3 

2a. Consumer Products Regulation, clean format. 
Consumer Products Regulation 1 (includes the June 2008 amendments) 

FINAL REGULATION ORDER 

REGULATION FOR REDUCING EMISSIONS 

FROM CONSUMER PRODUCTS 

SUBCHAPTER 8.5 CONSUMER PRODUCTS 

Article 2. Consumer Products 

94507. Applicability. 

Except as provided in Sections 94509(i) and 94510, this article shall apply to any 

person who sells, supplies, offers for sale, or manufactures consumer products 

for use in the state of California. 

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

Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code. 

§ 94508. Definitions.

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

(1) “Adhesive” means any product that is used to bond one surface to another by 

attachment. “Adhesive” does not include products used on humans and animals, 

adhesive tape, contact paper, wallpaper, shelf liners, or any other product with an 

adhesive 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 units of product, less 

packaging, which weigh more than one pound and consist of more than 16 fluid 

ounces. This limitation does not apply to aerosol adhesives. 

(2) “Adhesive Remover” means a product designed to remove adhesive from either 

a specific substrate or a variety of substrates. “Adhesive Remover” does not 

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

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

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

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

substances used for the purpose of forming a bond. 

(A) “Floor or Wall Covering Adhesive Remover” means a product 

designed or labeled to remove floor or wall coverings and associated 

adhesive from the underlying substrate. 
Consumer Products Regulation 2 (includes the June 2008 amendments) 

(B) “Gasket or Thread Locking Adhesive Remover” means a product designed 

or labeled to remove gaskets or thread locking adhesives. Products 

labeled for dual use as a paint stripper and gasket remover and/or thread 

locking adhesive remover are considered “Gasket or Thread Locking 

Adhesive Remover.” 

(C) “General Purpose Adhesive Remover” means a product designed or 

labeled to remove cyanoacrylate adhesives as well as non-reactive 

adhesives or residue from a variety of substrates. “General Purpose 

Adhesive Remover” includes, but is not limited to, products that remove 

thermoplastic adhesives; pressure sensitive adhesives; dextrine or 

starch-based adhesives; casein glues; rubber or latex-based adhesives; 

as well as products that remove stickers; decals; stencils; or similar 

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

or Wall Covering Adhesive Remover.” 

 

(D) “Specialty Adhesive Remover” means a product designed to remove 

reactive adhesives from a variety of substrates. Reactive adhesives 

include adhesives that require a hardener or catalyst in order for the bond 

to occur. Examples of reactive adhesives 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 purpose spray adhesives, mist 

spray adhesives, and web spray adhesives. 

(4) “Aerosol Cooking Spray” means any aerosol product designed either to reduce 

sticking on cooking and baking surfaces or to be applied on food, or both. 

(5) “Aerosol Product” means a pressurized spray system that dispenses product 

ingredients by means of a propellant contained in a product or a product's 

container, or by means of a mechanically induced force. “Aerosol Product” does 

not include “Pump Spray.” 

(6) “Agricultural Use” means the use of any pesticide or method or device for the 

control of pests in connection with the commercial production, storage or 

processing of any animal or plant crop. “Agricultural Use” does not include the 

sale or use of pesticides in properly labeled packages or containers which are 

intended for: (A) Home use, (B) Use in structural pest control, or (C) Industrial or 

Institutional use. For the purposes of this definition only: 

“Home use” means use in a household or its immediate environment. 
Consumer Products Regulation 3 (includes the June 2008 amendments) 

“Structural pest control” means a use requiring a license under Chapter 14 

(commencing with Section 8500), Division 3, of the Business and 

Professions Code. 

“Industrial use” means use for or in a manufacturing, mining, or chemical 

process or use in the operation of factories, processing plants, and similar 

sites. 

 

“Institutional use” means use within the confines of, or on property 

necessary for the operation of buildings such as hospitals, schools, 

libraries, auditoriums, and office complexes. 

(7) “Air Freshener” means any product including, but not limited to, sprays, wicks, 

wipes, diffusers, powders, and crystals, designed or labeled for the purpose of 

masking odors, or freshening, cleaning, scenting, or deodorizing the air. “Air 

Freshener” includes dual purpose air freshener/disinfectant products. “Air 

Freshener” does not include products 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 all other compounds which 

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

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

VOC standard is specified. Unless specified otherwise by the applicable VOC 

standard, “all other forms” include, but are not limited to, solids, liquids (which 

includes the liquid containing or liquid impregnated portion of the cloth or paper 

wipes (towelettes), wicks, powders, and crystals. 

(10) “Antimicrobial Hand or Body Cleaner or Soap” means a cleaner or soap which is 

designed to reduce the level of microorganisms on the skin through germicidal 

activity, and is regulated as an over-the-counter drug by the U.S. Food and Drug 

Administration. “Antimicrobial Hand or Body Cleaner or Soap” includes, but is 

not limited to, (A) antimicrobial hand or body washes/cleaners, (B) foodhandler 

hand washes, (C) healthcare personnel hand washes, (D) pre-operative skin 

preparations and (E) surgical scrubs. “Antimicrobial Hand or Body Cleaner or 

Soap” does not include prescription drug products, antiperspirants, 

“Astringent/Toner,” deodorant, “Facial Cleaner or Soap,” “General-use Hand or 

Body Cleaner or Soap,” “Hand Dishwashing Detergent” (including antimicrobial), 

“Heavy-duty Hand Cleaner or Soap,” “Medicated Astringent/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. “Anti-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.” 
Consumer Products Regulation 4 (includes the June 2008 amendments) 

(12) “Architectural Coating” means a coating applied 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 designed or labeled to be applied to the 

skin for the purpose of cleaning or tightening pores. This category also includes 

clarifiers and substrate-impregnated products. This category does not include 

any hand, face, or body cleaner or soap product, “Medicated 

Astringent/Medicated Toner,” cold cream, lotion, antiperspirant, or any 

Astringent/Toner product regulated as a drug by the United States Food and 

Drug Administration (FDA). 

(15) “Automotive Hard Paste Wax” means an automotive 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 automobiles and wiped off prior to the 

product being allowed to dry. 

(17) “Automotive Rubbing or Polishing Compound” means 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” means a product designed to seal 

out moisture, increase gloss, or otherwise enhance a motor vehicle’s painted 

surfaces. “Automotive Wax, Polish, Sealant or Glaze” includes, but is not limited 

to, products designed for use in autobody repair shops and “drive-through” car 

washes, as well as products designed for the general public. “Automotive Wax, 

Polish, Sealant or Glaze” does not include “Automotive Rubbing or Polishing 

Compound,” automotive wash and wax products, surfactant-containing car wash 

products, and products designed for use on unpainted surfaces such as 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). 
Consumer Products Regulation 5 (includes the June 2008 amendments) 

“Automotive Windshield Washer Fluid (Dilutable)” does not include any fluid 

which is placed in a new motor vehicle at the time the vehicle is manufactured. 

(20) “Automotive Windshield Washer Fluid (Pre-Mixed)” means any liquid which 

meets the following criteria: 

(A) the product is sold in a container with a capacity that is greater than one 

quart, but less than 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 purpose of cleaning, 

washing, bug removal, or wetting the windshield(s). 

“Automotive Windshield Washer Fluid (Pre-Mixed)” does not include any fluid 

which is placed in a new motor vehicle at the time the vehicle is manufactured. 

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

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

 “Toilet/Urinal Care Product.” 

(22) “Brake Cleaner” means a cleaning product designed or labeled to remove oil, 

grease, brake fluid, brake pad material or dirt from 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 without causing damage to the 

finish: (A) biological-type residues such as insect carcasses and tree sap and, 

(B) road grime, such as road tar, roadway paint markings, and asphalt. 

(24) “California Sales” means the sales (net pounds of product, less packaging and 

container, per year) in California for either the calendar year immediately prior to 

the year that the information required by the Executive Officer pursuant to section 

94513 (required information) is due or, if that data is not available, any 

consecutive 12 month period commencing no earlier than 2 years prior to the due 

date of the required information. If direct sales data for California is not available, 

sales may be estimated by prorating national or regional sales data by 

population. 

(25) “Carburetor or Fuel-Injection Air Intake Cleaner” means a product designed or 

labeled to remove fuel deposits, dirt, or other contaminants from a carburetor, 

choke, throttle body of a fuel-injection system, or associated linkages. 

“Carburetor or Fuel-injection Air Intake Cleaner” does not include products 

designed or labeled exclusively to be introduced directly into the fuel lines or fuel 

storage tank prior to introduction into the carburetor or fuel injectors, or products 

designed or labeled exclusively to be introduced during engine operation directly 

into air intake vacuum lines by using a pressurized sprayer wand. 
Consumer Products Regulation 6 (includes the June 2008 amendments) 

(26) “Carpet/Upholstery Cleaner” means a cleaning product designed or labeled for 

the purpose of eliminating dirt or stains on rugs, carpeting, or objects upholstered 

or covered with fabrics such as wool, cotton, nylon or other synthetic fabrics. 

“Carpet/Upholstery Cleaner” includes, but is not limited to, products used on 

household furniture, the interior of motor vehicles, and products that make 

”Fabric Protectant” claims. “Carpet/Upholstery Cleaner” does not include “Spot 

Remover,” vinyl or leather cleaners, ”Dry Cleaning Fluids,” or products designed 

exclusively for use at industrial facilities engaged in furniture or carpet 

manufacturing. 

(27) “Charcoal Lighter Material” means any combustible material designed to be 

applied on, incorporated in, added to, or used with charcoal to enhance ignition. 

“Charcoal Lighter Material” does not include any of the following: (A) electrical 

starters and probes, (B) metallic cylinders using paper tinder, (C) natural gas, 

(D) propane, and (E) fat wood. 

(28) “Colorant” means any pigment or coloring material used in a consumer product 

for an aesthetic effect, or to dramatize an ingredient. 

(29) “Construction, Panel, and Floor Covering Adhesive” means any non-aerosol, 

one-component adhesive that is designed or labeled for the installation, 

remodeling, maintenance, or repair of: (A) structural and building components 

that include, but are not limited to, beams, trusses, studs, paneling (drywall or 

drywall laminates, fiberglass reinforced plastic (FRP), plywood, particle board, 

insulation board, pre-decorated hardboard or tileboard, etc.), ceiling and 

acoustical tile, molding, fixtures, countertops or countertop laminates, cove or 

wall bases, and flooring or subflooring; or (B) floor or wall coverings that include, 

but are not limited to, wood or simulated wood covering, carpet, carpet pad or 

cushion, vinyl-backed carpet, flexible flooring material, nonresilient flooring 

material, mirror tiles and other types of tiles, and artificial grass. “Construction, 

Panel, and Floor Covering Adhesive” does not include “Floor Seam Sealer.” 

(30) “Consumer” means any person who seeks, purchases, or acquires any 

consumer product for personal, family, household, or institutional use. Persons 

acquiring a consumer product for resale are not “consumers” for that product. 

(31) “Consumer Product” means a chemically formulated product used by household 

and institutional consumers including, but not limited to, detergents; cleaning 

compounds; polishes; floor finishes; cosmetics; personal care products; home, 

lawn, and garden products; disinfectants; sanitizers; aerosol paints; and 

automotive 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 adhesives, including aerosol 

adhesives used for consumer, industrial, and commercial uses. 
Consumer Products Regulation 7 (includes the June 2008 amendments) 

(32) “Contact Adhesive” means a non-aerosol adhesive that: (A) is designed for 

application to both surfaces to be bonded together, and (B) is allowed to dry 

before the two surfaces are placed in contact with each other, and (C) forms an 

immediate bond that is impossible, or difficult, to reposition after both adhesivecoated surfaces are placed in contact with each other, and (D) does not need 

sustained pressure or clamping of surfaces after the adhesive-coated surfaces 

have been brought together using sufficient momentary pressure to establish full 

contact between both surfaces. “Contact Adhesive” does not include rubber 

cements that are primarily intended for use on paper substrates. “Contact 

Adhesive” also does not include 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 contact adhesive that: (A) is used 

to bond melamine-covered board, unprimed metal, unsupported vinyl, Teflon, 

ultra-high molecular weight polyethylene, rubber, high pressure laminate or wood 

veneer 1/16 inch or less in thickness to any porous or nonporous surface, and is 

sold in units of product, less packaging, that contain more than eight fluid 

ounces, or (B) is used in automotive applications that 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, incorporate, deliver, dispense, wrap 

or store the chemically formulated substance or mixture of substances which is 

solely responsible for accomplishing the purposes for which the product was 

designed or intended. “Container/Packaging” includes any article onto or into 

which the principal display panel and other accompanying literature or graphics 

are incorporated, etched, printed or attached. 

(36) “Crawling Bug Insecticide” means any insecticide product that is designed for use 

against ants, cockroaches, or other household crawling arthropods, including, but 

not limited to, mites, silverfish or spiders. “Crawling Bug Insecticide” does not 

include products designed to be used exclusively on humans or animals, or any 

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

“House dust mite product” means a product whose label, packaging, or 

accompanying literature states that the product is suitable for use against 

house dust mites, but does not indicate that the product is suitable for use 

against ants, cockroaches, or other household crawling arthropods. 

“House dust mite” means mites which feed primarily on skin cells shed in the 

home by humans and pets and which belong to the phylum Arthropoda, the 
Consumer Products Regulation 8 (includes the June 2008 amendments) 

subphylum Chelicerata, the class Arachnida, the subclass Acari, the order 

Astigmata, and the family Pyroglyphidae. 

(37) “Deodorant Body Spray” means: 

(A) for products manufactured before January 1, 2006: a “Personal 

Fragrance Product” with 20 percent or less fragrance. 

(B) for products manufactured on or after January 1, 2006: a “Personal 

Fragrance Product” with 20 percent or less fragrance, that is designed 

for application all over the human body to provide a scent. A 

“Deodorant Body Spray” product that indicates or depicts on the 

container or packaging, or on any sticker or label affixed thereto, that it 

can be used on or applied to the human axilla, is a “Deodorant” as 

defined in section 94501(d). 

(38) “Device” means any instrument or contrivance (other than a firearm) which is 

designed for trapping, destroying, repelling, or mitigating any pest or any other 

form of plant or animal life (other than man and other than bacteria, virus, or 

other microorganism on or in living man or other living animals); but not including 

equipment used for the application of pesticides when sold separately therefrom. 

(39) “Disinfectant” means a product that is labeled as a “disinfectant”, or is labeled to 

destroy or irreversibly inactivate infectious or other undesirable bacteria, 

pathogenic fungi, or viruses on surfaces or inanimate objects and whose label is 

registered as a “disinfectant” under the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA, 7 U.S.C. 136, et seq.). Products that are labeled as 

both a “sanitizer” and a “disinfectant” are considered disinfectants. “Disinfectant” 

does not include any of the following: (A) products labeled solely for use on 

human or animals, (B) products labeled solely for agricultural use, (C) products 

labeled solely for use in swimming pools, therapeutic tubs, or hot tubs, (D) 

products which are labeled to be used on heat sensitive critical or semi-critical 

medical devices or medical equipment surfaces (E) products which are premoistened wipes or towelettes sold exclusively to medical, convalescent, or 

veterinary establishments, (F) products which are labeled to be applied to 

food-contact surfaces and are not required to be rinsed prior to contact with food, 

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 consumer product is sold or supplied 

for the purposes of resale or distribution in commerce, except that 

manufacturers, retailers, and consumers are not distributors. 
Consumer Products Regulation 9 (includes the June 2008 amendments) 

(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 an emulsion. 

(42) “Dry Cleaning Fluid” means any non-aqueous liquid product designed and 

labeled exclusively for use on: (1) fabrics which are labeled “for dry clean only,” 

such as clothing or drapery; or (2) “S-coded” fabrics. “Dry Cleaning Fluid” 

includes, but is not limited to, those products used by commercial dry cleaners 

and commercial businesses that clean fabrics such as draperies at the 

customer’s residence or work place. “Dry Cleaning Fluid” does not include “Spot 

Remover” or “Carpet/Upholstery Cleaner.” For the purposes of this definition, 

 S-coded fabric means an upholstery fabric designed to be cleaned only with 

water-free spot cleaning products as specified by the Joint Industry Fabric 

Standards Committee.” 

(43) “Dual Purpose Air Freshener/Disinfectant” means an aerosol product that is 

represented on the product container for use as both a disinfectant and an air 

freshener, or is so represented on any sticker, label, packaging, or literature 

attached to the product container. 

