticizer resistance, as well as high she ar strength, at temperatures

of 200-275 o F.Consumer Products Regulation 2008 Amendments 27 (138) (132) “Spot Remover” means any product labeled to clean localized areas, or remove localized spots or stains, on cloth or fabric such as drapes, carpets, upholstery, and or

clothing, that does not require subsequent launder ing to achieve stain removal. “Spot Remover” does not inc lude “Dry Cleaning Fluid,” “Laundry Prewash,” or “ Multi

- purpose Solvent. ” aerosol products labeled solely for gum removal.

(139) (133) “Spray Buff Product” means a product designed to r estore a worn floor finish in conjunction with a floor buffing machine and spe cial pad.

(140) (134) ”Table B Compound” means any carbon-containing comp ound listed as an exception to the definition of VOC in Section 94508

.

(141) (135) ”Temporary Hair Color” means any product that appli es color, glitter, or UV-active pigments to hair, wigs, or fur and is removable when washed. “Temporary Hair Color” includes hair color mousses and products labeled to add texture or thickness to cover thinning/baldi ng areas. “Temporary Hair Color” does not include “Hair Spray,” “Hair St yling Product,” or “Hair

Mousse.”

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

(143) “Tire or Wheel Cleaner” means a product designed o r labeled exclusively to clean either tires, wheels, or both. “Tire or W heel Cleaner” includes, but is not limited to, products for use in commercial, fleet, hand, and “drivethrough” car washes; commercial truck washing or la rge vehicle washing stations; vehicle dealers and repair shops, as well as household consumer products. “Tire or Wheel Cleaner” does not include products labeled for use exclusively on locomotives or aircraft.

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

(145) (138) ”Toilet/Urinal Care Product” means any product desi gned or labeled to clean and/or to deodorize toilet bowls, toilet tanks, or urinals. Toilet bowls, toilet tanks, or urinals includes, but is no t limited to, toilets or urinals connected to permanent plumbing in buildings and ot her structures, portable toilets or urinals placed at temporary or remote lo cations, and toilet or urinals in vehicles such as buses, recreational motor homes, b oats, ships, and aircraft.

“Toilet/Urinal Care Product” does not include “Bath room and Tile Cleaner” or “General Purpose Cleaner.”

(146) (139) ”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 i s either incorporated with the product or contained in a separate chamber within t he product's packaging.Consumer Products Regulation 2008 Amendments 28 (147) (140) ”Type B Propellent” means any halocarbon which is u sed as a propellent including chlorofluorocarbons (CFCs), hydrochlorofl uorocarbons (HCFCs), and hydrofluorocarbons (HFCs).

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

(149) (142) “Undercoating” means any aerosol product designed to impart a protective, non-paint layer to the undercarriage, trunk interio r, and/or firewall of motor vehicles to prevent the formation of rust or to dea den sound. “Undercoating” includes, but is not limited to, rubberized, mastic , or asphaltic products.

(150) (143) ”Usage Directions” means the text or graphics on th e 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.

(151) (1 44) ”Volatile Organic Compound (VOC)” means any compoun d containing at least one atom of carbon, excluding 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), trichlorofluoromethane (CFC-11), dichlorodifluoromethane (CFC-12), 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113), 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114), chloropentafluoroethane (CFC-115), chlorodifluoromethane (HCFC-22), 1,1,1-trifluoro-2,2-dichloroethane (HCFC-123), 1,1-dichloro-1-fluoroethane (HCFC-141b), 1-chloro-1,1-difluoroethane (HCFC-142b), 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124), trifluoromethane (HFC-23), 1,1,2,2-tetrafluoroethane (HFC-134), 1,1,1,2-tetrafluoroethane (HFC-134a), pentafluoroethane (HFC-125), 1,1,1-trifluoroethane (HFC-143a), 1,1-difluoroethane (HFC-152a), ethoxy-nonafluorobutane (HFE 7200), cyclic, branched, or linear completely methylated siloxanes, the following classes of perfluorocarbons:

1. cyclic, branched, or linear, completely fluori nated alkanes;Consumer Products Regulation 2008 Amendments 29 2. cyclic, branched, or linear, completely fluorin ated ethers with no unsaturations; 3. cyclic, branched, or linear, completely fluorin ated tertiary amines with no unsaturations; and 4. sulfur-containing perfluorocarbons with no unsa turations and with the sulfur bonds to carbon and fluorine, and

(B) the following low-reactive organic compounds wh ich have been exempted by the U.S. EPA:

acetone, ethane, methyl acetate, parachlorobenzotrifluoride (1-chloro-4-trifluorom ethyl benzene), perchloroethylene (tetrachloroethylene).

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

(153) (146) ”Wasp and Hornet Insecticide” means any insecticide product that is designed for use against wasps, hornets, yellow jac kets or bees by allowing the user to spray from a distance a directed stream or burst at the intended insects, or their hiding place.

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

Protectants .”

(155) (148) ”Wax” means a material or synthetic thermoplastic s ubstance generally of high molecular weight hydrocarbons or high molecula r weight esters of fatty acids or alcohols, except glycerol and high polymer s (plastics). “Wax” includes, but is not limited to, substances derived from the secretions of plants and animals such as carnuba wax and beeswax, substances of a mineral origin such as ozocerite and paraffin, and synthetic polymers s uch as polyethylene.

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

(157) “Windshield Water Repellent” means a product desig ned or labeled exclusively to repel water from motor vehicle exterior automotive glass surfaces. “Windshield Water Repellent” does not include “Automotive Winds hield Washer Fluid.”

(158) (150) “Wood Cleaner” means a product labeled to clean woo den materials including but not limited to decking, fences, floor ing, logs, cabinetry, and

furniture. “Wood Cleaner” does not include “Dustin g Aid,” General Purpose Cleaner,” “Furniture Maintenance Product,” “Floor W ax Stripper,” “Floor Polish orConsumer Products Regulation 2008 Amendments 30 Wax,” or products designed and labeled exclusively to preserve or color wood.

NOTE: Authority cited: Sections 38501, 38510, 385 60, 38560.5, 38562, 38580, 39600, 39601, and 41712, Health and Safety Code. Referenc e: Sections 38501, 38510,
38560, 38560.5, 38562, 38580, 39002, 39600, 40000, and 41712, Health and Safety

Code.

§ 94509. Standards for Consumer Products.

(a) Except as provided in Sections 94510 (Exemption s), 94511 (Innovative Products), 94514 (Variances), 94540 through 94555 ( Alternative Control Plan), and 94567(a)(1) (Hairspray Credit Program), Title 1 7, California Code of Regulations, no person shall sell, supply, offer fo r 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 th e limits specified in the following Table of Standards after the specified ef fective dates.

Table of Standards Percent Volatile Organic Compound by Weight

Product Category Effective

Date 1 VOC

Standard 2

Adhesive Removers*: 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 removers.] 12/31/2006

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

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

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

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

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

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

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

==========

Adhesives *:

a A erosol**

--------------------------------------------------- -------------------- Mist Spray Adhesives **

--------------------------------------------------- -------------------- Web Spray Adhesives **

--------------------------------------------------- -------------------- Special Purpose Spray Adhesives ** Mounting, Automotive Engine Compartment, and Flexible Vinyl Adhesives Polystyrene Foam and Automobile Headliner

Adhesives Polyolefin and Laminate Repair/Edgebanding 1/1/95

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

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

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

1/1/2002

1/1/2002 75

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

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

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

70

65Consumer Products Regulation 2008 Amendments 31 Adhesives

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

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

======================================= [# * See section 94509(k) for the effective date of the VOC limit for certain types of “Construction, Panel

, and Floor Covering Adhesive, and section 94509(p) for additional requirements that apply to Construct ion, Panel, and Floor Covering Adhesives .]

--------------------------------------------------- ------------------- Contact## Contact Adhesive – General Purpose Contact Adhesive – Special Purpose

======================================== [## See sections 94509(m) and 94512(d) for additional requirements that apply to Contact Adhesives .]

