1

Proposed Modified Regulatory Language for 15-day Public Comment Period 

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

text set forth in Appendix B to the Staff Report: Initial Statement of Reasons, released 

August 7, 2009. Only those portions containing the modifications are included. This 

document is printed in a style to indicate changes from the originally proposed 

regulatory language. All originally proposed regulatory language is shown in underline

to indicate additions and strikeout to indicate deletions. Staff’s modifications to the 

original proposal are shown in double underline to indicate additions and double 

strikeout to indicate deletions. 

Consumer Products Regulation

Proposed Modifications to section 94508, Definitions. 

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

follows: 

... 

(13) “Aromatic Compound” means a VOC carbon containing compound that contains

one or more benzene or equivalent heterocyclic rings and has an initial boiling 

point less than or equal to 280oC. “Aromatic Compound” does not include 

compounds excluded from the definition of Volatile Organic Compound (VOC) in 

this Section 94508(a).

... 

(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;” or “For professional use only;.” “Not for 

residential use;” or “Not intended for residential use.” 

 

 (A) Immersion in water, wastewater, or chemical solutions (aqueous and nonaqueous solutions), or chronic exposure of interior surfaces to moisture 

condensation; or 

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

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

 (C) Frequent exposure to temperatures above 121oC (250oF); 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.
2

... 

(106)(102)”Multi-purpose Solvent” means: 

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

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

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

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

institutional facilities, except for laboratory reagents used in analytical, 

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

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

conveyorized degreasers or film cleaning machines, or solvents that are 

incorporated into, or used exclusively in the manufacture or construction of, 

the goods or commodities at the site of the establishment. 

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

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

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

includes: (A)(1) products that do not display specific use instructions on the 

product container or packaging, (B)(2) products that do not specify an enduse function or application on the product container or packaging, and (C)(3)

solvents used in institutional facilities, except for laboratory reagents used in 

analytical, educational, research, scientific or other laboratories., (4) “Paint 

Cclean-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 not 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. 

... 

(114) “Paint Clean-up” means any liquid product labeled for cleaning oil-based or 

water-based paint, lacquer, varnish, or related coatings from, but not limited to, 

painting equipment or tools, plastics, or metals.

(114)(115)(110)“Paint Remover or Stripper” means any product designed to strip or 

remove paints or other related coatings, by chemical action, from a substrate 

without markedly affecting the substrate. “Paint Remover or Stripper” does not 

include “Multi-purpose Solvent,” paint brush cleaners, products designed and 
3

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

remove paints and other related coatings from skin.

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

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

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

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

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

Coatings. “Paint Thinner” also does not include products labeled and used 

exclusively as a component in a specific coating. “Paint Thinner” also does not 

include “Artist’s Solvent/Thinner.”

(116)(117)(112)“Penetrant” means a lubricant designed or labeled primarily to loosen 

metal parts that have bonded together due to rusting, oxidation, or other causes. 

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

penetrating qualities, but are not labeled primarily to loosen bonded parts. 

(117)(118)(113)“Person” shall have the same meaning as defined in Health and Safety 

Code Section 39047. 

(118)(119)(114) “Personal Fragrance Product” means any product which is applied to 

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

a malodor, including, but not limited to, cologne, perfume, aftershave, toilet 

water, lotion, powder, body mist, and body spray. “Personal Fragrance Product” 

does not include: (A) Deodorant, as defined in section 94501(d); (B) medicated 

products designed primarily to alleviate fungal or bacterial growth on feet or other 

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

lotions, moisturizers, powders or other skin care products designed or labeled to 

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

products designed exclusively to be applied to human genitalia areas, 

undergarments, and any paper products, napkins or other products that are 

affixed to undergarments, such as sanitary pads; (F) soaps, shampoos, and 

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

designed to be used exclusively on non-human animals. 

(119)(120)(115)“Pesticide” means and includes any substance or mixture of substances 

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

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

designed, or intended for use as a defoliant, desiccant, or plant regulator, 

provided that the term “pesticide” will not include any substance, mixture of 

substances, or device which the United States Environmental Protection Agency 

does not consider to be a pesticide. 

