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Proposed Modified Regulatory Language for 

Second 15-day Public Comment Period 

Note: Shown below are the staff’s modifications to the proposed regulatory language set 

forth in Attachment 1 to the Notice of Public Availability of Modified Text that was 

released on January 14, 2010, for a 15-day public comment period. Only those portions 

containing the proposed modifications are included. For those portions for which no 

modifications are proposed, the text has been omitted and the omission indicated by 

 “* * * *.” The originally proposed regulatory language is shown in underline to indicate 

additions and strikeout to show deletions. The proposed modifications released on 

January 14, 2010, are shown in double underline to indicate additions and double 

strikeout to show deletions. The proposed modifications being made available for this 

Second 15-day public comment period are shown in bold double underline to indicate 

additions and bold double strikeout to indicate deletions. 

Consumer Products Regulation

Proposed Modifications to section 94508, Definitions. 

Modify title 17, California Code of Regulations (CCR), section 94508(a) to read as 

follows: 

* * * * 

(115)(116)(111)“Paint Thinner” means any liquid product used for reducing the viscosity 

of coating compositions or components, that prominently displays the term “Paint 

Thinner,” “Lacquer Thinner,” “Thinner,” or “Reducer” on the front panel of its 

packaging. “Paint Thinner” does not include thinners labeled for the 

thinning of Industrial Maintenance Coatings, Zinc-Rich Primers, and High 

Temperature Coatings. “Paint Thinner” also does not include products 

labeled and used exclusively as a component in a specific coating. “Paint 

Thinner” also does not include “Artist’s Solvent/Thinner.” “Paint Thinner” 

does not include any of the following products:

(A) “Artist’s Solvent/Thinner;”

(B) products that are sold in containers with a capacity of 5 gallons or 

more and labeled exclusively for the thinning of Industrial Maintenance 

Coatings, Zinc-Rich Primers, or High Temperature Coatings;

(C) products labeled and used exclusively as an ingredient in a specific 

coating or coating brand line, whereby the coating would not be 

complete or useable without the specific ingredient;

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

 (1) the Principle Display Panel of the product displays, in a font size as 

large as, or larger than, the font size of all other words on the 

panel, language that the product is used exclusively for the 

thinning of Industrial Maintenance Coatings, Zinc-Rich Primers, or 
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High Temperature Coatings, and

 (2) no representation is made anywhere on the product container or 

packaging, or any label or sticker attached thereto, that the product 

is suitable for use or may be used for any other purpose except the 

thinning of Industrial Maintenance Coatings, Zinc-Rich Primers, or 

High Temperature Coatings

* * * * 

Proposed Modifications to section 94512, Administrative Requirements. 

Modify title 17, CCR, section 94512(e) to read as follows: 

* * * * 

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

 (1) In addition to the requirements specified in section 94512(a), (b), and (c), both 

the manufacturer and responsible party for each Multi-purpose Solvent and 

Paint Thinner sold or offered for sale in areas of California outside the South 

Coast Air Quality Management District shall ensure that all products 

manufactured on or after the effective date for the category specified in section 

94509(a), meet the following requirements:

 (A) Each product container must clearly display the VOC content in percent 

by weight as determined from actual formulation data.

 (B) The information required by this subsection 94512(e)(1), shall be 

displayed on the product container such that it is readily observable 

without removing or disassembling any portion of the product container 

or packaging. 

 (C) No person shall remove, alter, conceal, or deface the information 

required by this subsection 94512(e)(1) prior to final sale of the product.

(2) The following requirements apply in In addition to the requirements specified in 

section 94512(a), (b), and (c), and (e)(1):

 (1)(A) Except as provided below in section 94512(e)(2)(B), effective 

December 31, 2010, until December 31, 2015, no person shall sell, 

supply, offer for sale, or manufacture for use in California any 

“Flammable” or “Extremely Flammable” Multi-purpose Solvent or Paint 

Thinner named, on the Principle Display Panel as “Paint Thinner,” “Multipurpose Solvent,” “Clean-up Solvent,” or “Paint Clean-up.”

 (2)(B) Section 94512(e)(2)(1)(A) does not apply to products that 

meet either any of the following criteria:
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 (A)1. Products which include an attached “hang tag,” or 

sticker, or contrasting square or rectangular area on the 

Principle Display Panel that displays, at a minimum, the 

following statements: “Formulated to meet California VOC 

limits; see warnings on label; Vea las advertencias en la 

etiqueta, formulado complacientes con leyes de California.”

in a font size as large as or larger than the “signal word” as 

specified in title 16, Code of Federal Regulations, section 

1500.121, “DANGER,” “WARNING,” or “CAUTION,” or 

 (B)2. Products where the Principle Display Panel displays, in 

English and Spanish and a font size as large as or larger 

than the font size of any other words on the panel, the 

common name of the chemical compound (e.g., “Acetone,” 

“Methyl acetate,” etc.) that results in the product meeting the 

criteria for “Flammable” or “Extremely Flammable.”

 (2) Section 94512(e)(1) does not apply to products that meet either 

of the following criteria:

 

 (A) Products which include an attached “hang tag,” sticker, 

or contrasting square or rectangular area on the Principle 

Display Panel that displays, at a minimum, the following 

statements in a font size as large as, or larger than, the 

“signal word” (i.e., “DANGER,” “WARNING,” or “CAUTION”) 

as specified in title 16, Code of Federal Regulations, section 

1500.121: 

 “Formulated to meet California VOC limits; see warnings 

on label; Vea las advertencias en la etiqueta, formulado 

 complacientes con leyes de California” or 

 (B) Products where the Principle Display Panel displays, in 

both English and Spanish and in a font size as large as, or 

larger than, the font size of all other words on the panel, the 

common name of the chemical compound (e.g., “Acetone,” 

“Methyl acetate,” etc.) that results in the product meeting the 

criteria for “Flammable” or “Extremely Flammable.”

 (3)(C) For the purposes of this subsection (e)(2), a product is 

“Flammable” or Extremely Flammable” if it is labeled as “Flammable” or 

“Extremely Flammable” on the product container, or if the product meets 

the criteria for these terms specified in title 16, Code of Federal 

Regulations, section 1500.3(c)(6).

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