--------------------------------------------------- -------------------- g G eneral p P urpose

======================================== * See section 94510(i) for an exemption that applie s to adhesives sold in containers of one fluid ounce or less.

** See section 94509(k) fo r the effective date of the VOC limit for certain types of “ Construction, Panel, and Floor Covering Adhesives. ” 1/1/2002

===========

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

12/31/2002

12/31/2008

==========

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

12/31/2006

12/31/2006

===========

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

=========== 60

==========

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

15

7

==========

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

55

80

==========

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

=========

Adhesive Removers *: 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 a Adhesive r Removers .] 12/31/2006

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

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

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

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

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

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

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

==========

Aerosol Cooking Sprays 1/1/95 18

Air Fresheners *:

Double Phase Aerosols

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

12/31/2004

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

25

------------------Consumer Products Regulation 2008 Amendments 32 Single Phase Aerosols

--------------------------------------------------- -------------------- Dual Purpose Air Fresheners /Disinfectant

aerosols

--------------------------------------------------- -------------------- liquid/pump sprays

--------------------------------------------------- -------------------- solids /semisolid

======================================== [*See sections 94510(f) and 94510(g)(2) for exemptions that apply to certain Air Fresheners, an d 94509(o) for additional requirements that apply to Air

Fresheners .] 1/1/93

1/1/96

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

1/1/94

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

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

=========== 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 Compounds 1/1/2005 17

Automotive Wax/Polish/Sealant/Glaze:

all other forms

--------------------------------------------------- -------------------- hard paste waxes

--------------------------------------------------- -------------------- instant detailers 1/1/2005

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

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

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

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

Automotive Windshield Washer Fluids : Type “A” areas *

--------------------------------------------------- -------------------- All other areas (all forms)

Dilutable and Pre-Mixed **

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

Automotive Windshield Washer Fluids

.

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

* Type “A” areas include only the following: Del Norte, Shasta and Trinity Counties; the Great Basin Valley, Lake Tahoe, Mountain Counties, and Northeast Plateau Air Basins, as defined in Title 1 7, California Code of Regulations, 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 Cleaners *:

aerosols

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

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

------------------Consumer Products Regulation 2008 Amendments 33 all other forms

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

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

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

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

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

=========

Brake Cleaners 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

Cleaners ** *

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

** See section 94509(k) for the effective date of the VOC limit for Carburetor or Fuel-injection Air Inta ke

Cleaners

. 1/1/95

12/31/2002

12/31/2008

12/31/2010

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

45

20

10

==========

Carpet and / Upholstery Cleaner* : aerosols

--------------------------------------------------- -------------------- non-aerosols (dilutables )

--------------------------------------------------- -------------------- non-aerosols (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 Aids : aerosol

--------------------------------------------------- -------------------- non-aerosol all other forms 1/1/95

1/1/97

12/31/2010

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

12/31/2010 35

25

17

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

3

Electrical Cleaner* 12/31/2006 45Consumer Products Regulation 2008 Amendments 34 ======================================== [*See sections 94509(n) and 94512(d) for additional requirements that apply to Electrical Cleaners .] =========== ==========

Electronic Cleaner*

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

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

==========

Engine Degreasers :

--------------------------------------------------- -------------------- aerosols

--------------------------------------------------- -------------------- non-aerosols 1/1/93

1/1/96

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

12/31/2010

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

50

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

10

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

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

--------------------------------------------------- -------------------- N n on-aerosol 12/31/2006

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

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

Fabric Protectants 1/1/95

1/1/97 75

60 Fabric Softener – Single Use Dryer Product See Section 94509(s)

Floor Maintenance Product 12/31/2010 1

Floor Polishes or Waxes : Resilient Flooring Materials

--------------------------------------------------- -------------------- Nonresilient Flooring Materials

--------------------------------------------------- -------------------- 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-aerosols See Section 94509(j)Consumer Products Regulation 2008 Amendments 35 Footwear or Leather Care Product*:

aerosol

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

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

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

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

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

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

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

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

==========

Furniture Maintenance Products : aerosols

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

----------------- 3 General Purpose Cleaners *:

aerosols and non-aerosols

--------------------------------------------------- -------------------- aerosols

--------------------------------------------------- -------------------- non-aerosols

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

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

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

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

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

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

==========

General Purpose Degreasers *:

aerosols

--------------------------------------------------- -------------------- non-aerosols

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

12/31/2008

12/31/2010

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

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

20

10

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

==========

Glass Cleaners : aerosols

--------------------------------------------------- -------------------- non-aerosols 1/1/93

12/31/2012

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

1/1/96

12/31/2004 12

10

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

6

4

Graffiti Remover*:

aerosols

--------------------------------------------------- ------------------- non-aerosols 12/31/2006

-------------------- 12/31/2006 50

------------------ 30Consumer Products Regulation 2008 Amendments 36 ======================================= [*See section 94509(n) for additional requirements that apply to Graffiti Removers .] =========== ==========

Hair Mousses 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 Gels 1/1/94 6 Hair Styling Product:

aerosols and pump sprays

--------------------------------------------------- ------------------- all other forms 12/31/2006

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

------------------ 2 Heavy-duty Hand Cleaners or Soap 1/1/2005 8 Insect Repellents : A a erosols 1/1/94 65

Insecticides *: Crawling Bug Insecticide (all forms):

--------------------------------------------------- ------------------- aerosol Crawling Bug Insecticide

aerosol

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

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

--------------------------------------------------- ------------------- aerosols

--------------------------------------------------- -------------------- F f oggers

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

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

non

- aerosol Lawn and Garden Insecticide

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:

aerosols /solids

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

. 5Consumer Products Regulation 2008 Amendments 37 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

==========

Nail Polish Removers 1/1/94

1/1/96

12/31/2004

12/31/2007 85

75

0

1

Non-selective Terrestrial Herbicide:

non-aerosols 1/1/2002 3

Odor Remover/Eliminator

aerosol

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

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

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

Oven Cleaners *:

aerosols /pump sprays

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

--------------------------------------------------- -------------------- non-aerosol (including pump sprays and liquids )

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

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

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

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

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

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

==========

Paint Remover or Stripper 1/1/2005 50

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 Products *: 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

==========Consumer Products Regulation 2008 Amendments 38 Pressurized Gas Duster*

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

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

==========

Rubber /Vinyl Protectant:

aerosols

--------------------------------------------------- -------------------- non-aerosols 1/1/2005

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

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

Sanitizer:

aerosol

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

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

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

Sealants and or

Caulking Compounds *

all forms

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

non-aerosol

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

non-aerosol

======================================== [*See sections 94509(q) and 94512(d) for additiona l requirements that apply to Sealant or Caulking Compound] 12/31/2002

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

12/31/2012

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

12/31/2010

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

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

3

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

1.5

==========

Shaving Creams 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* : aerosols

--------------------------------------------------- -------------------- non-aerosols

======================================== [*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:

A a erosol 12/31/2010 55

Tire or Wheel Cleaner

aerosol

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

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

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

Tire Sealants and Inflators 12/31/2002 20Consumer Products Regulation 2008 Amendments 39 Toilet/Urinal Care Product:*

aerosol

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

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

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

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

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

==========

Undercoating:

aerosols 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 exemption that applies to fragrances in consumer products, and section 94510(d) for an exemption that applies to LVP-VOCs.

(b) Products that are diluted prior to use

(1) Except for “Automotive Windshield Washer Flui ds (Dilutable),” for consumer

products for which the label, packaging, or accompa nying literature specifically states that the product should be diluted with wate r or non-VOC solvent prior to use, the limits specified in subsection (a) shall a pply to the product only after the minimum recommended dilution has taken place. For purposes of this subsection (b), “minimum recommended dilution” shall not inclu de recommendations for incidental use of a concentrated product to deal wi th limited special applications

such as hard-to-remove soils or stains.

