## Attachment AConsumer Products Regulation 19



### REGULATION FOR REDUCING EMISSIONS

FROM CONSUMER PRODUCTS



## California Air Resources Board

Amended: March 15, 2013

(Incorporating Amendments from August 6, 2010 and September 29, 2011)Consumer Products Regulation 20

California Air Resource Board Amended March 15, 2 013

FINAL REGULATION ORDER REGULATION

FOR REDUCING EMISSIONS FROM

CONSUMER PRODUCTS

SUBCHAPTER 8.5 CONSUMER PRODUCTS

Article 2. Consumer Products

§ 94507. Applicability.

Except as provided in Sections 94509(i) and 94510, this article shall apply to any person who sells, supplies, offers for sale, or man ufactures consumer products

for use in the state of California.

NOTE: Authority cited: Sections 39600, 39601 and 41 712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code.

§ 94508. Definitions.

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

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

(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 Re mover” subcategories (A-D),

the term “adhesive” shall mean a substance used to bond one or more materials. Adhesive includes, but is not limited to: caulks; s ealants; glues; or similar substances used for the purpose of forming a bond.

(A) “Floor or Wall Covering Adhesive Remover” means a product designed or labeled to remove floor or wall coverin gs and associated adhesive from the underlying substrate.Consumer Products Regulation 21

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

Adhesive Remover.”

(C) “General Purpose Adhesive Remover” means a prod uct designed or labeled to remove cyanoacrylate adhesives as well a s nonreactive adhesives or residue from a variety of substrates. “General Purpose Adhesive Remover” includes, but is not limited to, products that remove thermoplastic adhesives; pressure sensitive adhesiv es; dextrine or starch-based adhesives; casein glues; rubber or lat ex-based adhesives; as well as products that remove stickers; decals; s tencils; or similar materials. “General Purpose Adhesive Remover” does not include “Floor or Wall Covering Adhesive Remover.”

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

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

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

(5) “Aerosol Product” means a pressurized spray sys tem that dispenses product ingredients by means of a propellant contained in a product or a product's container, or by means of a mechanically induced fo rce. “Aerosol Product” does not include “Pump Spray.”

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

“Home use” means use in a household or its immediat e environment.Consumer Products Regulation 22

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“Structural pest control” means a use requiring a l icense under Chapter 14 (commencing with Section 8500), Division 3, of the Business and

Professions Code.

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

sites.

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

(7) “Air Freshener” means any product including, bu t not limited to, sprays, wicks, wipes, diffusers, powders, and crystals, designed o r labeled for the purpose of masking odors, or freshening, cleaning, scenting, o r deodorizing the air. “Air Freshener” includes dual purpose air freshener/disi nfectant products. “Air Freshener” does not include products that are used on the human body, products that function primarily as cleaning products as ind icated on a product label, “Odor Remover/Eliminator,” or “Toilet/Urinal Care Product .”

(8) “Alkylphenol Ethoxylate” means, for the purpose of this regulation only, a nonionic surface active agent (surfactant) compound composed of an alkyl chain that contains at least eight carbon atoms and a pol yethoxylate chain attached to a benzene ring. “Alkylphenol Ethoxylate” includes, but is not limited to, octylphenol ethoxylate with an alkyl chain consisti ng of eight carbon atoms and nonylphenol ethoxylate with an alkyl chain consisti ng of a nine carbon atoms.

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

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

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

(11) “Antimicrobial Hand or Body Cleaner or Soap” m eans a cleaner or soap which is designed to reduce the level of microorganisms on t he skin through germicidal activity, and is regulated as an over-the-counter d rug by the U.S. Food and Drug Administration. “Antimicrobial Hand or Body Cleane r or Soap” includes, but is not limited to, (A) antimicrobial hand or body wash es/cleaners, (B) foodhandler hand washes, (C) healthcare personnel hand washes, (D) pre-operative skin preparations and (E) surgical scrubs. “Antimicrobi al Hand or Body Cleaner or Soap” does not include prescription drug products, antiperspirants, “Astringent/Toner,” deodorant, “Facial Cleaner or S oap,” “General-use Hand or Body Cleaner or Soap,” “Hand Dishwashing Detergent” (including antimicrobial),Consumer Products Regulation 23

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“Heavy-duty Hand Cleaner or Soap,” “Medicated Astri ngent/Medicated Toner,” and “Rubbing Alcohol.”

(12) “Anti-Static Product” means a product that is labeled to eliminate, prevent, or inhibit the accumulation of static electricity. “A nti-Static Product” does not include “Electronic Cleaner,” “Floor Polish or Wax,” “Floor Coating,” and products that meet the definition of “Aerosol Coating Product” or “Architectural Coating.”

(13) “Architectural Coating” means a coating applie d to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs.

(14) “Aromatic Compound” means a carbon containing compound that contains one or more benzene or equivalent heterocyclic rings an d has an initial boiling point less than or equal to 280 o C. “Aromatic Compound” does not include compounds excluded from the definition of Volatile Organic Co mpound (VOC) in this Section 94508(a).

(15) "Artist’s Solvent/Thinner" means any liquid pr oduct, labeled to meet ASTM D4236 –94 (March 1, 2005) Standard Practice for Lab eling Art Materials for Chronic Health Hazards, which is incorporated by re ference herein, and packaged in a container equal to or less than 34 fl uid ounces, labeled to reduce the viscosity of, and or remove, art coating compos itions or components.

(16) “ASTM” means ASTM International.

(17) “Astringent/Toner” means any product designed or labeled to be applied to the skin for the purpose of cleaning or tightening pore s. This category also includes clarifiers and substrate-impregnated products. Thi s category does not include any hand, face, or body cleaner or soap product, “M edicated Astringent/Medicated Toner,” cold cream, lotion, an tiperspirant, or any Astringent/Toner product regulated as a drug by the United States Food and Drug Administration (FDA).

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

barrier.

(19) “Automotive Wax, Polish, Sealant or Glaze” mea ns a product designed to seal out moisture, increase gloss, or otherwise enhance a motor vehicle’s painted surfaces. “Automotive Wax, Polish, Sealant or Glaze ” includes, but is not limited to, products designed for use in autobody repair sh ops and “drive-through” car washes, as well as products designed for the genera l public. “Automotive Wax, Polish, Sealant or Glaze” does not include “Automot ive Rubbing or Polishing Compound,” automotive wash and wax products, surfac tant-containing car wash products, and products designed for use on unpainte d surfaces such as bare metal, chrome, glass, or plastic. “Automotive Wax, Polish, Sealant or Glaze”Consumer Products Regulation 24

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products are subcategorized into “All Other Forms,” “Hard Paste Wax,” and

“Instant Detailer:”

(A) “All Other Forms” subcategory consists of all a utomotive wax, polish, sealant or glaze products that are not either a “Hard Paste Wax” or “Instant Detailer.”

(B) “Hard Paste Wax” means a product which (A) is designed to protect and improve the appearance of automotive painted surfac es; (B) is a solid at room temperature; and (C) contains zero percent wat er by formulation.

(C) “Instant Detailer” means a product designed for use in a pump spray that is applied to the painted surface of automobiles and w iped off prior to the product being allowed to dry.

(20) “Automotive Windshield Washer Fluid” means any liquid dilutable or premixed product that is designed or labeled for use in a mo tor vehicle windshield washer fluid system either as an anti-freeze or for the pu rpose of cleaning, washing, bug removal, or wetting the windshield(s). “Automotive Windshield Washer Fluid” does not include any fluid which is placed in a new motor vehicle at the time the

vehicle is manufactured.

For the purpose of complying with the requirements for “Automotive Windshield Washer Fluid,” the following definitions (A-D) appl y:

(A) “Dilutable” means any product sold either in a container with a capacity of 10 gallons or more, or a container with a capacity of one quart or less.

(B) “Nontype “A” area” means all other areas of Ca lifornia that are not a “Type A

area.”

(C) “Premixed” means any product sold in a contain er with a capacity that is greater than one quart, but less than 10 gallons.

(D) “Type “A” area” means:

(1) Before July 1, 2013, the following regions of California: Del Norte, Shasta, and Trinity Counties; the Great Basin Valle y, Lake Tahoe, Mountain Counties and Northeast Plateau Air Basins, as defined in title 17, California Code of Regulations, sections 60105, 60108, 60111, and

60113.

(2) On and after July 1, 2013, the counties listed in Table 94508(a)(20)(A), and areas defined by ZIP codes listed in Table 9450 8(a)(20)(B) below:Consumer Products Regulation 25

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Table 94508(a)(20)(A) Counties that are Type “A” Ar eas

Air Basin Counties Great Basin Valleys Alpine, Inyo, Mono

Lake Tahoe El Dorado

Mountain Counties Amador, Calaveras, El Dorado, Mariposa, Nevada, Plumas, Sierra, Tuolumne Northeast Plateau Lassen, Modoc, Siskiyou North Coast Del Norte, Trinity Sacramento Valley Shasta

Table 94508(a)(20)(B) Type “A” Areas Identified by ZIP Code

County* ZIP Code County* ZIP Code County* ZIP Code

Butte 95954 Placer 95703 San Bernardino 92315

Butte/Tehama 95942 Placer 95713 San Bernardino 9231 7

Fresno 00017 Placer 95714 San Bernardino 92321

Fresno 93621 Placer 95715 San Bernardino 92325

Fresno 93628 Placer 95717 San Bernardino 92339

Fresno 93664 Placer 95722 San Bernardino 92352

Fresno/Tulare 93633 Placer 95724 San Bernardino 923 58

Glenn 00047 Placer 96140 San Bernardino 92382

Humboldt 00050 Placer 96141 San Bernardino 92385

Kern 00016 Placer 96142 San Bernardino 92397

Kern 93255 Placer 96143 San Diego 91962

Kern 93285 Placer 96145 Santa Barbara 00032

Kern/Ventura 93225 Placer 96146 Tehama 00037

Kern 93226 Placer 96148 Tehama 00038

Kern/Ventura/

Santa Barbara/ San Luis Obispo 93252 Placer 96161 Tehama 96063

Madera 00020 Placer 96162 Tulare 00026

Madera 93643 Riverside 92549 Tulare 93260

Madera 93644 Riverside 92561 Tulare 93262

Placer 95602

(portion)** San Bernardino 91759 Tulare 93265

Placer 95603

(portion)** San Bernardino 92256 Tulare 93271

Placer 95631

(portion)** San Bernardino 92305

Placer 95701 San Bernardino 92314

* County name is provided as a point of referenc e only. Except as specified for ZIP codes 95602, 95 603, and 95631,

all portions of the identified ZIP codes are Type “ A” areas.

** Only the portion of ZIP codes 95602, 95603, and 95631 that lie to the east of Range 9 east, Mount Diablo Baseline

and Meridian.Consumer Products Regulation 26

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

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

“Toilet/Urinal Care Product.”

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

mechanisms.

(23) “Bug and Tar Remover” means a product labeled to remove either or both of the following from painted motor vehicle surfaces witho ut causing damage to the finish: (A) biological-type residues such as insec t carcasses and tree sap and, (B) road grime, such as road tar, roadway paint mar kings, and asphalt.

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

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

(26) “Carpet/Upholstery Cleaner” means a cleaning p roduct designed or labeled for the purpose of eliminating dirt or stains on rugs, carpeting, or objects upholstered or covered with fabrics such as wool, cotton, nylon or other synthetic fabrics. “Carpet/Upholstery Cleaner” includes, but is not li mited to, products used on household furniture, the interior of motor vehicles , and products that make “Fabric Protectant” claims. “Carpet/Upholstery Cle aner” does not include “Spot Remover,” vinyl or leather cleaners, “Dry Cleaning Fluid,” or products designed exclusively for use at industrial facilities engage d in furniture or carpet manufacturing.

(27) “Charcoal Lighter Material” means any combusti ble material designed to be applied on, incorporated in, added to, or used with charcoal to enhance ignition. “Charcoal Lighter Material” does not include any of the following: (A) electrical starters and probes, (B) metallic cylinders using p aper tinder, (C) natural gas, (D) propane, and (E) fat wood.Consumer Products Regulation 27

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

(29) “Construction, Panel, and Floor Covering Adhes ive” means any nonaerosol, onecomponent adhesive that is designed or labeled for the installation, remodeling, maintenance, or repair of: (A) structural and buil ding components that include, but are not limited to, beams, trusses, studs, pane ling (drywall or drywall laminates, fiberglass reinforced plastic (FRP), ply wood, particle board, insulation board, pre-decorated hardboard or tileboard, etc.), ceiling and acoustical tile, molding, fixtures, countertops or countertop lamina tes, cove or wall bases, and flooring or subflooring; or (B) floor or wall cover ings that include, but are not limited to, wood or simulated wood covering, carpet , carpet pad or cushion, vinylbacked carpet, flexible flooring material, nonresil ient flooring material, mirror tiles and other types of tiles, and artificial grass. “C onstruction, Panel, and Floor Covering Adhesive” does not include “Floor Seam Sea ler.”

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

(31) “Consumer Product” means a chemically formulat ed product used by household and institutional consumers including, but not limi ted to, detergents; cleaning compounds; polishes; floor finishes; cosmetics; per sonal care products; home, lawn, and garden products; disinfectants; sanitizer s; aerosol paints; and automotive specialty products ; but does not include other paint products, furniture coatings, or architectural coatings. As used in this article, the term “consumer product” shall also refer to aerosol adhe sives, including aerosol adhesives used for consumer, industrial, and commer cial uses.

(32) “Contact Adhesive” means a nonaerosol adhesive that: (A) is designed for application to both surfaces to be bonded together, and (B) is allowed to dry before the two surfaces are placed in contact with each other, and (C) forms an immediate bond that is impossible, or difficult, to reposition after both adhesivecoated surfaces are placed in contact with each oth er, and (D) does not need sustained pressure or clamping of surfaces after th e adhesive-coated surfaces have been brought together using sufficient momenta ry pressure to establish full

contact between both surfaces. “Contact Adhesive” d oes not include rubber cements that are primarily intended for use on pape r substrates. “Contact Adhesive” also does not include vulcanizing fluids that are designed and labeled for tire repair only.

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

(34) “Contact Adhesive - Special Purpose” means a c ontact adhesive that: (A) is used to bond melamine-covered board, unprimed metal , unsupported vinyl,Consumer Products Regulation 28

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Teflon, ultra-high molecular weight polyethylene, r ubber, high pressure laminate

or wood veneer 1/16 inch or less in thickness to an y porous or nonporous surface, and is sold in units of product, less pack aging, that contain more than eight fluid ounces, or (B) is used in automotive ap plications that are (1.) automotive under-the-hood applications requiring he at, oil or gasoline resistance, or (2.) body-side molding, automotive weatherstrip or decorative trim.

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

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

“House dust mite product” means a product whose lab el, packaging, or accompanying literature states that the product is suitable for use against house dust mites, but does not indicate that the pr oduct is suitable for use against ants, cockroaches, or other household crawl ing arthropods.

“House dust mite” means mites which feed primarily on skin cells shed in the home by humans and pets and which belong to the phy lum Arthropoda, the subphylum Chelicerata, the class Arachnida, the sub class Acari, the order Astigmata, and the family Pyroglyphidae.