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

and other soils from floors and other surfaces without leaving a wax or silicone 

based coating. “Dusting Aid” does not include “Pressurized Gas Duster.” 

(45) “Electrical Cleaner” means a product labeled to remove heavy soils such 

as grease, grime, or oil from electrical equipment, including, but not limited 

to, electric motors, armatures, relays, electric panels, or generators. Electrical 

Cleaner does not include “General Purpose Cleaner,” “General Purpose 

Degreaser,” “Dusting Aid,” “Electronic Cleaner,” “Energized Electrical Cleaner,” 

“Pressurized Gas Duster,” “Engine Degreaser,” “Anti-Static Product,” or products 

designed to clean the casings or housings of electrical 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, compact disc (CD) players, digital 

video disc (DVD) players, and computers. “Electronic Cleaner” does not include 

“General Purpose Cleaner,” “General Purpose Degreaser,” “Dusting Aid,” 

“Pressurized Gas Duster,” “Engine Degreaser,” “Electrical Cleaner,” “Energized 

Electrical Cleaner,” “Anti-Static Product,” or products labeled to clean the casings 

or housings of electronic equipment. “Electronic Cleaner” does not include any 

product that meets both of the following criteria: 

1) the product is labeled to clean and/or degrease electronic equipment, where 

cleaning and/or degreasing is accomplished when electrical current exists, or 

when there is a residual electrical potential from a component; 
Consumer Products Regulation 10 (includes the June 2008 amendments) 

2) the product label clearly displays the statements: “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 electrical current exists, or 

when there is a residual electrical potential from a component such as a 

capacitor; 

 2) the product label clearly displays the statements: “Energized Equipment use 

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

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

(48) “Engine Degreaser” means a cleaning product designed or labeled to remove 

grease, grime, oil and other contaminants from the external surfaces of engines 

and other mechanical parts. 

(49) “Executive Officer” means the Executive Officer of the Air Resources Board, or 

his or her delegate. 

(50) “Existing Product” means any formulation of the same product category and form 

sold, supplied, manufactured, or offered for sale in California prior to the following 

dates, or any subsequently introduced identical formulation: 

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

effective dates of January 1, 1993, or January 1, 1994; 

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

effective dates of January 1, 1995, or January 1, 1997, and charcoal lighter 

materials subject to section 94509(h); 

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

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

 January 1, 2005; 

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

listed in section 94509(a): “Non-aerosol General Purpose Degreaser,” 

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

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

effective date of December 31, 2006, December 31, 2008, or 

December 31, 2009; and 
Consumer Products Regulation 11 (includes the June 2008 amendments) 

 (F) December 8, 2007, for all products listed in section 94509(a) that have an 

initial effective date of December 31, 2008, or December 31, 2010 for Brake 

Cleaner, Carburetor or Fuel-Injection Air Intake Cleaner, Aerosol Engine 

Degreaser, Resilient Flooring Material, Nonresilient Flooring Material, 

Aerosol General Purpose Degreaser, and Aerosol Temporary Hair Color. 

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

effective date of December 31, 2010, or December 31, 2012, 

 December 31, 2013, or December 31, 2014. 

(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 Protectant” does not include 

“Waterproofers,” products designed for use solely on leather, or products 

designed for use solely on fabrics which are labeled “for dry clean only” 

and sold in containers of 10 fluid ounces or less. 

 (B) for products manufactured on or after December 31, 2008: a product 

designed or labeled to be applied to fabric substrates to protect the 

surface from soiling from dirt or other impurities or to reduce absorption of 

liquid into the fabric’s fibers. “Fabric Protectant” does not include 

“Waterproofers,” or products labeled for use solely on leather. “Fabric 

Protectant” does not include pigmented products that are designed or 

labeled to be used primarily for coloring, products used for construction, 

reconstruction, modification, structural maintenance or repair of fabric 

substrates, or products that renew or restore fabric and qualifying as either 

“Clear Coating” or “Vinyl/Fabric/Leather/Polycarbonate Coating” under 

section 94521(a). 

(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 upholstered or covered with 

fabrics such as, but not limited to, wool, cotton, or nylon. “Fabric Refresher” does 

not include “Anti-static Product,” “Carpet/Upholstery Cleaner,” “Footwear or 

Leather Care Product,” “Spot Remover,” or “Disinfectant,” or products labeled for 

application to both 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 dryer to impart softness to, or 

control static cling of, a load of washable fabrics; and may impart a fragrance or 

scent. For the purpose of this definition only, “single use” means a product that 

is intended for one time use during a single drying cycle and is removed after 
Consumer Products Regulation 12 (includes the June 2008 amendments) 

completion of the drying cycle. A “load” is the amount of washable fabrics in a 

single drying cycle. “Fabric Softener-Single Use Dryer Product” includes treated 

nonwoven sheets which are typically packaged in boxes with a multiple number 

of sheets. “Fabric Softener-Single Use Dryer Product” does not include products 

applied to washable fabrics prior to placing the washable fabrics in the clothes 

dryer. 

(54) “Facial Cleaner or Soap” means a cleaner or soap designed primarily to clean 

the face. “Facial Cleaner or Soap” includes, but is not limited to, facial cleansing 

creams, semisolids, liquids, lotions, and substrate-impregnated forms. “Facial 

Cleaner or Soap” does not include prescription drug products, “Antimicrobial 

Hand or Body Cleaner or Soap,” “Astringent/Toner,” “General-use Hand or Body 

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

(55) “Fat Wood” means pieces of wood kindling with high naturally-occurring levels of 

sap or resin which enhance ignition of the kindling. “Fat wood” does not include 

any kindling with substances added to enhance flammability, such as 

wax-covered or wax-impregnated wood-based products. 

(56) “Flea and Tick Insecticide” means any insecticide product that is designed for 

use against fleas, ticks, their larvae, or their eggs. “Flea and Tick Insecticide” 

does not include products that are designed to be used exclusively on humans or 

animals and their bedding. 

(57) “Floor Coating” means an opaque coating that is labeled and designed for 

application to flooring, including but not limited to, decks, porches, steps, and 

other horizontal surfaces which may be subject to foot traffic. 

(58) “Floor Maintenance Product” means any product designed or labeled to restore, 

maintain, or enhance a previously applied floor finish. “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 designed solely for the purpose of 

cleaning, products designed or labeled exclusively for use on marble floors, or 

coatings subject to architectural coatings regulations. 

(59) ”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 labeled to be periodically 

replenished. “Floor Polish or Wax” does not include “Floor Maintenance 

Products,” “Floor Wax Stripper”, or coatings subject to architectural coatings 

regulations. 

 “Floor Polish or Wax” is divided into three subcategories: products for resilient 

flooring materials, products for nonresilient flooring materials and wood floor wax. 

For the purposes of this article: 
Consumer Products Regulation 13 (includes the June 2008 amendments) 

(A) “Resilient Flooring Material” means flexible flooring material including but 

is not limited to, asphalt, cork, linoleum, no-wax, rubber, seamless vinyl, 

and vinyl composite flooring. 

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

is not flexible. “Nonresilient Flooring material” includes but is not limited to 

terrazzo, marble, slate, granite, brick, stone, ceramic tile, and concrete. 

 (C) “Wood Floor Wax” means any wax-based products designed or labeled for 

use solely on wood floors. “Wood Floor Wax” does not include products 

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

(60) “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) “Floor Wax Stripper” means a product designed to remove natural or synthetic 

floor polishes or waxes through breakdown of the polish or wax polymers, or by 

dissolving or emulsifying the polish or wax. “Floor Wax Stripper” does not 

include aerosol floor wax strippers or products designed to remove floor wax 

solely through abrasion. 

(62) “Flying Bug Insecticide” means any insecticide product that is designed for use 

against flying insects or other flying arthropods, including but not limited to flies, 

mosquitoes, moths, or gnats. “Flying Bug Insecticide” does not include “wasp 

and hornet insecticide,” products that are designed to be used exclusively on 

humans or animals, or any moth-proofing product. For the purposes of this 

definition only, “moth-proofing product” means a product whose label, packaging, 

or accompanying literature indicates that the product is designed to protect 

fabrics from damage by moths, but does not indicate that the product is suitable 

for use against flying insects or other flying arthropods. 

(63) “Footwear or Leather Care Product” means any product designed or labeled to 

be applied to footwear or to other leather articles/components, to maintain, 

enhance, clean, protect, or modify the appearance, durability, fit, or flexibility of 

the footwear or leather article/component. Footwear includes both leather and 

non-leather foot apparel. “Footwear or Leather Care Product” does not include 

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

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

“Rubber/Vinyl Protectant,” “Fabric Refresher,” products solely for deodorizing, or 

sealant products with adhesive properties used to create external protective 

layers greater than 2 millimeters thick. 

(64) “Fragrance” means a substance or complex mixture of aroma chemicals, natural 

essential oils, and other functional components with a combined vapor pressure 
Consumer Products Regulation 14 (includes the June 2008 amendments) 

not in excess of 2 mm of Hg at 20oC, the sole purpose of which is to impart an 

odor or scent, or to counteract a malodor. 

(65) “Furniture Maintenance Product” means a wax, polish, conditioner, or any other 

product labeled for the purpose of polishing, protecting or enhancing finished 

wood surfaces other than floors and other furniture surfaces including but not 

limited to acrylics, ceramic, plastics, stone surfaces, metal surfaces, and 

fiberglass. “Furniture Maintenance Product” does not 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) “Furniture Coating” means any paint designed for application to room furnishings 

including, but not limited to, cabinets (kitchen, bath and vanity), tables, chairs, 

beds, and sofas. 

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

continuous phase to produce a semisolid material, such as jelly. 

(68) “General Purpose Adhesive” means any non-aerosol adhesive designed for use 

on a variety of substrates. “General Purpose Adhesive” does not include 

 (A) contact adhesives, (B) construction, panel, and floor covering adhesives, 

 (C) adhesives designed exclusively for application on one specific category of 

substrates (i.e., substrates that are composed of similar materials, such as 

different types of metals, paper products, ceramics, plastics, rubbers, or vinyls), 

or (D) adhesives designed exclusively for use on one specific category of articles 

(i.e., articles that may be composed of different materials but perform a specific 

function, such as gaskets, automotive trim, weather-stripping, or carpets). 

(69) “General Purpose Cleaner” means a general purpose cleaning product labeled 

for use on a variety of hard surfaces, including small appliances. “General 

Purpose Cleaner” includes, but is not limited to, products designed or labeled for 

general floor cleaning, kitchen, countertop, or sink cleaning, and cleaners 

designed or labeled to be used on a variety of hard surfaces such as stovetops, 

cooktops, or microwaves. 

(70) “General Purpose Degreaser” means any product labeled to remove or dissolve 

grease, grime, oil and other oil-based contaminants from a variety of substrates, 

including automotive or miscellaneous metallic parts. “General Purpose 

Degreaser” does not include “Engine Degreaser,” “General Purpose Cleaner,” 

“Adhesive Remover,” “Electronic Cleaner,” “Electrical Cleaner,” “Energized 

Electrical Cleaner,” “Metal Polish/Cleanser,” products used exclusively in “solvent 

cleaning tanks or related equipment,” or products that are (A) sold exclusively to 

establishments which manufacture or construct goods or commodities; and (B) 

labeled “not for retail sale.” “Solvent cleaning tanks or related equipment” 

includes, but is not limited to, cold cleaners, vapor degreasers, conveyorized 
Consumer Products Regulation 15 (includes the June 2008 amendments) 

degreasers, film cleaning machines, or products designed to clean miscellaneous 

metallic parts by immersion in a container. 

(71) “General-use Hand or Body Cleaner or Soap” means a cleaner or soap designed 

to be used routinely on the skin to clean or remove typical or common dirt and 

soils. “General-use Hand or Body Cleaner or Soap” includes, but is not limited 

to, hand or body washes, dual-purpose shampoo-body cleaners, shower or bath 

gels, and moisturizing cleaners or soaps. “General-use Hand or Body Cleaner or 

Soap” does not include prescription drug products, “Antimicrobial Hand or Body 

Cleaner or Soap,” “Astringent/Toner,” “Facial Cleaner or Soap,” “Hand 

Dishwashing Detergent” (including antimicrobial), “Heavy-duty Hand Cleaner or 

Soap,” “Medicated Astringent/Medicated Toner,” or “Rubbing Alcohol.” 

(72) “Glass Cleaner” means a cleaning product designed or labeled primarily for 

cleaning surfaces made of glass. “Glass Cleaner” does not include products 

designed or labeled solely for the purpose of cleaning optical materials used in 

eyeglasses, photographic equipment, scientific equipment and photocopying 

machines. 

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

mass-based unit of a given greenhouse gas relative to an equivalent unit of 

carbon dioxide over a given period of time. 

(74) “Global Warming Potential Value” or “GWP Value” means the global warming 

potential value of a chemical or compound as specified in the IPCC: 1995 

Second Assessment Report (SAR), Table 2.14, in Climate Change 2007: The 

Physical Sciences Basis. Contribution of Working Group I to the Fourth 

Assessment Report of the Intergovernmental Panel on Climate Change, which is 

incorporated by reference herein. 

If Table 2.14 does not contain a SAR 100-year GWP Value for a specific 

chemical or compound, then the 100-year GWP Value in Table 2.14 for that 

chemical or compound shall be used. If there is no 100-year GWP Value for a 

chemical or compound listed in Table 2.14 or GWP Value listed in Table 2.15, 

then the GWP Value is assumed to be equal to the GWP limit of the applicable 

product category. 

(75) “Graffiti Remover” means a product labeled to remove spray paint, ink, marker, 

crayon, lipstick, nail polish, or shoe polish, 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 are considered “Graffiti 

Removers.” 

(76) ”Hair Mousse” means a hairstyling foam designed to facilitate styling of a coiffure 

and provide limited holding power. 
Consumer Products Regulation 16 (includes the June 2008 amendments) 

(77) ”Hair Shine” means any product designed for the primary purpose of creating a 

shine when applied to the hair. “Hair Shine” includes, but is not limited to, 

dual-use products designed primarily to impart a sheen to the hair. “Hair Shine” 

does not include “Hair Spray,” “Hair Mousse,” “Hair Styling Product,” “Hair Styling 

Gel,” or products whose primary purpose is to condition or hold the hair. 

(78) ”Hair Styling Gel” means a consumer product manufactured before 

December 31, 2006, that is a high viscosity, often gelatinous, product that 

contains a resin and is designed for the application to hair to aid in styling and 

sculpting of the hair coiffure. 

(79) ”Hair Spray” means: 

(A) for products manufactured before December 31, 2006: a consumer 

product designed primarily for the purpose of dispensing droplets of a 

resin on and into a hair coiffure which will impart sufficient rigidity to the 

coiffure to establish or retain the style for a period of time, and 

(B) for products manufactured on or after December 31, 2006: a consumer 

product that is applied to styled hair, and is designed or labeled to provide 

sufficient rigidity, to hold, retain and/or (finish) the style of the hair for a 

period of time. “Hair Spray” includes aerosol hair sprays, pump hair 

sprays, spray waxes; color, glitter, or sparkle hairsprays that make 

finishing claims; and products that are both a styling and finishing product. 

“Hair Spray” does not include spray products that are intended to aid in 

styling but does not provide finishing of a hairstyle. 

For the purposes of this subchapter, “finish” or “finishing” means the maintaining 

and/or holding of previously styled hair for a period of time. 

For the purposes of this subchapter, “styling” means the forming, sculpting, or 

manipulating the hair to temporarily alter the hair's shape. 

(80) ”Hair Styling Product” means a consumer product manufactured on or after 

December 31, 2006, that is designed or labeled for the application to wet, damp 

or dry hair to aid in defining, shaping, lifting, styling and/or sculpting of the hair. 

“Hair Styling Product” includes, but is not limited to hair balm, clay, cream, 

creme, curl straightener, gel, liquid, lotion, paste, pomade, putty, root lifter, 

serum, spray gel, stick, temporary hair straightener, wax, spray products that aid 

in styling but do not provide finishing of a hairstyle, and leave-in volumizers, 

detanglers and/or conditioners that make styling claims. “Hair Styling Product” 

does not include “Hair Mousse,” “Hair Shine,” “Hair Spray,” or shampoos and/or 

conditioners that are rinsed from the hair prior to styling. 

For the purposes of this subchapter, “finish” or “finishing” means the maintaining 

and/or holding of previously styled hair for a period of time. 
Consumer Products Regulation 17 (includes the June 2008 amendments) 

For the purposes of this subchapter, “styling” means the forming, sculpting, or 

manipulating the hair to temporarily alter the hair's shape. 