(120)(121)(116)“Pressurized Gas Duster” means a pressurized product labeled to 

remove dust from a surface solely by means of mass air or gas flow, including 

surfaces such as photographs, photographic film negatives, computer keyboards, 

and other types of surfaces that cannot be cleaned with solvents. “Pressurized 
4

Gas Duster” does not include “Dusting Aid,” “General Purpose Cleaner,” 

“Electrical Cleaner,” “Electronic Cleaner,” “Energized Electrical Cleaner,” or “AntiStatic 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)(122)(117)“Principal Display Panel or Panels” means that part, or those parts of a 

label that are so designed as to most likely be displayed, presented, shown or 

examined under normal and customary conditions of display or purchase. 

Whenever a principal display panel appears more than once, all requirements 

pertaining to the “principal display panel” shall pertain to all such “principal 

display panels.” 

(122)(123)(118)“Product Brand Name” means the name of the product exactly as it 

appears on the principal display panel of the product. 

(123)(124)(119)“Product Category” means the applicable category which best describes 

the product as listed in this Section 94508. 

(124)(125)(120)“Product Form,” for the purpose of complying with Section 94513 only, 

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

dispensing form as follows: 

A = Aerosol Product 

S = Solid 

P = Pump Spray 

L = Liquid 

SS = Semisolid 

O = Other 

(125)(126)(121) “Propellant” means a liquefied or compressed gas that is used in whole 

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

same self-pressurized container or from a separate container. 

(126)(127)(122) “Pump Spray” means a packaging system in which the product 

ingredients within the container are not under pressure and in which the product 

is expelled only while a pumping action is applied to a button, trigger or other 

actuator. 

(127)(128)(123) “Responsible Party” means the company, firm or establishment which 

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

establishments, the responsible party is the party which the product was 

“manufactured for” or “distributed by,” as noted on the label. 
5

(128)(129)(124)”Restricted Materials” means pesticides established as restricted 

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

(129)(130)(125)”Retailer” means any person who sells, supplies, or offers consumer 

products for sale directly to consumers. 

(130)(131)(126)”Retail Outlet” means any establishment at which consumer products 

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

(131)(132)(127)”Rubber/Vinyl Protectant” means: 

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

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

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

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

products primarily designed to clean the wheel rim, such as aluminum or 

magnesium wheel cleaners, and tire cleaners that do not leave an 

appearance-enhancing or protective substance on the tire. 

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

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

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

or accessories. “Rubber/Vinyl Protectant” does not include: products labeled 

to clean the wheel rim, such as aluminum or magnesium wheel cleaners; tire 

cleaners that do not leave an appearance-enhancing or protective substance 

on the tire; pigmented products designed or labeled to be used primarily for 

coloring; products used for construction, reconstruction, modification, 

structural maintenance or repair of rubber or vinyl substrates; or products, 

other than those labeled to be used on vehicle tires, qualifying as either 

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

section 94521(a). 

(132)(133)(128)”Rubbing Alcohol” means any product containing isopropyl alcohol (also 

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

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

rubefacient, and for massage. 

(133)(134)(129)”Sanitizer” means a product that is labeled as a “sanitizer,” or is labeled 

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

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

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

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

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

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

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

therapeutic tubs, or hot tubs, (E) products which are labeled to be used on heat 
6

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

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

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

cements and roof sealants; insulating foams; removable caulking compounds; 

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

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

continuous coatings. “Sealant or Caulking Compound” also does not include 

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

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

“Removable caulking compounds” means a compound which temporarily seals 

windows or doors for three to six month time intervals. 

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

contains no appreciable level of opaque fillers or pigments; transmits most or all 

visible light through the caulk when cured; is paintable; and is immediately 

resistant to precipitation upon application. 

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

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

Caulking Compound” which achieves its final composition and physical form 

through a chemical curing process, where product ingredients participate in a 

chemical reaction in the presence of a catalyst that causes a change in 

chemical structure and leads to the release of chemical byproducts. 