(37) “Deodorant Body Spray” means:

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

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

(38) “Device” means any instrument or contrivance ( other than a firearm) which is designed for trapping, destroying, repelling, or mi tigating any pest or any other form of plant or animal life (other than man and ot her than bacteria, virus, or other microorganism on or in living man or other li ving animals); but notConsumer Products Regulation 29

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including equipment used for the application of pes ticides when sold separately therefrom.

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

both a "sanitizer" and a "disinfectant" are conside red disinfectants. "Disinfectant" does not include any of the following: (A) product s labeled solely for use on humans or animals, (B) products labeled solely for agricultural use, (C) products labeled solely for use in swimming pools, therapeut ic tubs, or hot tubs, (D) products which are labeled to be used on heat sensi tive critical or semi-critical medical devices or medical equipment surfaces, (E) products which are premoistened wipes or towelettes sold exclusively to m edical, convalescent, or veterinary establishments, (F) products which are l abeled to be applied to food-contact surfaces and are not required to be ri nsed prior to contact with food, or (G) products which are labeled as "Bathroom and Tile Cleaner," "Glass Cleaner," "General Purpose Cleaner," "Toilet/Urinal Care Product," "Metal Polish or Cleanser," "Carpet Cleaner," or "Fabric Refreshe r" that may also make disinfecting or antimicrobial claims on the label.

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

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

(42) “Dry Cleaning Fluid” means any nonaqueous solv ent that is (A) used in dry-cleaning machines at commercial dry cleaners or used by commercial businesses that clean fabrics such as draperies at the customer’s residence or work place; and (B) is designed and labeled exclusi vely to clean: (1) fabrics which are labeled “for dry clean only,” such as clo thing or drapery; or (2) “S-coded” fabrics. “Dry Cleaning Fluid” does not i nclude “Spot Remover” or “Carpet/Upholstery Cleaner.” For the purposes of t his definition, S-coded fabric means an upholstery fabric designed to be cleaned o nly with water-free spot cleaning products as specified by the Joint Industr y Fabric Standards

Committee.”

(43) “Dual Purpose Air Freshener/Disinfectant” mean s an aerosol product that is represented on the product container for use as bot h a disinfectant and an air freshener, or is so represented on any sticker, lab el, packaging, or literature attached to the product container.Consumer Products Regulation 30

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(44) “Dusting Aid” means a product designed or lab eled 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 “Pressuriz ed Gas Duster.”

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

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

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

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

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

criteria:

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

2) the product label clearly displays the statemen ts: “Energized Equipment use only. Not to be used for motorized vehicle mainten ance, or their parts.”

“Energized Electrical Cleaner” does not include “El ectronic Cleaner.”

(48) “Engine Degreaser” means a cleaning product de signed or labeled to remove grease, grime, oil and other contaminants from the external surfaces of engines and other mechanical parts.Consumer Products Regulation 31

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

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

(A) October 21, 1991, for all products listed in se ction 94509(a) that have initial effective dates of January 1, 1993, or January 1, 1 994;

(B) January 6, 1993, for all products listed in sec tion 94509(a) that have initial effective dates of January 1, 1995, or January 1, 1 997, and charcoal lighter materials subject to section 94509(h);

(C) August 16, 1998, for all products listed in sec tion 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 foll owing product categories listed in section 94509(a): “Nonaerosol General Pu rpose Degreaser,” “Sealant and Caulking Compound,” and “Tire Sealant and Inflator.”

(E) July 20, 2005, for all products listed in secti on 94509(a) that have an effective date of December 31, 2006, December 31, 2008, or December 31, 2009; and

(F) December 8, 2007, for all products listed in se ction 94509(a) that have an initial effective date of December 31, 2008, or Dec ember 31, 2010 for Brake Cleaner, Carburetor or Fuel-Injection Air Intake Cl eaner, Aerosol Engine Degreaser, Resilient Flooring Material, Nonresilien t Flooring Material, Aerosol General Purpose Degreaser, and Aerosol Temp orary Hair Color.

(G) July 18, 2009, for all products listed in sect ion 94509(a) that have an initial effective date of December 31, 2010, or December 31 , 2012, December 31, 2013, or December 31, 2014.

(H) October 20, 2010, for “Multi-purpose Solvent” a nd “Paint Thinner.”

(I) December 10, 2011, for “Anti-Seize Lubricant;” “Cutting or Tapping Oil;” “Gear, Chain, or Wire Lubricant;” and “Rust Prevent ative or Rust Control

Lubricant.”

(51) “Fabric Protectant” means:

(A) for products manufactured before December 31, 2 008: a product designed or labeled to be applied to fabric substrates to pr otect the surface fromConsumer Products Regulation 32

California Air Resource Board Amended March 15, 2 013

soiling from dirt and other impurities or to reduce absorption of liquid into the

fabric’s fibers. “Fabric Protectant” does not inclu de “Waterproofers,” products designed for use solely on leather, or pro ducts 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 substra tes to protect the surface from soiling from dirt or other impurities or to re duce absorption of liquid into

the fabric’s fibers. “Fabric Protectant” does not i nclude “Waterproofers,” or products labeled for use solely on leather. “Fabri c Protectant” does not include pigmented products that are designed or lab eled to be used primarily for coloring, products used for construction, recon struction, modification, structural maintenance or repair of fabric substrat es, or products that renew or restore fabric and qualifying as either “Clear C oating” or “Vinyl/Fabric/Leather/Polycarbonate Coating” under section 94521(a).

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

(53) “Fabric Softener-Single Use Dryer Product” mea ns a laundry care product designed or labeled for single use in the clothes d ryer to impart softness to, or control static cling of, a load of washable fabrics ; and may impart a fragrance or scent. For the purpose of this definition only, “si ngle use” means a product that is intended for one time use during a single drying cycle and is removed after completion of the drying cycle. A “load” is the am ount of washable fabrics in a single drying cycle. “Fabric Softener-Single Use D ryer Product” includes treated nonwoven sheets which are typically packaged in box es with a multiple number of sheets. “Fabric Softener-Single Use Dryer Produc t” does not include products applied to washable fabrics prior to placing the wa shable fabrics in the clothes dryer.

(54) “Facial Cleaner or Soap” means a cleaner or so ap designed primarily to clean the face. “Facial Cleaner or Soap” includes, but is not limited to, facial cleansing creams, semisolids, liquids, lotions, and substrate -impregnated forms. “Facial Cleaner or Soap” does not include prescription drug products, “Antimicrobial Hand or Body Cleaner or Soap,” “Astringent/Toner,” “General-use Hand or Body Cleaner or Soap,” “Medicated Astringent/Medicated T oner,” or “Rubbing Alcohol.”Consumer Products Regulation 33

California Air Resource Board Amended March 15, 2 013

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

(56) “Flea and Tick Insecticide” means any insectic ide 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 e xclusively on humans or animals and their bedding.

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

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

(59) “Floor Polish or Wax” means a product designed or labeled to polish, wax, condition, protect, temporarily seal, or otherwise enhance floor surfaces by leaving a protective finish that is designed or lab eled to be periodically replenished. “Floor Polish or Wax” does not include “Floor Maintenance Products,” “Floor Wax Stripper,” or coatings subjec t to architectural coatings regulations.

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

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

(B) “Nonresilient Flooring Material” means flooring of a mineral content which is not flexible. “Nonresilient Flooring material” inc ludes but is not limited to terrazzo, marble, slate, granite, brick, stone, cer amic tile, and concrete.

(C) “Wood Floor Wax” means any wax-based products d esigned or labeled for use solely on wood floors. “Wood Floor Wax” does n ot include products that make the claim to “clean and wax” or “clean and pol ish.”Consumer Products Regulation 34

California Air Resource Board Amended March 15, 2 013

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

(61) “Floor Wax Stripper” means a product designed to remove natural or synthetic floor polishes or waxes through breakdown of the po lish or wax polymers, or by dissolving or emulsifying the polish or wax. “Floo r Wax Stripper” does not include aerosol floor wax strippers or products des igned to remove floor wax solely through abrasion.

(62) “Flying Bug Insecticide” means any insecticide product that is designed for use against flying insects or other flying arthropods, including but not limited to flies, mosquitoes, moths, or gnats. “Flying Bug Insectici de” does not include “wasp and hornet insecticide,” products that are designed to be used exclusively on humans or animals, or any moth-proofing product. F or the purposes of this definition only, “moth-proofing product” means a pr oduct whose label, packaging, or accompanying literature indicates that the produ ct is designed to protect fabrics from damage by moths, but does not indicate that the product is suitable for use against flying insects or other flying arth ropods.

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

(64) “Fragrance” means a substance or complex mixtu re of aroma chemicals, natural essential oils, and other functional components wit h a combined vapor pressure not in excess of 2 mm of Hg at 20 o C, the sole purpose of which is to impart an odor or scent, or to counteract a malodor.

(65) “Furniture Maintenance Product” means a wax, p olish, conditioner, or any other product labeled for the purpose of polishing, prote cting or enhancing finished wood surfaces other than floors, and other furnitur e surfaces including but not limited to acrylics, ceramic, plastics, stone surfa ces, metal surfaces, and fiberglass. “Furniture Maintenance Product” does n ot include “Dusting Aid,” “Wood Cleaner,” and products designed solely for th e purpose of cleaning, or products designed to leave a permanent finish such as stains, sanding sealers and lacquers.Consumer Products Regulation 35

California Air Resource Board Amended March 15, 2 013

(66) “Furniture Coating” means any paint designed f or application to room furnishings including, but not limited to, cabinets (kitchen, b ath and vanity), tables, chairs, beds, and sofas.

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

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

(69) “General Purpose Cleaner” means a product labe led to clean a variety of hard surfaces. “General Purpose Cleaner” includes, but i s not limited to, products designed or labeled for general floor cleaning, kit chen, countertop, or sink cleaning, and cleaners designed or labeled to be us ed on a variety of hard surfaces such as stovetops, cooktops, or microwaves

.

(70) “General Purpose Degreaser” means:

(A) for products manufactured before December 31, 2012: any product labeled to remove or dissolve grease, grime, oil and other oil-based contaminants from a variety of substrates, including automotive or miscellaneous metallic parts. “General Purpose Degreaser” does not includ e “Engine Degreaser,” “General Purpose Cleaner,” “Adhesive Remover,” “Ele ctronic Cleaner,” “Electrical Cleaner,” “Energized Electrical Cleaner ,” and “Metal Polish or Cleanser.” “General Purpose Degreaser” also does n ot include products used exclusively in “solvent cleaning tanks or rela ted equipment,” or products that are (A) sold exclusively to establish ments which manufacture or construct goods or commodities; and (B) labeled “not for retail sale.” “Solvent cleaning tanks or related equipment” inclu des, but is not limited to, cold cleaners, vapor degreasers, conveyorized degre asers, film cleaning machines, or products designed to clean miscellaneo us metallic parts by

immersion in a container.

(B) for products manufactured on or after December 31, 2012: any product labeled to remove or dissolve grease, grime, oil an d other oil-based contaminants from a variety of substrates, includin g automotive or miscellaneous metallic parts. “General Purpose Degr easer” does not include “Adhesive Remover,” “Electrical Cleaner,” “Electron ic Cleaner,” “Energized Electrical Cleaner,” “Engine Degreaser,” “General P urpose Cleaner,” “MetalConsumer Products Regulation 36

California Air Resource Board Amended March 15, 2 013

Polish or Cleanser,” or “Oven or Grill Cleaner.” “ General Purpose Degreaser” also does not include products used excl usively in “solvent cleaning tanks or related equipment,” or products t hat are (A) exclusively sold directly or through distributors to establishm ents which manufacture or construct goods or commodities; and (B) labeled exc lusively for "use in the manufacturing process only.” “Solvent cleaning tan ks or related equipment” includes, but is not limited to, cold cleaners, vap or degreasers, conveyorized degreasers, film cleaning machines, or products des igned to clean miscellaneous metallic parts by immersion in a cont ainer.

(71) “General-use Hand or Body Cleaner or Soap” mea ns 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 Clean er or Soap,” “Hand Dishwashing Detergent” (including antimicrobial), “ Heavy-duty Hand Cleaner or Soap,” “Medicated Astringent/Medicated Toner,” or “ Rubbing Alcohol.”

(72) “Glass Cleaner” means a cleaning product desig ned or labeled primarily for cleaning surfaces made of glass. “Glass Cleaner” do es not include products designed or labeled solely for the purpose of clean ing optical materials used in eyeglasses, photographic equipment, scientific equi pment and photocopying

machines.

(73) “Global Warming Potential (GWP)” means the rad iative forcing impact of one mass-based unit of a given greenhouse gas relative to an equivalent unit of carbon dioxide over a given period of time.

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

If Table 2.14 does not contain a SAR 100-year GWP V alue for a specific chemical or compound, then the 100-year GWP Value i n Table 2.14 for that chemical or compound shall be used. If there is no 100-year GWP Value for a chemical or compound listed in Table 2.14 or GWP Va lue listed in Table 2.15, then the GWP Value is assumed to be equal to the GW P limit of the applicable product category.Consumer Products Regulation 37

California Air Resource Board Amended March 15, 2 013

(75) “Graffiti Remover” means a product labeled to remove spray paint, ink, marker, crayon, lipstick, nail polish, or shoe polish, from a variety of noncloth or nonfabric

substrates. “Graffiti Remover” does not include “P aint Remover or Stripper,” “Nail Polish Remover,” or “Spot Remover.” Products labeled for dual use as both a paint stripper and graffiti remover are considere d “Graffiti Removers.”

(76) “Gum or Candle Wax Remover” means a product de signed or labeled exclusively to remove chewing gum and/or candle wax from soft s urfaces such as carpet, rugs, upholstery, or fabric.

(77) “Hair Mousse” means a hairstyling foam designe d to facilitate styling of a coiffure and provide limited holding power.

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

(79) “Hair Styling Gel” means a consumer product ma nufactured before December 31, 2006, that is a high viscosity, often gelatinou s, product that contains a resin and is designed for the application to hair t o aid in styling and sculpting

of the hair coiffure.

(80) “Hair Spray” means:

(A) for products manufactured before December 31, 2 006: a consumer product designed primarily for the purpose of dispensing dr oplets of a resin on and into a hair coiffure which will impart sufficient r igidity 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 desi gned or labeled to provide sufficient rigidity, to hold, retain and/or (finish ) the style of the hair for a period of time. “Hair Spray” includes aerosol hair sprays, pump hair sprays, spray waxes; color, glitter, or sparkle 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 “f inishing” means the maintaining and/or holding of previously styled hair for a peri od of time.