(81) “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, asphalt, or adhesives from the hand 

with or without the use of water. “Heavy-duty Hand Cleaner or Soap” does not 

include prescription drug products, “Antimicrobial Hand or Body Cleaner or 

Soap,” “Astringent/Toner,” “Facial Cleaner or Soap,” “General-use Hand or Body 

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

(82) “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) “Household Product” means any consumer product that is primarily designed to 

be used inside or outside of living quarters or residences that are occupied or 

intended for occupation by individuals, including the immediate surroundings. 

(84) “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) “Insecticide” means a pesticide product that is designed for use against insects 

or other arthropods, but excluding products that are: (A) for agricultural use, or 

(B) for a use which requires a structural pest control license under Chapter 14 

(commencing with Section 8500) of the Business and Professions Code, or 

 (C) restricted materials that require a permit for use and possession. 

(86) “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) “Institutional Product” or “Industrial and Institutional (I&I) Product” means a 

consumer product that is designed for use in the maintenance or operation of an 

establishment that: (A) manufactures, 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 products that are incorporated 

into or used exclusively in the manufacture or construction of the goods or 

commodities at the site of the establishment. 

(88) “Label” means any written, printed, or graphic matter affixed to, applied to, 

attached to, blown into, formed, molded into, embossed on, or appearing upon 
Consumer Products Regulation 18 (includes the June 2008 amendments) 

any consumer product or consumer product package, for purposes of branding, 

identifying, or giving information with respect to the product or to the contents of 

the package. 

(89) “Laundry Prewash” means a product that is designed for application to a fabric 

prior to laundering and that supplements and contributes to the effectiveness of 

laundry detergents and/or provides specialized performance. 

(90) “Laundry Starch/Sizing/Fabric Finish Product” means a product that is labeled for 

application to a fabric, either during or after laundering, to impart and prolong a 

crisp, fresh look and may also act to help ease ironing of the fabric. “Laundry 

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

and fabric finish. 

(91) “Lawn and Garden Insecticide” means an insecticide product labeled primarily to 

be used in household lawn and garden areas to protect plants from insects or 

other arthropods. Notwithstanding the requirements of section 94512(a) aerosol 

“Lawn and Garden Insecticide” may claim to kill insects or other arthropods. 

(92) “Liquid” means a substance or mixture of substances 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 composed entirely of solid 

particles. 

(93) ”Lubricant” means a product that reduces friction, heat, noise, or wear between 

moving parts, or loosens rusted or immovable parts or mechanisms. “Lubricant” 

does not include automotive power steering fluids; products for use inside power 

generating motors, engines, 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 which manufacture or construct goods or 

commodities, and (2) labeled “not for retail sale.” 

(94) “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 20o

C, as determined by ARB 

 Method 310; or 

 (B) is a chemical “compound” with more than 12 carbon atoms, or a chemical 

“mixture” comprised solely of “compounds” with more than 12 carbon atoms, 

as verified by formulation data, and the vapor pressure and boiling point are 

unknown; or 

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

C, as 

determined by ARB Method 310; or 
Consumer Products Regulation 19 (includes the June 2008 amendments) 

(D) is the weight percent of a chemical “mixture” that boils above 216oC, as 

determined by ARB Method 310. 

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

molecule of definite chemical formula and isomeric structure, and chemical 

“mixture” means a substance comprised of two or more chemical “compounds.” 

(95) “Manufacturer” means any person who imports, manufactures, assembles, 

produces, packages, repackages, or relabels a consumer product. 

(96) “Medicated Astringent/Medicated Toner” means any product regulated as a drug 

by the Food and Drug Administration (FDA) which is applied to the skin for the 

purpose of cleaning or tightening pores. “Medicated Astringent/Medicated Toner” 

includes, but is not limited to, clarifiers and substrate-impregnated products. 

“Medicated Astringent/Medicated Toner” does not include hand, face, or body 

cleaner or soap products, “Personal Fragrance Product,” “Astringent/Toner,” cold 

cream, lotion, antiperspirants, or products that must be purchased with a doctor’s 

prescription. 

(97) “Metal Polish/Cleanser” means any product designed primarily to improve the 

appearance of finished metal, metallic, or metallized surfaces by physical or 

chemical action. To “improve the appearance” means to remove or reduce 

stains, impurities, or oxidation from surfaces or to make surfaces smooth and 

shiny. “Metal Polish/Cleanser” includes, but is not limited to, metal polishes used 

on brass, silver, chrome, copper, stainless steel and other ornamental metals. 

“Metal Polish/Cleanser” does not include “Automotive Wax, Polish, Sealant or 

Glaze,” Tire or Wheel Cleaner,” “Paint Remover or Stripper,” products designed 

and labeled exclusively for automotive and marine detailing, or products 

designed for use in degreasing tanks. 

(98) ”Mist Spray Adhesive” means any aerosol adhesive which is not a “Special 

Purpose Spray Adhesive” and which delivers a particle or mist spray, resulting in 

the formation of fine, discrete particles that yield a generally uniform and smooth 

application of 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 exterior surface of motor 

vehicles. “Motor Vehicle Wash” includes, but is not limited to, products for use in 

commercial, fleet, hand, and “drive through” car washes; commercial truck 

washing or large vehicle washing stations; vehicle dealers and repair shops as 

well as products intended for household consumer use. “Motor Vehicle Wash” 

does not include “Bug and Tar Remover,” “Glass Cleaner,” “Tire or Wheel 

Cleaner,” and products labeled for use exclusively on locomotives or aircraft. 

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

labeled to provide lubricity solely by depositing a thin film of graphite, 
Consumer Products Regulation 20 (includes the June 2008 amendments) 

molybdenum disulfide (“moly”), or polytetrafluoroethylene or closely related 

fluoropolymer (“teflon”) on surfaces, and (B) designed or labeled for general 

purpose lubrication, or for use in a wide variety of applications. 

(101) “Multi-purpose Lubricant” means any lubricant designed or labeled for general 

purpose lubrication, or a lubricant labeled for use in a wide variety of 

applications. “Multi-purpose Lubricant” does not include “Multi-purpose Dry 

Lubricant,” “Penetrant,” or “Silicone-based Multi-Purpose Lubricant.” 

(102) ”Multi-purpose Solvent” means: 

(A) for products manufactured before January 1, 2008: any organic liquid 

designed to be used for a variety of purposes, including cleaning or 

degreasing of a variety of substrates, or thinning, dispersing or dissolving 

other organic materials. “Multi-purpose Solvent” includes solvents used in 

institutional facilities, except for laboratory reagents used in analytical, 

educational, research, scientific or other laboratories. “Multi-purpose 

Solvent” does not include solvents used in cold cleaners, vapor 

degreasers, conveyorized degreasers or film cleaning machines, or 

solvents that are incorporated into, or used exclusively in the manufacture 

or construction of, the goods or commodities at the site of the 

establishment. 

(B) for products manufactured on or after January 1, 2008: any liquid product 

designed or labeled to be used for dispersing or dissolving or removing 

contaminants or other organic materials. “Multi-purpose Solvent” includes 

(A) products that do not display specific use instructions on the product 

container or packaging, (B) products that do not specify an end-use 

function or application on the product container or packaging, and (C) 

solvents used in institutional facilities, except for laboratory reagents used 

in analytical, educational, research, scientific or other laboratories. “Multipurpose Solvent” does not include solvents used in cold cleaners, vapor 

degreasers, conveyorized degreasers or film cleaning machines, or 

solvents that are incorporated into, or used exclusively in the manufacture 

or construction of, the goods or commodities at the site of the 

establishment. “Multi-purpose Solvent” also does not include any product 

making any representation that the product may be used 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 of section 94512. 

(103) “Nail Polish” means any clear or colored coating designed for application to the 

fingernails or toenails and including but not limited to, lacquers, enamels, 

acrylics, base coats and top coats. 
Consumer Products Regulation 21 (includes the June 2008 amendments) 

(104) “Nail Polish Remover” means a product designed to remove nail polish and 

coatings from fingernails or toenails. 

(105) “Non-Carbon Containing Compound” means any compound which does not 

contain any carbon atoms. 

(106) “Non-Selective Terrestrial Herbicide” means a terrestrial herbicide product 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, neutralize, convert or eliminate 

malodor molecules. “Odor Remover/Eliminator” does not include products 

designed or labeled for use in cleaning soils from hard surfaces, laundering, 

softening, de-wrinkling or cleaning fabrics, or dishwashing, or products that are 

defined as “Air Freshener,” “Bathroom and Tile Cleaner,” “Carpet/Upholstery 

Cleaner,” “Fabric Refresher,” “General Purpose Cleaner,” “Toilet/Urinal Care 

Product,” “Disinfectant,” or “Sanitizer.” 

(108) “Oven Cleaner” means any cleaning product designed or labeled to clean and to 

remove dried or baked on food deposits from oven walls. 

(109) “Paint” means any pigmented liquid, liquefiable, or mastic composition designed 

for application to a substrate in a thin layer which is converted to an opaque solid 

film after application and is used for protection, decoration or identification, or to 

serve some functional purpose such as the filling or concealing of surface 

irregularities or the modification of light and heat radiation characteristics. 

(110) “Paint Remover or Stripper” means any product designed to strip or remove 

paints or other related coatings, by chemical action, from a substrate without 

markedly affecting the substrate. “Paint Remover or Stripper” does not include 

“Multi-purpose Solvent,” paint brush cleaners, products designed and labeled 

exclusively as “Graffiti Remover,” and hand cleaner products that claim to 

remove paints and other related coatings from skin. 

(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. 

(112) “Penetrant” means a lubricant designed or labeled primarily to loosen metal parts 

that have bonded together due to rusting, oxidation, or other causes. “Penetrant” 

does not include “Multi-purpose Lubricant” that claim to have penetrating 

qualities, but are not labeled primarily to loosen bonded parts. 
Consumer Products Regulation 22 (includes the June 2008 amendments) 

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

Section 39047. 

(114) “Personal Fragrance Product” means any product which is applied to the human 

body or clothing for the primary purpose of adding a scent or masking a malodor, 

including, but not limited to, cologne, perfume, aftershave, toilet water, lotion, 

powder, body mist, and body spray. “Personal Fragrance Product” does not 

include: (A) Deodorant, as defined in section 94501(d); (B) medicated products 

designed primarily to alleviate fungal or bacterial growth on feet or other areas of 

the body; (C) mouthwashes, breath fresheners and deodorizers; (D) lotions, 

moisturizers, powders or other skin care products designed or labeled to be used 

primarily to alleviate skin conditions such as dryness and irritations; (E) products 

designed exclusively to be applied to human genitalia areas, undergarments, and 

any paper products, napkins or other products that are affixed to undergarments, 

such as sanitary pads; (F) soaps, shampoos, and products primarily used to 

clean the human body; and (G) fragrance products designed to be used 

exclusively on non-human animals. 

(115) “Pesticide” means and includes any substance or mixture of substances labeled, 

designed, or intended for use in preventing, destroying, repelling or mitigating 

any pest, or any substance or mixture of substances labeled, designed, or 

intended for use as a defoliant, desiccant, or plant regulator, provided that the 

term “pesticide” will not include any substance, mixture of substances, or device 

which the United States Environmental Protection Agency does not consider to 

be a pesticide. 

(116) “Pressurized Gas Duster” means a pressurized product labeled to remove dust 

from a surface solely by means of mass air or gas flow, including surfaces such 

as photographs, photographic film negatives, computer keyboards, and other 

types of surfaces that cannot be cleaned with solvents. “Pressurized Gas Duster” 

does not include “Dusting Aid,” “General Purpose Cleaner,” “Electrical Cleaner,” 

“Electronic Cleaner,” “Energized Electrical Cleaner,” or “Anti-Static Product.” 

Pressurized Gas Duster does not include products labeled exclusively to remove 

dust from equipment where dust removal is accomplished when: electric current 

exists; residual electrical potential from a component such as a capacitor exists; 

or an open flame exists, as long as the “Principal Display Panel” clearly displays 

the statement: “Energized Equipment use only.” 

(117) “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 display or purchase. Whenever a 

principal display panel appears more than once, all requirements pertaining to 

the “principal display panel” shall pertain to all such “principal display panels.” 

(118) “Product Brand Name” means the name of the product exactly as it appears on 

the principal display panel of the product. 
Consumer Products Regulation 23 (includes the June 2008 amendments) 

(119) “Product Category” means the applicable category which best describes the 

product as listed in this Section 94508. 

(120) “Product Form,” for the purpose of complying with Section 94513 only, means the 

applicable form which most accurately describes the product's dispensing form 

as follows: 

A = Aerosol Product 

S = Solid 

P = Pump Spray 

L = Liquid 

SS = Semisolid 

O = Other 

(121) “Propellant” means a liquefied or compressed gas that is used in whole or in part, 

such as a cosolvent, to expel a liquid or any other material from the same 

self-pressurized container or from a separate container. 

(122) “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) “Responsible Party” means the company, firm or establishment which is listed on 

the product's label. If the label lists two companies, firms or establishments, the 

responsible party is the party which the product was “manufactured for” or 

“distributed by,” as noted on the label. 

(124) ”Restricted Materials” means pesticides established as restricted materials under 

Title 3, California Code of Regulations, section 6400. 

(125) ”Retailer” means any person who sells, supplies, or offers consumer products for 

sale directly to consumers. 

(126) ”Retail Outlet” means any establishment at which consumer products are sold, 

supplied, or offered for sale directly to consumers. 

(127) ”Rubber/Vinyl Protectant” means: 

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

designed to protect, preserve or renew vinyl, rubber, and plastic on 

vehicles, tires, luggage, furniture, and household products such as vinyl 

covers, clothing, and accessories. “Rubber/Vinyl Protectant” does not 

include products primarily designed to clean the wheel rim, such as 

aluminum or magnesium wheel cleaners, and tire cleaners that do not 

leave an appearance-enhancing or protective substance on the tire. 
Consumer Products Regulation 24 (includes the June 2008 amendments) 

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

labeled to protect, preserve or renew vinyl, or rubber on vehicles, tires, 

luggage, furniture, and/or household products such as vinyl covers, 

clothing, or accessories. “Rubber/Vinyl Protectant” does not include: 

products labeled to clean the wheel rim, such as aluminum or magnesium 

wheel cleaners; tire cleaners that do not leave an appearance-enhancing 

or protective substance on the tire; pigmented products designed or 

labeled to be used primarily for coloring; products used for construction, 

reconstruction, modification, structural maintenance or repair of rubber or 

vinyl substrates; or products, other than those labeled to be used on 

vehicle tires, qualifying as either “Clear Coating” or 

“Vinyl/Fabric/Leather/Polycarbonate Coating” under section 94521(a). 

(128) ”Rubbing Alcohol” means any product containing isopropyl alcohol (also called 

isopropanol) or denatured ethanol and labeled for topical use, usually to 

decrease germs in minor cuts and scrapes, to relieve minor muscle aches, as a 

rubefacient, and for massage. 

(129) ”Sanitizer” means a product that is labeled as a “sanitizer,” or is labeled to 

reduce, but not necessarily eliminate, microorganisms in the air, on surfaces, or 

on inanimate objects, and whose label is registered as a “sanitizer” under the 

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7 U.S.C. section 

136 et seq.). Products that are labeled as both a “sanitizer” and a “disinfectant” 

are considered disinfectants. “Sanitizer” does not include (A) “Disinfectant,” 

(B) products labeled solely for use on humans or animals, (C) products labeled 

solely for agricultural use, (D) products labeled solely for use in swimming pools, 

therapeutic tubs, or hot tubs, (E) products which are labeled to be used on heat 

sensitive critical or semi-critical medical devices or medical equipment surfaces, 

(F) products which are pre-moistened wipes or towelettes sold exclusively to 

medical, convalescent or veterinary establishments (G) products which are 

labeled to be applied to food-contact surfaces and are not required to be rinsed 

prior to contact with food, or (H) products which are labeled as “Bathroom and 

Tile Cleaner,” “Glass Cleaner,” “General Purpose Cleaner,” “Toilet/Urinal Care 

Product,” “Metal Polish,” “Carpet Cleaner,” or “Fabric Refresher” that may also 

make sanitizing or anti-microbial claims on the label. 