“Chemically Curing Sealant or Caulking Compound” includes, but is not 

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

polyether, or silyl-terminated polyurethane reactive chemistries. “Chemically 

Curing Sealant or Caulking Compound” does not include products which are 

not solely dependent on a chemically curing process to achieve the cured 

state.

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

or Caulking Compound” not defined under “Chemically Curing Sealant or 

Caulking Compound.”

(135)(136)(131)“Semisolid” means a product that, at room temperature, will not pour, 

but will spread or deform easily, including but not limited to gels, pastes, and 
7

greases. 

(136)(137)(132)”Shaving Cream” means an aerosol product which dispenses a foam 

lather intended to be used with a blade or cartridge razor, or other wet-shaving 

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

include “Shaving Gel.” 

(137)(138)(133) “Shaving Gel” means an aerosol product which dispenses a postfoaming 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.” 

(138)(139)(134)”Silicone-based Multi-purpose Lubricant” means any lubricant which is: 

 

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

compounds including, but not limited to, polydimethylsiloxane, and 

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

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

products designed and labeled exclusively to release manufactured products 

from molds. 

(139)(140)(135)“Single Phase Aerosol Air Freshener” means an aerosol air freshener 

with the liquid contents in a single homogeneous phase and which does not 

require that the product container be shaken before use. 

(140)(141)(136)“Solid” means a substance or mixture of substances which, either whole 

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

visually detectable flow as determined under ASTM D-4359-90 (May 25, 1990)

Standard Test Method for Determining Whether a Material Is a Liquid or a Solid, 

which is incorporated by reference herein. 

(141)(142)(137)“Special Purpose Spray Adhesive” means an aerosol adhesive that 

meets any of the following definitions: 

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

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

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

artwork. 

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

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

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

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

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

and may be determined using ASTM Method E260-91 (Jan. 25, 1991)
8

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 200-275o

 F. 

(142)(143)(138) “Spot Remover” means any product labeled to clean localized areas, 

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

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

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

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

(143)(144)(139)“Spray Buff Product” means a product designed to restore a worn floor 

finish in conjunction with a floor buffing machine and special pad. 

(144)(145)(140)”Table B Compound” means any carbon-containing compound listed as 

an exception to the definition of VOC in Section 94508. 

(145)(146)(141)”Temporary Hair Color” means any product that applies color, 

glitter, or UV-active pigments to hair, wigs, or fur and is removable when 
9

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

(147)(148)(143)“Tire or Wheel Cleaner” means a product designed or labeled 

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

includes, but is not limited to, products for use in commercial, fleet, hand, 

and “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)(149)(144)”Tire Sealant and Inflator” means any pressurized product that is 

designed to temporarily inflate and seal a leaking tire. 

(149)(150)(145)”Toilet/Urinal Care Product” means any product designed or 

labeled to cleanand/or to deodorize toilet bowls, toilet tanks, or urinals. Toilet 

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

connected to permanent plumbing in buildings and other structures, portable 

toilets or urinals placed at temporary or remote locations, and toilet or urinals in 

vehicles such as buses, recreational motor homes, boats, ships, and aircraft. 

“Toilet/Urinal Care Product” does not include “Bathroom and Tile Cleaner” or 

“General Purpose Cleaner.” 

(150)(151)(146)”Type A Propellent” means a compressed gas such as CO2, N2, N2O, or 

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

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

(151)(152)(147)”Type B Propellent” means any halocarbon which is used as a 

propellent including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons 

(HCFCs), and hydrofluorocarbons (HFCs). 

(152)(153)(148) “Type C Propellent” means any propellent which is not a Type A or 

Type B propellent, including propane, isobutane, n-butane, and dimethyl ether 

(also known as dimethyl oxide). 

(153)(154)(149) “Undercoating” means any aerosol product designed to impart a 

protective, non-paint layer to the undercarriage, trunk interior, and/or firewall of 

motor vehicles to prevent the formation of rust or to deaden sound. 

