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Title 17 Air Resources Board § 94508 

§ 94506.5. 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 Section 94503.5, 94505, or 94506. Within 

180 days of a request from a person who has been granted an exemption 

or variance under Section 94503.5 or 94505, an exemption or variance 

meeting the requirements of the Clean Air Act shall be submitted by the 

Executive Officer to the Environmental Protection Agency for inclusion 

in the applicable implementation plan approved or promulgated by the 

Environmental Protection Agency pursuant to Section 110 of the Clean 

Air Act, 42 U.S.C., Section 7410. Prior to submitting an exemption 

granted under Section 94503.5 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 94503.5(f). The decision may approve, disapprove, or modify an 

exemption previously granted pursuant to Section 94503.5. 

NOTE: Authority cited: Sections 39600, 39601, 39602 and 41712, Health and 

Safety Code. Reference: Sections 39002, 39600, 39602, 40000 and 41712, Health 

and Safety Code. 

HISTORY 

1. New section filed 9-19-91; operative 10-21-91 (Register92, No. 12). 

2. Amendment filed 11-16-99; operative 12-16-99 (Register 99, No. 47). 

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. 

HISTORY 

1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12). 

2. Amendment filed 12-7-92; operative 1-6-93 (Register 92, No. 50). 

3. Editorial correction deleting duplicate article heading (Register 92, No. 50). 

4. Amendment filed 10-20-2000; operative 11-19-2000 (Register 2000, No. 42). 

§ 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 offorming 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. 

(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. 

"Structural pest control" means a use requiring a license under Chapter 

14 (commencing with Section8500), 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" 

ora "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. 

Page373 Register 2010, No. 52; 12-24-2010 
§ 94508 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 17 

(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 Dishwasbing 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 electdcity. "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." 

(12) "Architectural Coating" means a coating applied to stationary 

structures and their appurtenances, to mobile homes, to pavements, or to 

curbs. 

(13) "Aromatic Compound" means a carbon containing compound 

that contains one or more benzene or equivalent heterocyclic rings and 

has an initial boiling point less than or equal to 280°C. "Aromatic Compound" does not include compounds excluded from the definition ofVolatile Organic Compound (VOC) in this Section 94508(a). 

(14) "Artist's Solvent/Thinner" means any liquid product, labeled to 

meet ASTM D4236- 95 (March 1, 2005) Standard Practice for Labeling Art Materials for Chronic Health Hazards, which is incorporated by 

reference herein, and packaged in a container equal to or less than 32 fluid 

ounces, labeled to reduce the viscosity of, and or remove, art coating 

compositions or components. 

(15) "ASTM" means ASTM International. 

(16) "Astringent/Toner" means any product 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 Astdngent/Medicated Toner," cold cream, lotion, 

antiperspirant, or any Astdgent/Toner product regulated as a drug by the 

United States Food and Drug Administration (FDA). 

(17) "Automotive Hard Paste Wax" means an automotive wax or polish which is: (A) designed to protect and improve the appearance ofautomotive paint surfaces; and (B) a solid at room temperature; and (C) contains 0% water by formulation. 

(18) "Automotive Instant Detailer" means a product designed for use 

in a pump spray that is applied to the painted surface of automobiles and 

wiped off prior to the product being allowed to dry. 

(19) "Automotive Rubbing or Polishing Compound" means a product 

designed pdmadly to remove oxidation, old paint, scratches or "swirl 

marks," and other defects from the painted surfaces of motor vehicles 

without leaving a protective barrier. 

(20) "Automotive Wax, Polish, Sealant or Glaze" means a product designed to seal out moisture, increase gloss, or otherwise enhance a motor 

vehicle's painted surfaces. "Automotive Wax, Polish, Sealant or Glaze" 

includes, but is not limited to, products designed for use in autobody repair shops and "drive-through" car washes, as well as products designed 

for the general public. "Automotive Wax, Polish, Sealant or Glaze" does 

not include "Automotive Rubbing or Polishing Compound," automotive 

wash and wax products, surfactant-containing car wash products, and 

products designed for use on unpainted smfaces such as bare metal, 

chrome, glass, or plastic. 

(21) "Automotive Windshield Washer Fluid (Dilutable)" means any 

liquid which meets the following criteria: 

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

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

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

"Automotive Windshield Washer Fluid (Dilutable)" does not include 

any fluid which is placed in a new motor vehicle at the time the vehicle 

is manufactured. 

(22) "Automotive Windshield Washer Fluid (Pre-Mixed)" means any 

liquid which meets the following criteria: 

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

one quart, but less than 10 gallons; and 

(B) the product is designea or labeled for use in a motor vehicle wind~ 

shield 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. 

(23) "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/Udnal Care Product." 

(24) "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. 

(25) "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. 

(26) "California Sales" means the sales (net pounds_pf 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. 

(27) "Carburetor or Fuel-Injection Air Intake Cleaners" 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 fue1 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. 

(28) "Carpet/Upholstery Cleaner" means a cleaning product designed 

or labeled for the purpose of eliminating dirt or stains in 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 "Fabdc Protectant" claims. "Carpet/ 

Upholstery Cleaner" does not include "Spot Remover," vinyl or leather 

cleaners, "Dry Cleaning Fluid," or products designed exclusively for use 

at industrial facilities engaged in furniture or carpet manufacturing. 

(29) "Charcoal Lighter Material" means any combustible material designed to be applied on, incorporated in, added to, or used with charcoal 

to enhance ignition. "Charcoal Lighter Material" does not include any of 

the following: (A) electrical starters and probes, (B) metallic cylinders 

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

(30) "Colorant" means any pigment or coloring material used in a consumer product for an aesthetic effect, or to dramatize an ingredient. 

(31) "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 plasPage374 Register 2010, No. 52; 12-24-2010 

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Title 17 Air Resources Board § 94508 

tic (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." 

(32) "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. 

(33) "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. 

(34) "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 adhesive-coated surfaces are placed in contact with 

each other, and (D) does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been 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. 

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

(3 6) "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 1116 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. 

(37) "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. 

(38) "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 subphylum Chelicerata, the class Arachnida, the subclass Acari, the order Astigmata, and the family Pyroglyphidae. 

(39) "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). 

( 40) "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. 

( 41) "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 orinanimate 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 humans 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 

pre-moistened 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 Cleaner," "Glass Cleaner," "General Purpose Cleaner," "Toilet/Urinal Care Product," "Metal Polish," "Carpet Cleaner," or "Fabric Refresher" that may also make disinfecting or anti-microbial claims on the label. 

(42) "Distributor" means any person to whom a consumer product is 

sold or supplied for the purposes of resale or distribution in commerce, 

except that manufacturers, retailers, and consumers are not distributors. 

( 43) "Double Phase Aerosol Air Freshener" means an aerosol air freshener with the liquid contents in two or more distinct phases that requires the product container be shaken before use to mix the phases, producing an emulsion. 

( 44) "Dry Cleaning Fluid" means any non-aqueous liquid product designed and labeled exclusively for use on: (1) fabrics which are 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." 

( 45) "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. 

( 46) "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." 

(47) "Electrical Cleaner" means a product labeled to remove heavy 

soils such as grease, grime, or oil from electrical equipment, including, 

but not limited to, electric motors, 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 DePage375 Register 2010, No. 52; 12-24-2010 
§ 94508 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 17 

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

( 48) "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 degt·easing is accomplished when electrical 

current exists, or when there is a residual electrical potential from a component; 

(2) the product label clearly displays the statements: "Energized Electronic Equipment use only." 

( 49) "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." 

(50) "Engine Degreaser" means a cleaning product designed or labeled to remove grease, grime, oil and other contaminants from the external smfaces of engines and other mechanical parts. 

(51) "Executive Officer" means the Executive Officer of the Air Resources Board, or his or her delegate. 

(52) "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 

(F) December 8, 2007, 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 Flaming 

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. 

(53) "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 ofliquid 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 "Wa-

. terproofers," 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 9452l(a). 

(54) "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 "Antistatic Product," "Carpet/Upholstery Cleaner," "Footwear or Leather 

Care Product," "Spot Remover," or "Disinfectant," or products labeled 

for application to both fabric and human skin. 

(55) "Fabric Softener-Single Use Dryer Product" means a laundry 

care product designed or labeled for single use in the clothes dryer to 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 ti.!lle use during a 

single drying cycle and is removed after completion of the drying cycle. 

A "load" is the amount of washable fabrics in a single drying cycle. "Fabric Softener-Single Use Dryer Product" includes treated nonwoven 

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

sheets. "Fabric Softener-Single Use Dryer Product" does not include 

products applied to washable fabrics prior to placing the washable fabrics 

in the clothes dryer. 

(56) "Facial Cleaner or Soap" means a cleaner or soap designed primatily 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." 

(57) "Fat Wood" means pieces of wood kindling with high naturallyoccurring 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 woodbased products. 

(58) "Flea and Tick Insecticide" means any insecticide product that is 

designed for use against fleas, ticks, their larvae, or their eggs. "Flea and 

Tick Insecticide" does not include products that are designed to be used 

exclusively on humans or animals and their bedding. 

(59) "Floor Coating" means an opaque 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. 

(60) "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. 

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( 61) "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: 

(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 product 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." 

(62) "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. 

(63) "Floor Wax Stripper" means a product designed to remove natural or synthetic floor polishes or waxes through breakdown of the polish 

or wax polymers, or by dissolving or emulsifying the polish or wax. 

"Floor Wax Stripper" does not include aerosol floor wax strippers or 

products designed to remove floor wax solely through abrasion. 

(64) "Flying Bug Insecticide" means any 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 hot include "wasp and hornet insecticide," products that are 

designed to be used exclusively on humans or animals, or any mothproofing 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. 

(65) "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. 

(66) "Fragrance" means a substance or complex mixture of aroma 

chemicals, natural essential oils, and other functional components with 

a combined vapor pressure not in excess or 2 mm of Hg at 20°C, the sole 

purpose of which is to impart an odor or scent, or to counteract a malodor. 

(67) "Furniture Maintenance Product" means a wax, polish, conditioner, or any other product labeled for the purpose of 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 Aid," "Wood Cleaner," and products 

designed solely for the purpose of cleaning, or products designed to leave 

a permanent finish such as stains, sanding sealers and lacquers. 

(68) "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. 

(69) "Gel" means a colloid in which the disperse phase has combined 

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

(70) "General Purpose Adhesive" means any non-aerosol adhesive 

designed for use on a variety of substrates. "General Purpose Adhesive" 

does not include (A) contact adhesives, (B) 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). 

(71) "General Purpose Cleaner" means a general purpose cleaning 

product labeled for use on a variety of hard surfaces, including small appliances. "General Purpose Cleaner" includes, but is not 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. 