For the purposes of this subchapter, “styling” mean s the forming, sculpting, or manipulating the hair to temporarily alter the hair 's shape.Consumer Products Regulation 38

California Air Resource Board Amended March 15, 2 013

(81) “Hair Styling Product” means a consumer produc t 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, s tyling and/or sculpting of the hair. “Hair Styling Product” includes, but is not limited to hair balm, clay, cream, creme, curl straightener, gel, liquid, lotion, past e, pomade, putty, root lifter, serum, spray gel, stick, temporary hair straightene r, wax, spray products that aid in styling but do not provide finishing of a hairst yle, and leave-in volumizers, detanglers and/or conditioners that make styling cl aims. “Hair Styling Product” does not include “Hair Mousse,” “Hair Shine,” “Hair Spray,” or shampoos and/or conditioners that are rinsed from the hair prior to styling.

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

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

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

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

(84) “High-Temperature Coating” means a high perfor mance coating labeled and formulated for application to substrates exposed co ntinuously or intermittently to temperatures above 204 o C (400 o F).

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

(86) “Industrial Maintenance Coating” means a high performance architectural coating, including primers, sealers, undercoaters, intermedi ate coats, and topcoats formulated for application to substrates, including floors, exposed to one or more of the following extreme environmental conditions l isted 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 sol utions (aqueous and nonaqueous solutions), or chronic exposure of inter ior surfaces to moisture condensation; orConsumer Products Regulation 39

California Air Resource Board Amended March 15, 2 013

(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 o C (250 o F); or

(D) Frequent heavy abrasion, including mechanical w ear and frequent scrubbing with industrial solvents, cleansers, or s couring agents; or

(E) Exterior exposure of metal structures and struc tural components.

(87) “Insect Repellent” means a pesticide product t hat 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.

(88) “Insecticide” means a pesticide product that i s designed for use against insects or other arthropods, but excluding products that ar e: (A) for agricultural use, or (B) for a use which requires a structural pest cont rol license under Chapter 14 (commencing with Section 8500) of the Business and Professions Code, or (C) restricted materials that require a permit for use and possession.

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

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

commodities at the site of the establishment.

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

(92) “Laundry Prewash” means a product that is desi gned for application to a fabric prior to laundering in a wet-cleaning process, and that supplements and contributes to the effectiveness of laundry deterge nts and/or provides specialized performance.Consumer Products Regulation 40

California Air Resource Board Amended March 15, 2 013

(93) “Laundry Starch/Sizing/Fabric Finish Product” means a product that is labeled for application to a fabric, either during or after lau ndering, to impart and prolong a crisp, fresh look and may also act to help ease iro ning of the fabric. “Laundry Starch/Sizing/Fabric Finish Product” includes, but is not limited to, starch, sizing,

and fabric finish.

(94) “Lawn or Garden Insecticide” means an insectic ide product labeled primarily to be used in household lawn or garden areas to protec t plants from insects or other arthropods. Notwithstanding the requirements of se ction 94512(a) aerosol “Lawn or Garden Insecticide” may claim to kill insects or other arthropods.

(95) “Liquid” means a substance or mixture of subst ances 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 Mate rial 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.

(96) “Lubricant” means:

(A) for products manufactured before December 31, 2 012: a product that reduces friction, heat, noise, or wear between movi ng parts, or loosens rusted or immovable parts or mechanisms. “Lubrican t” does not include automotive power steering fluids; products designed and labeled exclusively to release manufactured products from molds; produc ts for use inside power generating motors, engines, and turbines, and theirassociated powertransfer gearboxes; two cycle oils or other product s designed to be added to fuels; products for use on the human body or animal s; or products that are (1) sold exclusively to establishments which manufa cture or construct goods or commodities, and (2) labeled “not for retail sal e.”

(B) for products manufactured on or after December 31, 2012: a product that reduces friction, heat, noise, or wear between movi ng parts, or loosens rusted or immovable parts or mechanisms. “Lubrican t” does not include automotive power steering fluids; products designed and labeled exclusively to release manufactured products from molds; produc ts for use inside power generating motors, engines, and turbines, and theirassociated powertransfer gearboxes; two cycle oils or other product s designed to be added to fuels; products for use on the human body or animal s; or products that are (1) exclusively sold directly or through distributo rs to establishments which manufacture or construct goods or commodities, and (2) labeled exclusively for “use in the manufacturing process only.” “Lubr icant” includes products labeled for use in food-servicing environments that include, but are not limited to, restaurants and food stores.Consumer Products Regulation 41

California Air Resource Board Amended March 15, 2 013

(C) “Lubricant” includes the following subcategorie s (1-9):

(1) “Anti-seize Lubricant” means any lubricant desi gned or labeled exclusively for use in high temperature or high pre ssure conditions to prevent moving metal parts from seizing or galling, and/or to facilitate disassembly of metal parts. A lubricant that meets the definition for “Dry

Lubricant” or “Firearm Lubricant” is not an “Anti-s eize Lubricant.”

(2) “Cutting or Tapping Oil” means any lubricant de signed or labeled exclusively for drilling, cutting, or tapping metal s.

(3) “Dry Lubricant” means any lubricant which provi des lubricity solely by depositing a thin film of solid material including, but not limited to, graphite, molybdenum disulfide (“moly”), polytetraf luoroethylene or closely related fluoropolymer (“teflon”), or boron nitride on surfaces.

(4) “Firearm Lubricant” means any lubricant designe d or labeled exclusively for use on firearms or their parts to lubricate and /or to provide corrosion or rust prevention.

(5) “Gear, Chain, or Wire Lubricant” means any lubr icant designed or labeled exclusively for use on gears, chains, or wi re ropes.

(6) “Multi-purpose Lubricant” means any lubricant d esigned or labeled for general purpose lubrication, or a lubricant labeled for use in a wide variety of applications. Products that meet the def inition for “Anti-seize Lubricant,” “Cutting or Tapping Oil,” “Dry Lubrican t,” “Firearm Lubricant,” “Gear, Chain, or Wire Lubricant,” “Penetrant,” “Rus t Preventative or Rust Control Lubricant,” or “Silicone-based Multi-purpos e Lubricant” are not “Multi-purpose Lubricants.”

(7) “Penetrant” means a lubricant designed or label ed primarily to loosen metal parts that have bonded together due to rustin g, oxidation, or other causes. Lubricants that claim to have penetrating q ualities, but are not labeled primarily to loosen bonded parts are not “P enetrant” products.

(8) “Rust Preventative or Rust Control Lubricant” m eans any lubricant designed or labeled primarily for the prevention or control of rust. A

Lubricant that meets the definition for “Firearm Lu bricant” is not a “Rust

Preventative or Rust Control Lubricant.”

(9) “Silicone-based Multi-purpose Lubricant” means any lubricant which is designed or labeled for general lubrication or for use in a wide variety of applications, in which lubricity is primarily provi ded through the use of silicone compounds including, but not limited to, p olydimethylsiloxane.Consumer Products Regulation 42

California Air Resource Board Amended March 15, 2 013

(97) “LVP-VOC” means a chemical “compound” or “mixt ure” that contains at least one carbon atom and meets one of the following:

(A) has a vapor pressure less than 0.1 mm Hg at 20 o C, as determined by ARB Method 310; or

(B) is a chemical “compound” with more than 12 carb on atoms, or a chemical “mixture” comprised solely of “compounds” with more than 12 carbon atoms, as verified by formulation data, and the vapor pres sure and boiling point are unknown; or

(C) is a chemical “compound” with a boiling point g reater than 216 o C, as determined by ARB Method 310; or

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

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

molecule of definite chemical formula and isomeric structure, and chemical “mixture” means a substance comprised of two or mor e chemical “compounds.”

(98) “Manufacturer” means any person who imports, m anufactures, assembles, produces, packages, repackages, or relabels a consu mer product.

(99) “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. “Medicate d Astringent/Medicated Toner” includes, but is not limited to, clarifiers and sub strate-impregnated products. “Medicated Astringent/Medicated Toner” does not inc lude hand, face, or body cleaner or soap products, “Personal Fragrance Produ ct,” “Astringent/Toner,” cold cream, lotion, antiperspirants, or products that mu st be purchased with a doctor’s prescription.

(100) “Metal Polish or Cleanser” means any product designed or labeled to improve the appearance and/or protect finished metal, metallic, or metallized surfaces by physical or chemical action. To “improve the appea rance” means to remove, or reduce stains, impurities, or oxidation from surfac es or to make surfaces smooth and shiny. “Metal Polish or Cleanser” includes, bu t is not limited to metal polishes used on brass, silver, chrome, copper, sta inless steel and other

ornamental metals. “Metal Polish or Cleanser” does not include “Automotive Wax, Polish, Sealant or Glaze,” “General Purpose Cl eaner,” “Tire or Wheel Cleaner,” “Paint Remover or Stripper,” products des igned and labeled exclusively for automotive and marine detailing, or products de signed for use in degreasing

tanks.Consumer Products Regulation 43

California Air Resource Board Amended March 15, 2 013

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

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

(103) “Multi-purpose Solvent” means:

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

Solvent” does not include solvents used in cold cle aners, vapor degreasers, conveyorized degreasers or film cleaning machines, or solvents that are incorporated into, or used exclusively in the manuf acture or construction of, the goods or commodities at the site of the establi shment.

(B) for products manufactured on or after January 1 , 2008: any liquid product designed or labeled to be used for dispersing, diss olving, or removing contaminants or other organic materials. “Multi-pu rpose 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 labora tory reagents used in analytical, educational, research, scientific or ot her laboratories; 4. “Paint clean-up” products; and 5. products labeled to prep are surfaces for painting. For the purposes of this definition only, “Paint cl ean-up” means any liquid product labeled for cleaning oil-based or water-bas ed paint, lacquer, varnish, or related coatings from, but not limited to, paint ing equipment or tools, plastics, or metals. “Multi-purpose Solvent” does not include 1. solvents used in cold cleaners, vapor degreasers, conveyoriz ed degreasers or film cleaning machines; 2. solvents labeled exclusively for the clean-up of application equipment used for polyaspartic and pol yurea coatings; 3. solvents that are incorporated into, or used exc lusively in the manufacture or construction of, the goods or commodities at the site of the establishment;Consumer Products Regulation 44

California Air Resource Board Amended March 15, 2 013

4. Products that are labeled exclusively to clean a specific contaminant, on a single substrate, in specific situations; or 5. any product making any representation that the product may be used as, or is suitable for use as a consumer product which meets another definition in section 94508(a); such products are not “Multi-purpose Solvents” and are s ubject to the “Most Restrictive Limit” provisions of section 94512(a).

(104) “Nail Polish” means any clear or colored coa ting designed for application to the fingernails or toenails and including but not limit ed to, lacquers, enamels, acrylics, base coats and top coats.

(105) “Nail Polish Remover” means a product design ed to remove nail polish and coatings from fingernails or toenails.

(106) “Noncarbon Containing Compound” means any co mpound which does not contain any carbon atoms.

(107) “Nonselective Terrestrial Herbicide” means a terrestrial herbicide product that is toxic to plants without regard to species.

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

malodor molecules. “Odor Remover/Eliminator” does not include products designed or labeled for use in cleaning soils from hard surfaces, laundering, softening, de-wrinkling or cleaning fabrics, or dis hwashing, or products that are defined as “Air Freshener,” “Bathroom and Tile Clea ner,” “Carpet/Upholstery Cleaner,” “Fabric Refresher,” “General Purpose Clea ner,” “Toilet/Urinal Care Product,” “Disinfectant,” or “Sanitizer.”

(109) “Oven or Grill Cleaner” means a product labe led exclusively to remove baked on greases and/or deposits from food preparation and/o r food cooking surfaces. A product that is labeled as an “Oven or Grill Cleane r” that makes claims that it is suitable for degreasing other hard surfaces is a “G eneral Purpose Degreaser.” A product that is labeled as an “Oven or Grill Cleane r” that makes claims that it is suitable for cleaning other hard surfaces is a “Gen eral Purpose Cleaner.”

(110) “Paint” means any pigmented liquid, liquefia ble, or mastic composition designed for application to a substrate in a thin layer whic h is converted to an opaque solid film after application and is used for protection, decoration or identification, or to serve some functional purpose such as the filling o r concealing of surface irregularities or the modification of light and hea t radiation characteristics.

(111) “Paint Remover or Stripper” means any produc t designed to strip or remove paints or other related coatings, by chemical actio n, from a substrate without markedly affecting the substrate. “Paint Remover o r Stripper” does not includeConsumer Products Regulation 45

California Air Resource Board Amended March 15, 2 013

“Multi-purpose Solvent,” paint brush cleaners, prod ucts designed and labeled exclusively as “Graffiti Remover,” and hand cleaner products that claim to remove paints and other related coatings from skin.

(112) “Paint Thinner” means any liquid product use d for reducing the viscosity of coating compositions or components, that prominentl y displays the term “Paint Thinner,” “Lacquer Thinner,” “Thinner,” or “Reducer ” on the front panel of its packaging. “Paint Thinner” does not include any of the following products:

(A) “Artist’s Solvent/Thinner;”

(B) products that are sold in containers with a cap acity of 5 gallons or more and labeled exclusively for the thinning of Industrial Maintenance Coatings, Zinc-Rich Primers, or High Temperature Coatings;

(C) products labeled and used exclusively as an ing redient in a specific coating or coating brand line, whereby the coating would no t be complete or useable without the specific ingredient;

(D) products that meet both of the following criter ia:

1. the Principle Display Panel of the product disp lays, in a font size as large as, or larger than, the font size of all other word s on the panel, language that the product is used exclusively for the thinni ng of Industrial Maintenance Coatings, Zinc-Rich Primers, or High Te mperature Coatings,

and

2. no representation is made anywhere on the produ ct container or packaging, or any label or sticker attached thereto , that the product is suitable for use or may be used for any other purpo se except the thinning of Industrial Maintenance Coatings, Zinc-Rich Prime rs, or High Temperature Coatings.

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

Section 39047.

(114) “Personal Fragrance Product” means any produ ct 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, af tershave, toilet water, lotion, powder, body mist, and body spray. “Personal Fragr ance 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 de odorizers; (D) lotions, moisturizers, powders or other skin care products d esigned or labeled to be used primarily to alleviate skin conditions such as dryn ess and irritations; (E) products designed exclusively to be applied to human genital ia areas, undergarments, andConsumer Products Regulation 46

California Air Resource Board Amended March 15, 2 013

any paper products, napkins or other products that are affixed to undergarments, such as sanitary pads; (F) soaps, shampoos, and pro ducts primarily used to clean the human body; and (G) fragrance products de signed to be used exclusively on nonhuman animals.

(115) “Pesticide” means and includes any substance or mixture of substances labeled, designed, or intended for use in preventing, destro ying, repelling or mitigating any pest, or any substance or mixture of substances labeled, designed, or intended for use as a defoliant, desiccant, or plan t regulator, provided that the term “pesticide” will not include any substance, mi xture of substances, or device which the United States Environmental Protection Ag ency does not consider to be a pesticide.

(116) “Pressurized Gas Duster” means a pressurized product labeled to remove dust from a surface solely by means of mass air or gas f low, including surfaces such as photographs, photographic film negatives, comput er keyboards, and other types of surfaces that cannot be cleaned with solve nts. “Pressurized Gas Duster” does not include “Dusting Aid,” “General Pu rpose Cleaner,” “Electrical Cleaner,” “Electronic Cleaner,” “Energized Electric al Cleaner,” or “Anti-Static

Product.” “Pressurized Gas Duster” does not include products labeled exclusively to remove dust from equipment where dus t removal is accomplished when: electric current exists; residual electrical potential from a component such as a capacitor exists; or an open flame exists, as long as the “Principal Display Panel” clearly displays the statement: “Energized Equipment use only.”