(2) For consumer products for which the label, pa ckaging, or accompanying literature

states that the product should be diluted with any VOC solvent prior to use, the limits specified in subsection (a) shall apply to t he product only after the maximum recommended dilution has taken place.

(3) For “Automotive Windshield Washer Fluids (Dilutable)” for which the label, packaging, or accompanying literature specifically states that the product should be diluted with water or non-VOC solvent prior to u se;

(A) the VOC limits specified in section 94509(a) sh all apply to the product only after the minimum recommended dilution has taken pl ace;

(B) for the purpose of complying with the VOC limit s specified in section 94509(a), different dilution instructions for “Type A areas” and other areas of California may be specified on the product label if the diluti on instructions meet the following criteria:Consumer Products Regulation 2008 Amendments 40 1. The instructions are readily visible, and

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

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

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

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

(c) Sell-through of products.

(1) Sell-through period

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

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

(B) any consumer product on which the manufacturer has used a code indicating

the date of manufacture that is different than the code specified in section 94512(b)(2), but an explanation of the code has not been filed with the ARB Executive Officer by the deadlines specified in section 94512(c)(1) or

section 94512(c)(2), or

(C) Solid “ Air Fresheners” and “ Toilet/Urinal Care Products ” that contain paradichlorobenzene; these products are subject to the one-year sell-through period specified in section 94509(o).

(D) Products contained in multi-unit packages, as s pecified below:

1. Subsection (c)(1) does not apply to any individ ual consumer products unit contained within a multi-unit package that is produ ced or assembled after January 1, 2006, where the multi-unit package does not display the date(s) or date-code(s) of the individual product units, or display the date of assembly, such that the displayed information is no t readily observable without irreversibly disassembling any portion of t he container or packaging.Consumer Products Regulation 2008 Amendments 41 2. For the purposes of this section, “date of asse mbly” means the date that the individual product units are assembled into the fin ished multi-unit package.

3. For multi-unit packages that display the “date of assembly” instead of the date(s) or date-code(s) of the individual product u nits, the “date of assembly” shall be the “date of manufacture” for al l of the product units contained within the multi-unit package. In other words, all of the product

units shall be deemed to have been manufactured on the date these units are assembled into the multi-unit package, even if the individual product units show different date(s) or date-code(s).

(2) Notification for products sold during the sell-thro ugh period. Any person who sells or supplies a consumer product subject to the Table of Standards in section 94509 must notify the purchaser of the product in w riting of the date on which the sell-through period for that product will end, prov ided, however, that this notification must be given only if all of the follo wing conditions are met:

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

(B) the sell-through period for the product will ex pire 6 months or less from the date the product is sold or supplied;

(C) the product does not comply with the lowest VOC standard that applies on the date the sell-through period ends; and

(D) the product is subject to a VOC standard with a n 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 d ate of the VOC standards specified in subsection (a) is one year after the d ate specified in the Table of Standards. For those consumer products that are re gistered 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 ozone-depleting compounds. For any consumer product for which VOC standards are specified under subsection (a), no person shall sell, supply, offer for sale, or manufacture for sale in California any consumer product which contains any of the following ozone- depleting compounds:

CFC-11 (trichlorofluoromethane), CFC-12 (dichlorodifluoromethane), CFC-113 (1,1,1-trichloro-2,2,2-trifluoroethane), CFC-114 (1-chloro-1,1-difluoro-2-chloro-2,2-difl uoroethane),Consumer Products Regulation 2008 Amendments 42 CFC-115 (chloropentafluoroethane), halon 1211 (b romochlorodifluoromethane), halon 1301 (bromotrifluoromethane), halon 2402 ( dibromotetrafluoroethane), HCFC-22 (chlorodifluoromethane), HCFC-123 (2,2-dichloro-1,1,1-trifluoroethane), HCFC-124 (2-chloro-1,1,1,2-tetrafluoroethane), HCFC-141b (1,1-dichloro-1-fluoroethane), HCFC-142b (1-chloro-1,1-difluoroethane), 1,1,1-tric hloroethane, and carbon

tetrachloride. (f) The requirements of section 94509 (e) shall no t apply to any existing product formulation that complies with the Table of Standar ds or any existing product

formulation that is reformulated to meet the Table of Standards, provided the ozone depleting compound content of the reformulate d product does not

increase.

(g) The requirements of section 94509 (e) shall no t apply to any ozone depleting compounds that may be present as impurities in a co nsumer product in an amount equal to or less than 0.01% by weight of the product.

(h) Requirements for charcoal lighter materials. The following requirements shall apply to all charcoal lighter material products as defined in section 94508(a)( 27 ) :

(1) Regulatory Standards

(A) In all areas of California except the S outh Coast Air Quality Management

District, no person shall sell, supply, or offer fo r sale after January 1, 1993 any charcoal lighter material product unless at the time of the transaction:

1. the manufacturer or distributor of the charco al lighter material has been

issued a currently effective certification pursuant to subsection (h)(2).

2. the charcoal lighter material meets the formulat ion criteria and other conditions specified in the applicable Executive Or der 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 pur suant to subsection (h)(2)(C).

(B) In the South Coast Air Quality Management Distr ict, the regulatory standards specified in subsection (h)(1)(A) shall b e applicable upon the

effective date of this subsection.

(2) Certification Requirements

(A) No charcoal lighter material formulation s hall be certified under this

subsection unless the applicant for certification d emonstrates to the ExecutiveConsumer Products Regulation 2008 Amendments 43 Officer's satisfaction that the VOC emissions from the ignition of charcoal with the charcoal lighter material are less than or equa l to 0.020 pound of VOC per start, using the procedures specified in the South Coast Air Quality Management District Rule 1174 Ignition Method Compl iance Certification Protocol, dated February 27, 1991 (the “SCAQMD Rule 1174 Testing Protocol”). The provisions relating to LVP-VOC in sections 94508(a)( 9 1 ) and 94510(d) shall not apply to any charcoal lighter ma terial subject to the requirements of sections 94509(a) and (h).

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

(C) A manufacturer or distributor of charcoal light er material may apply to the

Executive Officer for certification of a charcoal l ighter material formulation in accordance with this subsection (h)(2). The applic ation shall be in writing and shall include, at a minimum, the following:

1. the results of testing conducted pursuant to the procedures specified in

SCAQMD Rule 1174 Testing Protocol.

2. the exact text and/or graphics that will app ear on the charcoal lighter

material's principal display panel, label, and any accompanying literature. The provided material shall clearly show the usage directions for the product. These directions shall accurately reflect the quantity of charcoal lighter material per pound of charcoal that was use d in the SCAQMD Rule 1174 Testing Protocol for that product, unless :

i) the charcoal lighter material is intended to be used in fixed amounts

independent of the amount of charcoal used, such as certain paraffin cubes, or

ii) the charcoal lighter material is already in corporated into the

charcoal, such as certain “bag light,” “instant lig ht,” or “match light” products.

3. For a charcoal lighter material which meets t he criteria specified in

subsection (h)(2)(C)( 2.)( i), the usage instructions provided to the Executive Officer shall accurately reflect the quan tity of charcoal lighter material used in the SCAQMD Rule 1174 Testing Proto col for that product.

4. Any physical property data, formulation data , or other information

required by the Executive Officer for use in determ ining when a product

modification has occurred and for use in determinin g compliance with the conditions specified on the Executive Order iss ued pursuant toConsumer Products Regulation 2008 Amendments 44 section (h)(2).

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

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

this subsection (h)(2), then he or she shall issue an Executive Ord er certifying the charcoal lighter material formulatio n and specifying such conditions as are necessary to insure that the requ irements of this subsection (h) are met. The Executive Officer shal l act on a complete application within 90 days after the application is deemed complete.