(130) ”Sealant or Caulking Compound” means any product with adhesive properties 

that is designed to fill, seal, waterproof, or weatherproof gaps or joints between 

two surfaces. “Sealant or Caulking Compound” does not include roof cements 

and roof sealants; insulating foams; removable caulking compounds; 

clear/paintable/water resistant caulking compounds; floor seam sealers; products 

designed exclusively for automotive uses; or sealers that are applied as 

continuous coatings. “Sealant or Caulking Compound” also does not include 
Consumer Products Regulation 25 (includes the June 2008 amendments) 

units of product, less packaging, which weigh more than one pound and consist 

of more than 16 fluid ounces. For the purposes of this definition only: 

“Removable caulking compounds” means a compound which temporarily 

seals windows or doors for three to six month time intervals. 

“Clear/paintable/water resistant caulking compounds” means a compound 

which contains no appreciable level of opaque fillers or pigments; 

transmits most or all visible light through the caulk when cured; is 

paintable; and is immediately resistant to precipitation upon application. 

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

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

“Sealant or Caulking Compound” which achieves its final 

composition and physical form through a chemical curing process, 

where product ingredients participate in a chemical reaction in the 

presence of a catalyst that causes a change in chemical structure 

and leads to the release of chemical byproducts. “Chemically 

Curing Sealant or Caulking Compound” includes, but is not limited 

to, products that utilize silicone, polyurethane, silyl-terminated 

polyether, or silyl-terminated polyurethane reactive chemistries. 

“Chemically Curing Sealant or Caulking Compound” does not 

include products which are not solely dependent on a chemically 

curing process to achieve the cured state.

(B) “Non-Chemically Curing Sealant or Caulking Compound” means 

any “Sealant or Caulking Compound” not defined under 

“Chemically Curing Sealant or Caulking Compound.”

(131) “Semisolid” means a product that, at room temperature, will not pour, but will 

spread or deform easily, including but not limited to gels, pastes, and greases. 

(132) ”Shaving Cream” means an aerosol product which dispenses 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. “Shaving Cream” does not include 

“Shaving Gel.” 

(133) “Shaving Gel” means an aerosol product which dispenses a post-foaming 

semi-solid designed to be used with a blade, cartridge razor, or other shaving 

system in the removal of facial or other bodily hair. “Shaving Gel” does not 

include “Shaving Cream.” 

(134) ”Silicone-based Multi-purpose Lubricant” means any lubricant which is: 

 

 (A) designed and labeled to provide lubricity primarily through the use of silicone 

compounds including, but not limited to, polydimethylsiloxane, and 
Consumer Products Regulation 26 (includes the June 2008 amendments) 

 (B) designed and labeled for general purpose lubrication, or for use in a wide 

variety of applications. “Silicone-based Multi-purpose Lubricant” does not include 

products designed and labeled exclusively to release manufactured products 

from molds. 

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

liquid contents in a single homogeneous phase and which does not require that 

the product container be shaken before use. 

(136) “Solid” means a substance or mixture of substances which, either whole or 

subdivided (such as the particles comprising a powder), is not capable of visually 

detectable flow as determined under ASTM D-4359-90. 

(137) “Special Purpose Spray Adhesive” means an aerosol adhesive that meets any of 

the following definitions: 

(A) “Mounting Adhesive” means an aerosol adhesive designed to permanently 

mount photographs, artwork, and any other drawn or printed media to a 

backing (paper, board, cloth, etc.) without causing discoloration to the 

artwork. 

(B) “Flexible Vinyl Adhesive” means an aerosol adhesive designed to bond 

flexible vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl chloride 

plastic with at least five percent, by weight, of plasticizer content. A 

plasticizer is a material, such as a high boiling point organic solvent, that is 

incorporated into a vinyl to increase its flexibility, workability, or distensibility, 

and may be determined using ASTM Method E260-91 or from product 

formulation data. 

(C) “Polystyrene Foam Adhesive” means an aerosol adhesive designed to bond 

polystyrene foam (e.g. Styrofoam®, expanded polystyrene foam, etc.) to 

substrates. 

 

(D) “Automobile Headliner Adhesive” means an aerosol adhesive designed to 

bond together layers in motor vehicle headliners. 

(E) “Polyolefin Adhesive” means an aerosol adhesive designed to bond 

polyolefins (e.g. polyethylene, polypropylene, etc.) to 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 

 
Consumer Products Regulation 27 (includes the June 2008 amendments) 

(2) the touch-up, repair, or attachment of edgebanding materials, including, 

but not limited to, other laminates, synthetic marble, veneers, wood 

moulding, and decorative metals. 

 For the purposes of this definition “high pressure laminate” means sheet 

materials which consist of paper, fabric, or other core material that have 

been laminated at temperatures exceeding 265 degrees F, and at 

pressures between 1,000 and 1,400 psi. 

(G) “Automotive Engine Compartment Adhesive” means an aerosol adhesive 

designed for use in motor vehicle under-the-hood applications which require 

oil and plasticizer resistance, as well as high shear strength, at temperatures 

of 200-275o

 F. 

(138) “Spot Remover” means any product labeled to clean localized areas, or remove 

localized spots or stains, on cloth or fabric such as drapes, carpets, upholstery, 

or clothing, that does not require subsequent laundering to achieve stain 

removal. “Spot Remover” does not include “Dry Cleaning Fluid,” “Laundry 

Prewash,” or aerosol products labeled solely for gum removal. 

(139) “Spray Buff Product” means a product designed to restore a worn floor finish in 

conjunction with a floor buffing machine and special pad. 

(140) ”Table B Compound” means any carbon-containing compound listed as an 

exception to the definition of VOC in Section 94508. 

(141) ”Temporary Hair Color” means any product that applies color, glitter, or 

UV-active pigments to hair, wigs, or fur and is removable when washed. 

“Temporary Hair Color” includes hair color mousses and products labeled 

to add texture or thickness to cover thinning/balding areas. “Temporary 

Hair Color” does not include “Hair Spray,” “Hair Styling Product,” or “Hair 

Mousse.” 

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

(143) “Tire or Wheel Cleaner” means a product designed or labeled exclusively 

to clean either tires, wheels, or both. “Tire or Wheel Cleaner” includes, but 

is not limited to, products for use in commercial, fleet, hand, and “drivethrough” car washes; commercial truck washing or large vehicle washing 

stations; vehicle dealers and repair shops, as well as household consumer 

products. “Tire or Wheel Cleaner” does not include products labeled for 

use exclusively on locomotives or aircraft. 

(144) ”Tire Sealant and Inflator” means any pressurized product that is designed to 

temporarily inflate and seal a leaking tire. 
Consumer Products Regulation 28 (includes the June 2008 amendments) 

(145) ”Toilet/Urinal Care Product” means any product designed or labeled to clean 

and/or to deodorize toilet bowls, toilet tanks, or urinals. Toilet bowls, toilet tanks, 

or urinals includes, but is not limited to, toilets or urinals connected to permanent 

plumbing in buildings and other structures, portable toilets or urinals placed at 

temporary or remote locations, and toilet or urinals in vehicles such as buses, 

recreational motor homes, boats, ships, and aircraft. “Toilet/Urinal Care Product” 

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

(146) ”Type A Propellent” means a compressed gas such as CO2, N2, N2O, or 

compressed air which is used as a propellent, and is either incorporated with the 

product or contained in a separate chamber within the product's packaging. 

(147) ”Type B Propellent” means any halocarbon which is used as a propellent 

including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and 

hydrofluorocarbons (HFCs). 

(148) “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) “Undercoating” means any aerosol product designed to impart a protective, nonpaint layer to the undercarriage, trunk interior, and/or firewall of motor vehicles to 

prevent the formation of rust or to deaden sound. “Undercoating” includes, but is 

not limited to, rubberized, mastic, or asphaltic products. 

(150) ”Usage Directions” means the text or graphics on the product's principal display 

panel, label, or accompanying literature which describes to the end user how and 

in what quantity the product is to be used. 

(151) ”Volatile Organic Compound (VOC)” means any compound containing at least 

one atom of carbon, excluding carbon monoxide, carbon 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), 
Consumer Products Regulation 29 (includes the June 2008 amendments) 

 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124), 

 trifluoromethane (HFC-23), 

 1,1,2,2-tetrafluoroethane (HFC-134), 

1,1,1,2-tetrafluoroethane (HFC-134a), 

 pentafluoroethane (HFC-125), 

 1,1,1-trifluoroethane (HFC-143a), 

 1,1-difluoroethane (HFC-152a), 

 ethoxy-nonafluorobutane (HFE 7200), 

 cyclic, branched, or linear completely methylated siloxanes, 

 the following classes of perfluorocarbons: 

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

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

unsaturations; 

3. cyclic, branched, or linear, completely fluorinated tertiary amines with 

no unsaturations; and 

4. sulfur-containing perfluorocarbons with no unsaturations and with the 

sulfur bonds to carbon and fluorine, and 

(B) the following low-reactive organic compounds which have been exempted 

by the U.S. EPA: 

acetone, 

ethane, 

methyl acetate, 

 parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene), 

 perchloroethylene (tetrachloroethylene). 

(152) ”VOC Content” means the total weight of VOC in a product expressed as a 

percentage of the product weight (exclusive of the container or packaging), as 

determined pursuant to sections 94515(a) and (b). 

(153) ”Wasp and Hornet Insecticide” means any insecticide product that is designed for 

use against wasps, hornets, yellow jackets or bees by allowing the user to spray 

from a distance a directed stream or burst at the intended insects, or their hiding 

place. 

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

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

Protectant.” 

(155) ”Wax” means a material or synthetic thermoplastic substance generally of high 

molecular weight hydrocarbons or high molecular weight esters of fatty acids or 

alcohols, except glycerol and high polymers (plastics). “Wax” includes, but is not 

limited to, 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 such as polyethylene. 
Consumer Products Regulation 30 (includes the June 2008 amendments) 

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

Adhesive” or “Special Purpose Spray Adhesive.” 

(157) “Windshield Water Repellent” means a product designed or labeled exclusively to 

repel water from motor vehicle exterior automotive glass surfaces. “Windshield 

Water Repellent” does not include “Automotive Windshield Washer Fluid.” 

(158) “Wood Cleaner” means a product labeled to clean wooden materials including but 

not limited to decking, fences, flooring, logs, cabinetry, and furniture. “Wood 

Cleaner” does not include “Dusting Aid,” General Purpose Cleaner,” “Furniture 

Maintenance Product,” “Floor Wax Stripper,” “Floor Polish or Wax,” or products 

designed and labeled exclusively to preserve or color wood. 

NOTE: Authority cited: Sections 38501, 38510, 38560, 38560.5, 38562, 38580, 39601, 

39601, and 41712, Health and Safety Code. Reference: Sections 38501, 38510, 

38560, 38560.5, 38562, 38580, 39002, 39600, 40000, and 41712, Health and Safety 

Code. 
Consumer Products Regulation 31 (includes the June 2008 amendments) 

§ 94509. Standards for Consumer Products.

(a) Except as provided in Sections 94510 (Exemptions), 94511 (Innovative 

Products), 94514 (Variances), 94540 through 94555 (Alternative Control Plan), 

and 94567(a)(1) (Hairspray Credit Program), Title 17, California Code of 

Regulations, no person shall sell, supply, offer for sale, or manufacture for sale in 

California any consumer product which, at the time of sale or manufacture, 

contains volatile organic compounds in excess of the limits specified in the 

following Table of Standards after the specified effective dates. 

Table of Standards 

Percent Volatile Organic Compound by Weight 

Product Category Effective 

Date 1

VOC 

Standard 2

Adhesive *: 

 Aerosol** 

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

 Mist Spray Adhesive** 

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

 Web Spray Adhesive** 

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

 Special Purpose Spray Adhesive** 

 Mounting, Automotive Engine Compartment, 

 and Flexible Vinyl Adhesive 

 Polystyrene Foam and Automobile Headliner 

 Adhesive 

 Polyolefin and Laminate Repair/Edgebanding 

 Adhesive 

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

[**See 94509(i), 94512(d), and 94513(d) for additional 

requirements that apply to aerosol adhesive.] 

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

 Construction, Panel, and Floor Covering# 

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

[# See section 94509(k) for 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 Construction, 

Panel, and Floor Covering Adhesive.] 

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

 Contact## 

 Contact Adhesive – General Purpose 

 Contact Adhesive – Special Purpose 

1/1/95 

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

1/1/2002 

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

1/1/2002 

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

1/1/2002 

1/1/2002 

1/1/2002 

=========== 

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

1/1/95 

12/31/2002 

12/31/2008 

========== 

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

1/1/95 

12/31/2006 

12/31/2006 

75 

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

65 

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

55 

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

70 

65 

60 

========== 

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

40 

15 

 7 

========== 

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

80 

55 

80 
Consumer Products Regulation 32 (includes the June 2008 amendments) 

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

[##See sections 94509(m) and 94512(d) for additional 

requirements that apply to Contact Adhesive.] 

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

 General Purpose 

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

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

to adhesives sold in containers of one fluid ounce or 

less. 

=========== 

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

1/1/95 

=========== 

========== 

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

10 

========= 

Adhesive Remover*: 

 Floor or Wall Covering Adhesive Remover 

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

 Gasket or Thread Locking Adhesive Remover 

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

 General Purpose Adhesive Remover 

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

 Specialty Adhesive Remover 

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

[*See sections 94509(n) and 94512(d) for additional 

requirements that apply to Adhesive Remover.] 

12/31/2006 

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

12/31/2006 

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

12/31/2006 

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

12/31/2006 

=========== 

5 

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

50 

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

20 

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

70 

========== 

Aerosol Cooking Spray 1/1/95 18 

Air Freshener*: 

 Double Phase Aerosol 

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

 Single Phase Aerosol 

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

 Dual Purpose Air Freshener/Disinfectant 

 aerosol 

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

 liquid/pump spray 

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

 solid/semisolid 

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

[*See sections 94510(f) and 94510(g)(2) for 

exemptions that apply to certain Air Fresheners, and 

94509(o) for additional requirements that apply to Air 

Freshener.] 

1/1/93 

12/31/2004 

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

1/1/93 

1/1/96 

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

1/1/94 

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

1/1/93 

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

1/1/93 

=========== 

30 

25 

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

70 

30 

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

60 

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

18 

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

3 

========== 

Anti-static Product: 

 aerosol 

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

 non-aerosol 

12/31/2008 

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

12/31/2006 

80 

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

11 

Astringent/Toner (Non-FDA regulated) 12/31/2010 35 

Automotive Rubbing or Polishing Compound 1/1/2005 17 
Consumer Products Regulation 33 (includes the June 2008 amendments) 

Automotive Wax/Polish/Sealant/Glaze: 

 all other forms 

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

 hard paste wax 

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

 instant detailer 

1/1/2005 

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

1/1/2005 

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

1/1/2001 

15 

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

45 

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

3 

Automotive Windshield Washer Fluid: 

 Type “A” areas*

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

 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 Fluid. 

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

* Type “A” areas include only the following: Del 

Norte, Shasta and Trinity Counties; the Great Basin 

Valley, Lake Tahoe, Mountain Counties, and 

Northeast Plateau Air Basins, as defined in Title 17, 

California Code of Regulations, Sections 60105, 

60108, 60111, and 60113. 

1/1/93 

12/31/2008 

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

1/1/93 

12/31/2002 

=========== 

=========== 

35 

25 

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

10 

1 

========== 

========== 

Bathroom and Tile Cleaner*: 

 aerosol 

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

 all other forms 

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

 non-aerosol 

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

[*See section 94509(p) for additional requirements 

that apply to Bathroom and Tile Cleaner.] 

1/1/94 

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

1/1/94 

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

12/31/2008 

=========== 

7 

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

5 

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

1 

========= 

Brake 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 Cleaner *

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

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

VOC limit for Carburetor or Fuel-injection Air Intake 

Cleaner. 

1/1/95 

12/31/2002 

12/31/2008 

12/31/2010 

=========== 

75 

45 

20 

10 

========== 
Consumer Products Regulation 34 (includes the June 2008 amendments) 

Carpet /Upholstery Cleaner*: 

 aerosol 

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

 non-aerosol (dilutable) 

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

 non-aerosol (ready-to-use) 

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

[*See section 94509(q) for additional requirements 

that apply to Carpet/Upholstery Cleaner] 

1/1/2001 

12/31/2010 

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

1/1/2001 

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

1/1/2001 

12/31/2010 

=========== 

7 

5 

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

0.1 

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

3 

1 

========== 

Charcoal Lighter Material See Section 

94509(h) 

Disinfectant: 

 aerosol 

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

 non-aerosol 

12/31/2008 

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

12/31/2008 

70 

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

1 

Dusting Aid: 

 aerosol 

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

 non-aerosol 

1/1/95 

1/1/97 

12/31/2010 

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

1/1/95 

12/31/2010 

35 

25 

17 

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

7 

3 

Electrical Cleaner* 

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

[*See sections 94509(n) and 94512(d) for additional 

requirements that apply to Electrical Cleaner.] 