(117) “Principal Display Panel or Panels” means th at part, or those parts of a label that are so designed as to most likely be displayed, pre sented, shown or examined under normal and customary conditions of display or purchase. Whenever a principal display panel appears more than once, all requirements pertaining to the “principal display panel” shall pertain to all such “principal display panels.”

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

(119) “Product Category” means the applicable cate gory which best describes the product as listed in this Section 94508.

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

as follows:

A = Aerosol Product

S = Solid P = Pump Spray L = LiquidConsumer Products Regulation 47

California Air Resource Board Amended March 15, 2 013

SS = Semisolid

O = Other

(121) “Propellant” means a liquefied or compressed gas that is used in whole or in part, such as a cosolvent, to expel a liquid or any other material from the same self-pressurized container or from a separate conta iner.

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

(123) “Responsible Party” means the company, firm or establishment which is listed on the product's label. If the label lists two compan ies, firms or establishments, the responsible party is the party which the product wa s “manufactured for” or “distributed by,” as noted on the label.

(124) “Restricted Materials” means pesticides esta blished as restricted materials under Title 3, California Code of Regulations, section 64 00.

(125) “Retailer” means any person who sells, suppl ies, or offers consumer products for sale directly to consumers.

(126) “Retail Outlet” means any establishment at w hich consumer products are sold, supplied, or offered for sale directly to consumers

.

(127) “Rubber/Vinyl Protectant” means:

(A) for products manufactured before December 31, 2 008: any product designed to protect, preserve or renew vinyl, rubbe r, and plastic on vehicles, tires, luggage, furniture, and household products s uch as vinyl covers, clothing, and accessories. “Rubber/Vinyl Protectan t” 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 rub ber on vehicles, tires, luggage, furniture, and/or household products such as vinyl covers, clothing, or accessories. “Rubber/Vinyl Protectant” does not include: products labeled to clean the wheel rim, such as aluminum or magnesi um 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, reconstru ction, modification, structural maintenance or repair of rubber or vinyl substrates; or products,

other than those labeled to be used on vehicle tire s, qualifying as eitherConsumer Products Regulation 48

California Air Resource Board Amended March 15, 2 013

“Clear Coating” or “Vinyl/Fabric/Leather/Polycarbon ate Coating” under section 94521(a).

(128) “Rubbing Alcohol” means any product containi ng isopropyl alcohol (also called isopropanol) or denatured ethanol and labeled for t opical use, usually to decrease germs in minor cuts and scrapes, to reliev e minor muscle aches, as a rubefacient, and for massage.

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

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

sensitive critical or semi-critical medical devices or medical equipment surfaces, (F) products which are pre-moistened wipes or towel ettes sold exclusively to medical, convalescent or veterinary establishments (G) products which are labeled to be applied to food-contact surfaces and are not required to be rinsed prior to contact with food, or (H) products which a re labeled as “Bathroom and Tile Cleaner,” “Glass Cleaner,” “General Purpose Cl eaner,” “Toilet/Urinal Care Product,” “Metal Polish or Cleanser,” “Carpet Clean er,” or “Fabric Refresher” that may also make sanitizing or antimicrobial claims on the label.

(130) “Sealant or Caulking Compound” means any pro duct with adhesive properties that is designed to fill, seal, waterproof, or weat herproof gaps or joints between two surfaces. “Sealant or Caulking Compound” does not include pipe thread sealants or pipe joint compounds; roof cements and roof sealants; insulating foams; removable caulking compounds; clear/paintabl e/water resistant caulking compounds; floor seam sealers; products designed ex clusively for automotive uses; or sealers that are applied as continuous coa tings. “Sealant or Caulking Compound” also does not include units of product, l ess packaging, which weigh more than one pound and consist of more than 16 flu id ounces. For the purposes of this definition only:

“Removable caulking compounds” means a compound whi ch temporarily seals

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

“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 pain table; and is immediately resistant to precipitation upon application.Consumer Products Regulation 49

California Air Resource Board Amended March 15, 2 013

“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 composi tion and physical form through a chemical curing process, where product in gredients participate in a chemical reaction in the presence of a catalyst tha t causes a change in

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

state.

(B) “Nonchemically Curing Sealant or Caulking Compo und” means any “Sealant or Caulking Compound” not defined under “Chemically Curing Sealant or Caulking Compound.”

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

(132) “Shaving Cream” means an aerosol product whi ch 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. “Sh aving Cream” does not include “Shaving Gel.”

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

(134) “Single Phase Aerosol Air Freshener” means a n aerosol air freshener with the liquid contents in a single homogeneous phase a nd which does not require that the product container be shaken before use

.

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

detectable flow as determined under ASTM D-4359-90 (May 25, 1990) Standard Test Method for Determining Whether a Material Is a Liquid or a Solid, which is incorporated by reference herein.Consumer Products Regulation 50

California Air Resource Board Amended March 15, 2 013

(136) “Special Purpose Spray Adhesive” means an ae rosol adhesive that meets any of the following definitions:

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

artwork.

(B) “Flexible Vinyl Adhesive” means an aerosol adhe sive designed to bond flexible vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl chloride plastic with at least five percent, by weight, of p lasticizer content. A plasticizer is a material, such as a high boiling p oint organic solvent, that is incorporated into a vinyl to increase its flexibili ty, workability, or distensibility, and may be determined using ASTM Method E260-91 (Ja n. 25, 1991) Standard Practice for Packed Column Gas Chromatogra phy, which is incorporated by reference herein, or from product f ormulation data.

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

substrates.

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

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

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

1. the touch-up or repair of items laminated with high pressure laminates (e.g. lifted edges, delaminations, etc.), or for

2. the touch-up, repair, or attachment of edgebandi ng materials, including, but not limited to, other laminates, synthetic marb le, 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 degree s F, and at pressures between 1,000 and 1,400 psi.

(G) “Automotive Engine Compartment Adhesive” means an aerosol adhesive designed for use in motor vehicle under-the-hood ap plications which require oil and plasticizer resistance, as well as high she ar strength, at temperatures of 200-275 degrees Fahrenheit.Consumer Products Regulation 51

California Air Resource Board Amended March 15, 2 013

(137) “Spot Remover” means any product labeled to clean localized areas, or remove localized spots or stains on cloth or fabric such a s drapes, carpets, upholstery, or clothing, that may or may not require subsequent la undering to achieve stain removal. “Spot Remover” includes spotting agents u sed by commercial dry cleaning and “laundering” operations. “Spot Re mover” does not include “Laundry Prewash” or aerosol products labeled solel y for gum removal.

(138) “Spray Buff Product” means a product designe d to restore a worn floor finish in conjunction with a floor buffing machine and specia l pad.

(139) “Table B Compound” means any carbon-containi ng compound listed as an exception to the definition of VOC in Section 94508

.

(140) “Temporary Hair Color” means any product tha t applies color, glitter, or UV-active pigments to hair, wigs, or fur and is rem ovable when washed. “Temporary Hair Color” includes hair color mousses and products labeled to add texture or thickness to cover thinning/baldi ng areas. “Temporary Hair Color” does not include “Hair Spray,” “Hair St yling Product,” or “Hair

Mousse.”

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

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

(143) “Tire Sealant and Inflator” means any pressu rized product that is designed to temporarily inflate and seal a leaking tire.

(144) “Toilet/Urinal Care Product” means any produ ct 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, portabl e toilets or urinals placed at temporary or remote locations, and toilet or urinal s in vehicles such as buses, recreational motor homes, boats, ships, and aircraf t. “Toilet/Urinal Care Product”

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

(145) “Type A Propellent” means a compressed gas s uch as CO 2 , N 2 , N 2 O, or compressed air which is used as a propellent, and i s either incorporated with the product or contained in a separate chamber within t he product's packaging.

(146) “Type B Propellent” means any halocarbon whi ch is used as a propellent including chlorofluorocarbons (CFCs), hydrochlorofl uorocarbons (HCFCs), and hydrofluorocarbons (HFCs).Consumer Products Regulation 52

California Air Resource Board Amended March 15, 2 013

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

(148) “Undercoating” means any aerosol product des igned to impart a protective, nonpaint layer to the undercarriage, trunk interior , and/or firewall of motor vehicles to prevent the formation of rust or to dea den sound. “Undercoating” includes, but is not limited to, rubberized, mastic , or asphaltic products.

(149) “Usage Directions” means the text or graphic s on the product's principal display panel, label, or accompanying literature which desc ribes to the end user how and in what quantity the product is to be used.

(150) “Volatile Organic Compound (VOC)” means any compound containing at least one atom of carbon, excluding carbon monoxide, carb on dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbo nate, 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 s iloxanes, the following classes of perfluorocarbons:

1. cyclic, branched, or linear, completely fluorina ted alkanes; 2. cyclic, branched, or linear, completely fluorina ted ethers with no unsaturations; 3. cyclic, branched, or linear, completely fluorina ted tertiary amines withConsumer Products Regulation 53

California Air Resource Board Amended March 15, 2 013

no unsaturations; and 4. sulfur-containing perfluorocarbons with no unsat urations and with the sulfur bonds to carbon and fluorine, and

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

the U.S. EPA:

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

(151) “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).

(152) “Wasp or Hornet Insecticide” means any insec ticide 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 i ntended insects, or their hiding place.

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

Protectant.”

(154) “Wax” means a material or synthetic thermopl astic substance generally of high molecular weight hydrocarbons or high molecular wei ght esters of fatty acids or alcohols, except glycerol and high polymers (plasti cs). “Wax” includes, but is not limited to, substances derived from the secretions of plants and animals such as carnauba wax and beeswax, substances of a mineral o rigin such as ozocerite and paraffin, and synthetic polymers such as polyet hylene.

(155) “Web Spray Adhesive” means any aerosol adhes ive which is not a “Mist Spray Adhesive” or “Special Purpose Spray Adhesive.”

(156) “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 Winds hield Washer Fluid.”

(157) “Wood Cleaner” means a product labeled to cl ean wooden materials including but not limited to decking, fences, flooring, logs, cabinetry, and furniture. “Wood Cleaner” does not include “Dusting Aid,” General Pu rpose Cleaner,” “Furniture Maintenance Product,” “Floor Wax Stripper,” “Floor Polish or Wax,” or products designed and labeled exclusively to preserve or col or wood.Consumer Products Regulation 54

California Air Resource Board Amended March 15, 2 013

(158) “Zinc-Rich Primer” means a coating that meet s 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 app lication to metal substrates to provide a firm bond between the substrate and subse quent applications of coatings; and (C) coating is intended for professio nal use only and labeled “For Professional Use Only;” “For Industrial 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 Co de.

§ 94509. Standards for Consumer Products.

(a) Except as provided in Sections 94510 (Exemption s), 94511 (Innovative Products), 94514 (Variances), 94540 through 94555 ( Alternative Control Plan), and 94567(a)(1) (Hairspray Credit Program), Title 1 7, California Code of Regulations, no person shall sell, supply, offer fo r sale, or manufacture for sale in California any consumer product which, at the time of sale or manufacture, contains volatile organic compounds in excess of th e limits specified in the following Table of Standards after the specified ef fective dates.

Table of Standards Percent Volatile Organic Compound by Weight

Product Category Effective

D a t e 1 VOC

Standard 2

Adhes i v e*:

======================================== [*See section 94510(i) for an exemption that applie s to adhesives.]

--------------------------------------------------- -------------------- 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 subsections 94509(i) and 94509(m)(1), and ===========

=========== 1/1/95

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

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

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

1/1/2002

1/1/2002

1/1/2002

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

========== 75

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

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

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

70

65

60

==========Consumer Products Regulation 55

California Air Resource Board Amended March 15, 2 013

sect i on s 94 5 12 ( d )

, a n d 94 5 13 ( d ) f o r a d d i t i on a l requirements that apply to aerosol adhesive.]

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

======================================== [ # See section 94509(k) for the effective date of the VOC limit for certain types of Construction, Panel, and Floor Covering Adhesive, and subsection 94509(m)(1) for additional requirements that apply to Construction, Panel, and Floor Covering Adhesive.]

======================================== Contact ##
Contact Adhesive – General Purpose Contact Adhesive – Special Purpose

======================================== [ ## See subsections 94509(m)(1) and section 94512(d) for additional requirements that apply to Contact Adhesive.]

======================================== General Purpose =========== 1/1/95

12/31/2002

12/31/2008

==========

========== 1/1/95

12/31/2006

12/31/2006

===========

=========== 1/1/95 ==========

40

15

7

==========

========== 80

55

80

==========

========= 10

Adhes i v e Re m o v e r *: Floor or Wall Covering Adhesive Remover

--------------------------------------------------- -------------------- Gasket or Thread Locking Adhesive Remover

--------------------------------------------------- -------------------- General Purpose Adhesive Remover

--------------------------------------------------- -------------------- Specialty Adhesive Remover

======================================== [*See subsections 94509(m)(1) and section 94512(d) for additional requirements that apply to Adhesive Remover.] 12/31/2006

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

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

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

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

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

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

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

==========

Aerosol Cooking Spray 1/1/95 18

A i r F r eshene r *:

Double Phase Aerosol**

--------------------------------------------------- -------------------- Single Phase Aerosol

--------------------------------------------------- -------------------- Dual Purpose Air Freshener/Disinfectant

aerosol

--------------------------------------------------- -------------------- l i q u i d / p u m p s p r a y 1/1/93

12/31/2004

12/31/2012

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

1/1/96

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

1/1/94

-------------------- 1 / 1 / 93 30

25

20

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

30

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

60

------------------ 18Consumer Products Regulation 56

California Air Resource Board Amended March 15, 2 013

--- - --- - -- - -- - - -- - -- - -- - --- - - - --- - --- - -- - -- - - -- - -- - -- - --- - - - --- - --- - --- solid/semisolid #

======================================== [*See sections 94510(f) for an exemption that appli e s to Air Freshener.] [**See section 94509(n) for additional requirements that apply to Double Phase Aerosol Air Freshener.]
[ # See subsections 94509(m)(2) and 94510(g)(2) for additional provisions that apply to Air Freshener (solid).] --- - --- - -- - -- - - -- - -- 1/1/93

=========== --- - --- - -- - -- - - --- 3

==========

Ant i

- s tat i c P r odu c t:

aerosol

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

-------------------- 12/31/2006 80

------------------ 11 Astringent/Toner 12/31/2010 35

Aut o m o t i v e R ubb i n g o r Po li s h i n g C o m p o und

all forms 1/1/2005 17

Aut o m o ti v e W a x

/ P olish/S e alan t

/Gla z e: all other forms

--------------------------------------------------- ------------------- hard paste wax

--------------------------------------------------- -------------------- instant detailer 1/1/2005

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

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

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

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

Aut o m o t i v e W i ndsh i el d W a s he r F l u i d*: Type “A” areas

--------------------------------------------------- -------------------- Nontype “A” areas

======================================== *See section 94508(a)(20), section 94509(b)(3), and section 94509(l) for provisions that apply to

Automotive Windshield Washer Fluid. 1/1/93

12/31/2008

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

12/31/2002

=========== 35

25

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

1

==========

Bathroo m an d Til e Cleaner*:

aerosol

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

--------------------------------------------------- -------------------- nonaerosol

======================================== [*See subsection 94509(m)(1) for additional requirements that apply to Bathroom and Tile Cleaner.] 