(3) Notice of Modifications

For any charcoal lighter material for which certifi cation has been granted pursuant to subsection (h)(2), the applicant for ce rtification shall notify the Executive Officer in writing within 30 days of: (i ) any change in the usage directions, or (ii) any change in product formulati on, test results, or any other information submitted pursuant to subsection (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 certif ied charcoal lighter material formulation results in VOC emissions from the ignit ion of charcoal which are greater than 0.020 pound of VOC per start, as deter mined by the SCAQMD Rule 1174 Testing Protocol and the statistical anal ysis procedures contained therein, the Executive Officer shall revoke or modi fy the certification as is necessary to assure that the charcoal lighter mater ial will result in VOC emissions of less than or equal to 0.020 pound of V OC per start. The Executive Officer shall not revoke or modify the prior certif ication without first affording the applicant for the certification an opportunity for a hearing in accordance with the procedures specified in Title 17, California Code o f Regulations, Division 3, Chapter 1, Subchapter 1, Article 4 (commencing with section 60040), to

determine if the certification should be modified o r revoked.

(5) Notwithstanding any other provision of this su bsection 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 area s of California except the South Coast Air Quality Management District. Charcoal li ghter material products subject to SCAQMD Rule 1174 and sold, supplied, or offered for sale in the South Coast Air Quality Management District shall m eet the requirements ofConsumer Products Regulation 2008 Amendments 45 section 94509(h) upon the effective date of this su bsection, 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 sectio n 41712(h)(2), the standards for

aerosol adhesives apply to all uses of aerosol adhe sives, including consumer, industrial, and commercial uses. Except as otherwi se provided in sections 94509(c), 94510, 94511, and 94514, no person shall sell, supply, offer for sale, use or manufacture for sale in California any aeros ol adhesive which, at the time of sale, use, or manufacture, contains VOCs in excess of the specified

standard. (2)(A) In order to qualify as a “Special Purpose S pray Adhesive” the product must

meet one or more of the definitions for “Special Pu rpose Spray Adhesive” specified in section 94508(a)( 13 1 ) , but if the product label indicates that the product is suitable for use on any substrate or app lication not listed in one of the definitions for “Special Purpose Spray Adhes ive,” then the product shall be classified as either a “Web Spray Adhesive ” or a “Mist Spray

Adhesive.”

(B) If a product meets more than one of the d efinitions specified in section

94508(a)( 13 1 ) for “Special Purpose Spray Adhesive,” and is not c lassified 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 person shall sel l, supply, offer for sale, or manufacture for use in California any aerosol ad hesive which contains any

of the following compounds: methylene chloride, pe rchloroethylene, or trichloroethylene, except that an aerosol adhesive manufactured before 1/1/2002 may be sold, supplied, or offered for sale until 1/1/2005, so long as the product container or package displays the da te on which the product was manufactured, or a code indicating such date.

(4) All aerosol adhesives must comply with the la beling requirements specified

in section 94512(d), and all manufacturers and resp onsible parties for aerosol adhesives must comply with the special repo rting 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, of fer for sale, or manufacture for use in California any floor wax stripper unle ss the following requirements

are met:

(1) The label of each non-aerosol floor wax stripp er must specify a dilution ratio forConsumer Products Regulation 2008 Amendments 46 light or medium build-up of polish that results in an as-used VOC concentration of 3 percent by weight or less.

(2) If a non-aerosol floor wax stripper is also in tended to be used for removal of heavy build-up of polish, the label of that floor w ax stripper must specify a dilution ratio for heavy build-up of polish that results in an as-used VOC concentration of 12 percent by weight or less.

(3) The terms “light build-up,” “medium build-up” o r “heavy build-up” are not specifically required, as long as comparable termin ology 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 “Carburet or or Fuel-injection Air Intake Cleaners” and “Construction, Panel, and Floor Cover ing Adhesives” were modified as part of the “Mid-term Measures II” rule making action that was considered by the Board in October 1999. As a resu lt of these modifications, certain types of consumer products were included in these definitions that had not previously been included. For those consumer p roducts that were included in

these definitions for the first time as a result of the “Mid-term Measures II” rulemaking action, the VOC limits (in section 94509 (a)) applicable to these newly included products shall not become legally effectiv e until December 31, 2002.

(l) Automotive Windshield Washer Fluids. The provisions of subsection 94509(b)(1) shall not apply to “Automotive Windshield Washer Fl uid (Pre-Mixed)” as defined in section 94508(a)(2 0 )

.

(m) Requirements for Contact Adhesives, Electronic Clea ners, 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 sell, supply, of fer for sale, or manufacture for use in California any Contact Adhes ive, Electronic Cleaner,

Footwear or Leather Care Product

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

(2) Sell-through of Products . Contact Adhesives, Electronic Cleaners, Footwear or Leather Care Products, and General Purpose Degre asers that contain methylene chloride, perchloroethylene, or trichloro ethylene and were manufactured before December 31, 2005, may be sold, supplied, or offered for sale until December 31, 2008, so long as the pr oduct container or package displays the date on which the product was manufact ured, or a code indicating such date.Consumer Products Regulation 2008 Amendments 47 (3) Notification for products sold during the sell-thro ugh period. Any person who sells or supplies a consumer product identified abo ve in section 94509(m)(1) must notify the purchaser of the product in writing that the sell-through period for that product will end on December 31, 2008, pro vided, however, that this notification must be given only if both of the foll owing conditions are met:

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

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

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

(n) Requirements for Adhesive Removers, Electrical Clea ners, and Graffiti

Removers.

(1) Except as provided below in sections 94509(n) (2) and (n)(4), effective

December 31, 2006, no person shall sell, supply, of fer for sale, or manufacture for use in California any Adhesive Remo ver, Electrical Cleaner, or Graffiti Remover that contains any of the follow ing compounds: methylene chloride, perchloroethylene, or trichloro ethylene.

(2) Sell-through of Products . Adhesive Removers, Electrical Cleaners, and Graffiti Removers that contain methylene chloride, perchloroethylene, or trichloroethylene and were manufactured before Dece mber 31, 2006, may be sold, supplied, or offered for sale until December 31, 2009, so long as the product container or package displays the date on w hich the product was manufactured, or a code indicating such date.

(3) Notification for products sold during the sell-thro ugh period. Any person who sells or supplies a consumer product identified abo ve 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, pro vided, however, that this notification must be given only if both of the foll owing conditions are met:

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

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

(4) Impurities . The requirements of section 94509(n)(1) and (n)(3 ) shall not apply to any Adhesive Remover, Electrical Cleaner, or Gra ffiti Remover containingConsumer Products Regulation 2008 Amendments 48 methylene chloride, perchloroethylene, or trichloro ethylene that is present as an impurity in a combined amount equal to or less t han 0.01% by weight.

(o) Requirements for Solid Air Fresheners and Toilet/Ur inal Care Products.

(1) Effective December 31, 2005, no person shall se ll, supply, offer for sale, or manufacture for use in California any Solid Air Fre sheners or Toilet/Urinal Care Products that contain para-dichlorobenzene, ex cept that Solid Air

Fresheners and Toilet/Urinal Care Products that con tain paradichlorobenzene and were manufactured before Decemb er 31, 2005 may be sold, supplied, or offered for sale until December 31, 2006, so long as the product container or package displays the date on w hich the product was manufactured, or a code indicating such date.

(2) Notification for products sold during the sell-thro ugh period. Any person who sells or supplies any Solid Air Freshener or Toilet /Urinal Care Product that contains para-dichlorobenzene must notify the purch aser of the product in writing that the sell-through period for the produc t will end on December 31, 2006, provided, however, that this notification mus t be given only if both of the following conditions are met:

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

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

(p) Requirements for Bathroom and Tile Cleaners, Constr uction, Panel, and Floor Covering Adhesives, electronic cleaners labeled as energized electronic equipment use only, General Purpose Cleaners, and O ven Cleaners.