(72) "General Purpose Degreaser" means any product labeled to remove or dissolve grease, grime, oil and other oil-based contaminants 

from a variety of substrates, including automotive or miscellaneous metallic parts. "General Purpose Deg~·easer" does not include "Engine Degreaser," "General Purpose Cleaner," "Adhesiver 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 degreasers, film cleaning machines, or products designed to clean miscellaneous metallic parts by immersion in a container. 

(73) "General-use Hand or Body Cleaner or Soap" means a cleaner or 

soap designed to be used routinely on the skin to clean or remove typical 

or common dirt and soils. "General-use Hand or Body Cleaner or Soap" 

includes, but is not limited to, hand or body washes, dual-purpose 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." 

(74) "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. 

(75) "Global Warming Potential (GWP)" means the radiative forcing 

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

equivalent unit of carbon dioxide over a given period of time. 

(76) "Global Warming Potential Value" or "GWP Value" means the 

global warming potential value of a chemical or 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 1 00-year GWP Value in Table 2.14 

for that chemical or compound shall be used. If there is no 1 00-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. 

(77) "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 

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§ 94508 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 17 

Remover." Products labeled for dual use as both a paint stripper and graffiti remover are considered "Graffiti Removers." 

(78) "Hair Mousse" means a hairstyling foam designed to facilitate 

styling of a coiffure and provide limited holding power. 

(79) "Hair Shine" means any product 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. 

- (80) "Hair Styling Gel" means a consumer product manufactured before December 31, 2006, that is 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. 

(81) "Hair Spray" means: 

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

product designed primarily for the purpose of dispensing droplets of a 

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

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

(B) for products manufactured on or after December 31, 2006: a consumer product that is applied to styled hair, and is designed or labeled to 

provide sufficient rigidity, to hold, retain and/or (finish) the style of the 

hair for a period oftime. "Hair Spray" includes aerosol hair sprays, pump 

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

finishing claims; and products that are both a styling and finishing product. "Hair Spray" does not include spray products that are intended to aid 

in styling but do not provide finishing of a hairstyle. 

For the purposes of this subchapter, "finish" or "finishing" means the 

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

For the purposes of this subchapter, "styling" means the forming, 

sculpting, or manipulating the hair to temporarily alter the hair's shape. 

(82) "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. 

For the purposes of this subchapter, "styling" means the forming, 

sculpting, or manipulating the hair to temporarily alter the hair's shape. 

(83) "Heavy-Duty Hand Cleaner or Soap" means a product designed 

to clean or remove difficult dirt and soils such as oil, grease, grime, tar, 

shellac, 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," "Astringentffoner," "Facial 

Cleaner or Soap," "General-use Hand or Body Cleaner or Soap," "Medicated Astringent/Medicated Toner" or "Rubbing Alcohol." 

(84) "Herbicide" means a pesticide product designed to kill or retard 

a plant's growth, but excludes products that are: (A) for agricultural use, 

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

(85) "High-Temperature Coating" means a high performance coating 

labeled and formulated for application to substrates exposed continuously or intermittently to temperatures above 204°C (400°F). 

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

(87) "Industrial Maintenance Coating" means a high performance architectural coating, including primers, sealers, undercoaters, intermediate coats, and topcoats formulated for application to substrates, including 

floors, exposed to one or more of the following extreme environmental 

conditions listed below and labeled "For industrial use only;" "For professional use only;" "Not for residential use;" or "Not intended for residential use." 

(A) Immersion in water, wastewater, or chemical solutions (aqueous 

and non-aqueous solutions), or chronic exposure of interior surfaces to 

moisture condensation; or 

(B) Acute or chronic exposure to corrosive, caustic or acidic agents, 

or to chemicals, chemical fumes, or chemical mixtures or solutions; or 

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

(D) Frequent heavy abrasion, including mechanical wear and frequent 

scrubbing with industrial solvents, cleansers, or scouring agents; or 

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

(88) "Insect Repellent" means a pesticide product that is designed to 

be applied on human skin, hair or attire worn on humans in order to prevent contact with or repel biting insects or arthropods. 

(89) "Insecticide" means a pesticide product that is designed for use 

against insects or other arthropods, but excluding products that are: (A) 

for agricultural use, or (B) for a use which requires a structural pest controllicense under Chapter 14 (commencing with Section 8500) of the 

Business and Professions Code, or (C) restricted materials that require a 

permit for use and possession. 

(90) "Insecticide Fogger" means any insecticide product designed to 

release all or most of its content, as a fog or mist, into indoor areas during 

a single application. 

(91) "Institutional Product" or "Industrial and Institutional (1&1) 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, theatres, 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. 

(92) "Label" means any written, printed, or graphic matter affixed to, 

applied to, attached to, blown into, formed, molded into, embossed on, 

or appearing upon any consumer product or consumer product package, 

for purposes of branding; identifying, or giving information with respect 

to the product or to the contents of the package. 

(93) "Laundry Prewash" means a product that is designed for application to a fabric prior to laundering and that supplements and contributes 

to the effectiveness of laundry detergents and/or provides specialized 

performance. 

(94) "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. 

(95) "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. 

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

D-4359-90 (May 25, 1990) Standard Test Method for Determining 

Whether a Material Is a Liquid or a Solid, which is incorporated by reference herein. "Liquid" does not include powders or other materials that 

are composed entirely of solid particles. 

(97) "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 

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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." 

(98) "LVP-VOC" means a chemical "compound" or "mixture" that 

contains at least one carbon atom and meets one of the following: 

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

by ARB Method 31 0; or 

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

chemical "mixture" comprised solely of"compounds" with more than 12 

carbon atoms, as verified by formulation data, and the vapor pressure and 

boiling point are unknown; or 

(C) is a chemical "compound" with a boiling point greater than 216° 

C, as determined by ARB Method 310; or 

(D) is the weight percent of a chemical "mixture" that boils above 216° 

C, as determined by ARB Method 310. 

For the purposes of the definition of LVP-VOC, chemical "compound" means a molecule of definite chemical formula and isomeric 

structure, and chemical "mixture" means a substance comprised of two 

or more chemical "compounds." 

(99) "Manufacturer" means any person who imports, manufactures, 

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

(100) "Medicated Astringent/Medicated Toner" means any product 

regulated as a drug by the Food and Drug Administration (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 Products," "Astringent/Toner," cold 

cream, lotion, antiperspirants, or products that must be purchased with 

a doctor's prescription. 

(101) "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. 

(1 02) "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. 

(103) "Motor Vehicle Wash" means a product designed or labeled to 

wash, wash and wax, wash and shine, or wash and/or clean the exterior 

surface of motor vehicles. "Motor Vehicle Wash" includes, but is not 

limited to, products for use in commercial, fleet, hand, and "dtive 

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. 

(1 04) "Multi-purpose Dry Lubricant" means any lubricant which is: 

(A) designed or labeled to provide lubricity solely by depositing a thin 

film of graphite, molybdenum disulfide ("moly"), or 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. 

• (1 05) "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." 

(106) "Multi-putpose 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 de greasing 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. "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. 

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

product designed or labeled to be used for dispersing, dissolving, or removing contaminants or other organic materials. "Multi-purpose Solvent" also includes: 1. products that do not display specific use instructions on the product container or packaging, 2. products that do not 

specify an end-use function or application on the product container or 

packaging, 3. solvents used in institutional facilities, except for laboratory reagents used in analytical, educational, research, scientific or other 

laboratories, 4. "Paint clean-up" products, and 5. products labeled to prepare surfaces for painting. For the purposes of this definition only, "Paint 

clean-up" means any liquid product labeled for cleaning oil-based or 

water -based paint, lacquer, varnish, or related coatings from, but riot limited to, painting equipment or tools, plastics, or metals. "Multi-purpose 

Solvent" does not include solvents used in cold cleaners, vapor degreasers, conveyorized degreasers or film cleaning machines, solvents labeled 

exclusively for the clean-up of application equipment used for polyaspartic and polyurea coatings, or solvents that are incorporated into, or 

used exclusively in the manufacture or construction of, the goods or commodities at the site of the establishment. "Multi-purpose Solvent'; also 

does not include any product making any representation that the product 

may be 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. 

(107) "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. 

(1 08) "Nail Polish Remover" means a product designed to remove nail 

polish and coatings from fingernails or toenails. 

(109) "Non-Carbon Containing Compound" means any compound 

which does not contain any carbon atoms. 

(11 0) "Non-Selective Terrestrial Herbicide" means a terrestrial herbicide product that is toxic to plants without regard to species. 

(111) "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 smfaces, laundeting, 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." 

( 112) "Oven Cleaner" means any cleaning product designed or labeled 

to clean and to remove dried or baked on food deposits from oven walls. 

(113) "Paint" means any pigmented liquid, liquefiable, or mastic composition designed for application to a substrate in a thin layer which is 

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§ 94508 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 17 

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. 

(114) "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.-

(115) "Paint Thinner" means any liquid product used for reducing the 

viscosity of coating compositions or components, that prominently displays the term "Paint Thinner," "Lacquer Thinner," "Thinner," or "Reducer" on the front panel of its packaging. "Paint Thinner" does not include any of the following products: 

(A) "Artist's Solventffhinner;" 

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

more and labeled exclusively for the thinning oflndustrial Maintenance 

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

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

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

or useable without the specific ingredient; 

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

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

large as, or larger than, the font size of all other words on the panel, language that the product is used exclusively for the thinning of Industrial 

Maintenance Coatings, Zinc-Rich Primers, or High Temperature Coatings, and 

2. no representation is made anywhere on the product container or 

packaging, or any label or sticker attached thereto, that the product is suitable for use or may be used for any other purpose except the thinning of 

Industrial Maintenance Coatings, Zinc-Rich Primers, or High Temperature Coatings. 

(116) "Penetrant" means a lubricant designed or labeled primarily to 

loosen metal parts that have bonded together due to rusting, oxidation, 

or other causes. "Penetrant" does not include "Multi-purpose Lubricant" 

that claim to have penetrating qualities, but are not labeled primarily to 

loosen bonded parts. 

(117) "Person" shall have the same meaning as defined in Health and 

Safety Code Section 39047. 

(118) "Personal Fragrance Product" means any product which is 

applied to the human body or clothing for the primary purpose of adding 

a scent or masking a malodor, including, but not limited to, cologne, 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. 

(119) "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. 

(120) "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 swfaces 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." 

(121) "Principal Display Panel or Panels" means that part, or those 

parts of a labeltba:t a:te 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." 

(122) "Product Brand Name" means the name of the product exactly 

as it appears on the principal display panel of the product. 

(123) "Product Category" means the applicable category which best 

describes the product as listed in this Section 94508. 