12/31/2006 

=========== 

45 

========== 

Electronic Cleaner* 

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

[*See sections 94509(m) and 94512(d) for additional 

requirements that apply to Electronic Cleaner.] 

12/31/2007 

=========== 

75 

========== 

Engine Degreaser: 

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

 aerosol 

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

 non-aerosol 

1/1/93 

1/1/96 

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

12/31/2004 

12/31/2010 

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

12/31/2004 

75 

50 

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

35 

10 

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

5 

Fabric Protectant* 

 aerosol 

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

 non-aerosol 

1/1/95 

1/1/97 

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

1/1/95 

1/1/97 

12/31/2010 

75 

60 

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

75 

60 

1 
Consumer Products Regulation 35 (includes the June 2008 amendments) 

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

[*See section 94509(q) for additional requirements 

that apply to Fabric Protectant] 

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

Fabric Refresher: 

 aerosol 

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

 non-aerosol 

12/31/2006 

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

12/31/2006 

15 

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

6 

Fabric Softener – Single Use Dryer Product See Section 

94509(s) 

Floor Maintenance Product 12/31/2010 1 

Floor Polish or Wax: 

 Resilient Flooring Material 

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

 Nonresilient Flooring Material 

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

 Wood Floor Wax 

1/1/94 

12/31/2010 

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

1/1/94 

12/31/2010 

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

1/1/94 

12/31/2010 

7 

1 

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

10 

1 

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

90 

70 

Floor Wax Stripper: 

 non-aerosol 

See Section 

94509(j) 

Footwear or Leather Care Product*: 

 aerosol 

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

 solid 

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

 all other forms 

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

[*See section 94509(m) for additional requirements 

that apply to Footwear or Leather Care Product.] 

12/31/2006 

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

12/31/2006 

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

12/31/2006 

=========== 

75 

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

55 

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

15 

========== 

Furniture Maintenance Product: 

 aerosol 

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

 all other forms (except solid/paste forms) 

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

 non-aerosol (except solid/paste forms) 

1/1/94 

12/31/2004 

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

1/1/94 

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

12/31/2008 

25 

17 

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

7 

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

3 

General Purpose Cleaner*: 

 aerosol and non-aerosol 

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

 aerosol 

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

 non-aerosol 

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

[*See section 94509(p) for additional requirements 

that apply to General Purpose Cleaner.] 

1/1/94 

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

12/31/2008 

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

12/31/2004 

=========== 

10 

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

8 

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

4 

========== 
Consumer Products Regulation 36 (includes the June 2008 amendments) 

General Purpose Degreaser*: 

 aerosol 

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

 non-aerosol 

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

[*See section 94509(m) for additional requirements 

that apply to General Purpose Degreaser.] 

1/1/2002 

12/31/2008 

12/31/2010 

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

12/31/2004 

=========== 

50 

20 

10 

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

4 

========== 

Glass Cleaner: 

 aerosol 

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

 non-aerosol 

1/1/93 

12/31/2012 

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

1/1/93 

1/1/96 

12/31/2004 

12 

10 

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

8 

6 

4 

Graffiti Remover*: 

 aerosol 

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

 non-aerosol 

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

[*See section 94509(n) for additional requirements 

that apply to Graffiti Remover.] 

12/31/2006 

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

12/31/2006 

=========== 

50 

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

30 

========== 

Hair Mousse 1/1/94 

12/31/2002 

16 

6 

Hair Shine 1/1/2005 55 

Hair Spray 1/1/93 

6/1/99 

80 

55 

Hair Styling Gel 1/1/94 6 

Hair Styling Product: 

 aerosol and pump spray 

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

 all other forms 

12/31/2006 

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

12/31/2006 

6 

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

2 

Heavy-duty Hand Cleaner or Soap 1/1/2005 8 

Insect Repellent: 

 aerosol 1/1/94 65 

Insecticide*: 

 Crawling Bug Insecticide (all forms): 

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

 aerosol 

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

 Flea and Tick Insecticide 

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

 Flying Bug Insecticide (all forms): 

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

1/1/95 

1/1/98 

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

12/31/2004 

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

1/1/95 

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

1/1/95 

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

40 

20 

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

15 

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

25 

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

35 

------------------ 
Consumer Products Regulation 37 (includes the June 2008 amendments) 

 aerosol 

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

 Fogger 

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

 Lawn and Garden Insecticide (all forms) 

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

 non-aerosol 

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

 Wasp and Hornet Insecticide 

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

* See sections 94510(g)(1) and 94510(k) for 

exemptions that apply to certain insecticides. 

12/31/2003 

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

1/1/95 

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

1/1/95 

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

12/31/2003 

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

1/1/2005 

=========== 

25 

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

45 

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

20 

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

3 

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

40 

========== 

Laundry Prewash: 

 aerosol/solid 

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

 all other forms 

1/1/94 

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

1/1/94 

22 

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

5 

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

12/31/2008 

5 

4.5 

Metal Polish/Cleanser 1/1/2005 30 

Motor Vehicle Wash 

 non-aerosol 12/31/10 0.2 

Multi-purpose Lubricant*: 

 (excluding solid or semisolid products) 

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

[*See sections 94509(q) and 94513(f) for additional 

requirements that apply to Multi-purpose Lubricant] 

1/1/2003 

12/31/2013 

12/31/2015 

=========== 

50 

25 

10 

========== 

Nail Polish Remover 1/1/94 

1/1/96 

12/31/2004 

12/31/2007 

85 

75 

0 

1 

Non-selective Terrestrial Herbicide: 

 non-aerosol 1/1/2002 3 

Odor Remover/Eliminator 

 aerosol 

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

 non-aerosol 

12/31/2010 

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

12/31/2010 

25 

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

6 

Oven Cleaner*: 

 aerosol/pump spray 

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

 liquid 

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

 non-aerosol (including pump spray and liquid) 

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

[*See section 94509(p) for additional requirements 

that apply to Oven Cleaner.] 

1/1/93 

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

1/1/93 

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

12/31/2008 

=========== 

8 

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

5 

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

1 

========== 
Consumer Products Regulation 38 (includes the June 2008 amendments) 

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 Product*: 

 products with 20% or less fragrance 

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

 products with more than 20% fragrance 

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

* See sections 94510(h), 94510(j), and 94510(l) for 

exemptions and requirements that apply to Personal 

Fragrance Products. 

1/1/95 

1/1/99 

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

1/1/95 

1/1/99 

=========== 

80 

75 

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

70 

65 

========== 

Pressurized Gas Duster* 

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

[*See section 94509(r) and 94510(c) for additional 

provisions that apply to Pressurized Gas Duster] 

12/31/2010 

=========== 

1 

========== 

Rubber /Vinyl Protectant: 

 aerosol 

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

 non-aerosol 

1/1/2005 

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

1/1/2003 

10 

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

3 

Sanitizer: 

 aerosol 

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

 non-aerosol 

12/31/2008 

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

12/31/2008 

70 

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

1 

Sealant or Caulking Compound* 

 all forms 

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

 Chemically Curing 

 non-aerosol 

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

 Non-chemically Curing 

 non-aerosol 

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

 [*See sections 94509(q) and 94512(d) for additional 

requirements that apply to Sealant or Caulking 

Compound] 

12/31/2002 

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

12/31/2012 

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

12/31/2010 

=========== 

4 

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

3 

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

1.5 

========== 

Shaving Cream 1/1/94 5 

Shaving Gel 12/31/2006 

12/31/2009 

7 

4 

Silicone-based Multi-purpose Lubricant: 

(excluding solid or semisolid products) 

1/1/2005 60 
Consumer Products Regulation 39 (includes the June 2008 amendments) 

Spot Remover*: 

 aerosol 

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

 non-aerosol 

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

[*See section 94509(q) for additional requirements 

that apply to Spot Remover] 

1/1/2001 

12/31/2010 

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

1/1/2001 

12/31/2010 

=========== 

25 

15 

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

8 

3 

========== 

Temporary Hair Color: 

 aerosol 12/31/2010 55 

Tire or Wheel Cleaner 

 aerosol 

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

 non-aerosol 

12/31/2010 

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

12/31/2010 

8 

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

2 

Tire Sealant and Inflator 12/31/2002 20 

Toilet/Urinal Care Product:* 

 aerosol 

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

 non-aerosol 

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

[* See section 94509(o) for additional requirements 

that apply to Toilet/Urinal Care Product] 

12/31/2006 

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

12/31/2006 

=========== 

10 

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

3 

========== 

Undercoating: 

 aerosol 1/1/2002 40 

Windshield Water Repellent 12/31/2010 75 

Wood Cleaner: 

 aerosol 

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

 non-aerosol 

12/31/2006 

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

12/31/2006 

17 

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

4 

1

 See section 94509(d) for the effective date of the VOC standards for products 

registered under FIFRA, and section 94509(c) and (d) for the “sell-through” allowed 

for products manufactured prior to the effective date of standards. 

2

 See section 94510(c) for an exemption that applies to fragrances in consumer 

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

(b) Products that are diluted prior to use

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

products for which the label, packaging, or accompanying literature specifically 

states that the product should be diluted with water or non-VOC solvent prior to 

use, the limits specified in subsection (a) shall apply to the product only after the 

minimum recommended dilution has taken place. For purposes of this subsection 

(b), “minimum recommended dilution” shall not include recommendations for 
Consumer Products Regulation 40 (includes the June 2008 amendments) 

incidental use of a concentrated product to deal with limited special applications 

such as hard-to-remove soils or stains. 

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

states that the product should be diluted with any VOC solvent prior to use, the 

limits specified in subsection (a) shall apply to the product only after the maximum 

recommended dilution has taken place. 

 

 (3) For “Automotive Windshield Washer 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 use; 

(A) the VOC limits specified in section 94509(a) shall apply to the product only 

after the minimum recommended dilution has taken place; 

(B) for the purpose of complying with the VOC limits specified in section 94509(a), 

different dilution instructions for “Type A areas” and other areas of California 

may be specified on the product label if the dilution instructions meet the 

following criteria: 

1. The instructions are readily visible, and 

2. The instructions can be 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 product label meet these 

criteria, the VOC limits specified in section 94509(a) shall apply to the 

product only after the minimum recommended dilution has taken place for 

the area in which the product is sold, supplied, or offered for sale. 

(4) For products sold in pump spray containers, the VOC limits specified in section 

94509(a) shall apply to the product prior to any minimum recommended dilution. 

(c) Sell-through of products. 

(1) Sell-through period. Notwithstanding the provisions of 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 Standards may be sold, supplied, or 

offered for sale for up to three years after each of the specified effective dates. 

This subsection (c) does not apply to: 

(A) any consumer product that does not display on the product container or 

package the date on which the product was manufactured, or a code indicating 

such date, or 
Consumer Products Regulation 41 (includes the June 2008 amendments) 

(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 Product” 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 specified below: 

1. Subsection (c)(1) does not apply to any individual consumer products unit 

contained within a multi-unit package that is produced or assembled after 

January 1, 2006, where the multi-unit package does not display the date(s) 

or date-code(s) of the individual product units, or display the date of 

assembly, such that the displayed information is not readily observable 

without irreversibly disassembling any portion of the container or packaging. 

2. For the purposes of this section, “date of assembly” means the date that the 

individual product units are assembled into the finished multi-unit package. 

3. For multi-unit packages that display the “date of assembly” instead of the 

date(s) or date-code(s) of the individual product units, the “date of 

assembly” shall be the “date of manufacture” for all of the product units 

contained within the multi-unit 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-through period. Any person who 

sells or supplies a consumer product subject to the Table of Standards in section 

94509 must notify the purchaser of the product in writing of the date on which the 

sell-through period for that product will end, provided, however, that this 

notification must be given only if all of the following conditions are met: 

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

(B) the sell-through period for the product will expire 6 months or less from 

the date the product is sold or supplied; 

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

 on the date the sell-through period ends; and 

(D) the product is subject to a VOC standard with an effective date on or 

 after December 31, 2004. 
Consumer Products Regulation 42 (includes the June 2008 amendments) 

(d) Products registered under FIFRA. For those consumer products that are 

registered under the Federal Insecticide, Fungicide, and Rodenticide Act, 

(FIFRA; 7 U.S.C. Section 136-136y), the effective date of the VOC standards 

specified in subsection (a) is one year after the date specified in the Table of 

Standards. For those consumer products that are registered under FIFRA, the 

three year period provided in subsection (c) shall also begin one year after the 

date specified in the Table of Standards. 

(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-difluoroethane), 

 CFC-115 (chloropentafluoroethane), halon 1211 (bromochlorodifluoromethane), 

 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-trichloroethane, and carbon 

tetrachloride. 

(f) The requirements of section 94509 (e) shall not apply to any existing product 

formulation that complies with the Table of Standards or any existing product 

formulation that is reformulated to meet the Table of Standards, provided the 

ozone depleting compound content of the reformulated product does not 

increase. 

(g) The requirements of section 94509 (e) shall not apply to any ozone depleting 

compounds that may be present as impurities in a consumer product in an 

amount equal to or less than 0.01% by weight of the product. 

(h) Requirements for charcoal lighter materials. The following requirements shall 

apply to all charcoal lighter material products as defined in section 94508(a): 

 

(1) Regulatory Standards 

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

District, no person shall sell, supply, or offer for sale after January 1, 1993 

any charcoal lighter material product unless at the time of the transaction: 

 1. the manufacturer or distributor of the charcoal lighter material has been 
Consumer Products Regulation 43 (includes the June 2008 amendments) 

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

2. the charcoal lighter material meets the formulation criteria and other 

conditions specified in the applicable Executive Order issued pursuant 

to subsection (h)(2).

 3. the product usage directions for the charcoal lighter material are the 

same as those provided to the Executive Officer pursuant to 

subsection (h)(2)(C). 

(B) In the South Coast Air Quality Management District, the regulatory 

standards specified in subsection (h)(1)(A) shall be applicable upon the 

effective date of this subsection. 

(2) Certification Requirements

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

subsection unless the applicant for certification demonstrates to the Executive 

Officer's satisfaction that the VOC emissions from the ignition of charcoal with 

the charcoal lighter material are less than or equal to 0.020 pound of VOC per 

start, using the procedures specified in the South Coast Air Quality 

Management District Rule 1174 Ignition Method Compliance Certification 

Protocol, dated February 27, 1991 (the “SCAQMD Rule 1174 Testing 

Protocol”). The provisions relating to LVP-VOC in sections 94508(a) and 

94510(d) shall not apply to any charcoal lighter material subject to the 

requirements of sections 94509(a) and (h). 

(B) The Executive Officer may approve alternative test procedures which are 

shown to provide equivalent results to those obtained using the SCAQMD 

Rule 1174 Testing Protocol. 

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

Executive Officer for certification of a charcoal lighter material formulation in 

accordance with this subsection (h)(2). The application shall be in writing 

and shall include, at a minimum, the following: 

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

SCAQMD Rule 1174 Testing Protocol. 

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

material's principal display panel, label, and any accompanying 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 used in the SCAQMD 

Rule 1174 Testing Protocol for that product, unless: 
Consumer Products Regulation 44 (includes the June 2008 amendments) 

 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 incorporated into the 

charcoal, such as certain “bag light,” “instant light,” or “match light” 

products. 

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

subsection (h)(2)(C)(2.)(i), the usage instructions provided to the 

Executive Officer shall accurately reflect the quantity of charcoal lighter 

material used in the SCAQMD Rule 1174 Testing Protocol for that 

product. 

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

required by the Executive Officer for use in determining when a product 

modification has occurred and for use in determining compliance with 

the conditions specified on the Executive Order issued pursuant to 

section (h)(2). 

(D) Within 30 days of receipt of an application, the Executive Officer shall advise 

the applicant in writing either that it is complete or that specified additional 

information is required to make it complete. Within 30 days of receipt of 

additional information, the Executive Officer shall advise the applicant in 

writing 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 application meets the requirements of 

this subsection (h)(2), then he or she shall issue an Executive Order 

certifying the charcoal lighter material formulation and specifying such 

conditions as are necessary to insure that the requirements of this 

subsection (h) are met. The Executive Officer shall act on a complete 

application within 90 days after the application is deemed complete. 