(1) Except as provided below in sections 94509(p) (2) and (p)(4), effective

December 31, 2008, no person shall sell, supply, of fer for sale, or manufacture for use in California any Bathroom and Tile Cleaner, Construction, Panel, and Floor Covering Adhesive, e lectronic cleaners labeled as energized electronic equipment use only, General Purpose Cleaner, or Oven Cleaner that contains any of the f ollowing compounds: methylene chloride, perchloroethylene, or trichloro ethylene.

(2) Sell-through of Products. Bathroom and Tile Cleaners, Construction, Panel, and Floor Covering Adhesives, electronic cleaners l abeled as energized electronic equipment use only, General Purpose Clea ners, and Oven Cleaners that contain methylene chloride, perchloro ethylene, or trichloroethylene and were manufactured before Dece mber 31, 2008, may be sold, supplied, or offered for sale until December 31, 2011, so long as the product container or package displays the date on w hich the pr oduct was

manufactured , or a code indicating such date. complies with the product dating requirements in section 94512(b).Consumer Products Regulation 2008 Amendments 49 (3) Notification for products sold during the sell-thro ugh period. Any person who sells or supplies a consumer product identified abo ve in section 94509(p)(1) must notify the purchaser of the product in writing that the sell-through period for that product will end on December 31, 2011, pro vided, however, that this notification must be given only if both of the foll owing conditions are met:

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

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

(4) Impurities . The requirements of section 94509(p)(1) and (p)(3 ) shall not apply to any Bathroom and Tile Cleaner, Construction, Pan el, and Floor Covering Adhesive, electronic cleaner labeled as energized e lectronic equipment use only, General Purpose Cleaner, or Oven Cleaner cont aining methylene chloride, perchloroethylene, or trichloroethylene t hat is present as an impurity in a combined amount equal to or less than 0.01% by weight.

(q) Requirements for Carpet/Upholstery Cleaner, 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 sell, supply, of fer for sale, or manufacture for use in California any Carpet/Uphols tery Cleaner, Fabric Protectant, Multi-Purpose Lubricant, Penetrant, Sea lant or Caulking Compound, or Spot Remover that contains any of the following compounds: methylene chloride, perchloroethylene, or trichloro ethylene.

(2) Sell-through of Products. Carpet/Upholstery Cleaners, Fabric Protectants, Multi-Purpose Lubricants, Penetrants, Sealant or Ca ulking Compound and Spot Removers that contain methylene chloride, perc hloroethylene, or trichloroethylene and were manufactured before Dece mber 31, 2010, may be sold, supplied, or offered for sale until December 31, 2013, so long as the product complies with the product dating requiremen ts in section 94512(b).

(3) Notification for products sold during the sell-thro ugh period. Any person who sells or supplies a consumer product identified abo ve 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, pro vided, however, that this notification must be given only if both of the foll owing conditions are met:

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

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

(4) Impurities . The requirements of section 94509(q)(1) and (q)(3 ) shall not applyConsumer Products Regulation 2008 Amendments 50 to any Carpet/Upholstery Cleaner, Fabric Protectant , Multi-Purpose Lubricant, Penetrant, Sealant or Caulking Compound, or Spot Re mover containing methylene chloride, perchloroethylene, or trichloro ethylene that is present as an impurity in a combined amount equal to or less t han 0.01% by weight.

(5) The requirements of this section 94509(q) shall no t apply to “Penetrant” products used on equipment when electrical current exists; residual electrical potential from a component exists; or an open flame exists, as long as the “Principal Display Panel” clearly displays the stat ement: “Non-flammable: For use on energized equipment only.”

(r) Requirements for Pressurized Gas Duster.

(1) Except as provided below in sections 94509(r)(2) a nd (r)(3), effective December 31, 2010, no person shall sell, supply, of fer for sale, or manufacture for use in California any Pressurized G as Duster product that contains methylene chloride, perchloroethylene, 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 pr oduct complies with the product dating requirements in section 94512(b).

(3) Notification for products sold during the sell-thro ugh period . Any person who sells or supplies a Pressurized Gas Duster identifi ed above in section 94509(r)(2) must notify the purchaser of the produc t, in writing, that the sellthrough period for that product will end on Decembe r 31, 2011, provided, however, that this notification must be given only if both of the following

conditions are met:

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

(B) the product is sold or supplied on or after June 3 0, 2011.

(4) The provisions relating to fragrance in section 94 510(c) shall not apply to any

Pressurized Gas Duster subject to the 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 Pressurized Gas Duster containing any chemical compound that is present as an impurity in a combined amount equa l to or less than 0.1% by weight.

(s) Requirements for Fabric Softener – Single Use Drye r Product.Consumer Products Regulation 2008 Amendments 51 (1) Effective December 31, 2010, Fabric Softener – Single Use Dryer Product shall not contain more than 0.05 grams of VOC per use. C ompliance with the VOC limit shall be determined per sheet, or equivalent delivery substrate, based on the minimum recommended use for a single drying cycle s pecified on the product packaging or label. In other words, if one sheet i s the minimum recommended use for a single drying cycle, then the VOC limit a pplies per sheet. If two sheets are the minimum recommended use for a single drying cycle, then the VOC limit applies to the aggregate VOC content in two sheets. For purposes of this subsection, “minimum recommended use” shall not inc lude recommendations for incidental use of additional sheets, or equivalent delivery substrate, for limited applications such as for extra large or double load s of washable fabrics in large capacity clothes dryers.

(2) The provisions relating to fragrance in section 94510(c) shall not apply to Fabric Softener – Single Use Dryer Product subject to the requirements of this subsection 94509(s)(1).

NOTE: Authority cited: Sections 38500, 38501, 3851 0, 38560, 38560.5, 38562, 38580, 39600, 39601, 39650, 39658, 39659, 39666, and 41712 , Health and Safety Code. Reference: Sections 38505, 39002, 39600, 39650, 39655, 39656, 39658, 39659, 39666, 40000, and 41712, Health and Safety Code.

§ 94510. Exemptions.

(a) This article shall not apply to any consumer pr oduct manufactured in California for shipment and use outside of California.

(b) The provisions of this article shall not apply to a manufacturer or distributor who sells, supplies, or offers for sale in California a consumer product that does not comply with the VOC standards specified in Section 94509, as long as the

manufacturer or distributor can demonstrate both th at the consumer product is intended for shipment and use outside of California , and that the manufacturer or distributor has taken reasonable prudent precaution s to assure that the consumer product is not distributed to California. This sub section (b) does not apply to consumer products that are sold, supplied, or offer ed for sale by any person to retail

outlets in California.

(c) Except for Fabric Softener – Single Use Dryer P roduct and Pressurized Gas Duster,

t T he VOC limits specified in Section 94509(a) shall n ot apply to fragrances up to a combined level of 2 percent by weight contained in any consumer product.

(d) The VOC limits specified in Section 94509(a) sh all not apply to any LVP-VOC.

(e) The requirements of Section 94512(b) shall not apply to consumer products registered under the Federal Insecticide, Fungicide , and Rodenticide Act, (FIFRA; 7Consumer Products Regulation 2008 Amendments 52 U.S.C. Section 136-36y).

(f) The VOC limits specified in Section 94509(a) sh all not apply to air fresheners that are comprised entirely of fragrance, less compounds not defined as VOCs under Section 94508 or exempted under Section 94510(d).

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

(1) insecticides containing at least 98% para- dichlorobenzene.

(2) Until December 30, 2006, the VOC limits specif ied in Section 94509(a) shall not apply to solid air fresheners containing at least 9 8% 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) below, t T he VOC limits specified in Section 94509(a) shall not apply to:

(1) existing personal fragrance products or persona l fragrance products in development on or before April 1, 1992, provided th at both (i) the registration data specified in section 94513 is submitted for every s uch product by the date specified in section 94513(a), or prior to July 1, 1993, whichever date occurs later, and (ii) such product is sold in California prior t o January 1, 1994. For the purposes of this subsection, a product “in developm ent” means:

(A) a product which a fragrance materials manufac turer is designing at the

request of a personal fragrance product manufacture r, or

(B) a product which is the subject of a written m arketing profile or other

documentation authorizing the creation and marketin g of the product.