(124) "Product Form," for the purpose of complying with Section 

94513 only, means the applicable forrri which most accurately describes 

the product's dispensing form as follows: 

A = Aerosol Product 

S Solid 

P Pump Spray 

L Liquid 

SS Semisolid 

0 Other 

(125) "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. 

(126) "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. 

(127) "Responsible Party" means the company, firm or establishment 

which is listed on the product's label. If the label lists two companies, 

firms or establishments, the responsible party is the party which the product was "manufactured for" or "distributed by," as noted on the label. 

(128) "Restricted Materials" means pesticides established as restricted 

materials under Title 3, California Code of Regulations, section 6400. 

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

(130) "Retail Outlet" means any establishment at which consumer 

products are sold, supplied, or offered for sale directly to consumers. 

(131) "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. 

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

product labeled to protect, preserve or renew viny 1, 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 oh 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 vePage380 Register 2010, No. 52; 12-24-2010 

() 

··--~-·· 

(J 
Title 17 Air Resources Board § 94508 

hicle tires, qualifying as either "Clear Coating" or "Vinyl/Fabric!Leather/Polycarbonate Coating" under section 94521(a). 

(132) "Rubbing Alcohol" means any product containing isopropyl alcohol (also called isopropanol) or denatured ethanol and labeled for topical use, usually to decrease germs in minor cuts and scrapes, to relieve 

minor muscle aches, as a rubefacient, and for massage. 

(133) "Sanitizer" means a product that is 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. 

(134) "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 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 of 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." 

(135) "Semisolid" means a product that, at room temperature, will not 

pour, but will spread or deform easily, including but not limited to gels, 

pastes, and greases. 

(136) "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." 

(137) "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." 

(13 8) "Silicone-based Multi-purpose Lubricant" means anjjlUbricant 

which is: (A) designed and labeled to provide lubricity primarily through 

the use of silicone compounds including, but not limited to, polydimethylsiloxane, and (B) designed and labeled for general purpose lubrication, or for use in a wide variety of applications. "Silicone-based Multipurpose Lubricant" does not include products designed and labeled 

exclusively to release manufactured products from molds. 

(139) "Single Phase Aerosol Air Freshener" means an aerosol air freshener with the liquid contents in a single homogeneous phase and which 

does not require that the product container be shaken before use. 

(140) "Solid" means a substance or mixture of substances which, either whole or subdivided (such as the particles comprising a powder), is 

not capable of visually detectable flow as determined under ASTM 

D-4359-90 (May 25, 1990) Standard Test Method for Determining 

Whether a Material Is a Liquid or a Solid, which is incorporated by reference herein. 

(141) "Special Purpose Spray Adhesive" means an aerosol adhesive 

that meets any of the following definitions: 

(A) "Mounting Adhesive" means an 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 (Jan. 25, 1991) Standard Practice for Packed Column Gas 

Chromatography, which is incorporated by reference herein, or from 

product formulation data. 

(C) "Polystyrene Foam Adhesive" means an aerosol adhesive designed to bond polystyrene foam (e.g. Styrofoam®, expanded 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 

2. the touch-up, repair, or attachment of edgebanding materials, including, but not limited to, other laminates, synthetic marble, veneers, 

wood moulding, and decorative metals. 

For the purposes of this definition "high pressure laminate" means 

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

have been laminated at temperatures exceeding 265 degrees F, and at 

pressures between 1,000 and 1,400 psi: 

(G) "Automotive Engine Compartment Adhesive" means an aerosol 

adhesive designed for use in motor vehicle under-the-hood applications 

which require oil and plasticizer resistance, as well as high shear strength, 

at temperatures of 200-275° F. 

(142) "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. 

(143) "Spray Buff Product" means a product designed to restore a 

worn floor finish in conjunction with a floor buffing machine and special 

pad. 

Page381 Register 2010, No. 52; 12-24-2010 
§ 94508 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 17 

(144) "Table B Compound" means any carbon-containing compound 

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

(145) "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." 

(146) "Ten·estrial" means to live on or grow from land. 

(147) "Tire or Wheel Cleaner" means a produCt designed or labeled 

exclu-sively 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 "drive-through" car washes; commercial truck washing or large vehicle washing stations; vehicle dealers and repair shops, as well as household consumer products. "Tire or Wheel Cleaner" does not include products labeled for use exclusively on locomotives or aircraft. 

(148) "Tire Sealant and Inflator" means any pressurized product that 

is designed to temporarily inflate and seal a leaking tire. 

(149) "Toilet/Urinal Care Product" means any product designed or labeled to clean and/or to deodorize toilet bowls, toilet tanks, or urinals. 

Toilet bowls, toilet tanks, or urinals includes, but is not limited to, toilets 

or urinals connected to permanent plumbing in buildings and other structures, portable toilets or minals 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." 

(150) "Type A Propellent" means a compressed gas such as COz, Nz, 

N20, 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. 

(151) 'Type B Propellent" means any halocarbon which is used as a 

propellent including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs). 

(152) "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). 

(153) "Undercoating" means any aerosol product designed to impart 

a protective, non-paint layer to the undercarriage, trunk intetior, and/or 

firewall of motor vehicles to prevent the formation of rust or to deaden 

sound. "Undercoating" includes, but is not limited to, rubbetized, mastic, 

or asphaltic products. 

(154) "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. 

(155) "Volatile Organic Compound (VOC)" means arty 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, !-trichloroethane (methyl chloroform), 

trichlorofluoromethane (CFC-11 ), 

dichlorodifluoromethane (CFC-12), 

1,1 ,2-trichloro-1 ,2,2-trifluoroethane (CFC-113), 

1 ,2-dichloro-1, 1 ,2,2-tetrafluoroethane (CFC-114), 

chloropentafluoroethane (CFC-115), 

chlorodifluoromethane (HCFC-22), 

1,1, 1-trifluoro-2,2-dichloroethane (HCFC-123), 

1 ,1-dichloro-1-fluoroethane (HCFC-141b), 

1-chloro-1,1-difluoroethane (HCFC-142b), 

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

trifluoromethane (HFC-23), 

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

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

pentafluoroethane (HFC-125), 

1,1 ,1-tdfluoroethane (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...:containirig perflliorocatbons with no unsatura:tions 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-tdfluoromethyl benzene), 

perchlorethy lene (tetrachlorethylene ). 

(156) "VOC Content" means the total weight ofVOC 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). 

(157) "Wasp and Hornet Insecticide" means any insecticide product 

that is designed for use against wasps, hornets, yellow jackets or bees by 

allowing the user to spray from a di.stance a directed stream or burst at the 

intended insects, or their hiding place. 

(158) "Waterproofer" means a product designed and labeled exclusively to repel water from fabric or leather substrates. "Waterproofer" 

does not include "Fabric Protectant." 

(159) "Wax" means a matedal 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 bees~ 

wax, substances of a mineral origin such as ozocerite and paraffin, and 

synthetic polymers such as polyethylene. 

(160) "Web Spray Adhesive" means any aerosol adhesive which is not 

a "Mist Spray Adhesive" or "Special Purpose Spray Adhesive." 

(161) "Windshield Water Repellent" means a product designed or labeled exclusively to repel water from motor vehicle exterior automotive 

glass surfaces; "Windshield Water Repellent" does not include "Automotive Windshield Washer Fluid." 

(162) "Wood Cleaner" means a product labeled to clean wooden materials including but not limited to decking, fences, flooring, logs, cabinetry, and furniture. "Wood Cleaner" does not include "Dusting Aid," General Purpose <;:leaner," "Furniture Maintenance Product," "Floor Wax 

Stripper," "Floor Polish or Wax," or products designed and labeled exclusively to preserve or color wood. 

(163) "Zinc-Rich Primer" means a coating that meets all the following 

specifications: (A) coating contains at least 65 percent metallic zinc powder or zinc dust by weight of total solids; and (B) coating is formulated 

for application to metal substrates to provide a firm bond between the 

substrate and subsequent applications of coatings; and (C) coating is intended for professional use only and labeled "For Professional Use 

Only;" "For Industdal Use Only;" "Not for residential use;" or "Not intended for residential use." 

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

39600, 39601 and 41712, Health and Safety Code; Reference: Sections 38501, 

38510, 38560, 38560.5, 38562, 38580, 39002, 39600,40000 and 41712, Health 

and Safety Code. 

HISTORY 

1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12). 

2. Amendment of subsection (a)(2), repealer and new subsections (a)(1)-(71), and 

new subsections (a)(72)-(93) filed 12-7-92; operative 1-6-93 (Register 92, 

No. so). 

Page382 Register 2010, No. 52; 12-24-2010 
Title 17 Air Resources Board § 94509 

3. Repealer of subsection (a)(90) and new subsections (a)(90)-(a)(90)(B) filed 

2-29-96; operative 3-30-96 (Register 96, No. 9). 

4. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government 

Code section 11343.4(d) (Register 97, No. 47). 

5. New subsections (a)(2), (a)(9), (a)(12), (a)(14)-(17), (a)(20), (a)(23), (a)(36), 

(a)(39), (a)(42)(A)-(C), (a)(44), (a)(49), (a)(57), (a)(58), (a)(62), (a)(64), 

(a)(65), (a)(77), (a)(80)-(85), (a)(90), (a)(93), (a)(94), (a)(l 08)-(110), (a)(112), 

(a)(115), (a)(118), (a)(122), repealer of former subsection (a)(67), subsection 

renumbering, and amendment of newly designated subsections (a)(26), (a)(42) 

and (a)(126) filed 7-17-98; operative 8-16-98 (Register 98, No. 29). 

6. Amendment of subsection (a)(124)(B) filed 5-25-99; operative 6-24--99 (Register 99, No. 22). 

7. Amendment of subsections (a)(78)-(a)(78)(B) and new subsections 

(a)(78)(C)-(D) filed 11-16-99; operative 12-16-99 (Register 99, No. 47). 

8. Amendment implementing Mid-Term Measures II filed 10-20-2000; operative 11-19-2000 (Register 2000, No. 42). 

9. Amendment of subsection (a)(l), new subsection (a)(3), subsection relettering, 

amendment of newly designated subsections (a)(30) and (a)( 53), new subsections (a)(84), (a)(118)-(a)(l18)(G) and (a)(134) and further subsection relettering filed 4--18-2001; operative 5-18-2001 (Register 2001, No. 16). 

10. Amendment filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25). 

11. Amendment filed 11-8-2007; operative 12-8-2007 (Register 2007, No. 45). 

12. Amendment of section and NOTE filed 6-18-2009; operative 7-18-2009 

(Register 2009, No. 25). 