(3) Notice of Modifications

For any charcoal lighter material for which certification has been granted 

pursuant to subsection (h)(2), the applicant for certification shall notify the 

Executive Officer in writing within 30 days of: (i) any change in the usage 

directions, or (ii) any change in product formulation, test results, or any other 

information submitted pursuant to subsection (h)(2) which may result in VOC 

emissions greater than 0.020 pound of VOC per start. 

 
Consumer Products Regulation 45 (includes the June 2008 amendments) 

(4) Revocation of Certification

If the Executive Officer determines that any certified charcoal lighter material 

formulation results in VOC emissions from the ignition of charcoal which are 

greater than 0.020 pound of VOC per start, as determined by the SCAQMD 

Rule 1174 Testing Protocol and the statistical analysis procedures contained 

therein, the Executive Officer shall revoke or modify the certification as is 

necessary to assure that the charcoal lighter material will result in VOC 

emissions of less than or equal to 0.020 pound of VOC per start. The Executive 

Officer shall not revoke or modify the prior certification without first affording the 

applicant for the certification an opportunity for a hearing in accordance with the 

procedures specified in Title 17, California Code of Regulations, Division 3, 

Chapter 1, Subchapter 1, Article 4 (commencing with section 60040), to 

determine if the certification should be modified or revoked. 

 (5) Notwithstanding any other provision of this subsection 94509(h), charcoal lighter 

material products manufactured prior to January 1, 1993, may be sold, supplied, 

or offered for sale until July 1, 1994, in all areas of California except the South 

Coast Air Quality Management District. Charcoal lighter material products 

subject to SCAQMD Rule 1174 and sold, supplied, or offered for sale in the 

South Coast Air Quality Management District shall meet the requirements of 

section 94509(h) upon the effective date of this subsection, regardless of the 

date on which the products were manufactured. 

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

94508(a)(3)). 

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

aerosol adhesives apply to all uses of aerosol adhesives, including consumer, 

industrial, and commercial uses. Except as otherwise provided in sections 

94509(c), 94510, 94511, and 94514, no person shall sell, supply, offer for sale, 

use or manufacture for sale in California any aerosol adhesive which, at the 

time of sale, use, or manufacture, contains VOCs in excess of the specified 

standard. 

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

meet one or more of the definitions for “Special Purpose Spray Adhesive” 

specified in section 94508(a), but if the product label indicates that the 

product is suitable for use on any substrate or application not listed in one 

of the definitions for “Special Purpose Spray Adhesive,” then the 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 definitions specified in section 

94508(a) for “Special Purpose Spray Adhesive,” and is not classified as a 

“Web Spray Adhesive” or “Mist Spray Adhesive” under subsection (2)(A), 
Consumer Products Regulation 46 (includes the June 2008 amendments) 

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 sell, supply, offer for sale, or 

 manufacture for use in California any aerosol adhesive which contains any 

of the following compounds: methylene chloride, perchloroethylene, or 

trichloroethylene, except that an 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 date on which the product 

was manufactured, or a code indicating such date. 

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

in section 94512(d), and all manufacturers and responsible parties for 

aerosol adhesives must comply with the special reporting requirements 

specified in section 94513(d). 

(j) Requirements for Floor Wax Strippers. After an effective date of 

 January 1, 2002, no person shall sell, supply, offer for sale, or manufacture 

 for use in California any floor wax stripper unless the following requirements 

are met: 

 (1) The label of each non-aerosol floor wax stripper must specify a dilution ratio for 

light or medium build-up of polish that results in an as-used VOC concentration of 

3 percent by weight or less. 

 (2) If a non-aerosol floor wax stripper is also intended to be used for removal of 

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

ratio for heavy build-up of polish that results in an as-used VOC concentration of 

12 percent by weight or less. 

(3) The terms “light build-up,” “medium build-up,” or “heavy build-up” are not 

specifically required, as long as comparable terminology is used. 

(k) Effective dates of the VOC limits for “Carburetor or Fuel-injection Air Intake 

Cleaners” and “Construction, Panel, and Floor Covering Adhesives. “ “The 

definitions for the product categories of “Carburetor or Fuel-injection Air Intake 

Cleaners” and “Construction, Panel, and Floor Covering Adhesives” were 

modified as part of the “Mid-term Measures II” rulemaking action that was 

considered by the Board in October 1999. As a result of these modifications, 

certain types of consumer products were included in these definitions that had 

not previously been included. For those consumer products that were included in 

these definitions for the first time as a result of the “Mid-term Measures II” 

rulemaking action, the VOC limits (in section 94509(a)) applicable to these newly 

included products shall not become legally effective until December 31, 2002. 
Consumer Products Regulation 47 (includes the June 2008 amendments) 

(l) Automotive Windshield Washer Fluids. The provisions of subsection 94509(b)(1) 

shall not apply to “Automotive Windshield Washer Fluid (Pre-Mixed)” as defined 

in section 94508(a). 

(m) Requirements for Contact Adhesives, Electronic Cleaners, Footwear or Leather 

Care Products, and General Purpose Degreasers. 

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

December 31, 2005, no person shall sell, supply, offer for sale, or 

manufacture for use in California any Contact Adhesive, Electronic Cleaner, 

Footwear or Leather Care Product, or General Purpose Degreaser that 

contains any of 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 Degreasers that contain 

methylene chloride, perchloroethylene, or trichloroethylene and were 

manufactured before December 31, 2005, may be sold, supplied, or offered 

for sale until December 31, 2008, so long as the product container or 

package displays the date on which the product was manufactured, or a 

code indicating such date. 

 (3) Notification for products sold during the sell-through period. Any person who 

sells or supplies a consumer product identified above in section 94509(m)(1) 

must notify the purchaser of the product in writing that the sell-through period 

for that product will end on December 31, 2008, provided, however, that this 

notification must be given only if both of the following conditions are met: 

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

 

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

(4) Impurities. The requirements of section 94509(m)(1) and (m)(3) shall not 

apply to any Contact Adhesive, Electronic Cleaner, Footwear or Leather Care 

Product, or General Purpose Degreaser containing methylene chloride, 

perchloroethylene, or trichloroethylene that is present as an impurity in a 

combined amount equal to or less than 0.01% by weight. 

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

Removers. 

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

December 31, 2006, no person shall sell, supply, offer for sale, or 

manufacture for use in California any Adhesive Remover, Electrical Cleaner, 

or Graffiti Remover that contains any of the following compounds: 

methylene chloride, perchloroethylene, or trichloroethylene. 
Consumer Products Regulation 48 (includes the June 2008 amendments) 

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

Graffiti Removers that contain methylene chloride, perchloroethylene, or 

trichloroethylene and were manufactured before December 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 which the product was 

manufactured, or a code indicating such date. 

(3) Notification for products sold during the sell-through period. Any person who 

sells or supplies a consumer product identified above in section 94509(n)(1) 

must notify the purchaser of the product in writing that the sell-through period 

for that product will end on December 31, 2009, provided, however, that this 

notification must be given only if both of the following conditions are met: 

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

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

(4) Impurities. The requirements of section 94509(n)(1) and (n)(3) shall not apply 

to any Adhesive Remover, Electrical Cleaner, or Graffiti Remover containing 

methylene chloride, perchloroethylene, or trichloroethylene that is present as 

an impurity in a combined amount equal to or less than 0.01% by weight. 

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

 (1) Effective December 31, 2005, no person shall sell, supply, offer for sale, or 

manufacture for use in California any Solid Air Fresheners or Toilet/Urinal 

Care Products that contain para-dichlorobenzene, except those Solid Air 

Fresheners and Toilet/Urinal Care Products that contain paradichlorobenzene and were manufactured before December 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 which the product 

was manufactured, or a code indicating such date. 

(2) Notification for products sold during the sell-through period. Any person 

who sells or supplies any Solid Air Freshener or Toilet/Urinal Care Product 

that contains para-dichlorobenzene must notify the purchaser of the 

product in writing that the sell-through period for the product will end on 

December 31, 2006, provided, however, that this notification must be given 

only if both of the following conditions are met: 

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

 (B) the product is sold or supplied on or after June 30, 2006. 
Consumer Products Regulation 49 (includes the June 2008 amendments) 

(p) Requirements for Bathroom and Tile Cleaners, Construction, Panel, and Floor 

Covering Adhesives, electronic cleaners labeled as energized electronic 

equipment use only, General Purpose Cleaners, and Oven Cleaners. 

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

December 31, 2008, no person shall sell, supply, offer for sale, or 

manufacture for use in California any Bathroom and Tile Cleaner, 

Construction, Panel, and Floor Covering Adhesive, electronic cleaners 

labeled as energized electronic equipment use only, General Purpose 

Cleaner, or Oven Cleaner that contains any of the following compounds: 

methylene chloride, perchloroethylene, or trichloroethylene. 

 (2) Sell-through of Products. Bathroom and Tile Cleaners, Construction, Panel, 

and Floor Covering Adhesives, electronic cleaners labeled as energized 

electronic equipment use only, General Purpose Cleaners, and Oven 

Cleaners that contain methylene chloride, perchloroethylene, or 

trichloroethylene and were manufactured before December 31, 2008, may 

be sold, supplied, or offered for sale until December 31, 2011, so long as the 

product complies with the product dating requirements in section 94512(b). 

(3) Notification for products sold during the sell-through period. Any person who 

sells or supplies a consumer product identified above 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, provided, however, that this 

notification must be given only if both of the following conditions are met: 

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

 (B) the product is sold or supplied 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, Panel, and Floor Covering 

Adhesive, electronic cleaner labeled as energized electronic equipment use 

only, General Purpose Cleaner, or Oven Cleaner containing methylene 

chloride, perchloroethylene, or trichloroethylene that 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, offer for sale, or 

manufacture for use in California any Carpet/Upholstery Cleaner, Fabric 

Protectant, Multi-Purpose Lubricant, Penetrant, Sealant or Caulking 

Compound, or Spot Remover that contains any of the following 

compounds: methylene chloride, perchloroethylene, or trichloroethylene. 
Consumer Products Regulation 50 (includes the June 2008 amendments) 

(2) Sell-through of Products. Carpet/Upholstery Cleaners, Fabric Protectants, 

Multi-Purpose Lubricants, Penetrants, Sealant or Caulking Compound and 

Spot Removers that contain methylene chloride, perchloroethylene, or 

trichloroethylene and were manufactured before December 31, 2010, may 

be sold, supplied, or offered for sale until December 31, 2013, so long as 

the product complies with the product dating requirements in section 

94512(b). 

(3) Notification for products sold during the sell-through period. Any person 

who sells or supplies a consumer product identified above in section 

94509(q)(1) must notify the purchaser of the product in writing that the 

sell-through period for that product will end on December 31, 2013, 

provided, however, that this notification must be given only if both of the 

following conditions are met: 

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

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

(4) Impurities. The requirements of section 94509(q)(1) and (q)(3) shall not 

apply to any Carpet/Upholstery Cleaner, Fabric Protectant, Multi-Purpose 

Lubricant, Penetrant, Sealant or Caulking Compound, or Spot Remover 

containing methylene chloride, perchloroethylene, or trichloroethylene that 

is present as an impurity in a combined amount equal to or less than 

0.01% by weight. 

(5) The requirements of this section 94509(q) shall not apply to “Penetrant” 

products used on equipment when electrical current exists; residual 

electrical potential from a component exists; or an open flame exists, as 

long as the “Principal Display Panel” clearly displays the statement: 

 “Non-flammable: For use on energized equipment only.” 

(r) Requirements for Pressurized Gas Duster. 

(1) Except as provided below in sections 94509(r)(2) and (r)(3), effective 

December 31, 2010, no person shall sell, supply, offer for sale, or 

manufacture for use in California any Pressurized Gas 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 product complies 

with the product dating requirements in section 94512(b). 
Consumer Products Regulation 51 (includes the June 2008 amendments) 

(3) Notification for products sold during the sell-through period. Any person 

who sells or supplies a Pressurized Gas Duster identified above in section 

94509(r)(2) must notify the purchaser of the product, in writing, that the 

sell-through period for that product will end on December 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 or retailer; and 

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

 (4) The provisions relating to fragrance in section 94510(c) shall not apply to 

any Pressurized Gas Duster subject to 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 equal to or 

less than 0.1% by weight. 

(s) Requirements for Fabric Softener – Single Use Dryer Product. 

 

(1) Effective December 31, 2010, Fabric Softener – Single Use Dryer Product shall 

not contain more than 0.05 grams of VOC per use. Compliance with the VOC 

limit shall be determined per sheet, or equivalent delivery substrate, based on 

the minimum recommended use for a single drying cycle specified on the 

product packaging or label. In other words, if one sheet is the minimum 

recommended use for a single drying cycle, then the VOC limit applies per 

sheet. If two sheets are the minimum recommended use for a single drying 

cycle, then the VOC limit applies to the aggregate VOC content in two sheets. 

For purposes of this subsection, “minimum recommended use” shall not include 

recommendations for incidental use of additional sheets, or equivalent delivery 

substrate, for limited applications such as for extra large or double loads of 

washable fabrics in large capacity clothes dryers. 

(2) The provisions relating to fragrance in section 94510(c) shall not apply to Fabric 

Softener – Single Use Dryer Product subject to the requirements of this 

subsection 94509(s)(1). 

NOTE: Authority cited: Sections 38500, 38501, 38510, 38560, 38560.5, 38562, 38580, 

39600, 39601, 39650, 39658, 39659, 39666, and 41712, Health and Safety Code. 

Reference: Sections 38505, 39002, 39600, 39650, 39655, 39656, 39658, 39659, 

39666, 40000, and 41712, Health and Safety Code. 
Consumer Products Regulation 52 (includes the June 2008 amendments) 

§ 94510. Exemptions.

(a) This article shall not apply to any consumer product manufactured in California for 

shipment and use outside of California. 

(b) The provisions of this article shall not apply to a manufacturer or distributor who 

sells, supplies, or offers for sale in California a consumer product that does not 

comply with the VOC standards specified in Section 94509, as long as the 

manufacturer or distributor can demonstrate both that the consumer product is 

intended for shipment and use outside of California, and that the manufacturer or 

distributor has taken reasonable prudent precautions to assure that the consumer 

product is not distributed to California. This subsection (b) does not apply to 

consumer products that are sold, supplied, or offered for sale by any person to retail 

outlets in California. 

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

the VOC limits specified in Section 94509(a) shall not apply to fragrances up to a 

combined level of 2 percent by weight contained in any consumer product. 

(d) The VOC limits specified in Section 94509(a) shall 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; 7 U.S.C. Section 136-36y). 

(f) The VOC limits specified in Section 94509(a) shall not apply to air fresheners that 

are comprised entirely of fragrance, less compounds not defined as VOCs under 

Section 94508 or exempted under Section 94510(d). 

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

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

 (2) Until December 30, 2006, the VOC limits specified in Section 94509(a) shall not 

apply to solid air fresheners containing at least 98% para-dichlorobenzene. On or 

after December 31, 2006, the provisions of section 94509(o) apply to solid air 

fresheners containing para-dichlorobenzene. 

(h) Except as specified in 94510(h)(3) below, the VOC limits specified in 

 Section 94509(a) shall not apply to: 

(1) existing personal fragrance products or personal fragrance products in 

development on or before April 1, 1992, provided that both (i) the registration data 

specified in section 94513 is submitted for every such product by the date 

specified in section 94513(a), or prior to July 1, 1993, whichever date occurs later, 

and (ii) such product is sold in California prior to January 1, 1994. For the 
Consumer Products Regulation 53 (includes the June 2008 amendments) 

purposes of this subsection, a product “in development” means: 

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

request of a personal fragrance product manufacturer, or 

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

documentation authorizing the creation and marketing of the product. 

(2) personal fragrance products in development may be registered to qualify for this 

exemption under hypothetical trade names or pseudonyms, provided that the 

actual trade name is supplied to the Executive Officer within 30 days of 

marketing such products, or January 1, 1994, whichever occurs first. 

(3) Effective December 31, 2014, subsections 94510(h)(1) and 94510(h)(2) shall no 

longer apply to any “Personal Fragrance Product” that contains 20 percent or 

less fragrance. Products manufactured before December 31, 2014 may be sold, 

supplied, or offered for sale until December 31, 2017, so long as the product 

complies with the product dating requirements in Section 94512(b). 