### 1/1/94

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 1/1/94

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 12/31/2008

=========== 7

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 5

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 1

=========Consumer Products Regulation 57

California Air Resource Board Amended March 15, 2 013

B r ake Cl e ane r *

======================================== [*See subsection 94509(m)(1) for additional requirements that apply to Brake Cleaner] 1/1 / 97

12/31/2002

12/31/2008

12/31/2010

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

45

20

10

=========

Bug and Tar Remover 1/1/2002 40

C a r bu r eto r o r Fue l

- i nj e c t i o n A i r I n t a k e Cl eane r *

======================================== [*See section 94509(k) for the effective date of th e VOC limit and see subsection 94509(m)(1) for additional requirements that apply to Carburetor or Fuel-injection Air Intake Cleaner.] 1/1 / 95

12/31/2002

12/31/2008

12/31/2010

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

45

20

10

==========

C a r pet/ Up ho l ste r y C leane r *:

aerosol

--------------------------------------------------- -------------------- nonaerosol (dilutable)

--------------------------------------------------- -------------------- nonaerosol (ready-to-use)

======================================== [*See subsection 94509(m)(1) for additional requirements that apply to Carpet/Upholstery Cleaner] 1/1/2001

12/31/2010

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

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

12/31/2010

=========== 7

5

------------------ 0

. 1

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

1

==========

C ha r coa l Li g h t e r M ate r i al Se e Sect i on 94509(h)

Disi n f e c tan t : aerosol

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

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

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

Dusting Ai d : aerosol

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

1/1/97

12/31/2010

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

12/31/2010 35

25

17

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

3Consumer Products Regulation 58

California Air Resource Board Amended March 15, 2 013

E l ect ri c a l C l ea n e r *

======================================== [*See subsections 94509(m)(1) and section 94512(d) for additional requirements that apply to Electrical Cleaner.] 12/ 3 1/ 2 006

=========== 45

==========

E l ect r on i c Cl e a ne r *

======================================== [*See subsection 94509(m)(1) and section 94512(d) for additional requirements that apply to Electroni c Cleaner.] 12/ 3 1/ 2 007

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

==========

En gi n e D e gr ease r *:

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

1/1/96

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

12/31/2010 75

50

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

10

Fab ri c P r ote c ta n t *

aerosol

--------------------------------------------------- -------------------- nonaerosol

======================================== [*See subsection 94509(m)(1) for additional requirements that apply to Fabric Protectant] 1/1 / 95

1/1/97

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

1/1/97

12/31/2010

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

60

------------------ 75

60

1

==========

Fab ri c Re f r es h e r : aerosol

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

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

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

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

F l oor M a i n t e nan c e P r oduct 12/31/2010 1

Floor Polish or Wax: Resilient Flooring Material

--------------------------------------------------- -------------------- Nonresilient Flooring Material

--------------------------------------------------- -------------------- Wood Floor Wax 1/1/94

12/31/2010

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

12/31/2010

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

12/31/2010 7

1

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

1

------------------ 90

70Consumer Products Regulation 59

California Air Resource Board Amended March 15, 2 013

F l oo r W a x St ri p p e r : nonaerosol See Section 94509(j)

Foot w ea r o r L e at h e r C a r e P r o d uct*:

aerosol

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

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

======================================== [*See subsection 94509(m)(1) for additional requirements that apply to Footwear or Leather Care Product.] 12/31/2006

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

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

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

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

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

==========

Fu r n i tu r e M a i n t e n anc e P r odu c t*:

aerosol

--------------------------------------------------- -------------------- all other forms (except solid/paste forms)

--------------------------------------------------- -------------------- nonaerosol (except solid/paste forms)

======================================== [*See section 94509(n) for additional requirements that apply to Furniture Maintenance Product.] 1/1/94

12/31/2004

12/31/2013

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

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

=========== 25

17

12

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

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

==========

Gene r a l Pu rp os e Cl eane r *:

aerosol and nonaerosol

--------------------------------------------------- -------------------- aerosol

--------------------------------------------------- -------------------- nonaerosol

======================================== [*See subsections 94509(m)(1) and (m)(3) for additional requirements that apply to General Purpose Cleaner.] 1/1/94

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

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

12/31/2012

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

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

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

0.5

==========

Gene r a l Pu rp os e D e gr ease r *:

aerosol

--------------------------------------------------- -------------------- nonaerosol

======================================== [*See subsections 94509(m)(1) and (m)(3) for additional requirements that apply to General Purpose Degreaser.] 1/1/2002

12/31/2008

12/31/2010

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

12/31/2012

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

20

10

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

0.5

==========Consumer Products Regulation 60

California Air Resource Board Amended March 15, 2 013

Glass Cle a n er*:

aerosol

--------------------------------------------------- -------------------- nonaerosol

======================================== [*See subsection 94509(m)(3) for additional requirements that apply to nonaerosol Glass Cleaner] 1/1/93

12/31/2012

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

1/1/96

12/31/2004

12/31/2012

=========== 12

10

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

6

4

3

==========

G raf f i ti R e m o v e r *:

aerosol

--------------------------------------------------- -------------------- nonaerosol

======================================== [*See subsection 94509(m)(1) for additional requirements that apply to Graffiti Remover.] 12/31/2006

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

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

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

==========

H a i r M ousse 1/1 / 94

12/31/2002 16

6

Hair Shine 1/1/2005 55

H a i r Sp r a y 1/1 / 93

6/1/99 80

55 Hair Styling Gel 1/1/94 6

H a i r St y li n g P r oduct: aerosol and pump spray

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

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

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

H ea v y

- dut y H an d Cl eane r o r S oap*

all forms

nonaerosol

======================================== [*See subsection 94509(m)(3) for additional requirements that apply to nonaerosol Heavy-duty Hand Cleaner or Soap] 1/1/2005

12/31/2013

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

1

==========

Insec t R epe lle nt:

aerosol 1/1/94 65Consumer Products Regulation 61

California Air Resource Board Amended March 15, 2 013

Insectici d e*: Crawling Bug Insecticide (all forms):

--------------------------------------------------- -------------------- aerosol

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

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

--------------------------------------------------- -------------------- aerosol

--------------------------------------------------- -------------------- Fogger

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

--------------------------------------------------- -------------------- nonaerosol

--------------------------------------------------- -------------------- Wasp or Hornet Insecticide**

======================================== [*See sections 94510(g)(1) and 94510(k) for exemptions that apply to certain insecticides.]

[**See subsection 94509(n) for additional requirements that apply to Flying Bug and Wasp or Hornet Insecticide] 1/1/95

1/1/98

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

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

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

-------------------- 12/31/2003

12/31/2013

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

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

-------------------- 12/31/2003

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

12/31/2013

=========== 40

20

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

------------------ 25

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

------------------ 25

20

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

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

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

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

10

==========

La u nd r y P r e w ash:

aerosol/solid

--------------------------------------------------- -------------------- all other forms 1/1/94

-------------------- 1/1/94 22

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

La u nd r y Sta r ch/S i z i ng/Fab ri c F i nis h P ro duct: 1/1 / 95

1/31/2008 5

4.5

Lub ri c a n t*

======================================== [*See subsection 94509(m)(1), for additional requirements that apply to Lubricant products.]

======================================== Anti-Seize Lubricant**

aerosol

--------------------------------------------------- -------------------- nonaerosol ===========

===========

12/31/2013

-------------------- 12/31/2013 ==========

==========

40

------------------ 3Consumer Products Regulation 62

California Air Resource Board Amended March 15, 2 013

--- - --- - -- - -- - - -- - -- - -- - --- - - - --- - --- - -- - -- - - -- - -- - -- - --- - - - --- - --- - --- Cutting or Tapping Oil**

aerosol

--------------------------------------------------- -------------------- nonaerosol

--------------------------------------------------- -------------------- Gear, Chain, or Wire Lubricant**

aerosol

--------------------------------------------------- -------------------- nonaerosol

--------------------------------------------------- -------------------- Multi-purpose Lubricant (excluding solid or semisolid products) #

--------------------------------------------------- -------------------- Penetrant #+

--------------------------------------------------- -------------------- Rust Preventative or Rust Control Lubricant**

aerosol

--------------------------------------------------- -------------------- nonaerosol

--------------------------------------------------- -------------------- Silicone-based Multi-purpose Lubricant (excluding solid or semisolid products)

======================================== [**See subsection 94509(n) for additional requirements that apply to Anti-Seize Lubricant; Cutting or Tapping Oil; Gear, Chain, or Wire Lubricant; or Rust Preventative or Rust Control Lubricant products.]

[ # See subsection 94513(f) for additional requirements that apply to Multi-purpose Lubricant and Penetrant .]

[ + See subsection 94509(m)(7) for an exclusion that applies to certain Penetrant products.] --- - --- - -- - -- - - -- - --

12/31/2013

-------------------- 12/31/2013

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

12/31/2013

-------------------- 12/31/2013

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

12/31/2013

12/31/2015

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

12/31/2013

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

12/31/2013

-------------------- 12/31/2013

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

1/1/2005

=========== --- - --- - -- - -- - - ---

25

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

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

25

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

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

25

10

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

25

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

25

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

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

60

==========

M eta l Po li s h o r Cl ean s e r *:

--------------------------------------------------- -------------------- aerosol

--------------------------------------------------- -------------------- nonaerosol

======================================== [*See subsection 94509(m)(1) and subsection 94509(n) for additional requirements that apply to Metal Polish or Cleanser.] 1/1 / 20 0 5

-------------------- 12/31/2012

-------------------- 12/31/2012

=========== 30

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

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

==========Consumer Products Regulation 63

California Air Resource Board Amended March 15, 2 013

Motor V e hicle W a sh

nonaerosol 12/31/2010 0.2

M u l t i

- pu r pos e So l v ent*

======================================== [*See subsections 94509(m)(1), (n), and (p); 94512(e); and 94513(g) for additional requirements that apply to Multi-purpose Solvent.] 12/ 3 1/ 2 010

12/31/2013

=========== 30

3

==========

N a il P o lish Re m o v e r 1/1 / 9 4
1/1/96

12/31/2004

12/31/2007 85

75

0

1

N onse l ecti v e T e rr est ri a l H e r b i c i d e: nonaerosol 1/1/2002 3

O do r Re m o v e r/ E li m i n at o r aerosol

--------------------------------------------------- -------------------- nonaerosol 12/31/2010

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

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

O v en or G r ill Cleaner*: aerosol/pump spray

aerosol

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

--------------------------------------------------- -------------------- nonaerosol

======================================== [*See subsection 94509(q) for the effective date of the VOC limit and subsections 94509(m)(1) and (m)(3) for additional requirements that apply to Ov en or Grill Cleaner.] 1/1/93

1/1/93

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

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

12/10/2011

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

8

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

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

4

==========

Pa i n t Re m o v e r o r S t r i pper 1/1/2005 50

Pa i n t T h i n n e r*

======================================== [*See subsections 94509(m)(1),(n), and (p); 94512(e); and 94513(g) for additional requirements that apply to Paint Thinner. See subsection 94510(m) for an exemption that applies to Paint Thinner.] 12/ 3 1/ 2 010

12/31/2013

=========== 30

3

==========

Pe r s o n a l F r a gr anc e P r oduct * : products with 20% or less fragrance

--------------------------------------------------- -------------------- products with more than 20% fragrance 1/1/95

1/1/99

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

1/1/99 80

75

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

65Consumer Products Regulation 64

California Air Resource Board Amended March 15, 2 013

== = == = ==== = = = === = == = == = = = == = = = == == == = === [*See sections 94510(h), 94510(j), and 94510(l) for exemptions and requirements that apply to Personal Fragrance Product.] == = == = ===== == = == = ====

Pressuri z e d Gas Dus t er*

======================================== [*See subsections 94509(m)(1), 94509(n) and 94510(c) for additional provisions that apply to Pressurized Gas Duster] 12/ 3 1/ 2 010

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

==========

R ubbe r / V i n y l P r otect a nt:

aerosol

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

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

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

San i t i z e r : aerosol

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

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

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

Sea la n t o r Ca u l k i n g Co m p o u nd*

all forms

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

nonaerosol

--------------------------------------------------- -------------------- Nonchemically Curing

nonaerosol

======================================== [*See subsections 94509(m)(1) and section 94512(d) for additional requirements that apply to Sealant o r Caulking Compound.] 12/31/2002

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

12/31/2012

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

12/31/2010

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

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

3

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

1.5

==========

Shaving Cream 1/1/94 5

Sha v i n g Gel 12/ 3 1/ 2 006

12/31/2009 7

4 Spo t R e m o v e r*:

aerosol

--------------------------------------------------- -------------------- nonaerosol

======================================== [*See subsections 94509(m)(1) and 94509(n) for additional requirements that apply to Spot Remover. ] 1/1/2001

12/31/2012

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

12/31/2012

=========== 25

15

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

3

==========

T e m p o r a r y H a ir C o l o r: aerosol 12/31/2010 55Consumer Products Regulation 65

California Air Resource Board Amended March 15, 2 013

T ir e o r W he e l Cl e a n e r aerosol

--------------------------------------------------- -------------------- nonaerosol 12/31/2010

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

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

Tire Sealant and Inflator 12/31/2002 20

T o il e t / Uri n a l C a r e P rod u ct*:

aerosol

--------------------------------------------------- -------------------- nonaerosol

======================================== [*See subsection 94509(m)(2) for additional requirements that apply to Toilet/Urinal Care Product.] 12/31/2006

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

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

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

==========

U nde r co a tin g : aerosol 1/1/2002 40 Windshield Water Repellent 12/31/2010 75

W oo d Cl e a ne r : aerosol

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

-------------------- 12/31/2006 17

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

1 See section 94509(d) for the effective date of the VOC standards for products registered under FIFRA, and section 94509(c) and (d) for the “sell-through” allowed for products manufactured prior to the

effective date of standards.

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

(b) Products that are diluted prior to use

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

such as hard-to-remove soils or stains.

(2) For consumer products for which the label, pack aging, or accompanying literature states that the product should be diluted with any VOC solvent prior to use, the limits specified in subsection (a) shall apply to t he product only after the maximum recommended dilution has taken place.

(3) For “Automotive Windshield Washer Fluids (Dilut able)” for which the front panel of the product label specifically states that the prod uct should be diluted (e.g. identified as a “concentrate”) prior to use;Consumer Products Regulation 66

California Air Resource Board Amended March 15, 2 013

(A) the VOC limits specified in section 94509(a) sh all apply to the product only after the minimum recommended dilution has tak en place;

(B) for the purpose of complying with the VOC limit s specified in section 94509(a), different dilution instructions for Type “A” areas and Nontype “A” 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 dilution that applies in Type “A” areas and Nontype “A” areas of California, and

If the dilution instructions specified on the produ ct 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.