13. Amendment of subsections (a)(2)(A), new subsections (a)(13)-(14), (a)(85), 

(a)(87)-(a)(87)(E) and (a)(163), subsection renumbering, amendment of newly 

designated subsections ((a)(15), (a)(21)(A), (a)(22)(A), (a)(28), (a)(41), 

(a)(61)(C), (a)(67), (a)(81)(B), (a)(96), (a)(106)(B) and (a)(115), new subsections (a)(115)(A)-(a)(115)(D)(2.) and amendment of newly designated subsections (a)(127), (a)(140) and (a)(141)(B) filed 9-20-2010; operative 

10-20-2010 (Register 2010, No. 39). 

14. Editorial correction of subsection (a)(41) (Register 2010, No. 42). 

15. Change without regulatory effect amending subsection (a)(106)(B) and redesignating former subsections (a)(115)(D)(l.)-(2.) and (a)(141)(F)(l.)-(2.) as 

subsections (a)(l15)(D)l.-2. and (a)(141)(F)l.-2. filed 12-23-2010 pursuant 

to section 100, title 1, California Code of Regulations (Register 2010, No. 52). 

§ 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)(l) (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. 

Page383 Register 2010, No. 52; 12-24-2010 
§ 94509 BAR CLAYS CALIFORNIA CODE OF REGULATIONS 

Table of Standards 

Percent Volatile Organic Compounds by Weight 

Product Category 

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.] 

Effective Datel 

111195 

11112002 

1/112002 

1/112002 

1/112002 

11112002 

voc 

Standard2 

75 

65 

55 

70 

65 

60 

c~~st~~ci:i~~, ·P~ei,' ~~ci i=<i~~~ c·o·v·e~i~i# ............................. iili95 ....................................... '4ci ..... . 

[#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.] 

12/31/2002 15 

12/31/2008 7 

••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 00 •••••••••••••••••••••••••••••••••••••••••••••••• 0 

Contact## 1/1195 80 

Contact Adhesive- General Purpose 12/31/2006 55 

Contact Adhesive- Special Purpose 12/3112006 80 

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

that apply to Contact Adhesive.] 

General Purpose 

*See sections 94510(i) for an exemption that applies to adhesives sold 

in containers of one fluid ounce or less. 

Adhesive Remover*: 

Floor or Wall Covering Adhesive Remover 

111195 10 

12/31/2006 5 

· · a~sic~t ~~ Thr~~ct ·i~~ki~g . .A.cti-t~~i~~·R.~~~v'e~ · · · · · · · · · · · · · · · · · · · · · · · · i2t3'1i2666 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·so · · · · · · · · a~~;r;u- :P~;.p~;; A.cth~~i;; R.~~~v'~r· · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · i2t3.1i2666 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 'ici · · · · · · 

· · sp~~i~lty Actl;;siv'~ Re~~~~; · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · i2i3.1i2666 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · '?ci · · · · · · 

i*s~~ ~~~ti~~~ 945o9(~) ~~ci 945.12(ct) r~; ~cicii'ti~~;l·r~q~ir~~~~t~ · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 

that apply to Adhesive Remover.] 

Aerosol Cooking Spray 

Air Freshener*: 

Double Phase Aerosol 

[*See section 94509(t) for additional requirements 

that apply to Double Phase Aerosol Air Freshener.] 

111195 

111193 

12/3112004 

12/3112012 

18 

30 

25 

20 

.. si~gie. r1;~;e· A.~~~~~~· ........................................... iiii93 ....................................... '?ci ..... . -- - - - - - - -- - - 1/1196 - -30 

· · D~ai ·P~rP~~~ ·A~:F;e~h~~~;/Di~i~f~~t~t ~~;~s.oi ........... · · · · .. · .... iiii94 · · ............. · · · · · · · · ........ · · · · · · · · '6ci ..... . ••••• •••• ••••••••••• ••••• 00 ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 

liquid/pump spray 1/1193 18 

· · ~;iictis~~~~iid · · · · .... · · · · · · ..... · · · · · · · · · · ....... · · · · · · · · · .... iiii93 · · · · · ......... · · · · · · · · · · · · · .... · · · · · · · · '3 · · · · · · · 

[*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.] 

Anti-static Product: 

aerosol 12/31/2008 80 

....... ············· ............................................................................................... . non-aerosol 12/31/2006 11 

Astringent/Toner (Non-FDA regulated) 

Automotive Rubbing or Polishing Compound 

Automotive Wax/Polish/Sealant/Glaze: 

all other forms 

12/31/2010 35 

11112005 17 

1/1/2005 15 

................................................................ ······· .................. ······ .................... . hard paste wax 111/2005 45 

· · i~;t;~i ct~iail~~ · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · iiii2ooi · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·3 · · · · · · · 

Title 17 

Page384 Register 2010, No. 52; 12-24-2010 

() 
Title 17 Air Resources Board 

Product Category 

Automotive Windshield Washer Fluid: 

Type "A" areas* 

Effective Date1 

111193 

12/3112008 

voc 

Standard2 

35 

25 .................................................................................................................... 

All other areas** 111193 10 

**See section 94508(a)(19), section 94508(a)(20), and 

section 94509(1) 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. 

Bathroom and Tile Cleaner*: 

aerosol 

all other forms 

non-aerosol 

12/3112002 1 

111194 7 

1/1/94 5 

12/3112008 

•••••••••••••••••••• 00 ••••••• 00 0 •• 0 •• 0 ••••••••• 0. 00 00 ••••••••••••••••• 0 ••••• 0 0 •••••••••••••• 0 00.0 00 •• 0 00 •••••••••••• 

[*See section 94509(p) for additional requirements that apply to 

Bathroom and Tile Cleaner.] 

Brake Cleaner 

Bug and Tar Remover 

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. 

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] 

Charcoal Lighter Material 

Disinfectant: 

aerosol 

non-aerosol 

Dusting Aid: 

aerosol 

non-aerosol 

Electrical Cleaner* 

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

that apply to Electrical Cleaner.] 

Electronic Cleaner* 

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

that apply to Electronic Cleaner.] 

111197 

12/3112002 

12/3112008 

12/3112010 

11112002 

111195 

12/31/2002 

12/31/2008 

12/3112010 

111/2001 

12/3112010 

11112001 

11112001 

12/3112010 

See Section 

94509(h) 

12/3112008 

12/3112008 

111195 

1/1/97 

12/3112010 

111/95 

12/3112010 

12/3112006 

12/31/2007 

50 

45 

20 

10 

40 

75 

45 

20 

10 

7 

5 

0.1 

3 

I 

70 

35 

25 

17 

7 

3 

45 

75 

< 

§ 94509 

Page385 Register 2010, No. 52; 12-24-2010 
§ 94509 BAR CLAYS CALIFORNIA CODE OF REGULATIONS 

Engine Degreaser: 

aerosol 

non-aerosol 

Fabric-Protectant* 

aerosol 

non-aerosol 

Product Categ01y Effective Date1 

I/I/93 

Il1/96 

12/3I/2004 

I2/3I/20IO 

I2/3I/2004 

I/1/95 

I/I/97 

Il1/95 

11I/97 

I2/3I/20IO 

voc 

Standard2 

75 

50 

35 

IO 

5 

75 

60 

75 

60 

I 

0 •••••••• 0 •••••• 00 00 0 •••••••••••••••••••••••••••••••• 0 •••••••••••••••• 0 ••••••••••••••••••••••••••••••••••••••••••••• 

[*See section 94509( q) for additional requirements 

that apply to Fabric Protectant] 

Fabric-Refresher: 

aerosol 

non-aerosol 

Fabric Softener- Single Use Dryer Product 

Floor Maintenance Product 

Floor Polish or Wax: 

Resilient Flooring Material 

Nonresilient Flooring Material 

Wood Floor Wax 

Floor Wax Stripper: 

non-aerosol 

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.] 

Furniture Maintenance Product: 

aerosol 

all other forms (except solid/paste forms) 

I2/3112006 

I2/3112006 

See Section 

94509(s) 

I2/31120IO 

I11/94 

I2/31120IO 

I/1194 

I2/31/20IO 

I/1194 

I2/3I/20IO 

See Section 

94509(j) 

I2/31/2006 

I2/31/2006 

I2/31/2006 

I/I/94 

I2/31/2004 

I/1/94 

15 

6 

7 

I 

IO 

I 

90 

70 

75 

55 

IS 

25 

17 

7 

0 •••••••••••••••••••••• 00 •••••• 0 •••••••••••••••••••••••••••• 00 00 ••• 00 0 ••••••• 0 00 •••••••••••••••••••••••••••••••• 0. 0 0 

non-aerosol (except solid/paste forms) I2/3I/2008 3 

General Purpose Cleaner*: 

aerosol and non-aerosol 

aerosol 

non-aerosol 

[*See section 94509(p) for additional requirements that apply to 

General Purpose Cleaner.] 

General Purpose Degreaser*: 

aerosol 

non-aerosol 

Il1/94 

I2/3I/2008 

I2/3I/2004 

I11/2002 

I2/3I/2008 

I2/3I/20IO 

I2/3I/2004 

IO 

8 

4 

50 

20 

IO 

4 

••••••••••••••••••••••••••••••••••••••••••••••••••••• 00 0 0 0 •••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 

[*See section 94509(m) for additional requirements 

that apply to General Purpose Degreaser.] 

Title 17 

Page386 Register 2010, No. 52; 12-24-2010 

0 

() 
Title 17 

Glass Cleaner: 

aerosol 

Product Category 

Air Resources Board 

Effective Date I 

1/1/93 

12/31/2012 

voc 

Standard2 

12 

10 

· . ~~~~~~~;s~i ........................................ · .... · . · .. · iiii93. · · · · .. · . · · · · · · . · · · · ..... · · .... · .... · · · '8 · · · · · · · 

Graffiti Remover*: 

aerosol 

111/96 6 

12/3112004 4 

12/3112006 50 

· · ~~~~~~~;s~i · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · i 2t3'1i2666 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · '3ci · · · · · · 

[*s~~ ~~~ti~~ ·945o9(~j [~~ ~ciciiti;~ai ·r~q~ir~~~~t~ · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 

that apply to Graffiti Remover.] 

Hair Mousse 111/94 16 

12/3112002 6 

Hair Shine 1/112005 55 

Hair Spray 111/93 80 

611199 55 

Hair Styling Gel 111194 6 

Hair Styling Product: 

aerosol and pump spray 12/3112006 6 

.. ~1· ;th~~ f~~~~ ................................................. i 2t3'1i2666 ................................... 'i ...... . 