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

containers of 1 fluid ounce or less. 

(j) The VOC limits specified in Section 94509(a) shall not apply to any VOC which is a 

fragrance in a personal fragrance product. 

(k) The VOC limits specified in Section 94509(a) shall not apply to bait station 

insecticides. For the purpose of this section, bait station insecticides are containers 

enclosing an insecticidal bait that is not more than 0.5 ounce by weight, where the 

bait is designed to be ingested by insects and is composed of solid material feeding 

stimulants with less than 5 percent (%) active ingredients. 

(l) Except as specified in 94510(l)(1), the 1/1/99 VOC limits specified in 

 Section 94509(a) for personal fragrance products shall not apply to such products 

which have been sold in California prior to 1/1/99. 

(1) On or after December 31, 2014, the 75 percent by weight VOC limit shall apply to 

any “Personal Fragrance Product” that contains 20 percent or less fragrance. 

Products manufactured before December 31, 2014 may be sold, supplied, or 

offered for sale until December 31, 2017, so long as the product complies with 

the product dating requirements in Section 94512(b). 

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

Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code. 
Consumer Products Regulation 54 (includes the June 2008 amendments) 

§ 94511. Innovative Products. 

(a) The Executive Officer shall exempt a consumer product from the VOC limits 

specified in Section 94509(a) if a manufacturer demonstrates by clear and 

convincing evidence that, due to some characteristic of the product formulation, 

design, delivery systems or other factors, the use of the product will result in less 

VOC emissions as compared to: 

 (1) the VOC emissions from a representative consumer product which complies with 

the VOC limits specified in Section 94509(a), or 

 (2) the calculated VOC emissions from a noncomplying representative product, if the 

product had been reformulated to comply with the VOC limits specified in section 

94509(a). VOC emissions shall be calculated using the following equation: 

 

 ER = ENC x VOCSTD ÷ VOCNC 

 where: 

 ER = The VOC emissions from the noncomplying representative 

product, had it been reformulated. 

 ENC = The VOC emissions from the noncomplying representative 

product in its current formulation. 

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

 VOCNC = the VOC content of the noncomplying product in its current 

formulation. 

If a manufacturer demonstrates that this equation yields inaccurate results due to 

some characteristic of the product formulation or other factors, an alternative 

method which accurately calculates emissions may be used upon approval of the 

Executive Officer. 

(b) For the purposes of this section, “representative consumer product” means a 

consumer product which meets all of the following criteria: 

 (1) the representative product shall be subject to the same VOC limit in 

 Section 94509(a) as the innovative product. 

 (2) the representative product shall be of the same product form as the innovative 

product, unless the innovative product uses a new form which does not exist in 

the product category at the time the application is made. 

 
Consumer Products Regulation 55 (includes the June 2008 amendments) 

(3) the representative product shall have at least similar efficacy as other consumer 

products in the same product category based on tests generally accepted for that 

product category by the consumer products industry. 

(c) A manufacturer shall apply in writing to the Executive Officer for any exemption 

claimed under subsection (a). The application shall include the supporting 

documentation that demonstrates the reduction of emissions from the innovative 

product, including the actual physical test methods used to generate the data and, if 

necessary, the consumer testing undertaken to document product usage. In 

addition, the applicant must provide any information necessary to enable the 

Executive Officer to establish enforceable conditions for granting the exemption 

including the VOC content for the innovative product and test methods for 

determining the VOC content. All information submitted by a manufacturer pursuant 

to this section shall be handled in accordance with the procedures specified in 

 Title 17, California Code of Regulations, Sections 91000-91022. 

(d) Within 30 days of receipt of the exemption application the Executive Officer shall 

determine whether an application is complete as provided in section 60030(a), 

Title 17, California Code of Regulations. 

(e) Within 90 days after an application has been deemed complete, the Executive 

Officer shall determine whether, under what conditions, and to what extent, an 

exemption from the requirements of Section 94509(a) will be permitted. The 

applicant and the Executive Officer may mutually agree to a longer time period for 

reaching a decision, and additional supporting documentation may be submitted by 

the applicant before a decision has been reached. The Executive Officer shall notify 

the applicant of the decision in writing and specify such terms and conditions that 

are necessary to ensure that emissions from the product will meet the emissions 

reductions specified in subsection (a), and that such emissions reductions can be 

enforced. 

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

conditions that are enforceable. These conditions shall include the VOC content of 

the innovative product, dispensing rates, application rates, application rates, and any 

other parameters determined by the Executive Officer to be necessary. The 

Executive Officer shall also specify the test methods for determining conformance to 

the conditions established. The test methods shall include criteria for reproducibility, 

accuracy, and sampling and laboratory procedures. 

(g) For any product for which an exemption has been granted pursuant to this section, 

the manufacturer shall notify the Executive Officer in writing within 30 days of any 

change in the product formulation or recommended product usage directions, and 

shall also notify the Executive Officer within 30 days if the manufacturer learns of 

any information which would alter the emissions estimates submitted to the 

Executive Officer in support of the exemption application. 
Consumer Products Regulation 56 (includes the June 2008 amendments) 

(h) If the VOC limits specified in Section 94509(a) are lowered for a product category 

through any subsequent rulemaking, all innovative product exemptions granted for 

products in the product category, except as provided in this subsection (h), shall 

have no force and effect as of the effective date of the modified VOC standard. This 

subsection (h) shall not apply to those innovative products which have VOC 

emissions less than the applicable lowered VOC limit and for which a written 

notification of the product's emissions status versus the lowered VOC limit has been 

submitted to and approved by the Executive Officer at least 60 days before the 

effective date of such limits. 

(i) If the Executive Officer believes that a consumer product for which an exemption 

has been granted no longer meets the criteria for an innovative product specified in 

subsection (a), the Executive Officer may modify or revoke the exemption as 

necessary to assure that the product will meet these criteria. The Executive Officer 

shall not modify or revoke an exemption without first affording the applicant an 

opportunity for a public hearing held in accordance with the procedures specified in 

Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 1, 

Article 4 (commencing with Section 60040), to determine if the exemption should be 

modified or revoked. 

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

Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code. 

§ 94512. Administrative Requirements. 

(a) Most Restrictive Limit. 

(1) Products Manufactured Before January 1, 2007, and FIFRA-registered 

Insecticides Manufactured Before January 1, 2008. Notwithstanding the definition 

of “Product Category” in Section 94508, if anywhere on the principal display panel of 

any consumer product manufactured before January 1, 2007, or any 

FIFRA-registered insecticide manufactured before January 1, 2008, any 

representation is made that the product may be used as, or is suitable for use as a 

consumer product for which a lower VOC limit is specified in Section 94509(a), then 

the lowest VOC limit shall apply. This requirement does not apply to general 

purpose cleaners and insecticide foggers. 

 (2) Products Manufactured on or After January 1, 2007, and FIFRA-registered 

Insecticides Manufactured on or After January 1, 2008. Notwithstanding the 

definition of “product category” in Section 94508, if anywhere on the container or 

packaging of any consumer product manufactured on or after January 1, 2007, or 

any FIFRA-registered insecticide manufactured on or after January 1, 2008, or on 

any sticker or label affixed thereto, any representation is made that the product may 

be used as, or is suitable for use as a consumer product for which a lower VOC limit 

is specified in Section 94509(a), then the lowest VOC limit shall apply. This 

requirement does not apply to general purpose cleaners and insecticide foggers. 
Consumer Products Regulation 57 (includes the June 2008 amendments) 

(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 other product categories, the “most 

restrictive limit” provisions of section 94512(a) apply to regulated products that meet 

the definition of the regulated product category and also make any representation 

that the regulated product may be used as (or is suitable for use as) a product that 

falls within one or more of the excluded product categories. Notwithstanding the 

foregoing above, this provision does not apply to “Disinfectant”/”Sanitizer” products 

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/sanitizing or anti-microbial 

claims on the label. 

For example, if the definition for Regulated Product Category A states that it “does 

not include” Regulated Product Category B, then the “most restrictive limit” 

provisions apply to a regulated product 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 used as (or is suitable for use as) 

Regulated Category Product B, then the regulated product would be subject to the 

lowest VOC limit specified in section 94509(a) for either Product Category A or 

Product Category B. 

 

 For the purposes of this section: 

 

“Regulated product” means a consumer product for which a VOC standard is 

specified in section 94509(a), and 

“Representation” has the same meaning as used above in subsections 

94512(a)(1) and 94512(a)(2) (i.e., what statements qualify as a “representation” 

depends on the date the product was manufactured and whether the statements 

appear on the “principal display panel” or other parts of the product container or 

packaging.) 

(b) Product Dating. 

(1) Each manufacturer of a consumer product subject to Section 94509 shall clearly 

display on each consumer product container or package, the day, month, and 

year on which the product was manufactured, or a code indicating such date. 

Codes that represent a sequential batch number, or that otherwise cannot be 

attributed to a specific day, month, and year, do not satisfy this requirement. 
Consumer Products Regulation 58 (includes the June 2008 amendments) 

(2) A manufacturer who uses the following code to indicate the date of manufacture 

shall not be subject to the requirements of section 94512(c)(1), if the code is 

represented separately from other codes on the product container so that it is 

easily recognizable: 

YY DDD = year year day day day 

 Where: “YY” = two digits representing the year in which the product was 

manufactured, and 

“DDD” = three digits representing the day of the year on which the 

product was manufactured, with “001” representing the first day of the 

year, “002” representing the second day of the year, and so forth 

(i.e. the “Julian date”) 

 (3) This date or code shall be displayed on each consumer product container or 

package no later than twelve months prior to the effective date of the applicable 

standard specified in Section 94509. 

(4) Except as otherwise provided in subsection (b)(5), for products manufactured on 

or after January 1, 2006, the date or code shall be displayed on the product 

container such that it is readily observable without irreversibly disassembling any 

portion of the product container or packaging. For the purposes of this 

subsection, information may be displayed on the bottom of a container as long as 

it is clearly legible without removing any product packaging. 

(5) Products Sold in Multi-unit Packages. 

(A) Products sold, supplied, or offered for sale in multi-unit packages are not 

required to comply with subsection (b)(4). 

(B) If a multi-unit package does not comply with subsection (b)(4), the 

“sell-through” provisions of section 94509(c)(1) shall not apply to the 

individual product units contained within the multi-unit package. In other 

words, if any multi-unit package produced or assembled after 

January 1, 2006, does not display the date(s) or date-code(s) of the product 

units, such that the displayed information is readily observable without 

irreversibly disassembling any portion of the container or packaging, the 

individual product units shall be subject to the VOC standards in effect when 

the multi-unit package is sold, supplied, or offered for sale, regardless of the 

date on which the product units were manufactured. 

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

date of assembly instead of the date(s) or date-code(s) of the individual 

product units, so long as the date of assembly is readily observable without 

irreversibly disassembling any portion of the container or packaging. The 
Consumer Products Regulation 59 (includes the June 2008 amendments) 

“date of assembly” means the date that the individual product units are 

assembled into the finished multi-unit package. If the date of assembly is 

displayed instead of the individual date(s) or date-code(s), the “date of 

assembly” shall be the “date of manufacture” for all of the product units 

contained within the multi-unit package. In other words, all of the product 

units shall be deemed to have been manufactured on the date these units are 

assembled into the multi-unit package, even if the individual product units 

show different date(s) or date-code(s), and the “date of assembly” shall be 

“date of manufacture” of each product unit for the purposes of applying the 

“sell-through” provisions of section 94509(c). 

(6) The requirements of this subsection (b) shall not apply to: 

(A) personal fragrance products of 2 milliliters or less, which are offered to 

consumers free of charge for the purpose of sampling the product; or 

(B) products containing no VOCs (as defined in section 94508), or containing 

VOCs at 0.10% by weight or less. 

(c) Additional Product Dating Requirements 

(1) If a manufacturer uses a code indicating the date of manufacture, for any 

consumer product subject to section 94509 an explanation of the code must 

be filed with the Executive Officer of the ARB no later than twelve months 

prior to the effective date of the applicable standard specified in section 

94509. Thereafter, manufacturers using a code must file an explanation of 

the code with the Executive Officer on an annual basis, beginning in 2006. 

The explanation of the code must be received by the Executive Officer on or 

before January 31st of each year, with the first explanation due on or before 

January 31, 2006. 

(2) If a manufacturer changes any code indicating the date of manufacture for 

any consumer product subject to subsection (c)(1), an explanation of the 

modified code must be received by the Executive Officer before any products 

displaying the modified code are sold, supplied, or offered for sale in 

California. 

 (3) No person shall erase, alter, deface, or otherwise remove or make illegible 

any date or code indicating the date of manufacture from any regulated 

product container without the express authorization of the manufacturer. 

 (4) Codes indicating the date of manufacture are public information and may not 

be claimed as confidential. 
Consumer Products Regulation 60 (includes the June 2008 amendments) 

(d) Additional Labeling Requirements for Aerosol Adhesive, Adhesive Remover, 

 Electronic Cleaner, Electrical Cleaner, Energized Electrical Cleaner, Contact 

 Adhesive, and Sealant or Caulking Compound (non-aerosol).

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

 the manufacturer and responsible party for each aerosol adhesive, adhesive 

remover, electronic cleaner, electrical cleaner, energized electrical cleaner, 

contact adhesive product, and sealant or caulking compound (non-aerosol) 

subject to this article shall ensure that all products clearly display the 

following information on each product container which is manufactured on or 

after the effective date for the category specified in section 94509(a), except 

that for non-chemically curing sealant or caulking compound (non-aerosol), 

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 section 94509(a) or an 

abbreviation of the category shall be displayed; 

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

section 94509(a), except for Energized Electrical Cleaner, 

expressed as a percentage by weight, shall be displayed unless 

the product is included in an alternative control plan approved by 

the Executive Officer, as provided in Article 4, Sections 94540-

94555, Title 17, California Code of Regulations, and the product 

exceeds the applicable VOC standard; 

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

by the Executive Officer, and the product exceeds the applicable 

VOC standard specified in section 94509(a), the product shall be 

labeled with the term “ACP” or “ACP product;” 

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

applicable substrate and/or application or an abbreviation of the 

substrate/application that qualifies the product as special purpose shall 

be displayed; 

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

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

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

 

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

product container such that it is readily observable without removing or 

disassembling any portion of the product container or packaging. For the 

purposes of this subsection, information may be displayed on the bottom of a 

container as long as it is clearly legible without removing any product 

packaging. 
Consumer Products Regulation 61 (includes the June 2008 amendments) 

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

section 94512(d)(1) prior to final sale of the product. 

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

Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code. 

§ 94513. Reporting Requirements.

(a) Upon 90 days written notice, the Executive Officer may require any 

responsible party to report information for any consumer product or products the 

Executive Officer may specify including, but not limited to, all or part of the 

information specified in the following subsections (a)(1) through (a)(12). If the 

responsible party does not have or does not provide the information requested by 

the Executive Officer, the Executive Officer may require 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, and designated contact person; 

(2) any claim of confidentiality made pursuant to Title 17, California Code of 

Regulations, Section 91011; 

 

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

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

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

(6) an identification of each product brand name and form as a “Household Product,” 

“I&I Product,” or both; 

(7) separate California sales in pounds per year, to the nearest pound, and the 

method used to calculate California sales for each product form; 

(8) for information submitted by multiple companies, an identification of each 

company which is submitting relevant data separate from that submitted by the 

responsible party. All information from all companies shall be submitted by the 

date specified in Section 94513(a); 

 (9) for each product brand name and form, the net percent by weight of the total 

product, less container and packaging, comprised of the following, rounded to the 

nearest one-tenth of a percent (0.1%): 

 (A) Total Table B Compounds 

 (B) Total LVP-VOCs that are not fragrances 

 (C) Total All Other Carbon-Containing Compounds that are not fragrances 
Consumer Products Regulation 62 (includes the June 2008 amendments) 

 (D) Total All Non-Carbon-Containing Compounds 

 (E) Total Fragrance 

 (F) For products containing greater than two percent 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 density of the fragrance 

 (H) Total Para-dichlorobenzene 

 

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

chemical name and associated Chemical Abstract Services (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 of 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 94513(a)(10), the responsible party shall 

report or shall arrange to have reported to the Executive Officer the net percent by 

weight of each ozone-depleting compound which is (1) listed in section 94509(e) and 

(2) contained in a product subject to reporting under section 94513(a) in any amount 

greater than 0.1 percent by weight. 