“Undercoating” includes, but is not limited to, rubberized, mastic, or asphaltic 

products. 
10

(154)(155)(150)”Usage Directions” means the text or graphics on the product's principal 

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

how and in what quantity the product is to be used.

(155)(156)(151)”Volatile Organic Compound (VOC)” means any compound containing 

at least one atom of carbon, excluding carbon monoxide, carbon dioxide, 

carbonic acid, metallic carbides or carbonates, and ammonium carbonate, and 

excluding the following: 

 (A) methane, 

 methylene chloride (dichloromethane), 

 1,1,1-trichloroethane (methyl chloroform), 

 trichlorofluoromethane (CFC-11), 

 dichlorodifluoromethane (CFC-12), 

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

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

 chloropentafluoroethane (CFC-115), 

 chlorodifluoromethane (HCFC-22), 

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

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

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

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

 trifluoromethane (HFC-23), 

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

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

 pentafluoroethane (HFC-125), 

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

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

 ethoxy-nonafluorobutane (HFE 7200), 

 cyclic, branched, or linear completely methylated siloxanes, 

 the following classes of perfluorocarbons: 

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

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

unsaturations; 

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

no unsaturations; and 

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

sulfur bonds to carbon and fluorine, and 

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

the U.S. EPA: 

acetone, 

ethane, 

methyl acetate, 
11

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

perchloroethylene (tetrachloroethylene). 

(156)(157)(152)”VOC Content” means the total weight of VOC in a product expressed 

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

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

(157)(158)(153)”Wasp and Hornet Insecticide” means any insecticide product that is 

designed for use against wasps, hornets, yellow jackets or bees by allowing the 

user to spray from a distance a directed stream or burst at the intended insects, 

or their hiding place. 

(158)(159)(154)”Waterproofer” means a product designed and labeled exclusively to 

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

“Fabric Protectant.” 

(159)(160)(155)”Wax” means a material or synthetic thermoplastic substance generally 

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

acids or alcohols, except glycerol and high polymers (plastics). “Wax” includes, 

but is not limited to, substances derived from the secretions of plants and 

animals such as carnuba wax and beeswax, substances of a mineral origin such 

as ozocerite and paraffin, and synthetic polymers such as polyethylene. 

(160)(161)(156)”Web Spray Adhesive” means any aerosol adhesive which is not a “Mist 

Spray Adhesive” or “Special Purpose Spray Adhesive.” 

(161)(162)(157) “Windshield Water Repellent” means a product designed or labeled 

exclusively to repel water from motor vehicle exterior automotive glass surfaces. 

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

Fluid.”

(162)(163)(158)“Wood Cleaner” means a product labeled to clean wooden materials 

including but not limited to decking, fences, flooring, logs, cabinetry, and 

furniture. “Wood Cleaner” does not include “Dusting Aid,” General Purpose 

Cleaner,” “Furniture Maintenance Product,” “Floor Wax Stripper,” “Floor Polish or 

Wax,” or products designed and labeled exclusively to preserve or color wood. 

(163)(164) “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 Industrial Use Only;” “Not for 

residential use;” or “Not intended for residential use.”
12

Proposed Modifications to section 94509, Standards for Consumer Products. 

Modify title 17, CCR, section 94509(u) to read as follows: 

(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, perhcloroethylene, or trichloroethylene; 

 (C) greater than 1% “Aromatic Compounds” 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 Compounds“ content by weight; and were manufactured before 

December 31, 2010, may be sold, supplied, offered for sale until December 

31, 2013, so long as the product complies with the product dating 

requirements in section 94512(b).

Proposed Modifications to section 94512, Administrative Requirements. 

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

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

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

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

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

Coast Air Quality Management District shall ensure that all products 

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

94509(a), meet the following requirements:

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

by weight as determined from actual formulation data.

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

displayed on the product container such that it is readily observable 

without removing or disassembling any portion of the product container 
13

or packaging. 