Heavy-duty Hand Cleaner or Soap 11112005 8 

Insect Repellant: 

aerosol 111/94 65 

Insecticide*: 

Crawling Bug Insecticide (all forms): 1/1195 40 

111198 20 

· · ~~~;s~i · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · i2t3'1i2664 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · '1s · · · · · · 

· · Fi~~ ~d ·ii~k ·I~~~~ti~id~· · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · iiti95 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·is · · · · · · 

· · Hyi~·g· B~g·I~~~~ti~i·d~· (aii f;r~~)~ ................................. iiJi95 .................................... · · · '3s · . · · · · 

· · ~~~;s·oi · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · i2t3'1i2663 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 'is · · · · · · 

.. F~gg~~ ....................................................... iiii95 ....................................... '4s ..... . 

· · L·a~~ ~d ·a~ci~n· i~s~~~i~ici~ (~1i [~~:~~) · · · · · · · · · · · · · · · · · · · · · · · · · · · · iiii95 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 'ici · · · · · · 

· · ~~~~~~~;s~i · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · i2t3'1i2663 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·3· · · · · · · · 

.. w~p ~ct·H:~~~t·I~~~~ti~ict~· ..................................... iiii2665 ..................................... '4ci ..... . 

* s~~ ·s~~~i~~~ .945·I·ocg)(l.) ·a'n·d· 945 i o(k). i;r ·~;e~pti~~~ th~t· ~pply. t~· ...................................................... · · · · · · 

certain insecticides. 

Laundry Prewash: 

aerosol/solid 111/94 22 

.. ~l.~th~~ f~~~ ................................................. iiii94 ....................................... 's ...... . 

Laundry Starch/Sizing/Fabric Finish Product: 111195 5 

12/3112008 4.5 

Metal Polish/Cleanser 11112005 30 

Motor Vehicle Wash 

non-aerosol 12/31110 0.2 

Multi-purpose Lubricant*: 1/112003 50 

(excluding solid or semisolid products) 12/3112013 25 

12/3112015 10 

[·;.s~~ ~~~ti~~~ 945o9(ci). ~~ci 945.13(o· i;r·~ciciiii~~~i · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 

requirements that apply to Multi-purpose Lubricant] 

§ 94509 

Page387 Register 2010, No. 52; 12-24-2010 
§ 94509 BAR CLAYS CALIFORNIA CODE OF REGULATIONS 

Product Category 

Multi-purpose Solvent* 

Effective Datel 

12/31/2010 

12/31/2013 

voc 

Standard2 

30 

3 •• 000 •••••••••••••••••••••••••••••••• •••••• •••••••••••••••••••• 0 0 0 •••••••••••••••••••••••••••• 0 •••••• 0 • •••••••••••••• 

[*See sections 94509(u) and 94512(e), and 94513(g) 

for additional requirements that apply to Multi-purpose 

Solvent.] 

Nail Polish Remover 

Non-selective Terrestrial Herbicide: 

non-aerosol 

Odor Remover/Eliminator 

aerosol 

1/1/94 

111/96 

12/31/2004 

12/31/2007 

1/1/2002 

12/31/2010 

85 

75 

0 

I 

3 

25 

••••••••• 0 •••••••• 00 0 •• 00 00 •••••••••••••••• 0 0 •• ••••••••••••••••• 0 •• •••••••••• 0 00 ••••••••••••••••••••• 0 •••••••• 0 • •••• 

non-aerosol 12/31/2010 6 

Oven Cleaner*: 

aerosol/pump spray 111/93 8 ••••••••• 0 ••••••••••••• 00 •• 00 ••• 00 •••••••••• 0 ••••••••••• 0 0 00 ••••••••••••• 00 00 0 00 •••••••••••••••••••••••••••••••••••• 

liquid 111/93 5 

· · ~~~:..~~~~s~i ·ci~~l~cti~i P~~P ~P~~; ~~ci iiciu.ict) · · · · · · · · · · · · · · · · · · · · · · · i:it3.1i:ioo8 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 

[*s~~ ~~~ti~~ 945o9·cp) r~~ ~cicii.ti~~ai ·r~q~ir~~~~t~ th~t· ~pply. · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 

to Oven Cleaner.] 

Paint Remover or Stripper 

Paint Thinner* 

1/1/2005 

12/31/2010 

12/31/2013 

50 

30 

3 

i*s~~ ~~~ti~~~ 94509(~)·, ·94s·I·o'c~): 945i2(~), ·a~·d· · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 

945 13(g) for additional requirements that apply to 

Paint Thinner.] 

Penetrant* 1/1/2003 

12/31/2013 

50 

25 

i*s~~ ~~~ti~~~ 945o9(ci). ~~ci 945.I3(~· io~·~ciciiii~~~i · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 

requirements that apply to Penetrant] 

Personal Fragrance Product*: 

products with 20% or less fragrance 111195 

1/1/99 

80 

75 

.................................................................................................................... 

products with more than 20% fragrance 111/95 70 

II~ _,. ~ 

*s~~·s~~ti~~~ '94s'1o'ch),'945i6ci);·~ci 945io(z) [;; ~~~~pti~~s· ~ci · · · · · · · · · · · · · · · · · .. · · · · · .. · · · · · · · · · · · · · · · · · .. · · · · · · · · · · · · · · · · · 

requirements that apply to Personal Fragrance Product. 

Pressurized Gas Duster* 12/31/2010 

i*s~~ ~~~ti~~ 94so9(;)· ~~ci 945io(~)· i~r·~ciciiti~~~i · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · .. · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 

provisions that apply to Pressurized Gas Duster] 

Rubber/Vinyl Protectant: 

aerosol 1/1/2005 10 

.................................................................................................................... 

non-aerosol 1/1/2003 3 

Sanitizer: 

aerosol 12/31/2008 70 

· · ~~~:..~~~~s~i · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · i:it3.Ii2oo8 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 

Sealant or Caulking Compound* 

all forms 12/31/2002 4 

.................................................................................................................... 

Chemically Curing 

non-aerosol 12/31/2012 3 

.................................................................................................................... 

Non-chemically Curing 

non-aerosol 12/31/2010 1.5 

i*s~~ ~~~ti~~~ 94so9(ci). ~~ci 945.I2(ct) r~; ~cicii·ti~n"ai · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 

requirements that apply to Sealant or Caulking Compound] 

Title 17 

Page388 Register 2010, No. 52; 12-24-2010 

() 

0 
/ 

Title 17 Air Resources Board § 94509 

Product Category Effective Date1 voc 

Standard2 

Shaving Cream 111/94 5 

Shaving Gel 12/31/2006 7 

12/3112009 4 

Silicone-based Multi-purpose Lubricant: 11112005 60 

(excluding solid or semisolid products) 

Spot Remover*: 

aerosol 111/2001 25 

12/3112010 15 

non-aerosol 1/1/2001 

12/31/2010 

8 

3 

[*See section 94509(q) for additional requirements 

that apply to Spot Remover] 

Temporary Hair Color: 

aerosol 12/31/2010 55 

Tire or Wheel Cleaner 

aerosol 12/3112010 8 

non-aerosol 12/31/2010 2 

Tire Sealant and Inflator 12/31/2002 20 

Toilet/Urinal Care Product:* 

aerosol 12/3112006 10 

non-aerosol 12/3112006 3 

[See section 94509( o) for additional requirements that 

apply to Toilet/Urinal Care Product] 

Undercoating: 

aerosol 1/112002 40 

Windshield Water Repellent 12/3112010 75 

Wood Cleaner: 

aerosol 12/31/2006 17 

non-aerosol 12/3112006 4 

I 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. 

2See 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 Fluids (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 incidental use 

of a concentrated product to deal with limited special application such as 

hard-to-remove soils or stains. 

(2) For consumer products for which the label, packaging, or accompanying literature states that the product should be diluted with any VOC 

solvent prior to use, the limits specified in subsection (a) shall apply to 

the product only after the maximum recommended dilution has taken 

place. 

(3) For "Automotive Windshield Washer Fluid (Dilutable)" for which 

the front panel of the product label specifically states that the product 

should be diluted (e.g. identified as a "concentrate") prior to use; 

(A) the VOC limits specified in section 94509(a) shall apply to the 

product only after the minimum recommended dilution has taken place; 

(B) for the purpose of complying with 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 94509U), 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) also does not apply 

to: 

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

code indicating such date, or 

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

indicating the date of manufacture that is different than the code specified 

in section 94512(b )(2), but an explanation of the code has not been filed 

with the ARB Executive Officer by the deadlines specified in section 

94512(c)(l) or section 94512(c)(2), or 

Page389 Register 2010, No. 52; 12-24-2010 
§ 94509 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 17 

(C) Solid "Air Fresheners" and "Toilet/Urinal Care Product" that contain para-dichlorobenzene; these products are subject to the one-year 

sell-through period specified in section 94509(o). 

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

1. Subsection (c)(l) 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 multiunit 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. 

(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 thereformulated product does not increase. 

(g) The requirements of section 94509(e) shall not apply to any ozonedepleting 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 J anuary 1, 1993 any charcoal lighter material product unless at the time of the 

transaction: 

1. the manufacturer or distributor of the charcoal lighter material has 

been issued a currently effective certification pursuant to subsection 

(h)(2). 

2. the charcoal lighter material meets the formulation criteria and other 

conditions specified in the 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!:Pgnition 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 oftesting 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: 

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). 

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(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. 

( 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 ofVOC 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 ofless 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 sections 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)(l) 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 manufacturer 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), then the VOC limit for the product shall be the lowest applicable 

VOC limit specified in section 94509(a). 

(3) Effective 11112002, 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, perchlorothylene, 

or trichlorethylene, except that an aerosol adhesive manufactured before 

1/1/2002 may be sold, supplied, or offered for sale until1/1/2005, so long 

as the product complies with product dating requirements in section 

94512(b). 

( 4) All aerosol adhesives must comply with the labeling requirements 

specified in section 94512( d), and all manufacturers and responsible parties for aerosol adhesives must comply 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 asused 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 buildup" 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 Ait 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. 

(l) Automotive Windshield Washer Fluids. The provisions of subsection 94509(b)(l) 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 De greaser 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 De greasers that 

contain methylene chloride, perchloroethylene, or tdchloroethylene and 

were manufactured before December 31,2005, maybe sold, supplied, or 

offered for sale until December 31, 2008, so long as the product complies 

with product dating requirements in section 94512(b). 

(3) Notification for products sold during the sell-through period. Any 

person who sells or supplies a consumer product identified above in section 94509(m)(l) must notify the purchaser of the product in wdting 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. 

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§ 94509 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 17 

(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. 

(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 complies with product dating requirements 

in section 94512(b). 

(3) Notification for products sold during the sell-through period. Any 

person who sells or supplies a consumer product identified above in section 94509(n)(l) 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 

para-dichlorobenzene 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. 