(c) All information submitted by any person pursuant to Section 94513 shall be handled 

in accordance with the procedures specified in Title 17, California Code of 

Regulations, Sections 91000-91022. 

(d) Special Reporting Requirements for Aerosol Adhesives

On or before March 31, 2004, all responsible parties for aerosol adhesives shall 

report to the Executive Officer the following information for products sold or offered 

for sale in California: 

 (1) data regarding product sales and composition for the year 2003, including the 

information listed in Section 94513(a), and any other information that the 

Executive Officer may specify; and 

(2) a written update of the research and development efforts undertaken to achieve 

VOC limits lower than the limits specified in section 94509(a). The written update 

must include detailed information about the raw materials (solvents, propellants, 

resins, and polymers) and hardware (valves, actuators, cans) used in product 
Consumer Products Regulation 63 (includes the June 2008 amendments) 

reformulation, the testing protocols used, the results of the testing, and the cost 

of reformulation efforts. 

(3) On or before December 31, 2003, the Executive Officer 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 Products that Contain 

 Perchloroethylene or Methylene Chloride: 

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

(A) consumer products that are subject to section 94509(a) and contain 

perchloroethylene or methylene chloride, and 

(B) Energized Electrical Cleaners as defined in section 94508(a), that contain 

perchloroethylene or methylene chloride. For the purposes of this subsection, 

a product “contains perchloroethylene or methylene chloride” if the product 

contains 1.0 percent or more by weight (exclusive of the container or 

packaging) of either perchloroethylene or methylene chloride. 

 (2) For each consumer product that contains perchloroethylene or methylene 

chloride, the responsible party shall report the following information for products 

sold in California during each calendar year, beginning with the year 2000, and 

ending with the year 2010. 

(A) the product brand name and a copy of the product label with legible usage 

instructions; 

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

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

(D) for each product form listed in (C), the total sales in California during the 

calendar year to the nearest pound (exclusive of the container or packaging), 

and the method used for calculating the California sales; 

(E) the weight percent, to the nearest 0.10 percent, of perchloroethylene and 

methylene chloride in the consumer product.

 (3) The information specified in subsection 94513(e)(2) shall be reported for each 

calendar year by March 1 of the following year. The first report shall be due on 

March 1, 2001, for calendar year 2000. A new report is due on March 1 of each 

year thereafter, until March 1, 2011, when the last report is due. 

 
Consumer Products Regulation 64 (includes the June 2008 amendments) 

(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 procedures for handling of confidential

information specified in Title 17, California Code of Regulations, sections 91000-

91022. 

(A) On or before July 1, 2002, the Executive Officer shall evaluate the 

information, along with data on influent and effluent levels of 

perchloroethylene as reported by publicly-owned treatment works personnel 

and any other relevant information, to determine if it is likely that 

publicly-owned treatment works are experiencing increased levels of 

perchloroethylene, relative to 1996 levels, that can be attributed to consumer 

products which contain perchloroethylene. 

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

perchloroethylene levels at the publicly-owned treatment works are caused 

by increased levels of perchloroethylene in consumer products subject to this 

regulation, then the Executive Officer shall, in conjunction with the 

publicly-owned treatment works and other appropriate parties, implement 

measures which are feasible, appropriate, and necessary for reducing 

perchloroethylene levels at the publicly-owned treatment works. 

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

(1) On or before March 31, 2012, all responsible parties for Multi-purpose Lubricant 

and Penetrant 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 the year 2011, including 

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

 (B) a written update of the research and development efforts undertaken to 

achieve the 25 percent VOC limits specified in section 94509(a). The written 

update must include detailed information about the raw materials evaluated 

for use, maximum incremental reactivity (MIR) values for any VOC or LVPVOC used or evaluated, the function of the raw material evaluated, hardware 

used in product reformulation, the testing protocols used, the results of the 

testing, and the cost of reformulation efforts. 

(2) On or before March 31, 2014, all responsible parties 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 the year 2013, including 

the information listed in Section 94513(a), the entire product label; and 
Consumer Products Regulation 65 (includes the June 2008 amendments) 

 (B) a written update of the research and development efforts undertaken to 

achieve the 10 percent VOC limit specified in section 94509(a). The written 

update must include detailed information about the raw materials evaluated 

for use, MIR values for any VOC or LVP-VOC used or evaluated, the 

function of the raw material evaluated, hardware used in product 

reformulation, the testing protocols used, the results of the testing, and the 

cost of reformulation efforts. 

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

Code. Reference: Sections 39002, 39600, 40000, 41511, and 41712, Health and 

Safety Code. 

§ 94514. Variances. 

(a) Applications for variances. Any person who cannot comply with the requirements 

set forth in Section 94509, because of extraordinary reasons beyond the person's 

reasonable control may apply in writing to the Executive Officer for a variance. The 

variance application shall set forth: 

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

 (2) the proposed date(s) by which compliance with the provisions of Section 94509 

will be achieved; 

 (3) a compliance report reasonably detailing the method(s) by which compliance will 

be achieved, and 

 (4) for applicants requesting a variance from the June 1, 1999, 55 percent VOC 

standard for hairspray products, the variance application shall also include a plan 

describing how the applicant will mitigate the excess VOC emissions that would 

be emitted during the period of the variance. 

(b) Notices and public hearings for variances. Upon receipt of a variance application 

containing the information required in subsection (a), the Executive Officer shall hold 

a public hearing to determine whether, under what conditions, and to what extent, a 

variance from the requirements in Section 94509 is necessary and will be permitted. 

A hearing shall be initiated no later than 75 days after receipt of a variance 

application. Notice of the time and place of the hearing shall be sent to the applicant 

by certified mail not less than 30 days prior to the hearing. Notice of the hearing 

shall also be submitted for publication in the California Regulatory Notice Register 

and sent to every person who requests such notice, not less than 30 days prior to 

the hearing. The notice shall state that the parties may, but need not be, 

represented by counsel at the hearing. At least 30 days prior to the hearing, the 

variance application shall be made available to the public for inspection. Interested 

members of the public shall be allowed a reasonable opportunity to testify at the 

hearing and their testimony shall be considered. 
Consumer Products Regulation 66 (includes the June 2008 amendments) 

(c) Treatment of confidential information. Information submitted to the Executive Officer 

by a variance applicant may be claimed as confidential, and such information shall 

be handled in accordance with the procedures specified in Title 17, California Code 

of Regulations, Sections 91000-91022. The Executive Officer may consider such 

confidential information in reaching a decision on a variance application. 

(d) Necessary findings for granting variances. No variance shall be granted unless all of 

the following findings are made: 

 (1) that, because of reasons beyond the reasonable control of the applicant, 

requiring compliance with Section 94509 would result in extraordinary economic 

hardship. 

 

 (2) that the public interest in mitigating the extraordinary hardship to the applicant by 

issuing the variance outweighs the public interest in avoiding any increased 

emissions of air contaminants which would result from issuing the variance. 

 (3) that the compliance report proposed by the applicant can reasonably be 

implemented, and will achieve compliance as expeditiously as possible. 

(e) Variance orders. Any variance order shall specify a final compliance date by which 

the requirements of Section 94509 will be achieved. Any variance order shall 

contain a condition that specifies increments of progress necessary to assure timely 

compliance, and such other conditions that the Executive Officer, in consideration of 

the testimony received at the hearing, finds necessary to carry out the purposes of 

Division 26 of the Health and Safety Code. 

(f) Situations in which variances shall cease to be effective. A variance shall cease to 

be effective upon failure of the party to whom the variance was granted to comply 

with any term or condition of the variance. 

(g) Modification and revocation of variances. Upon the application of any person, the 

Executive Officer may review, and for good cause, modify or revoke a variance from 

requirements of Section 94509 after holding a public hearing in accordance with the 

provisions of subsection (b). 

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

In imposing conditions in variance orders granted from the June 1, 1999, 55 percent 

VOC standard for hairspray products, the Executive Officer, in addition to any other 

conditions that may be imposed, shall require the applicant to mitigate the excess 

VOC emissions that would be emitted during the period of the variance. If this 

mitigation requirement would result in an extraordinary economic hardship to the 

applicant, or if other good cause exists, the Executive Officer may waive all or part of 

this requirement. 
Consumer Products Regulation 67 (includes the June 2008 amendments) 

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

Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code. 

§ 94515. Test Methods. 

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

Testing to determine compliance with the requirements of this article, shall be 

performed using Air Resources Board Method 310, Determination of Volatile 

Organic Compounds (VOC) in Consumer Products, adopted September 25, 1997 

and as last amended on May 5, 2005, which is incorporated herein by reference. 

Alternative methods which are shown to accurately determine the concentration 

of VOCs in a subject product or its emissions may be used upon approval of the 

Executive Officer. 

 (2) In sections 3.5, 3.6, and 3.7 of Air Resources Board (ARB) Method 310, a 

process is specified for the “Initial Determination of VOC Content” and the “Final 

Determination of VOC Content”. This process is an integral part of testing 

procedure set forth in ARB Method 310, and is reproduced below: 

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

 3.5 Initial Determination of VOC Content. The Executive Officer will 

determine the VOC content pursuant to sections 3.2 and 3.3. Only those 

components with concentrations equal to or greater than 0.1 percent by 

weight will be reported. 

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

Officer will make an initial determination of whether the product meets 

the applicable VOC standards specified in ARB regulations. If initial 

results show that the product does not meet the applicable VOC 

standards, the Executive Officer may perform additional testing to 

confirm the initial results. 

3.5.2 If the results obtained under section 3.5.1 show that the product does 

not meet the applicable VOC standards, the Executive Officer will 

request the product manufacturer or responsible party to supply product 

formulation data. The manufacturer or responsible party shall supply 

the requested information. Information submitted to the ARB Executive 

Officer may be claimed as confidential; such information will be handled 

in accordance with the confidentiality procedures specified in Title 17, 

California Code of Regulations, sections 91000 to 91022. 

 
Consumer Products Regulation 68 (includes the June 2008 amendments) 

3.5.3 If the information supplied by the manufacturer or responsible party 

shows that the product does not meet the applicable VOC standards, 

then the Executive Officer will take appropriate enforcement action. 

 3.5.4 If the manufacturer or responsible party fails to provide formulation 

data as specified in section 3.5.2, the initial determination of VOC 

content under this section 3.5 shall determine if the product is in 

compliance with the applicable VOC standards. This determination 

may be used to establish a violation of ARB regulations. 

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

section does not apply to antiperspirant and deodorants or aerosol coating 

products because there is no LVP-VOC exemption for these products. 

 3.6.1 Formulation data. If the vapor pressure is unknown, the following 

ASTM methods may be used to determine the LVP-VOC status 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 product formulation to 

determine the boiling point for a compound or for a mixture. If the 

boiling point exceeds 216o

C, the compound or mixture is an LVP-VOC. 

If the boiling point is less than 216oC, then the weight percent of the 

mixture which boils above 216o

C is an LVP-VOC. The Executive 

Officer will use the nearest 5 percent distillation cut that is greater than 

216oC as determined under 3.6.1 to determine the percentage of the 

mixture qualifying as an LVP-VOC. 

 3.6.3 Reference method for identification of LVP-VOC compounds and 

mixtures. If a product does not qualify as an LVP-VOC under 3.6.2, 

the Executive Officer will test a sample of the compound or mixture 

used in a products formulation utilizing one or both of the following: 

ASTM D 2879-97, as modified in Appendix B to this Method 310, and 

ASTM E 1719-97, to determine if the compound or mixture meets the 

requirements of Title 17, CCR, section 94508(a)(94). 

 3.7 Final Determination of VOC Content. If a product’s compliance status is not 

satisfactorily resolved under sections 3.5 and 3.6, the Executive Officer will 

conduct further analyses and testing as necessary to verify the formulation 

data. 

 3.7.1 If the accuracy of the supplied formulation data is verified and the 

product sample is determined to meet the applicable VOC standards, 
Consumer Products Regulation 69 (includes the June 2008 amendments) 

then no enforcement action for violation of the VOC standards will be 

taken. 

 3.7.2 If the Executive Officer is unable to verify the accuracy of the supplied 

formulation data, then the Executive Officer will request the product 

manufacturer or responsible party to supply information to explain the 

discrepancy. 

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

results of Method 310 and the supplied formulation data, then the 

results of Method 310 shall take precedence over the supplied 

formulation data. The results of Method 310 shall then determine if the 

product is in compliance with the applicable VOC standards, and may 

be used to establish a violation of ARB regulations. 

(b) VOC content determinations using product formulation and records. Testing to 

determine compliance with the requirements of this article may also be 

demonstrated through calculation of the VOC content from records of the amounts of 

constituents used to make the product pursuant to the following criteria: 

(1) Compliance determinations based on these records may not be used unless 

the manufacturer of a consumer product keeps accurate records for each day 

of production of the amount and chemical composition of the individual 

product constituents. These records must be kept for at least three years. 

(2) For the purposes of this section 94515(b), the VOC content shall be 

calculated according to the following equation: 

 where, 

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

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

 C = total weight of VOCs exempted under Section 94510, per unit 

(3) If product records appear to demonstrate compliance with the VOC limits, but 

these records are contradicted by product testing performed using ARB 

 Method 310, the results of ARB Method 310 shall take precedence over the 

product records and may be used to establish a violation of the requirements of 

this article. 

 VOC Content = B - C x 100 

 A 
Consumer Products Regulation 70 (includes the June 2008 amendments) 

(c) Determination of liquid or solid. Testing to determine whether a product is a liquid or 

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 requirements for charcoal lighter material 

shall be performed using the procedures specified in the South Coast Air Quality 

Management District Rule 1174 Ignition Method Compliance Certification Protocol 

(February 28, 1991), which is incorporated by reference herein. 

(e) Testing to determine distillation points of petroleum distillate-based charcoal lighter 

materials shall be performed using ASTM D86-01, which is incorporated by 

reference herein. 

(f) Fragrance content determinations for personal fragrance products. Testing to 

determine the percent by weight of fragrance in personal fragrance products shall be 

performed according to the Association of Official Analytical Chemists (AOAC) 

Official Method of Analysis No. 932.11, 1990, “Essential Oil in Flavor Extracts and 

Toilet Preparations, Babcock Method” (AOAC Official Methods of Analysis, 

 15th Edition, 1990), which is incorporated by reference herein. 

(g) No person shall create, alter, falsify, or otherwise modify records in such a way that 

the records do not accurately reflect the constituents used to manufacture a product, 

the chemical composition of the individual product, and any other test, processes, or 

records used in connection with product manufacture. 

NOTE: Authority cited: Sections 39600, 39601, 39607, 41511, and 41712, Health and 

Safety Code. Reference: Sections 39002, 39600, 39607, 40000, 41511, and 41712, 

Health and Safety Code. 

94516. Severability.

Each part of this article shall be deemed severable, and in the event that any part of 

this article is held to be invalid, the remainder of this article shall continue in full force 

and effect. 

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

Reference: Sections 39002, 39600, 40000, and 41712, Health and Safety Code. 

94517. Federal Enforceability.

For purposes of federal enforceability of this article, the Environmental Protection 

Agency is not subject to approval determinations made by the Executive Officer 

under Sections 94511, 94514, and 94515. Within 180 days of a request from a 

person who has been granted an exemption or variance under Section 94511 or 

94514, an exemption or variance meeting the requirements of the Clean Air Act shall 

be submitted by the Executive Officer to the Environmental Protection Agency for 
Consumer Products Regulation 71 (includes the June 2008 amendments) 

inclusion in the applicable implementation plan approved or promulgated by the 

Environmental Protection Agency pursuant to Section 110 of the Clean Air Act, 

42 U.S.C., Section 7410. Prior to submitting an exemption granted under Section 

94511 as a revision to the applicable implementation plan, the Executive Officer 

shall hold a public hearing on the proposed exemption. Notice of the time and place 

of the hearing shall be sent to the applicant by certified mail not less than 30 days 

prior to the hearing. Notice of the hearing shall also be submitted for publication in 

the California Regulatory Notice Register and sent to the Environmental Protection 

Agency, every person who requests such notice, and to any person or group of 

persons whom the Executive Officer believes may be interested in the application. 

Within 30 days of the hearing the Executive Officer shall notify the applicant of the 

decision in writing as provided in Section 94511(f). The decision may approve, 

disapprove, or modify an exemption previously granted pursuant to Section 94511. 

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

Code. 

Reference: Sections 39002, 39600, 39602, 40000, and 41712, Health and Safety 

Code.