(C) The dilution instructions on the product label may indicate that the consumer follow the dilution instructions for Type “A” areas if traveling during times when freezing temperatures are expected.

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

dilution. (c) Sell-through of products.

(1) Sell-through period

. Notwithstanding the provisions of Sections 94509( a), 94509(j), or 94509(o), a consumer product manufactu red prior to each of the effective dates specified for that product in the T able of Standards may be sold, supplied, or offered for sale for up to three years after each of the specified effective dates. This subsection (c) does not apply to:

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

(B) any consumer product on which the manufacturer has used a code indicating the date of manufacture that is differen t 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 specifie d in section 94512(c)(1) or section 94512(c)(2), or

(C) Solid “Air Fresheners” and “Toilet/Urinal C are Product” that contain para- dichlorobenzene; these products are subject t o the one-year sellthrough period specified in section 94509(m)(2).Consumer Products Regulation 67

California Air Resource Board Amended March 15, 2 013

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

1. Subsection (c)(1) does not apply to any individ ual consumer products unit contained within a multi-unit package that is produ ced or assembled after January 1, 2006, where the multi-unit package does not display the date(s) or date-code(s) of the individual product units, or display the date of assembly, such that the displayed information is no t readily observable without irreversibly disassembling any portion of t he container or packaging.

2. For the purposes of this section, “date of asse mbly” means the date that the individual product units are assembled into the fin ished multi-unit package.

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

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

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

(A) the product is being sold or supplied to a dist ributor or retailer;

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

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

(D) the product is subject to a VOC standard with a n effective date on or after December 31, 2004.

(d) Products registered under FIFRA. For those consumer products that are registered under the Federal Insecticide, Fungicide , and Rodenticide Act, (FIFRA; 7 U.S.C. Section 136-136y), the effective d ate of the VOC standards specified in subsection (a) is one year after the d ate specified in the Table of Standards. For those consumer products that are reg istered under FIFRA, the three year period provided in subsection (c) shall also begin one year after the date specified in the Table of Standards.Consumer Products Regulation 68

California Air Resource Board Amended March 15, 2 013

(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-difluor oethane), CFC-115 (chloropentafluoroethane), halon 1211 (brom ochlorodifluoromethane), halon 1301 (bromotrifluoromethane), halon 2402 (dib romotetrafluoroethane), HCFC-22 (chlorodifluoromethane), HCFC-123 (2,2-dichloro-1,1,1-trifluoroethane), HCFC-124 (2-chloro-1,1,1,2-tetrafluoroethane), HCFC-141b (1,1-dichloro-1-fluoroethane), HCFC-142b (1-chloro-1,1-difluoroethane), 1,1,1-tric hloroethane, and carbon

tetrachloride.

(f) The requirements of section 94509 (e) shall not apply to any existing product formulation that complies with the Table of Standar ds or any existing product

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

increase.

(g) The requirements of section 94509 (e) shall not apply to any ozone depleting compounds that may be present as impurities in a co nsumer product in an amount equal to or less than 0.01% by weight of the product.

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

(1) Regulatory Standards

(A) In all areas of California except the South Coa st Air Quality Management District, no person shall sell, supply, or offer fo r sale after January 1, 1993 any charcoal lighter material product unless at the time of the transaction:

1. the manufacturer or distributor of the charcoal lighter material has been issued a currently effective certification pursuant to subsection (h)(2).

2. the charcoal lighter material meets the formula tion criteria and other conditions specified in the applicable Executive Or der issued pursuant to subsection (h)(2).Consumer Products Regulation 69

California Air Resource Board Amended March 15, 2 013

3. the product usage directions for the charcoal l ighter material are the same as those provided to the Executive Officer pur suant to subsection (h)(2)(C).

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

effective date of this subsection.

(2) Certification Requirements

(A) No charcoal lighter material formulation shall be certified under this subsection unless the applicant for certification d emonstrates to the

Executive Officer's satisfaction that the VOC emiss ions from the ignition of charcoal with the charcoal lighter material are les s than or equal to 0.020 pound of VOC per start, using the procedures specif ied in the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol, dated February 27, 1991 (th e “SCAQMD Rule 1174 Testing Protocol”). The provisions relating to LVP -VOC in sections 94508(a) and 94510(d) shall not apply to any charco al lighter material subject to the requirements of sections 94509(a) an d (h).

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

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

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

1. the results of testing conducted pursuant to the procedures specified in SCAQMD Rule 1174 Testing Protocol.

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

i) the charcoal lighter material is intended to be used in fixed amounts independent of the amount of charcoal used, such as certain paraffin cubes, orConsumer Products Regulation 70

California Air Resource Board Amended March 15, 2 013

ii) the charcoal lighter material is already incorp orated into the charcoal, such as certain “bag light,” “instant lig ht,” 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 quan tity of charcoal lighter material used in the SCAQMD Rule 1174 Testing Proto col for that product.

4. Any physical property data, formulation data, or other information required by the Executive Officer for use in determ ining when a product

modification has occurred and for use in determinin g compliance with the conditions specified on the Executive Order iss ued pursuant to section (h)(2).

(D) Within 30 days of receipt of an application, th e Executive Officer shall advise the applicant in writing either that it is complete or that specified additional information is required to make it complete. 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 applicat ion meets the requirements of this subsection (h)(2), then he or she shall issue an Executive Order certifying the charcoal lighter material formulatio n and specifying such conditions as are necessary to insure that the requ irements of this subsection (h) are met. The Executive Officer 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 certifi cation has been granted pursuant to subsection (h)(2), the applicant for ce rtification shall notify the Executive Officer in writing within 30 days of: (i) any change in the usage directions, or (ii) any change in product formulati on, test results, or any other information submitted pursuant to subsection (h)(2) which may result in VOC emissions greater than 0.020 pound of VOC per start

.

(4) Revocation of Certification

If the Executive Officer determines that any certif ied charcoal lighter material formulation results in VOC emissions from the ignit ion of charcoal which are greater than 0.020 pound of VOC per start, as deter mined by the SCAQMD Rule 1174 Testing Protocol and the statistical anal ysis procedures containedConsumer Products Regulation 71

California Air Resource Board Amended March 15, 2 013

therein, the Executive Officer shall revoke or modi fy the certification as is necessary to assure that the charcoal lighter mater ial will result in VOC emissions of less than or equal to 0.020 pound of V OC per start. The Executive Officer shall not revoke or modify the prior certif ication without first affording the applicant for the certification an opportunity for a hearing in accordance with the procedures specified in Title 17, California Code o f Regulations, Division 3, Chapter 1, Subchapter 1, Article 4 (commencing with section 60040), to

determine if the certification should be modified o r revoked.

(5) Notwithstanding any other provision of this sub section 94509(h), charcoal lighter material products manufactured prior to January 1, 1993, may be sold, supplied, or offered for sale until July 1, 1994, in all area s of California except the South Coast Air Quality Management District. Charcoal li ghter material products subject to SCAQMD Rule 1174 and sold, supplied, or offered for sale in the South Coast Air Quality Management District shall m eet the requirements of section 94509(h) upon the effective date of this su bsection, regardless of the date on which the products were manufactured.

(i) Requirements for aerosol adhesives (as defined in sections 94508(a)(1) and 94508(a)(3)).

(1) As specified in Health and Safety Code sect ion 41712(h)(2), the standards for aerosol adhesives apply to all uses of aerosol adhe sives, including consumer, industrial, and commercial uses. Except as otherwi se provided in sections 94509(c), 94510, 94511, and 94514, no person shall sell, supply, offer for sale, use or manufacture for sale in California any aeros ol adhesive which, at the time of sale, use, or manufacture, contains VOCs in excess of the specified

standard.

(2)(A) In order to qualify as a “Special Purpose Sp ray Adhesive” the product must meet one or more of the definitions for “Special Pu rpose Spray Adhesive” specified in section 94508(a), but if the product l abel indicates that the product is suitable for use on any substrate or app lication not listed in one of the definitions for “Special Purpose Spray Adhes ive,” then the product shall be classified as either a “Web Spray Adhesive ” or a “Mist Spray

Adhesive.”

(B) If a product meets more than one of the definit ions 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 low est applicable VOC limit specified in section 94509(a).Consumer Products Regulation 72

California Air Resource Board Amended March 15, 2 013

(3) All aerosol adhesives must comply with the labe ling requirements specified in section 94512(d), and all manufacturers and resp onsible parties for aerosol adhesives must comply with the special repo rting requirements specified in section 94513(d).

(j) Requirements for floor Wax Strippers. After an effective date of January 1, 2002, no person shall sell, supply, offe r for sale, or manufacturer for use in California any floor wax stripper unless the following requirements

are met:

(1) The label of each nonaerosol floor wax stripper must specify a dilution ratio for light or medium build-up of polish that results in an as-used VOC concentration of 3 percent by weight or less.

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

(3) The terms “light build-up,” “medium build-up” o r “heavy build-up” are not specifically required, as long as comparable termin ology is used.

(k) Effective dates of the VOC limits for “ Carburetor or Fuel-injection Air Intake

Cleaners ” and “ Construction, Panel, and Floor Covering Adhesives .” The definitions for the product categories of “Carburet or or Fuel-injection Air Intake Cleaners” and “Construction, Panel, and Floor Cover ing Adhesives” were modified as part of the “Mid-term Measures II” rule making action that was considered by the Board in October 1999. As a resu lt of these modifications, certain types of consumer products were included in these definitions that had not previously been included. For those consumer p roducts that were included in

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

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

(m) Requirements limiting the use of specific toxic com pounds in specific consumer products categories.( 1 ) R equ ir e m ent s fo r p r oduct s li s te d i n Tab l e ( m ) ( 1 )

.

Consumer Products Regulation 73

Except as provided below in sections 94509(m)(4), ( m)(6), and (m)(7), after the applicable effective date specified in Table 94 509(m)(1) for each product category, no person shall sell, supply, offer for s ale, or manufacture for use in California any consumer product listed in Table 94509(m)(1) that contains any of the following compounds: methylene chloride, perchloroethylene, or trichloroethylene.

Table 94509(m)(1) Product Categories in which Use of Methylene Chlori de, Perchloroethylene, and Trichloroethylene is Prohibited

Product Category Effective

Date Sell

through

Date

Adhes i v e: 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 Construction, Panel and Floor Covering

Contact 1/1/2002

12/31/2008

12/31/2005 1/1/2005

12/31/2011

12/31/2008

Adhes i v e Re m o v e r • Floor or Wall Covering Adhesive Remover • Gasket or Thread Locking Adhesive Remover • General Purpose Adhesive Remover • Specialty Adhesive Remover 12/ 3 1/ 2 006 12/ 3 1/ 2 009

Aut o m o t i v e C ons u m e r P r oduct s : See the Airborne Toxic Control Measure For Emission s Of

Chlorinated Toxic Air Contaminants From Automotive Maintenance And Repair Activities, section 93111, t itle 17, California Code of Regulations for additional requi rements that apply to the Automotive Consumer Products: Br ake Cleaner, Carburetor or Fuel Injection Air Intake Cl eaner, Engine Degreaser, and General Purpose Degreaser - intended for use in automotive maintenance or repai r activities.

Bathroom and Tile Cleaner 12/31/2008 12/31/2011
Carpet/Upholstery Cleaner 12/31/2010 12/31/2013

Electrical Cleaner 12/31/2006 12/31/2009Consumer Products Regulation 74

Electronic Cleaner 12/31/2005 12/31/2008

E l ect r on i c Cl e a ne r l abe l e d a s ene rgi z e d e l ect r on i c equipment use only 12/31/2008 12/31/2011

Fabric Protectant 12/31/2010 12/31/2013

Footwear or Leather Care Product 12/31/2005 12/31/2 008
General Purpose Cleaner 12/31/2008 12/31/2011
General Purpose Degreaser 12/31/2005 12/31/2008

Graffiti Remover 12/31/2006 12/31/2009

Lub ri c a n t:
• Anti-Seize Lubricant • Cutting or Tapping Oil • Gear, Chain, or Wire Lubricant • Multi-purpose Lubricant (excluding solid or semi solid products) • Penetrant [See subsection 94509(m)(7) for an ex clusion that applies to certain Penetrant products.]

• Rust Preventative or Rust Control Lubricant • Silicone-based Multi-purpose Lubricant (excludin g solid or semisolid products) 12/31/2013

12/31/2013

12/31/2013

12/31/2010

12/31/2010

12/31/2013

12/31/2012 12/31/2016

12/31/2016

12/31/2016

12/31/2013

12/31/2013

12/31/2016

12/31/2015

Metal Polish or Cleanser 12/31/2012 12/31/2015
Multi-purpose Solvent 12/31/2010 12/31/2013

Oven or Grill Cleaner 12/31/2008 12/31/2011

Paint Thinner 12/31/2010 12/31/2013

P r essu ri z e d Ga s D us t e r ( T ri ch l o r o e th y l en e i s not prohibited) 12/31/2010 12/31/2011

Sealant or Caulking Compound 12/31/2010 12/31/2013
Spot Remover 12/31/2012 12/31/2015

(2) Requirements for products listed in Table (m)(2).

Except as provided below in sections 94509(m)(4) af ter the applicable effective date specified in Table 94509(m)(2) for e ach product category, no person shall sell, supply, offer for sale, or manuf acture for use in California any consumer product listed in Table 94509(m)(2) th at contains paradichlorobenzene.

Table 94509(m)(2) Product Categories in which Use of Para-dichloroben zene is Prohibited

Product Category Effective Date Sell

- through

Date

Air Freshener (solid) 12/31/2005 12/31/2006

Toilet/Urinal Care Products 12/31/2005 12/31/2006( 3 ) R equ i r e m ent s fo r p r o d uct s li s te d i n T a bl e ( m ) ( 3 )

.

Consumer Products Regulation 75

Except as provided below in sections 94509(m)(4) an d (m)(6), after the applicable effective date specified in Table 94509( m)(3) for each product category, no person shall sell, supply, offer for s ale, or manufacture for use in California any consumer product listed in Table 94509(m)(3) that contains an alkylphenol ethoxylate surfactant compound.

Table 94509(m)(3) Product Categories in which Use of Alkylphenol Etho xylate Surfactants

is Prohibited

Product Category Effective Date Sell

- through

Date

General Purpose Cleaner (nonaerosol) 12/31/2012 12/ 31/2015
General Purpose Degreaser (nonaerosol) 12/31/2012 1 2/31/2015

Glass Cleaner (nonaerosol) 12/31/2012 12/31/2015

H ea v y

- dut y H an d Cl eane r o r S oap (nonaerosol) 12/31/2013 12/31/2016

Oven or Grill Cleaner 12/31/2012 12/31/2015

(4) Sell-through of Products . Consumer products listed in Table 94509(m)(1), (m)(2), or (m)(3) that were manufactured before the specified effective date listed in Table 94509(m)(1), (m)(2), or (m)(3), may be sold, supplied, or offered for sale until the corresponding “sell-thro ugh” date listed in Table 94509(m)(1), (m)(2), or (m)(3), so long as th e product complies with the product dating requirements in section 94512(b)

.