(2) personal fragrance products in development may be registered to qualify for this exemption under hypothetical trade names or pseudon yms, provided that the actual trade name is supplied to the Executive Offi cer within 30 days of marketing such products, or January 1, 1994, whiche ver occurs first.

(3) Effective December 31, 2014, subsections 94510( h)(1) and 94510(h)(2) shall no longer apply to any “Personal Fragrance Product” th at contains 20 percent or less fragrance. Products manufactured before Decem ber 31, 2014 may be sold, supplied, or offered for sale until December 31, 20 17, so long as the product complies with the product dating requirements in Se ction 94512(b).

(i) The VOC limits specified in Section 94509(a) sh all not apply to adhesives sold in

containers of 1 fluid ounce or less.

(j) The VOC limits specified in Section 94509(a) sh all not apply to any VOC which is aConsumer Products Regulation 2008 Amendments 53 fragrance in a personal fragrance product.

(k) The VOC limits specified in Section 94509(a) sh all not apply to bait station insecticides. For the purpose of this section, bai t station insecticides are containers enclosing an insecticidal bait that is not more tha n 0.5 ounce by weight, where the bait is designed to be ingested by insects and is c omposed of solid material feeding stimulants with less than 5 percent (%) active ingr edients.

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

(1) On or after December 31, 2014, the 75 percent b y weight VOC limit shall apply to any “Personal Fragrance Product” that contains 20 p ercent or less fragrance. Products manufactured before December 31, 2014 may be sold, supplied, or offered for sale until December 31, 2017, so long a s the product complies with the product dating requirements in Section 94512(b)

.

NOTE: Authority cited: Sections 39600, 39601 and 4 1712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, and 41712 , Health and Safety Code.

§ 94512. Administrative Requirements.

(a) Most Restrictive Limit

.

(1) Products Manufactured Before January 1, 2007, and F IFRA-registered Insecticides Manufactured Before January 1, 2008. Notwithstanding the definition of “Product Category” in Section 94508, if anywhere on the principal display panel of any consumer product manufactured before January 1, 2007, or any FIFRA-registered insecticide manufactured before Ja nuary 1, 2008 , any representation is made that the product may be used as, or is suitable for use as a consumer product for which a lower VOC limit is spe cified in Section 94509(a), then the lowest VOC limit shall apply. This 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, 20 08. Notwithstanding the definition of “product category” in Section 94508, if anywhere on the container or packaging of any consumer product manufactured on o r after January 1, 2007, or any FIFRA-registered insecticide manufactured on or after January 1, 2008, or on any sticker or label affixed thereto, any represent ation is made that the product may be used as, or is suitable for use as a consumer pr oduct for which a lower VOC limit is specified in Section 94509(a), then the lowest V OC limit shall apply. This requirement does not apply to general purpose clean ers and insecticide foggers.Consumer Products Regulation 2008 Amendments 54 (3) Rules that Apply when a Product Category Definition Excludes Other Product Categories.

If a definition of a regulated product category in section 94508(a) states that the product category “does not include” one or more oth er product categories, the “most restrictive limit” provisions of section 94512(a) a pply to regulated products that meet the definition of the regulated product category an d also make any representation that the regulated product may be used as (or is su itable for use as) a product that falls within one or more of the excluded product ca tegories. Notwithstanding the foregoing above, this provision does not apply to “Disinfectant”/”Sanitizer” products labeled as “Bathroom and Tile Cleaners,” “Glass Cle aners,” “General Purpose Cleaners,” “Toilet/Urinal Care Products,” “Metal Po lishes,” “Carpet Cleaners,” or “Fabric Refreshers” that may also make disinfecting /sanitizing or anti-microbial

claims on the label.

For example, if the definition for Regulated Produc t Category A states that it “does not include” Regulated Product Category B, then the “most restrictive limit” provisions apply to a regulated product that meets the definition of Regulated Product Category A, but also makes a representation 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 may be use d as (or is suitable for use as) Regulated Category Product B, then the regulated pr oduct would be subject to the lowest VOC limit specified in section 94509(a) for either Product Category A or Product Category B. For the purposes of this section:

“Regulated product” means a consumer product for wh ich 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 statements qualify as a “representation” depends on the date the product was manufactured an d whether the statements appear on the “principal display panel” or other pa rts of the product container or packaging.)

(b) Product Dating

.

(1) Each manufacturer of a consumer product subject to Section 94509 shall clearly display on each consumer product container or packa ge, the day, month, and year on which the product was manufactured, or a co de indicating such date. Codes that represent a sequential batch number, or that otherwise cannot be attributed to a specific day, month, and year, do n ot satisfy this requirement.

(2) A manufacturer who uses the following code to i ndicate the date of manufacture shall not be subject to the requirements of section 94512(c)(1), if the code isConsumer Products Regulation 2008 Amendments 55 represented separately from other codes on the prod uct container so that it is easily recognizable:

YY DDD = year year day day day

Where: “YY” = two digits representing the yea r 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 t he first day of the year, “002” representing the second day of the year , and so forth (i.e. the “Julian date”)

(3) This date or code shall be displayed on each c onsumer product container or package no later than twelve months prior to the ef fective date of the applicable standard specified in Section 94509.

(4) Except as otherwise provided in subsection (b)( 5), for products manufactured on or after January 1, 2006, the date or code shall be displayed on the product container such that it is readily observable withou t irreversibly disassembling any portion of the product container or packaging. For the purposes of this subsection, information may be displayed on the bot tom 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 su bsection (b)(4), the “sell-through” provisions of section 94509(c)(1) sh all not apply to the individual product units contained within the multi -unit package. In other words, if any multi-unit package produced or assemb led after January 1, 2006, does not display the date(s) or da te-code(s) of the product units, such that the displayed information is readi ly observable without irreversibly disassembling any portion of the conta iner or packaging, the individual product units shall be subject to the VO C standards in effect when the multi-unit package is sold, supplied, or offere d for sale, regardless of the date on which the product units were manufactured.

(C) A multi-unit package may comply with subsectio n (b)(4) by displaying the

date of assembly instead of the date(s) or date-cod e(s) of the individual product units, so long as the date of assembly is r eadily observable without irreversibly disassembling any portion of the conta iner or packaging. The “date of assembly” means the date that the individu al product units are assembled into the finished multi-unit package. If the date of assembly isConsumer Products Regulation 2008 Amendments 56 displayed instead of the individual date(s) or date -code(s), the “date of assembly” shall be the “date of manufacture” for al l of the product units contained within the multi-unit package. In other words, all of the product

units shall be deemed to have been manufactured on the date these units are assembled into the multi-unit package, even if the individual product units show different date(s) or date-code(s), and the “da te of assembly” shall be “date of manufacture” of each product unit for the purposes of applying the “sell-through” provisions of section 94509(c).

(6) The requirements of this subsection (b) shall n ot apply to:

(A) personal fragrance products of 2 milliliters or less, which are offered to consumers free of charge for the purpose of samplin g the product; or

(B) products containing no VOCs (as defined in sec tion 94508), or containing VOCs at 0.10% by weight or less.

(c) Additional Product Dating Requirements

(1) If a manufacturer uses a code indicating the da te of manufacture, for any consumer product subject to section 94509 an explan ation of the code must

be filed with the Executive Officer of the ARB no l ater than twelve months prior to the effective date of the applicable stand ard specified in section 94509. Thereafter, manufacturers using a code must file an explanation of

the code with the Executive Officer on an annual ba sis, 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 indicating t he date of manufacture for any consumer product subject to subsection (c)(1), an explanation of the modified code must be received by the Executive Off icer before any products displaying the modified code are sold, supplied, or offered for sale in

California.

(3) No person shall erase, alter, deface, or othe rwise 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 manufacture are public information and may not

be claimed as confidential.