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

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

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

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

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

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

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

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

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

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

either any of the following criteria:

 

 (A)1. Products which include an attached “hang tag,” or sticker, or 

contrasting square or rectangular area on the Principle Display 

Panel that displays, at a minimum, the following statements: 

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

Vea las advertencias en la etiqueta, formulado complacientes con 

leyes de California.” in a font size as large as or larger than the 

“signal word” as specified in title 16, Code of Federal Regulations, 

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

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

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

font size of any other words on the panel, the common name of 

the chemical compound (e.g., “Acetone,” “Methyl acetate,” etc.) 

that results in the product meeting the criteria for “Flammable” or 

“Extremely Flammable.”

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

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

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

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

Regulations, section 1500.3(c)(6).

Proposed Modifications to section 94515, Test Methods. 

Modify title 17, CCR, section 94515 to read as follows: 

(c) Aromatic Compound content determination for Multi-purpose Solvent or Paint 

Thinner using ARB Method 310. Testing to determine compliance with the 
14

requirements of section 94509(u)(1)(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 [Date of 

Amendment], 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)(1)(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:

 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)(c) 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)(d) Compliance determinations for charcoal lighter material products. Testing to 

determine compliance with the certification requirements for charcoal lighter material 

shall be performed using the procedures specified in the South Coast Air Quality 

 Aromatic Compound Content = E x 100 

 D 
15

Management District Rule 1174 Ignition Method Compliance Certification Protocol 

(February 28, 1991), which is incorporated by reference herein. 

(g)(e) Testing to determine distillation points of petroleum distillate-based charcoal 

lighter materials shall be performed using ASTM D86-01 Aug. 10, 2001, which is 

incorporated by reference herein. 

(h)(f) Fragrance content determinations for personal fragrance products. Testing to 

determine the percent by weight of fragrance in personal fragrance products shall be 

performed according to the Association of Official Analytical Chemists (AOAC) 

Official Method of Analysis No. 932.11, 1990, “Essential Oil in Flavor Extracts and 

Toilet Preparations, Babcock Method” (AOAC Official Methods of Analysis, 

 15th Edition, 1990), which is incorporated by reference herein. 

(i)(g) No person shall create, alter, falsify, or otherwise modify records in such a way 

that the records do not accurately reflect the constituents used to manufacture a 

product, the chemical composition of the individual product, and any other test, 

processes, or records used in connection with product manufacture. 

(h) VOC and Aromatic compound content determination for Multi-purpose Solvent 

and Paint Thinner products using ARB Method 310. 

 (1) VOC content: 

 Testing to determine compliance with the requirements of this article, shall 

be performed using Air Resources Board Method 310, Determination of 

Volatile Organic Compounds (VOC) in Consumer Products, adopted 

September 25, 1997 and as last amended on [Date of Amendment], 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) Aromatic compound content: 

Testing to determine aromatic compound content shall be conducted using 

ARB Method 310 in conjunction with product formulation data. 

(1)(A) Upon written notification from the Executive Officer, the Multipurpose Solvent or Paint Thinner responsible party or manufacturer shall 

have 10 30 working days to provide to the Executive Officer, in writing, 

formulation data as specified in part (A) (i) for products selected for 

compliance testing: 

 

 (A)(1) The weight fraction to the nearest 0.1 percent of each 

ingredient including: water, VOC, LVP-VOC, total inorganic 

compounds, and any compound specified in section 

94508(a)(152). For hydrocarbon solvents the BIN number as 

listed in section 94701 (a) or (b), and the initial boiling point and 

dry point of the solvent shall be specified. Individual compounds 
16

present in an amount less than 0.1 percent by weight, are not 

required to be reported. 

 (B)(2) By March 1, 2010, and each year thereafter the responsible 

party shall provide to the Executive Officer contact information 

for the person who is to receive the letter.

 (C)(3) For the purpose of this subsection a Material Safety Data 

Sheet does not meet the requirement for formulation data.

(2)(B) A violation is established if: 

 (A)(1) the formulation data supplied by the responsible party or 

manufacturer shows that the product does not meet the 

applicable VOC or aromatic content standard; and/or

 (B)(2) the responsible party or manufacturer fails to respond to the 

notice and provide formulation data within the 10 30 working day 

specified time frame specified in this subsection.