(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 chlodde, perchloroethylene, or tdchloroethylene. 

(2) Sell-through of Products. Bathroom and Tile Cleaners, Construction, Panel, and Floor Coveting Adhesives, electronic cleaners labeled as 

energized electronic equipment use only, General Purpose Cleaners, and 

Oven Cleaners that contain methylene chlodde, 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 so1d 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, m· Oven Cleaner containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less 

than O.Ql% by weight. 

(q) Requirements for Carpet/Upholstery Cleaner, Fabric Protectant, 

Multi-Purpose Lubricant, Penetrant, Sealant or Caulkilig 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 chlodde, perchloroethylene, or trichloroethylene. 

(2) Sell-through of Products. Carpet/Upholstery qeaners, 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 productdating 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 distdbutor or retailer; and 

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

(4) Impurities. The requirements of section 94509(q)(l) and (q)(3) 

shall not apply to any Carpet/Upholstery Cleaner, Fabdc 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). 

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Title 17 Air Resources Board § 94510 

(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)(l), (r)(2), and 

(r)(3) shall not apply to any chemical compound that is present as an impurity in a combined amount equal to or less than 0.1% by weight. 

(s) Requirements for Fabric Softener- Single Use Dryer Product. 

(1) Effective December 31,2010, Fabric Softener-Single Use Dryer 

Product shall not contain more than 0.05 grams of VOC per use. Compliance with the VOC limit shall be determined per sheet, or 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)(l). 

(t) Requirements for Double Phase Aerosol Air Freshener. 

(1) Except as provided below in sections 94509(t)(2) and (t)(4), effective December 31, 2012, no person shall sell, supply, offer for sale, or 

manufacture for use in California any Double Phase Aerosol Air Freshener that contains any chemical compound that has a Global Warming 

Potential (GWP) Value of 150 or greater. 

(2) Sell-through of Products. Double Phase Aerosol Air Fresheners 

that contain any chemical compound that has a GWP Value of 150 or 

greater, and were manufactured before December 31, 2012, may be sold, 

supplied, or offered for sale until December 31, 2015, so long as the product complies with the product dating requirements in section 94512(b). 

(3) Notification for products sold during the sell-through period. Any 

person who sells or supplies a Double Phase Aerosol Air Freshener identified above in section 94509(t)(2) must notify the purchaser of the product, in writing, that the sell-through period for that product will end on 

December 31, 2015, 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, 2015. 

(4) Impurities. The requirements of section 94509(t)(l), (t)(2), and 

(t)(3) shall not apply to any chemical compound that is present as an impurity in a combined amount equal to or less than 0.1% by weight. 

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

(1) Except as provided below in sections 94509(u)(2) and (u)(4), effective December 31, 2010, no person shall sell, supply, offer for sale, or 

manufacture for use in California any Multi-purpose Solvent or Paint 

Thinner that contains any of the following: 

(A) chemical compounds that have a Global Warming Potential 

(GWP) Value of 150 or greater; 

(B) methylene chloride, perchloroethylene, or trichloroethylene; 

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

(2) Sell-through of Products. Multi-purpose Solvents and Paint Thinners that contain any chemical compound that has a GWP Value of 150 

or greater; methylene chloride, perchloroethylene, or trichloroethylene; 

or greater than 1% Aromatic Compound content by weight; and were 

manufactured before December 31, 2010, may be sold, supplied, or offered for sale until December 31, 2013, so long as the product complies 

with the product dating requirements in section 94512(b). 

(3) Notification for products sold during the sell-through period. Any 

person who sells or supplies a consumer product identified above in section 94509(u)(2) must notify the purchaser of the product in writing that 

the sell-through period for that product will end on December 31, 2013, 

provided, however, this notification must be given only ifboth 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(u)(l), (u)(2) and 

(u)(3) shall not apply to any Multi-purpose Solvent, or Paint Thinner that 

contains any of the following: 

(A) chemical compounds that have a Global Warming Potential 

(GWP) Value of 150 or greater and are present as impurities in a combined amount equal to or less than 0.1% by weight; 

(B) methylene chloride, perchloroethylene, or trichloroethylene that 

is present as an impurity in a combined amount equal to or less than 

O.Gl% by weight. 

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. 

HISTORY 

1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12). 

2. Amendment oftable in subsection (a), new table in subsection (a), amendment 

of subsections ( c )-(f), redesignating of subsection (f)(2) to (g) and amendment, 

and new subsections (h)-(h)(5) filed 12-7-92; operative 1-6-93 (Register92, 

No. 50). 

3. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government 

Code section 11343.4(d) (Register 97, No. 47). 

4. Amendment of subsection (a) filed 12-23-97; operative 12-23-97 pursuant to 

Government Code section 11343.4(d) (Register 97, No. 52). 

5. Amendment filed 7-17-98; operative 8-16-98 (Register 98, No. 29). 

6. Amendment of subsection (a) filed 8-24-98; operative 8-24-98 pursuant to 

Government Code section 11343.4(d) (Register 98, No. 35). 

7. Amendment implementing Mid-Term Measures II redesigning table of standards and adding subsections (k)-(1) filed 10-20-2000; operative 11-19-2000 

(Register 2000, No. 42). 

8. Amendment of Table of Standards, amendment and redesignation of portion of 

subsection (i) as subsection (i)(1), new subsections (i)(2)-(4) and amendment 

of NOTE filed 4-18-2001; operative 5-18-2001 (Register 2001, No. 16). 

9. Amendment of section and NOTE filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25). 

10. Amendment of subsections (a), (e), (h)(1)(A), (i), (i)(2)(A)-(B) and([) and new subsections (p)-(p)(4) filed 11-8-2007; operative 12-8-2007 (Register 2007, 

No. 45). 

11. Amendment of subsection (a), new subsection (b)(4), amendment of subsections (c)(1)(C), (e), (h), (h)(2)(A), (h)(2)(C)3., (i)(2)(A)-(B), ([)and (p)(2), new subsections (q)-(s)(2) and amendment of NOTE flied 6-18-2009; operative 

7-18-2009 (Register 2009, No. 25). 

12. Amendment of subsection (a)- Table of Standards and subsections (b)(3), 

(i)(3), (m)(2), (n)(2), (o)(1) and (r)(5) and new subsections (t)-(u)(4)(B) filed 

9-20-2010; operative 10-20-2010 (Register2010, No. 39). 

13. Editorial correction of subsection (a) -Table of Standards (Register 2010, 

No. 52). 

§ 94510. Exemptions. 

(a) This article shall not apply to any consumer products 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 

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§ 94511 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 17 

not apply to fragrances up to a combined level of2 percent by weight contained in any consumer product. 

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

any L VP-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 l36--l36y). 

(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 I, 1992, provided that both (i) the 

registration data specified in section 94513 is submitted for every such 

product by the date specified in section 945l3(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 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 pi·oduct 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. 

G) 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 94509(a) shall not apply to bait station 

insecticides. For the purpose of this section, bait station insecticides are 

containers enclosing an insecticidal bait that is not more than 0.5 ounce 

by weight, where the bait is designed to be ingested by insects and is composed of solid material feeding stimulants with less than 5 percent (%) 

active ingredients. 

(l) Except as specified in 94510(l)(1), the 1/1/99 VOC limits specified 

in Section 94509(a) for personal fragrance products shall not apply to 

such products which have been sold in California prior to 1/1/99. 

(1) On or after December 31, 2014, the 75 percent by weight VOC limit shall apply to any "Personal Fragrance Product" that contains 20 percent or less fragrance. Products manufactured before December 31, 2014 

may be sold, supplied, or offered for sale until December 31, 2017, so 

long as the product complies with the product dating requirements in Section 94512(b). 

(m) Until December 31, 2013, the VOC limits specified in Section 

94509(a), and the prohibition of Aromatic Compounds listed in section 

94509(u)(l), shall not apply to Paint Thinners that are packaged in containers with a capacity less than or equal to 8 fluid ounces. 

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

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

Code. 

HISTORY 

1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12). 

2. Amendment of subsections (b)-(d) and (g) and new subsections (h)-( I) ftled 

12-7-92; operative 1-6-93 (Register 92, No. 50). 

3. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government 

Code section 11343.4(d) (Register 97, No. 47). 

4. Amendment of subsection (b) filed 7-17-98; operative 8-16-98 (Register 98, 

No. 29). 

5. Amendment of subsection (g) and new subsections (g)(l)-(2) ftled 6-20-2005; 

operative 7-20-2005 (Register 2005, No. 25). 

6. Amendment of subsection (e) filed 11-8-2007; operative 12.:...3-=-2007 (Register 

2007, No. 45). 

7. Amendment of subsections (c) and (h), new subsection (h)(3), amendment of 

subsection (I) and new subsection (1)(1) filed 6-18-2009; operative 7-18-2009 

(Register 2009, No. 25). 

8. New subsection (m) filed 9-20-2010; operative 10-20-2010 (Register 2010, 

No. 39). 

§ 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: . 

ENc x VOCsm ·· ER = __!,!.::::.._ ___ = 

VOCNc 

where: 

ER =The VOC emissions from the noncomplying repre~·entative product, had it been reformulated. 

ENc =The VOC emissions from the noncomplyingrepresentative 

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 ofthe 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. 

(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 toestablish 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. 

Page394 Register 2010, No. 52; 12-24-2010 

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0 
Title 17 Air Resources Board § 94512 

(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, 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 

0fficer within 30 days if the manufacturer learns of any information 

which would alter the emissions estimates submitted to the Executive Officer in support of the exemption application. 

(h) If the VOC limits specified in Section 94509(a) are lowered for a 

product category through any subsequent rulemak:ing, 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 determined 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. 

HISTORY 

1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12). 

2. Amendment of subsection (a) to create a new subsection (a)(1), new subsection 

(a)(2), amendment of subsection (b), new subsections (b)(1)-(3), repealer of 

subsection (c) and relettering, and amendment of subsections (c), (e)-(f), and 

(h)-(i) filed 12-7-92; operative 1-6-93 (Register 92, No. 50). 

3. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government 

Code section 11343.4(d) (Register 97, No. 47). 

4. Amendment of subsections (e) and (f) filed 9-20-201 0; operative 10-20-2010 

(Register 2010, No. 39). 

§ 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 FIFRAregistered 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 I, 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. 

(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)(l) 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. 

(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 )(I), 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 

Page395 Register 2010, No. 39; 9-24-2010 
§ 94512 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 17 

"ODD"= 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 itis readily observable without 

irreversibly disassembliriiany 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-unitPackages. 

(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 

I, 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 "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 datecode(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 datecode(s), and the "date of assembiy" 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 explana-

. tion of the modified code must be received by the Executive Officer be" 

fore 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. 