(5) Notification for products sold during the sell-thro ugh period. Any person who sells or supplies a consumer product identified lis ted in section 94509(m)(1), (m)(2), or (m)(3) must notify the purchaser of the product of the sell-through period dates, provided, however, that this notifica tion must be given only if both of the following conditions are met:

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

(B) the product is sold or supplied within 6 months of the specified

effective date.

(6) Impurities . The requirements of section 94509(m)(1) and (m)( 5) shall not apply to any consumer product listed in Table 9 4509(m)(1) containing methylene chloride, perchloroethylene, or trichloro ethylene that is present as an impurity in a combined amount equal to or less t han 0.01% by weight.Consumer Products Regulation 76

(7) The requirements of section 94509(m)(1) 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 stat ement: “Nonflammable: For use on energized equipment only.”

(n) Requirements limiting the use of any chemical compo und that has a Global Warming Potential (GWP) Value of 150 or greater.

(1) Requirements for products listed in Table (n)(1)

Except as provided below in sections 94509(n)(2) an d (n)(3), after the applicable effective date specified in Table 94509( n)(1), no person shall sell, supply, offer for sale, or manufacture for use in C alifornia any consumer product listed in Table 94509(n)(1) that contains a ny chemical compound that has a GWP Value of 150 or greater.

Table 94509(n)(1) Product Categories in which Use of Any Chemical Com pound that has a Global Warming Potential (GWP) Value of 150 or Greater is Prohibited

Product Category Effective Date Sell-through

Date

Double Phase Aerosol Air Freshener 12/31/2012 12/31 /2015
Flying Bug Insecticide 12/31/2013 12/31/2016

Furniture Maintenance Product 12/31/2013 12/31/2016

Lub ri c a n t:
• Anti-Seize Lubricant • Cutting or Tapping Oil • Gear, Chain, or Wire Lubricant

• Rust Preventative or Rust Control Lubricant 12/31/2013

12/31/2013

12/31/2013

12/31/2013 12/31/2016

12/31/2016

12/31/2016

12/31/2016

Metal Polish or Cleanser 12/31/2012 12/31/2015
Multi-purpose Solvent 12/31/2010 12/31/2013

Paint Thinner 12/31/2010 12/31/2013

Pressurized Gas Duster 12/31/2010 12/31/2011
Spot Remover 12/31/2012 12/31/2015

Wasp or Hornet Insecticide 12/31/2013 12/31/2016

(2) Sell-through of Products . Consumer products listed in Table 94509(n)(1) that were manufactured before the specified effecti ve date listed in Table 94509(n)(1), may be sold, supplied, or offered for sale until the corresponding “sell-through” date listed in Table 94509(n)(1), so long as the product complies with the product dating requiremen ts in section 94512(b).C ons u m e r P ro duct s R e g u l at i on 77

(3) Notification for products sold during the sell -through period. Any person who sells or supplies a consumer product listed in sect ion 94509(n)(1) must notify the purchaser of the product of the sell-through pe riod dates, 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 distributo r or retailer; and

(B) the product is sold or supplied within 6 months of the specified

effective date.

(4) Impurities . The requirements of section 94509(n)(1), (n)(2), and (n)(3) shall not apply to any consumer product listed in T able 94509(n)(1) containing any chemical compound that is present as an impurity in a combined amount equal to or less than 0.1% by weigh t.

(o) 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. C ompliance with the VOC limit shall be determined per sheet, or equivalent delivery substrate, based on the minimum recommended use for a single drying cycle s pecified on the product packaging or label. In other words, if one sheet is the minimum recommended use for a single drying cycle, then the VOC limit a pplies per sheet. If two sheets are the minimum recommended use for a single drying cycle, then the VOC limit applies to the aggregate VOC content in two sheets. For purposes of this subsection, “minimum recommended use” shall not inc lude recommendations for incidental use of additional sheets, or equivalent delivery substrate, for limited applications such as for extra large or double load s of washable fabrics in large capacity clothes dryers.

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

(p) Additional requirements for Multi-purpose Solvent a nd Paint Thinner.

(1) Except as provided below in sections 94509(p)(2 ), effective December 31, 2010, no person shall sell, supply, offer for sale, or manufacture for use in California any Multi-purpose Solvent or Paint Thinn er that contains greater than 1% Aromatic Compound content by weight.

(2) Sell-through of Products. Multi-purpose Solvents and Paint Thinners that contain greater than 1% Aromatic Compound content b y weight; and were manufactured before December 31, 2010, may be sold, supplied, or offeredC ons u m e r P ro duct s R e g u l at i on 78 for sale until December 31, 2013, so long as the pr oduct complies with the product dating requirements in section 94512(b).

(3) Notification for products sold during the sell-thro ugh period. Any person who sells or supplies a consumer product identified abo ve in section 94509(p)(2) must notify the purchaser of the product in writing that the sell-through period for that product will end on December 31, 2013, pro vided, however, this notification must be given only if both of the foll owing conditions are met:

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

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

(q) Effective dates of the VOC limits for " Oven or Grill Cleaner. " The definition for

the " Oven or Grill Cleaner " product category was modified as part of a rulemaking action to amend the California Consumer Products Regulation that was considered by the Board in November 2010. As a result of this modification, grill cleaning products were included in this defin ition that had not previously been included. For those grill cleaning products th at were included in this

definition for the first time as a result this rule making action, the VOC limits (in section 94509(a)) applicable to these newly include d products shall not become legally effective until December 31, 2012.

NOTE: Authority cited: Sections 38500, 38501, 38510 , 38560, 38560.5, 38562, 38580, 39600, 39601, 39650, 39658, 39659, 39666 and 41712, Health and Sa fety Code. Reference: Sections 38505, 39002,
39600, 39650, 39655, 39656, 39658, 39659, 39666, 40 000 and 41712, Health and Safety Code.

§ 94510. Exemptions.

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

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

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

outlets in California.

(c) Except for Pressurized Gas Duster, the VOC limi ts specified in Section 94509(a) shall not apply to fragrances up to a combined leve l of 2 percent by weight contained in any consumer product.

(d) The VOC limits specified in Section 94509(a) sh all not apply to any LVP-VOC.C ons u m e r P ro duct s R e g u l at i on 79

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

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

(g) The VOC limits specified in Section 94509(a) sh all not apply to:

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

(2) Until December 30, 2006, the VOC limits specifi ed in Section 94509(a) shall not apply to solid air fresheners containing at least 9 8% para-dichlorobenzene. On or after December 31, 2006, the provisions of section 94509(m)(2)apply to solid air fresheners containing para-dichlorobenzene.

(h) Except as specified in 94510(h)(3) below, the V OC limits specified in Section 94509(a) shall not apply to:

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

(A) a product which a fragrance materials manufactu rer is designing at the request of a personal fragrance product manufacture r, or

(B) a product which is the subject of a written mar keting profile or other documentation authorizing the creation and marketin g of the product.

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

(3) Effective December 31, 2014, subsections 94510 (h)(1) and 94510(h)(2) shall no longer apply to any “Personal Fragrance Product” th at contains 20 percent or less fragrance. Products manufactured before Decemb er 31, 2014 may be sold, supplied, or offered for sale until December 31, 20 17, so long as the product complies with the product dating requirements in Se ction 94512(b).C ons u m e r P ro duct s R e g u l at i on 80

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

containers of 1 fluid ounce or less.

(j) The VOC limits specified in Section 94509(a) s hall not apply to any VOC which is a fragrance in a personal fragrance product.

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

(l) Except as specified in 94510(l)(1), 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 p ercent or less fragrance. Products manufactured before December 31, 2014 may be sold, supplied, or offered for sale until December 31, 2017, so long a s the product complies with the product dating requirements in Section 94512(b)

.

(m) Until December 31, 2013, the VOC limits specifi ed in Section 94509(a), and the prohibition of Aromatic Compounds listed in section 94509(p)(1), 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 41 712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code.

§ 94511. Innovative Products.

(a) The Executive Officer shall exempt a consumer product from the VOC limits specified in Section 94509(a) if a manufacturer dem onstrates by clear and convincing evidence that, due to some characteristi c 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 consume r product which complies with the VOC limits specified in Section 94509(a), or

(2) the calculated VOC emissions from a noncomplyin g representative product, if the product had been reformulated to comply with th e VOC limits specified in section 94509(a). VOC emissions shall be calculated using the following equation:C ons u m e r P ro duct s R e g u l at i on 81



## E R 

## = E NC 

## x VOC STD 

## ÷ VOC NC

where:

E R = The VOC emissions from the noncomplying represen tative
product, had it been reformulated.

E NC = The VOC emissions from the noncomplying represent ative
product in its current formulation.

VOC STD = the VOC limit specified in 94509(a).

VOC NC = the VOC content of the noncomplying product in i ts current

formulation.

If a manufacturer demonstrates that this equation y ields inaccurate results due to some characteristic of the product formulation o r other factors, an alternative method which accurately calculates emissions may be used upon approval of

the Executive Officer.

(b) For the purposes of this section, “representat ive consumer product” means a consumer product which meets all of the following c riteria:

(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 f orm 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 test s generally accepted for that product category by the consumer products indu stry.

(c) A manufacturer shall apply in writing to the E xecutive Officer for any exemption claimed under subsection (a). The application shal l include the supporting

documentation that demonstrates the reduction of em issions from the innovative product, including the actual physical test methods used to generate the data and, if necessary, the consumer testing undertaken to docum ent product usage. In addition, the applicant must provide any informatio n necessary to enable the

Executive Officer to establish enforceable conditio ns for granting the exemption including the VOC content for the innovative produc t and test methods for determining the VOC content. All information submi tted by a manufacturer pursuant to this section shall be handled in accord ance with the procedures specified in Title17, California Code of Regulation s, Sections 91000-91022.C ons u m e r P ro duct s R e g u l at i on 82

(d) Within 30 days of receipt of the exemption app lication the Executive Officer shall determine whether an application is complete as pro vided in section 60030(a), Title 17, California Code of Regulations.

(e) Within 90 days after an application has been d eemed complete, the Executive Officer shall determine whether, under what conditi ons, and to what extent, an exemption from the requirements of Section 94509(a) will be permitted. The applicant and the Executive Officer may mutually ag ree to a longer time period for reaching a decision, and additional supporting docu mentation may be submitted by the applicant before a decision has been reached. T he 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 th e product will meet the emissions reductions specified in subsection (a), a nd that such emissions

reductions can be enforced.

(f) In granting an exemption for a product the Exec utive Officer shall establish

conditions that are enforceable. These conditions shall include the VOC content of the innovative product, dispensing rates, applicati on rates, and any other parameters determined by the Executive Officer to b e necessary. The Executive Officer shall also specify the test methods for det ermining conformance to the

conditions established. The test methods shall incl ude criteria for reproducibility, accuracy, and sampling and laboratory procedures.

(g) For any product for which an exemption has bee n 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 pr oduct usage directions, and shall also notify the Executive Officer within 30 d ays if the manufacturer learns of any information which would alter the emissions est imates submitted to the Executive Officer in support of the exemption appli cation.

(h) If the VOC limits specified in Section 94509(a ) are lowered for a product category through any subsequent rulemaking, all innovative p roduct exemptions granted for products in the product category, except as provide d in this subsection (h), shall

have no force and effect as of the effective date o f the modified VOC standard. This subsection (h) shall not apply to those innova tive products which have VOC emissions less than the applicable lowered VOC limi t and for which a written notification of the product's emissions status vers us 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 consum er product for which an exemption has been granted no longer meets the criteria for a n innovative product specified in subsection (a), the Executive Officer may modify or revoke the exemption as necessary to assure that the product will meet thes e criteria. The Executive Officer shall not modify or revoke an exemption without fir st affording the applicant anC ons u m e r P ro duct s R e g u l at i on 83

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 deter mine if the exemption should

be modified or revoked.

NOTE: Authority cited: Sections 39600, 39601 and 41 712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code.

§ 94512. Administrative Requirements.

(a) Most Restrictive Limit

.

(1) Products Manufactured Before January 1, 2007, and F IFRA-registered Insecticides Manufactured Before January 1, 2008. Notwithstanding the definition of “Product Category” in Section 94508, if anywhere on the principal display panel of any consumer product manufactured before January 1, 2007, or any FIFRA-registered insecticide manufactured before Ja nuary 1, 2008 , any representation is made that the product may be used as, or is suitable for use as a consumer product for which a lower VOC limit is spe cified in Section 94509(a), then the lowest VOC limit shall apply. This requirement does not apply to general purpose cleaners and insecticide foggers.

(2) Products Manufactured on or After January 1, 2007, and FIFRA-registered Insecticides Manufactured on or After January 1, 20 08. Notwithstanding the definition of “product category” in Section 94508, if anywhere on the container or packaging of any consumer product manufactured on o r after January 1, 2007, or any FIFRA-registered insecticide manufactured on or after January 1, 2008, or on any sticker or label affixed thereto, any represent ation is made that the product may be used as, or is suitable for use as a consumer pr oduct for which a lower VOC limit is specified in Section 94509(a), then the lowest V OC limit shall apply. This requirement does not apply to general purpose clean ers and insecticide foggers.

(3) Rule that applies when Product Category definitions exclude each other. When determining the applicable VOC standard for a produ ct that meets the definitions for both “Regulated Category A” and “Regulated Category B”, in circumstances where the definition of “Regulated Category A” states tha t it excludes “Regulated Category B”, and the definition of “Regulated Category B” st ates that it excludes “Regulated Category A,” the product is subject to the VOC stan dard for whichever regulated category, “A” or “B,” has the lower VOC standard.

For the purposes of this section, a “Regulated Cate gory” means a category of consumer products that is both: (A) defined in sec tion 94508(a), and (B) has a VOC standard specified in section 94509(a) for that pro duct category.C ons u m e r P ro duct s R e g u l at i on 84

(4) Notwithstanding the provisions of section 94512 (a)(2) and (3), a product that makes ancillary disinfecting, sanitizing, or antimi crobial claims on the label is not subject to the VOC standards for “Disinfectant” or “Sanitizer” if the product is designed and labeled on the Principal Display Panel as a “Bathroom and Tile Cleaner,” “Carpet/Upholstery Cleaner,” “Fabric Refr esher,” “General Purpose Cleaner,” “Glass Cleaner,” “Metal Polish or Cleanse r,” or “Toilet/Urinal Care

Product.”

(b) Product Dating

(1) Each manufacturer of a consumer product subject to Section 94509 shall clearly display on each consumer product container or packa ge, the day, month, and year on which the product was manufactured, or a co de indicating such date.

Codes that represent a sequential batch number, or that otherwise cannot be attributed to a specific day, month, and year, do n ot satisfy this requirement.

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

YY DDD = year year day day day

Where: “YY” = two digits representing the year in which the product was manufactured, and

“DDD” = three digits representing the day of the ye ar on which the product was manufactured, with “001” representing t he first day of the year, “002” representing the second day of the year , and so forth (i.e. the “Julian date”).