(d) Additional Labeling Requirements for Aerosol Adhesi ves , Adhesive Removers

, Electronic Cleaner, Electrical Cleaner, Energ ized Electrical Cleaner, and Contact

Adhesives , and Sealant or Caulking Compound (non-aerosol).Consumer Products Regulation 2008 Amendments 57 (1) In addition to the requirements specified in subsections (a), (b), and (c), both the manufacturer and responsible party for each a erosol adhesive, adhesive remover, electronic cleaner, electrical cleaner, en ergized electrical cleaner,

and contact adhesive product, and sealant or caulking c ompound (nonaerosol) subject to this article shall ensure that all produ cts clearly display the following information on each product container which is manufactured on or after the effective date for the category spe cified in section 94509(a), except that for non-chemically curing sealant or ca ulking compound (nonaerosol), the effective date of this requirement 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 specified in sectio n 94509(a) or an

abbreviation of the category shall be displayed;

(B) 1. The applicable VOC standard for the prod uct that is specified in

section 94509(a), except for Energized Electrical C leaner, expressed as a percentage by weight, shall be displ ayed unless the product is included in an alternative control p lan approved by the Executive Officer, as provided in Article 4, Se ctions 94540- 94555, Title 17, California Code of Regulations, an d the product exceeds the applicable VOC standard;

2. If the product is included in an alternati ve control plan approved

by the Executive Officer, and the product exceeds t he applicable VOC standard specified in section 94509(a), the pro duct shall be labeled with the term “ACP” or “ACP product;”

(C) If the product is classified as a special p urpose spray adhesive, the

applicable substrate and/or application or an abbre viation of the substrate/application that qualifies the product as special purpose shall be displayed;

(D) If the manufacturer or responsible party use s an abbreviation as allowed

by this subsection 94512(d)(1)(A) , an explanation of the abbreviation

must be filed with the Executive Officer before the abbreviation is used.

(2) The information required in section 94512(d)(1 ), shall be displayed on the

product container such that it is readily observabl e without removing or disassembling any portion of the product container or packaging. For the purposes of this subsection, information may be dis played on the bottom of a container as long as it is clearly legible without removing any product packaging.

(3) No person shall remove, alter, conceal, or def ace the information required in

section 94512(d)(1) prior to final sale of the prod uct.Consumer Products Regulation 2008 Amendments 58 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 Offi cer may require any responsible party to report information for any con sumer product or products the Executive Officer may specify including, but not li mited 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 by the Executive Officer, the Executive Officer may re quire the reporting of this information by the person that has the information, including, but not limited to, any formulator, manufacturer, supplier, parent company, private labeler, distributor, or repackager.

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

(2) any claim of confidentiality made pursuant to T itle 17, California Code of Regulations, Section 91011;

(3) the product brand name for each consumer produc t and the product label;

(4) the product category to which the consumer prod uct belongs;

(5) the applicable product form(s) listed separatel y;

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

(7) separate California sales in pounds per year, t o 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 compan ies shall be submitted by the date specified in Section 94513(a);

(9) for each product brand name and form, the net percent by weight of the total product, less container and packaging, comprised of the following, rounded to the nearest one-tenth of a percent (0.1%):

(A) Total Table B Compounds (B) Total LVP-VOCs that are not fragrances (C) Total All Other Carbon-Containing Compounds t hat are not fragrances (D) Total All Non-Carbon-Containing Compounds (E) Total FragranceConsumer Products Regulation 2008 Amendments 59 (F) For products containing greater than two perc ent by weight fragrance, but

excluding “personal fragrance products”: (i) the percent of fragrance that are LVP-VOCs, and (ii) the percent of fragrance that are all other carbon-containing compounds (G) For “personal fragrance products,” the densit y of the fragrance (H) Total Para-dichlorobenzene

(10) for each product brand name and form, the ide ntity, including the specific

chemical name and associated Chemical Abstract Serv ices (CAS) number, of the following:

(A) Each Table B Compound (B) Each LVP-VOC that is not a fragrance

(11) if applicable, the weight percent comprised o f propellant for each product;

(12) if applicable, an identification of the type of propellant (Type A, Type B, Type C, or a blend of the different types);

(b) In addition to the requirements of section 9451 3(a)(10), the responsible party shall report or shall arrange to have reported to the Exe cutive Officer the net percent by weight of each ozone-depleting compound which is (1 ) listed in section 94509(e) and (2) contained in a product subject to reporting und er section 94513(a) in any amount greater than 0.1 percent by weight.

(c) All information submitted by any person pursuan t to Section 94513 shall be handled in accordance with the procedures specified in Titl e 17, California Code of Regulations, Sections 91000-91022.

(d) Special Reporting Requirements for Aerosol Adhesive s

On or before March 31, 2004, all responsible partie s for aerosol adhesives shall report to the Executive Officer the following infor mation for products sold or offered

for sale in California:

(1) data regarding product sales and composition f or the year 2003, including the information listed in Section 94513(a), and any oth er information that the Executive Officer may specify; and

(2) a written update of the research and developmen t efforts undertaken to achieve VOC limits lower than the limits specified in secti on 94509(a). The written update

must include detailed information about the raw mat erials (solvents, propellants, resins, and polymers) and hardware (valves, actuato rs, cans) used in product reformulation, the testing protocols used, the resu lts of the testing, and the cost

of reformulation efforts.Consumer Products Regulation 2008 Amendments 60 (3) On or before December 31, 2003, the Executive O fficer shall notify responsible parties in writing that they are to submit aerosol adhesive product and research data by March 31, 2004.

(e) Special Reporting Requirements for Consumer Product s that Contain Perchloroethylene or Methylene Chloride :

(1) The requirements of this subsection shall apply to all responsible parties for:

(A) consumer products that are subject to section 94509(a) and contain perchloroethylene or methylene chloride, and

(B) Energized Electrical Cleaners as defined in se ction 94508(a) (47 ) , that contain perchloroethylene or methylene chloride. F or the purposes of this subsection, a product “contains perchloroethylene o r methylene chloride” if the product contains 1.0 percent or more by weight (exclusive of the container or packaging) of either perchloroethylene or methyl ene chloride.

(2) For each consumer product that contains perchl oroethylene or methylene chloride, the responsible party shall report the fo llowing information for products sold in California during each calendar year, begin ning with the year 2000, and ending with the year 2010.

(A) the product brand name and a copy of the produc t label with legible usage instructions;

(B) the product category to which the consumer prod uct belongs;

(C) the applicable product form(s) (listed separate ly);

(D) for each product form listed in (C), the total sales in California during the calendar year to the nearest pound (exclusive of th e 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. Th e first report shall be due on March 1, 2001, for calendar year 2000. A new repor t 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 shall make the perchloroethylene information submitted pursuant to this subsection available to publicly owned treatment works in California, in accordance with the procedu res for handling of confidential information specified in Title 17, California Code of Regulations, sections 91000-Consumer Products Regulation 2008 Amendments 61 91022.

(A) On or before July 1, 2002, the Executive Office r shall evaluate the information, along with data on influent and efflue nt levels of perchloroethylene as reported by publicly-owned tre atment works personnel and any other relevant information, to determine if it is likely that publicly-owned treatment works are experiencing inc reased levels of perchloroethylene, relative to 1996 levels, that ca n be attributed to consumer products which contain perchloroethylene.

(B) If the Executive Officer determines that it i s likely that increased

perchloroethylene levels at the publicly-owned trea tment works are caused by increased levels of perchloroethylene in consume r products subject to this regulation, then the Executive Officer shall, in co njunction with the publicly-owned treatment works and other appropriat e parties, implement measures which are feasible, appropriate, and neces sary for reducing perchloroethylene levels at the publicly-owned trea tment works.