(d) Additional Labeling Requirements for AerosolAdhesive,Adhesive 

Remover, Electronic Cleaner, Electrical Cleaner, Energized Electrical 

Cleaner, Contact Adhesive, and Sealant or Caulking Compound (nonaerosol). 

(1) In addition to the requirements specified in subsections (a), (b) and 

(c), both the manufacturer and responsible party for each aerosol adhesive, adhesive remover, electronic cleaner, electrical cleaner, energized 

electrical cleaner, contact adhesive product, and sealant or caulking compound (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 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 VO<;: standard; 

2. If the product is included in an alternative control plan·approved by 

the Executive Officer, and the product exceeds the applic'ilble 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. 

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

required in section 94512(d)(l) prior to final sale of the product. 

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

Thinner 

. The following requirements apply in addition to the requirements specified in section 94512(a), (b), and (c): 

(1) Except as provided below in section 94512(e)(2), effective December 31,2010, until December 31,2015, no person shall sell, supply, offer 

for sale, or manufacture for use in Ca:lifornia any "Flammable" or "Extremely Flammable" Multi-purpose Solvent or Paint Thinner named, on 

the Principle Display Panel as "Paint Thinner," "Multi-purpose Solvent," "Clean-up Solvent," or "Paint Clean-up." 

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

the following criteria: 

(A) Products which include an attached "hang tag," sticker, or contrasting square or rectangular area on the Principle Display Panel that displays, at a minimum, the following statements in a font size as large as, 

or larger than, the "signal word" (i.e., "DANGER," "WARNING," or 

Page396 Register 2010, No. 39; 9-24-2010 
/ 

Title 17 Air Resources Board § 94513 

"CAUTION") as specified in title 16, Code of Federal Regulations, section 1500.121: 

"Formulated to meet California VOC limits; see warnings on label; 

Yea las advertencias en la etiqueta, formulado complacientes con !eyes 

de California" or 

(B) Products where the Principle Display Panel displays, in both English and Spanish and a font size as large as, or larger than, the font size 

of all other words on the panel, the common, name of the chemical compound (e.g., "Acetone," "Methyl acetate," etc.) that results in the product 

meeting the criteria for "Flammable" or "Extremely Flammable." 

(3) For the purposes of this subsection (e), a product is "Flammable" 

or Extremely Flammable" if it is labeled as "Flammable" or "Extremely 

Flammable" on the product container, or if the product meets the criteria 

for these terms specified in title16, Code of Federal Regulations, section 

1500.3(c)(6). 

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

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

Code. 

HISTORY 

1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12). 

2. Amendment filed 12-7-92; operative 1-6-93 (Register 92, No. 50). 

3. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government 

Code section 11343.4(d) (Register 97, No. 47). 

4. Amendment of subsections (b), (b )(2) and (c) filed 7-17-98; operative 8-16-98 

(Register 98, No. 29). 

5. New subsections (d)-(d)(3) filed 4-18-2001; operative 5-18-2001 (Register 

2001, No. 16). 

6. Amendment filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25). 

7. Amendment of subsection (a)(3) filed 11-8-2007; operative 12-8-2007 (Register 2007, No. 45). 

8. Amendment of subsections (b)(1), (d)-(d)(1) and (d)(1)(D) filed 6-18-2009; 

operative 7-18-2009 (Register 2009, No. 25). 

9. New subsections (e)-(e)(3) filed 9-20-2010; operative 10-20-2010 (Register 

2010, No. 39). 

§ 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 hot liinited to, 

all or part of the following information specified in the following subsections (a)(l) 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," "1&1 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 

(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 

( 1 0) 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 propellent for each 

product; 

(12) if applicable, an identification of the type of propellent (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 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); 

Page396.1 Register 2010, No. 39; 9-24-2010 
§ 94514 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 17 

(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. 

(4) Upon request, the Executive Officer-shall make thepercbloroetbylene 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, relativeto 1996levels, 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), 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 V OC or L VP-V OC 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; aild 

(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. 

(g) Special Reporting Requirements for Multi-purpose Solvent and 

Paint Thinner products 

(1) On or before June 30, 2012, all responsible parties for Multi-purpose Solvent and Paint Thinner products shall report to the Executive Officer the following information for products sold or offered for sale in 

California: 

(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 ofthe research and development efforts undertaken to achieve the 3 percent VOC limits specified in section 94509(a). The 

written update must include detailed information about the raw materials 

evaluated for use; maximum incremental reactivity (MIR) values for any 

VOC or L VP-VOC used or evaluated; the function of the raw material 

evaluated; the testing protocols used; the results of the testing; and the 

cost of reformulation efforts. 

NOTE: Autli.ority cited: Sections 39600, 39601, 41511 and 41712, Health and 

Safety Code. Reference: Sections 39002, 39600, 40000, 41511 and 41712, Health 

and Safety Code. 

HISTORY 

1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12). 

2. Amendment of subsections (a)-(a)(6), new subsections (a)(7)-(12), repealer 

and new subsection (b) and relettering, and amendment of subsection (c) filed 

12-7-92; operative 1-6-93 (Register 92, No. 50). 

3. Amendment of section heading and section filed 11-18-97; operative 

11-18-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 

47). . 

4. New subsections (t)-(t)(3) filed 12-23-97; operative 12-23-97 pursuant to 

Government Code section 11343.4(d) (Register 97, No. 52). 

5. Editorial correction of subsection (e)(5)(B) (Register 98, No. 29). 

6. Amendment of subsections (e) and (e)(!) a~d new subsections (g)-(g)(3)(D) 

filed 7-17-98; operative 8-16-98 (Register 98, No. 29). 

7. Amendment implementing Mid-Term Measures II filed 10-20-2000; operative 11-19-2000 (Register 2000, No. 42). 

8. Amendment of subsections (d)-(d)(2) and new subsection (d)(3) filed 

4-18-2001; operative 5-18-2001 (Register 2001, No. 16). 

9. Amendment filed 6-20-2005; operative 7-20-2005 (Registec!2005, No. 25). 

10. Amendment of subsections (e), (e)(2)(D) and (e)(4) filed JilF.8,;,-2007; operative 12-8-2007 (Register2007, No. 45). .,_ 

11. Amendment of subsection (e)(l)(B) and new subsections (f).:.(t)(2)(B) filed 

6-18-2009; operative 7-18-2009 (Register 2009, No. 25). 

12. Amendment of subsections (a), (t)(l)(A) and (t)(2)(A) and ~ew subsections 

(g)-(g)(l)(B) filed 9-20-2010; operative 10-20-2010 (Register2010, No. 39). 

§ 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. Up'on 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. 

(c) Treatment of confidential information. Information submitted to 

the Executive Officer by a variance applicant may be claimed as confiPage396.2 Register 2010, No. 39; 9-24-2010 

0 

0 
/ 

Title 17 Air Resources Board § 94515 

dential, 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 hairs pray products, the Executive Officer, in addition to any other conditioris 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. 

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

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

Code. 

HISTORY 

1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12). 

2. Amendment of subsection (b) filed 12-7-92; operative 1--6-93 (Register 92, 

No. 50). 

3. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government 

Code section 11343.4(d) (Register 97, No. 47). 

4. Amendment of subsections (a)(2)-(3) and new subsections (a)(4) and (h) filed 

12-23-97; operative 12-23-97 pursuant to Government Code section 

11343.4(d) (Register 97, No. 52). 

5. Amendment of subsections (b) and (c) filed 7-17-98; operative 8-16-98 (Register 98, No. 29). 

6. Amendment italicizing descriptive headings filed 10-20-2000; operative 

11-19-2000 (Register 2000, No. 42). 

7. Amendment of subsection (h) filed 11-8-2007; operative 12-8-2007 (Register 

2007, No. 45). 

§ 94515. Test Methods. 

(a)(l) 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 31 0, 

Determination of Volatile Organic Compounds (VOC) in Consumer 

Products, adopted September 25, 1997 and as last amended on August 6, 

201 0, 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 ofVOC Content". This process is an 

· integral part of testing procedures set forth in ARB Method 31 0, and is 

reproduced below: 

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

3.5 Initial Determination ofVOC 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. 

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 li!ltiperspirants and deodorants or 

aerosol coating products because there is no LVP-VOC exemption for 

these products. 

3.6.1 Formulation data. If the vapor pressure is unknown, the following ASTM methods, which are incorporated by reference herein, may be 

used to determine the LVP-VOC status of compounds and mixtures: 

ASTM D 86-01 (Aug. 10, 2001), ASTM D 850-00 (Dec. 10, 2000), 

ASTMD 1078-01 (June 10,2001),ASTMD2879-97(April10, 1997), 

as modified in Appendix B to this Method 310, ASTM D 2887-01 (May 

10, 2001) as ASTM E 1719-97 (March 10, 1997). 

3.6.2 L VP-VOC status of"compounds" or "mixtures." The Executive 

Officer will test a sample of the L VP-VOC used in the product formulation to determine the boiling point for a compound or for a mixture. If the 

boiling point exceeds 216° C, the compound or mixture is an L VP-VOC. 

If the boiling point is less than 216° C, then the weight percent of the mixture which boils above 216° Cis an LVP-VOC. The Executive Officer 

will use the nearest 5 percent distillation cut that is greater than 216° C 

as determined under 3.6. i to determine the percentage of the mixture 

qualifying as an L VP-VOC. 

3.6.3 Reference method for identification of L VP-VOC compounds 

and mixtures. If a product does not qualify as an L VP-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 (April 10, 1997), as modified in Appendix B to this Method 

310, and ASTM E 1719-97 (March 10, 1997), to determine if the compound or mixture meets the requirements of Titles 17, CCR, section 

94508(a)(98)(A). 

3.7 Final Determination ofVOC Content. If a product's compliance 

status is not satisfactorily resolved under sections 3.5 and 3.6, the ExecuPage 396.2(a) Register 2010, No. 39; 9-24-2010 
§ 94516 BAR CLAYS CALIFORNIA CODE OF REGULATIONS Title 17 

tive 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, 

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 cannotbe 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 from records of the amounts of constituents used to make the product, pursuant 

to the following criteria: 

(1) Compliance determination 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 amounts and chemical composition of 

the individual product constituents. These records must be kept for at 

least three years. 

(2) For the purpose of this section 94515(b), the VOC content shall be 

calculated according to the following equation: 

VOC Content = B A C x 100 

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 V OC 

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 established a violation 

of the requirements of this article. 