(f) Special Reporting Requirements for Multi-purpose Lu bricant and Penetrant products

(1) On or before March 31, 2012, all responsible part ies for Multi-purpose Lubricant and Penetrant products shall report to the Executiv e Officer the following information for products sold or offered for sale i n California:

(A) data regarding product sales and composition for t he 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 e fforts undertaken to achieve the 25 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 reactivity (MIR) value s for any VOC or LVPVOC used or evaluated, the function of the raw mate rial evaluated, hardware used in product reformulation, the testing protocol s used, the results of the testing, and the cost of reformulation efforts.

(2) On or before March 31, 2014, all responsible part ies for Multi-purpose Lubricant products shall report to the Executive Officer the following information for products sold or offered for sale in California:

(A) data regarding product sales and composition for t he year 2013, including

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

(B) a written update of the research and development e fforts undertaken to achieve the 10 percent VOC limit specified in secti on 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, theConsumer Products Regulation 2008 Amendments 62 function of the raw material evaluated, hardware us ed in product reformulation, the testing protocols used, the resu lts of the testing, and the

cost of reformulation efforts.

NOTE: Authority cited: Sections 39600, 39601, 415 11, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, 41 511, 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 requiremen ts of this article, shall be performed using Air Resources Board Method 310, Det ermination of Volatile Organic Compounds (VOC) in Consumer Products, adopt ed September 25, 1997 and as last amended on May 5, 2005, which is incorp orated herein by reference. Alternative methods which are shown to accurately d etermine the concentration of VOCs in a subject product or its emissions may b e used upon approval of the

Executive Officer.

(2) In sections 3.5, 3.6, and 3.7 of Air Resourc es Board (ARB) Method 310, a process is specified for the “Initial Determination of VOC Content” and the “Final Determination of VOC Content”. This process is an integral part of testing procedure set forth in ARB Method 310, and is repro duced below:

Sections 3.5, 3.6, and 3.7 of Air Resources Board Method 310

3.5 Initial Determination of VOC Content. The Executive Officer will

determine the VOC content pursuant to sections 3.2 and 3.3. Only those components with concentrations equal to or greater than 0.1 percent by weight will be reported.

3.5.1 Using the appropriate formula specified in section 4.0, the Executive

Officer will make an initial determination of wheth er the product meets the applicable VOC standards specified in ARB regul ations. If initial results show that the product does not meet the app licable VOC standards, the Executive Officer may perform additi onal testing to

confirm the initial results.

3.5.2 If the results obtained under section 3.5.1 s how that the product does not meet the applicable VOC standards, the Executiv e Officer will request the product manufacturer or responsible par ty to supply product formulation data. The manufacturer or responsible party shall supply the requested information. Information submitted t o the ARB Executive Officer may be claimed as confidential; such inform ation will be handled in accordance with the confidentiality procedures s pecified in Title 17, California Code of Regulations, sections 91000 to 9 1022.Consumer Products Regulation 2008 Amendments 63 3.5.3 If the information supplied by the manufac turer or responsible party

shows that the product does not meet the applicable VOC standards, then the Executive Officer will take appropriate en forcement action.

3.5.4 If the manufacturer or responsible party f ails to provide formulation

data as specified in section 3.5.2, the initial det ermination of VOC

content under this section 3.5 shall determine if t he product is in compliance with the applicable VOC standards. This determination may be used to establish a violation of ARB regulat ions.

3.6 Determination of the LVP-VOC status of compou nds and mixtures. This

section does not apply to antiperspirant and deodor ants or aerosol coating products because there is no LVP-VOC exemption for these products.

3.6.1 Formulation data. If the vapor pressure i s unknown, the following

ASTM methods may be used to determine the LVP-VOC s tatus of compounds and mixtures: ASTM D 86-01, ASTM D 850-00 , ASTM D 1078-01, ASTM D 2879-97, as modified in Appendix B to this Method 310, ASTM D 2887-01 and ASTM E 1719-97.

3.6.2 LVP-VOC status of “compounds” or “mixtures .” The Executive Officer

will test a sample of the LVP-VOC used in the produ ct formulation to determine the boiling point for a compound or for a mixture. If the boiling point exceeds 216 o C, the compound or mixture is an LVP-VOC. If the boiling point is less than 216 o C, then the weight percent of the

mixture which boils above 216 o C is an LVP-VOC. The Executive Officer will use the nearest 5 percent distillation cut that is greater than

216 o C as determined under 3.6.1 to determine the percen tage of the mixture qualifying as an LVP-VOC.

3.6.3 Reference method for identification of LVP -VOC compounds and

mixtures. If a product does not qualify as an LVP- VOC under 3.6.2, the Executive Officer will test a sample of the com pound or mixture used in a product’ s formulation utilizing one or both of the followin g: ASTM D 2879-97, as modified in Appendix B to this M ethod 310, and ASTM E 1719-97, to determine if the compound or mix ture meets the requirements of Title 17, CCR, section 94508(a)(94) (90) (A).

3.7 Final Determination of VOC Content . If a product’s compliance status is not satisfactorily resolved under sections 3.5 and 3.6, the Executive Officer will conduct further analyses and testing as necessary t o verify the formulation

data.

3.7.1 If the accuracy of the supplied formulat ion data is verified and the

product sample is determined to meet the applicable VOC standards,Consumer Products Regulation 2008 Amendments 64 then no enforcement action for violation of the VOC standards will be

taken.

3.7.2 If the Executive Officer is unable to ve rify the accuracy of the supplied

formulation data, then the Executive Officer will r equest the product manufacturer or responsible party to supply informa tion to explain the discrepancy.

3.7.3 If there exists a discrepancy that cannot be resolved between the

results of Method 310 and the supplied formulation data, then the results of Method 310 shall take precedence over th e supplied

formulation data. The results of Method 310 shall then determine if the product is in compliance with the applicable VOC st andards, and may be used to establish a violation of ARB regulations

.

(b) VOC content determinations using product formul ation and records. Testing to determine compliance with the requirements of this article may also be demonstrated through calculation of the VOC content from records of the amounts of constituents used to make the product pursuant to t he following criteria:

(1) Compliance determination s based on these records may not be used unless the manufacturer of a consumer product keeps accura te records for each day of production of the amount and chemical compositio n of the individual product constituents. These records must be kept f or at least three years.

(2) For the purposes of this section 94515(b), the VOC content shall be calculated according to the following equation:

where,

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

B = total weight of all VOCs, as defined in Sectio n 94508(a), per unit

C = total weight of VOCs exempted under Section 94 510, per unit

(3) If product records appear to demonstrate compli ance with the VOC limits, but these records are contradicted by product testing p erformed using ARB Method 310, the results of ARB Method 310 shall ta ke precedence over the product records and may be used to establish a viol ation of the requirements of

this article.

(c) Determination of liquid or solid. Testing to d etermine whether a product is a liquid or VOC Content = B - C x 100

AConsumer Products Regulation 2008 Amendments 65 solid shall be performed using ASTM D4359-90, which is incorporated by reference

herein.

(d) Compliance determinations for charcoal lighter material products. Testing to determine compliance with the certification require ments for charcoal lighter material shall be performed using the procedures specified i n the South Coast Air Quality Management District Rule 1174 Ignition Method Compl iance Certification Protocol (February 28, 1991), which is incorporated by refer ence herein.

(e) Testing to determine distillation points of pet roleum distillate-based charcoal lighter materials shall be performed using ASTM D86-01, whi ch is incorporated by

reference herein.

(f) Fragrance content determinations for personal f ragrance products. Testing to determine the percent by weight of fragrance in per sonal fragrance products shall be performed according to the Association of Official Analytical Chemists (AOAC) Official Method of Analysis No. 932.11, 1990, “Esse ntial Oil in Flavor Extracts and Toilet Preparations, Babcock Method” (AOAC Official Methods of Analysis, 15th Edition, 1990), which is incorporated by refe rence herein.

(g) No person shall create, alter, falsify, or othe rwise modify records in such a way that the records do not accurately reflect the constitue nts 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, 396 07, 41511, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 39 607, 40000, 41511, and 41712, Health and Safety Code.