(c) Aromatic Compound content determination for .Multi-purpose 

Solvent or Paint Thinner using ARB Method 310. Testing to determine 

compliance with the requirements of section 94509(u)(l)(C), 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 August 6, 2010, which is incorporated by reference herein. Alternative test methods that are demonstrated to be equally or more accurate than ARB Method 310 in determining the Aromatic Compound content in a product or its emissions may 

be used upon the written approval of the Executive Officer. 

(d) Aromatic Compound content determinations for Multi-purpose 

Solvent or Paint Thinner using product formulation and records. Testing 

to determine compliance with the requirements of section 

94509(u)(l)(C), may also be demonstrated through calculation of Aromatic Compound content from records of the amounts of constituents 

used to make the product pursuant to the following criteria: 

(1) Compliance determinations based on these records may not be 

used unless the manufacturer of a Multi-purpose Solvent or Paint Thinner keeps accurate records for each day of production of the amount and 

chemical composition of the individual product constituents. These records must be kept for at least three years. 

(2) For the purposes of this section 94515(d), the Aromatic Compound 

content shall be calculated according to the following equation: 

Aromatic Compound Content = E x 100 

D 

where, 

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

E = total weight of all Aromatic Compounds, as defined in Section 

94508(a), per unit 

(3) If product records appear to demonstrate compliance with the Aromatic Compound limit, but these records are contradicted by product 

testing performed using ARB Method 310, the results of ARB Method 

310 shall take precedence over the product records and may be used to 

establish a violation of the requirements of this article. 

(e) Determination of liquid or solid. Testing to determine whether a 

product is a liquid or solid shall be performed using ASTM D4359-90 

(May 25, 1990), which is incorporated by reference herein. 

(f) Compliance determinations for charcoal lighter 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. 

(g) Testing to determine distillation points of petroleum distillatebased charcoal lighter material shall be performed using ASTM D86-0 1 

Aug. 10, 2001, which is incorporated by reference herein. 

(h) Fragrance content determinations for personal fragrance products. 

Testing to determine the percent by weight of fragrance in personal fragrance products shall be performed according to the Association of Official Analytical Chemists (AOAC) Official Method of Analysis No. 

932.11, 1990, "Essentiai Oil in Flavor Extracts and Toilet Preparations, 

Babcock Method" (AOAC Official Methods of Analysis, 15th Edition, 

1990), which is incorporated by reference herein. 

(i) No person shall create, alter, falsify, or otherwise modify records 

in such a way that the records do not accurately reflect the constituents 

used to manufacture a product, the chemical compositiomofthe 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, 40.000, 41511 and 

41712, Health and Safety Code. · · --

HISTORY 

1. New section filed 9-19-91; operative 10-21-91 (Register 92,.No. 12). 

2. Amendment of subsection (b) and new subsections ( c )-(f) filed '12-7-92; operative 1-6-93 (Register 92, No. 50). · 

3. Amendment of section and NoTE filed 11-13-97; operative 12-13-97 (Register 

97, No. 46). 

4. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government 

Code section 11343.4(d) (Register 97, No. 47). 

5. Amendment of subsection (b)(2) filed 7-17-98; operative 8-16-98 (Register 

98, No. 29). 

6. Amendment filed 11-16-99; operative 12-16-99 (Register 99, No. 47). 

7. Amendment of subsection (a)(2) filed 10-20-2000; operative 11-19-2000 

(Register 2000, No. 42). 

8. Amendment of subsections (a)(1)-(2), (c) and (e) filed 6-20-2005; operative 

7-20-2005 (Register 2005, No. 25). 

9. Amendment of subsection (a)(2) filed 11-8-2007; operative 12-8-2007 (Register 2007, No. 45). · 

10. Amendment of subsections (a)(1) and (a)(2) filed 6-18-2009; operative 

7-18-2009 (Register 2009, No. 25). 

11. Amendment of subsections (a)(1)-(2), new subsections (c)-(d)(3), subsection 

relettering and amendment of newly designated subsections (e) and (g) filed 

9-20-2010; operative 10-20-2010 (Register2010, No. 39). 

§ 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. 

HISTORY 

I. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12). 

§ 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 

Page 396.2(b) Register 2010, No. 39; 9-24-2010 

() 

0 
Title 17 Air Resources Board § 94521 

or variance under Section 94511 or 94514, an exemption or variance 

meeting the requirements of the Clean Air Act shall be submitted by the 

Executive Officer to the Environmental Protection Agency for inclusion 

in the applicable implementation plan approved or promulgated by the 

Environmental Protection Agency pursuant to Section 110 of the Clean 

Air Act, 42 U.S.C., Section 7410. Prior to submitting an exemption 

granted under Section 94511 as a revision to the applicable implementation plan, the Executive Officer shall hold a public hearing on the proposed exemption. Notice of the time and place of the hearing shall be sent 

to the applicant by certified mail not less than 30 days prior to the hearing. 

Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to the 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(t). The decision may approve, disapprove, or modify an 

exemption previously granted pursuant to Section 94511. 

NOTE: Authority cited: Sections 39600, 39601, 39602 and 41712, Health and 

Safety Code. Reference: Sections 39002, 39600, 39602, 40000 and 41712, Health 

and Safety Code. 

HISTORY 

1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12). 

2. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government 

Code section 11343.4(d) (Register 97, No. 47). 

Article 3. Aerosol Coating Products 

§ 94520. Applicability 

This article shall apply to any person who sells, supplies, offers for 

sale, applies, or manufactures aerosol coating products for use in the state 

of California, except as provided in section 94523. 

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

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

Code. 

HISTORY 

1. New Article 3 (sections 94520-94528) and section filed 1-8-96; operative 

1-8-96 pursuant to Government Code section 11343.4( d) (Register 96, No. 2). 

§ 94521. Definitions. 

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

(1) "Adhesive" means a product used to bond one surface to another. 

(2) "Aerosol Coating Product" means a pressurized coating product 

containing pigments or resins that dispenses product ingredients by 

means of a propellant, and is packaged in a disposable can for hand-held 

application, or for use in specialized equipment for ground traffic/marking applications. 

(3) "Anti-Static Spray" means a product used to prevent or inhibit the 

accumulation of static electricity. 

(4) "Art Fixative or Sealant" means a clear coating, including art varnish, workable art fixative, and ceramic coating, which is designed and 

labeled exclusively for application to paintings, pencil, chalk, or pastel 

drawings, ceramic art pieces, or other closely related art uses, in order to 

provide a final protective coating or to fix preliminary stages of artwork 

while providing a workable surface for subsequent revisions. 

(5) "ASTM" means the American Society for Testing and Materials. 

(6) "Auto Body Primer" means an automotive primer or primer surfacer coating designed and labeled exclusively to be applied to a vehicle 

body substrate for the purposes of corrosion resistance and building arepair area to a condition in which, after drying, it can be sanded to a smooth 

surface. 

(7) "Automotive Bumper and Trim Product" means a product, including adhesion promoters and chip sealants, designed and labeled exclusively to repair and refinish automotive bumpers and plastic trim parts. 

(8) "Automotive Underbody Coating" means a flexible coating which 

contains asphalt or rubber and is designed and labeled exclusively for use 

on the underbody of motor vehicles to resist rust, abrasion and vibration, 

and to deaden sound. 

(9) "Aviation Propeller Coating" means a coating designed and labeled exclusively to provide abrasion resistance and corrosion protection 

for aircraft propellers. 

(10) "Aviation or Marine Primer" means a coating designed and labeled exclusively to meet federal specification TT-P-1757. 

(11) "Base Reactive Organic Gas Mixture" (Base ROG Mixture) 

means the mixture of reactive organic gases utilized in deriving the MIR 

scale. 

(12) "Belt Dressing" means a product applied on auto fan belts, water 

pump belting, power transmission belting, and industrial and farm machinery belting to prevent slipping, and to extend belt life. 

(13) "Cleaner" means a product designed and labeled primarily toremove soil or other contaminants from surfaces. 

(14) "Clear Coating" means a coating which is colorless, containing 

resins but no pigments except flatting agents, and is designed and labeled 

to form a transparent or translucent solid film. 

(15) "Coating Solids" means the nonvolatile portion of an aersol coating product, consisting of the film forming ingredients, including pigments and resins. 

(16) "Commercial Application" means the use of aerosol coating 

products in the production of goods, or the providing of services for profit, including touch-up and repair. 

(17) "Corrosion Resistant Brass, Bronze, or Copper Coating" means 

a clear coating designed and labeled exclusively to prevent tarnish and 

corrosion of uncoated brass, bronze, or copper metal surfaces. 

(18) "Distributor'' means any person to whom an aerosol coating product is sold or supplied for the purposes of resale or distribution in commerce, except that manufacturers, retailers, and consumers are not distributors. 

(19) "Dye" means a product containing no resins which is used to color 

a surface or object without building a film. 

(20) "Electrical Coating" means a coating designed and labeled exclusively as such, which is used exclusively to coat electrical components 

such as wire windings on electric motors to provide insulation and protection from corrosion. 

(21) "Enamel" means a coating which cures by chemical cross-linking of its base resin and is not resoluble in its original solvent. 

(22) "Engine Paint" means a coating designed and labeled exclusively 

to coat engines and their components. 

(23) "Exact Match Finish, Engine Paint" means a coating which meets 

all of the following criteria: (A) the product is designed and labeled exclusively to exactly match the color of an original, factory-applied engine paint; (B) the product is labeled with the manufacturer's name for 

which they were formulated; and (C) the product is labeled with one of 

the following: (1.) the original equipment manufacturer's (O.E.M.) color 

code number; (2.) the color name; or (3.) other designation identifying 

the specific O.E.M. color to the purchaser. 

(24) "Exact Match Finish, Automotive" means a topcoat which meets 

all of the following criteria: (A) the product is designed and labeled exclusively to exactly match the color of an original, factory-applied automotive coating during the touch-up of automotive finishes; (B) the product is labeled with the manufacturer's name for which they were 

formulated; and (C) the product is labeled with one of the following: (1.) 

the original equipment manufacturer's (O.E.M.) color code number; (2.) 

the color name; or (3.) other designation identifying the specific O.E.M. 

color to the purchaser. Not withstanding the foregoing, automotive clear 

coatings designed and labeled exclusively for use over automotive exact 

match finishes to replicate the original factory applied finish shall be considered to be automotive exact match finishes. 

(25) "Exact Match Finish, Industrial" means a coating which meets all 

of the following criteria: (A) the product is designed and labeled exclusively to exactly match the color of an original, factory-applied industrial 

coating during the touch-up of manufactured products; (B) the product 

is labeled with the manufacturer's name for which they were formulated; 

and (C) the product is labeled with one of the following: (1.) the original 

equipment manufacturer's (O.E.M.) color code number; (2.) the color 

Page 396.2(c) Register 2010, No. 39; 9-24-2010