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

(4) Except as otherwise provided in subsection (b)( 5), for products manufactured on or after January 1, 2006, the date or code shall be displayed on the product container such that it is readily observable withou t irreversibly disassembling any portion of the product container or packaging. For the purposes of this subsection, information may be displayed on the bot tom of a container as long as it is clearly legible without removing any product packaging.C ons u m e r P ro duct s R e g u l at i on 85

(5) Products Sold in Multi-unit Packages.

(A) Products sold, supplied, or offered for sale in multi-unit packages are not required to comply with subsection (b)(4).

(B) If a multi-unit package does not comply with su bsection (b)(4), the “sellthrough” provisions of section 94509(c)(1) shall no t apply to the individual product units contained within the multi -unit package. In other words, if any multi-unit package produced or assemb led after January 1, 2006, does not display the date(s) or da te-code(s) of the product units, such that the displayed information is readi ly observable without irreversibly disassembling any portion of the conta iner or packaging, the individual product units shall be subject to the VO C standards in effect when the multi-unit package is sold, supplied, or offere d for sale, regardless of the date on which the product units were manufactured.

(C) A multi-unit package may comply with subsection (b)(4) by displaying the date of assembly instead of the date(s) or date-cod e(s) of the individual product units, so long as the date of assembly is r eadily observable without irreversibly disassembling any portion of the conta iner or packaging. The “date of assembly” means the date that the individu al product units are assembled into the finished multi-unit package. If the date of assembly is displayed instead of the individual date(s) or date -code(s), the “date of assembly” shall be the “date of manufacture” for al l of the product units contained within the multi-unit package. In other w ords, all of the product

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

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

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

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

(c) Additional Product Dating Requirements

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

be filed with the Executive Officer of the ARB no l ater than twelve months prior to the effective date of the applicable stand ard specified in section 94509. Thereafter, manufacturers using a code must file an explanation ofC ons u m e r P ro duct s R e g u l at i on 86 the code with the Executive Officer on an annual ba sis, beginning in 2006.

The explanation of the code must be received by the Executive Officer on or before January 31 st of each year, with the first explanation due on or before January 31, 2006.

(2) If a manufacturer changes any code indicating t he date of manufacture for any consumer product subject to subsection (c)(1), an explanation of the modified code must be received by the Executive Off icer before any products displaying the modified code are sold, supplied, or offered for sale in

California.

(3) No person shall erase, alter, deface, or otherw ise 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 pu blic information and may not

be claimed as confidential.

(d) Additional Labeling Requirements for Aerosol Adhesi ve, Adhesive Remover, Electronic Cleaner, Electrical Cleaner, Energized E lectrical Cleaner, Contact Adhesive, and Sealant or Caulking Compound (nonaero sol).

(1) In addition to the requirements specified in s ubsections (a), (b), and (c), both the manufacturer and responsible party for each aer osol adhesive, adhesive remover, electronic cleaner, electrical cleaner, en ergized electrical cleaner, contact adhesive product, and sealant or c aulking compound ( nonaerosol

) subject to this article shall ensure that all pro ducts clearly display the following information on each product c ontainer which is

manufactured on or after the effective date for the category specified in section 94509(a), except that for nonchemically cur ing sealant or caulking compound (nonaerosol), the effective date of this r equirement is December 31, 2010, and for chemically curing sealant or caul king compound (nonaerosol), the effective date of this requiremen t is December 31, 2012:

(A) The product category as specified in section 94 509(a) or an abbreviation of the category shall be displayed;

(B) 1.The applicable VOC standard for the product t hat is specified in

section 94509(a), except for Energized Electrical C leaner, expressed as a percentage by weight, shall be displ ayed unless the product is included in an alternative control p lan approved by the Executive Officer, as provided in Article 4, Se ctions 94540- 94555, Title 17, California Code of Regulations, an d the product exceeds the applicable VOC standard;C ons u m e r P ro duct s R e g u l at i on 87 2. If the product is included in an alternative con trol plan approved by the Executive Officer, and the product exceeds t he applicable VOC standard specified in section 94509(a), the pro duct shall be labeled with the term “ACP” or “ACP product;”

(C) If the product is classified as a special purp ose spray adhesive, the applicable substrate and/or application or an abbre viation of the substrate/application that qualifies the product as special purpose shall be displayed;

(D) If the manufacturer or responsible party uses an abbreviation as allowed by this subsection 94512(d)(1)(A), an explanation o f the abbreviation

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

(2) The information required in section 94512(d)(1) , shall be displayed on the product container such that it is readily observabl e without removing or disassembling any portion of the product container or packaging. For the purposes of this subsection, information may be dis played on the bottom of a container as long as it is clearly legible without removing any product packaging.

(3) No person shall remove, alter, conceal, or defa ce the information required in section 94512(d)(1) prior to final sale of the prod uct.

(e) Additional Requirements for Multi-purpose Solvent a nd 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 pers on shall sell, supply, offer for sale, or manufacture for use in Californi a any “Flammable” or “Extremely Flammable” Multi-purpose Solvent or Pain t Thinner named, on the Principle Display Panel as “Paint Thinner,” “Multi- purpose Solvent,” “Clean-up Solvent,” or “Paint Clean-up.”

(2) Section 94512(e)(1) does not apply to products that meet either of the following criteria:

(A) Products which include an attached “hang tag,” sticker, or contrasting square or rectangular area on the Principle Display Panel that displays, at a minimum, the following statements in a font si ze as large as, or larger than, the “signal word” (i.e., “DANGER,” “WA RNING,” or “CAUTION”) as specified in title 16, Code of Federa l Regulations,

section 1500.121:C ons u m e r P ro duct s R e g u l at i on 88 “Formulated to meet California VOC limits; see warn ings on label; Vea las advertencias en la etiqueta, formulado comp lacientes con leyes de California” or

(B) Products where the Principle Display Panel disp lays, 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 ch emical compound (e.g., “Acetone,” “Methyl acetate,” etc.) that resu lts in the product meeting the criteria for “Flammable” or “Extremely Flammable.”

(3) For the purposes of this subsection (e), a prod uct is “Flammable” or Extremely

Flammable” if it is labeled as “Flammable” or “Extr emely Flammable” on the product container, or if the product meets the crit eria for these terms specified in title16, Code of Federal Regulations, section 15 00.3(c)(6).

NOTE: Authority cited: Sections 39600, 39601 and 41 712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code.

§ 94513. Reporting Requirements.

(a) Upon 90 days written notice, the Executive Offi cer may require any responsible party to report information for any con sumer product or products the Executive Officer may specify including, but not li mited to, all or part of the information: specified in the following subsections (a)(1) through (a)(12). If the responsible party does not have or does not provide the information requested by the Executive Officer, the Executive Officer may require the reporting of this information by the person that has the information, including, but not limited to, any formulator, manufacturer, supplier, parent comp any, private labeler, distributor, or repackager.

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

person;

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

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

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

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

(6) an identification of each product brand name an d form as a “Household Product,” “I&I Product,” or both;C ons u m e r P ro duct s R e g u l at i on 89

(7) separate California sales in pounds per year, t o the nearest pound, and the

method used to calculate California sales for each product form;

(8) for information submitted by multiple companies , an identification of each company which is submitting relevant data separate from that submitted by the responsible party. All information from all compan ies shall be submitted by the date specified in Section 94513(a);

(9) for each product brand name and form, the net p ercent 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 tha t are not fragrances (D) Total All Non-Carbon-Containing Compounds (E) Total Fragrance (F) For products containing greater than two perce nt by weight fragrance, but excluding “personal fragrance products”: (i) the percent of fragrance that are LVP-VOCs, an d (ii) the percent of fragrance that are all other ca rbon-containing compounds (G) For “personal fragrance products,” the density of the fragrance (H) Total Para-dichlorobenzene

(10) for each product brand name and form, the iden tity, including the specific

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

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

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

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

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

(c) All information submitted by any person pursuan t to Section 94513 shall be handled in accordance with the procedures specified in Titl e 17, California Code of Regulations, Sections 91000-91022.C ons u m e r P ro duct s R e g u l at i on 90

(d) Special Reporting Requirements for Aerosol Adhesive s

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

offered for sale in California:

(1) data regarding product sales and composition fo r 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 developmen t efforts undertaken to achieve VOC limits lower than the limits specified in section 94509(a). The written update must include detailed information ab out the raw materials (solvents, propellants, resins, and polymers) and h ardware (valves, actuators, cans) used in product reformulation, the testing protocols used, the results of the testing, and the cost of reformu lation efforts.

(3) On or before December 31, 2003, the Executive O fficer shall notify responsible parties in writing that they are to sub mit aerosol adhesive product and research data by March 31, 2004.

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

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

(A) consumer products that are subject to section 9 4509(a) and contain
perchloroethylene or methylene chloride, and

(B) Energized Electrical Cleaners as defined in sec tion 94508(a), that contain perchloroethylene or methylene chloride. F or the purposes of this subsection, a product “contains perchloroethyl ene or methylene chloride” if the product contains 1.0 percent or mo re by weight (exclusive of the container or packaging) of either perchloroe thylene or methylene

chloride.

(2) For each consumer product that contains perchlo roethylene or methylene chloride, the responsible party shall report the fo llowing information for products sold in California during each calendar ye ar, beginning with the year 2000, and ending with the year 2010.

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

(B) the product category to which the consumer prod uct belongs;C ons u m e r P ro duct s R e g u l at i on 91 (C) the applicable product form(s) (listed separate ly);

(D) for each product form listed in (C), the total sales in California during the calendar year to the nearest pound (exclusive of th e container or packaging), and the method used for calculating the California sales;

(E) the weight percent, to the nearest 0.10 percent , of perchloroethylene and methylene chloride in the consumer product.

(3) The information specified in subsection 94513(e )(2) shall be reported for each calendar year by March 1 of the following year . 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, 201 1, when the last report is

due.

(4) Upon request, the Executive Officer shall make the perchloroethylene information submitted pursuant to this subsection a vailable to publicly owned treatment works in California, in accordance with t he 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 Office r shall evaluate the information, along with data on influent and efflue nt levels of perchloroethylene as reported by publicly-owned tre atment works personnel and any other relevant information, to de termine if it is likely that publicly-owned treatment works are experiencin g increased levels of perchloroethylene, relative to 1996 levels, that can be attributed to consumer products which contain perchloroethylene.

(B) If the Executive Officer determines that it is likely that increased perchloroethylene levels at the publicly-owned trea tment works are caused by increased levels of perchloroethylene in consumer products subject to this regulation, then the Executive Offi cer shall, in conjunction with the publicly-owned treatment works and other a ppropriate parties, implement measures which are feasible, appropriate, and necessary for reducing perchloroethylene levels at the publicly-o wned treatment works.

(f) Special Reporting Requirements for Multi-purpos e Lubricant and Penetrant products

(1) On or before March 31, 2012, all responsible pa rties for Multi-purpose Lubricant and Penetrant products shall report to th e Executive Officer the following information for products sold or offered for sale in California:

(A) data regarding product sales and composition fo r the year 2011, including the information listed in section 94513(a ), the entire product label; andC ons u m e r P ro duct s R e g u l at i on 92 (B) a written update of the research and developmen t efforts undertaken to achieve the 25 percent VOC limits specified in sect ion 94509(a). The written update must include detailed information ab out the raw materials evaluated for use, maximum incremental reactivity ( 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 r eformulation efforts.

(2) On or before March 31, 2014, all responsible p arties for Multi-purpose Lubricant products shall report to the Executive Of ficer the following information for products sold or offered for sale i n California:

(A) data regarding product sales and composition fo r the year 2013, including the information listed in Section 94513(a ), the entire product label; and

(B) a written update of the research and developmen t efforts undertaken to achieve the 10 percent VOC limit specified in se ction 94509(a). The written update must include detailed information ab out 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 reformulati on efforts.

(g) Special Reporting Requirements for Multi-purpose So lvent and Paint Thinner products

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

California:

(A) data regarding product sales and composition fo r the year 2011, including the information listed in section 94513(a ), and the entire product label; and

(B) a written update of the research and developmen t efforts undertaken to achieve the 3 percent VOC limits specified in se ction 94509(a). The written update must include detailed information ab out the raw materials evaluated for use; maximum incremental re activity (MIR) values for any VOC or LVP- VOC used or evaluated; t he function of the raw material evaluated; the testing protocols u sed; the results of the testing; and the cost of reformulation efforts.

NOTE: Authority cited: Sections 39600, 39601, 41511 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000, 41511 and 41712, Health and Safety Code.C ons u m e r P ro duct s R e g u l at i on 93

§ 94514. Variances

.

(a) Applications for variances. Any person who cannot comply with the requirements set forth in Section 94509, because of extraordinar y reasons beyond the person's reasonable control may apply in writing to the Exec utive 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 t he provisions of Section 94509 will be achieved;

(3) a compliance report reasonably detailing the me thod(s) by which compliance will be achieved, and

(4) for applicants requesting a variance from the J une 1, 1999, 55 percent VOC standard for hairspray products, the variance appli cation shall also include a plan describing how the applicant will mitigate the excess VOC emissions that would be emitted during the period of the variance.

(b) Notices and public hearings for variances. Upon receipt of a variance application containing the information required in subsection ( a), the Executive Officer shall hold a public hearing to determine whether, under w hat 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 th an 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 da ys 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 reques ts such notice, not less than 30 days prior to the hearing. The notice shall sta te 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 c onfidential, 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:C ons u m e r P ro duct s R e g u l at i on 94

(1) that, because of reasons beyond the reasonable control of the applicant, requiring compliance with Section 94509 would resul t in extraordinary economic hardship.

(2) that the public interest in mitigating the extr aordinary hardship to the applicant by issuing the variance outweighs the pub lic interest in avoiding any increased emissions of air contaminants which w ould result from issuing

the variance.

(3) that the compliance report proposed by the appl icant can reasonably be reasonably be implemented, and will achieve complia nce 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 pr ogress necessary to assure timely compliance, and such other conditions that t he Executive Officer, in consideration of the testimony received at the hear ing, finds necessary to carry out the purposes of Division 26 of the Health and Safet y Code.

(f) Situations in which variances shall cease to be eff ective. A variance shall cease to be effective upon failure of the party to whom t he 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, m odify 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 f rom the June 1, 1999, 55 percent VOC standard for hairspray products, the Executive Officer, in addition to any other conditions that may be imposed, shall require the applicant to mitigate the excess VOC emissions that would be emi tted during the period of the variance. If this mitigation requirement would res ult in an extraordinary economic hardship to the applicant, or if other good cause e xists, the Executive Officer may waive all or part of this requirement.

NOTE: Authority cited: Sections 39600, 39601 and 41 712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code.C ons u m e r P ro duct s R e g u l at i on 95

§ 94515. Test Methods.

(a)(1) VOC and GWP compound content determination using AR B Method 310

. Testing to determine compliance with the requiremen ts of this article, shall be performed using Air Resources Board Method 310, Det ermination of Volatile Organic Compounds (VOC) in Consumer Products and Re active Organic Compounds in Aerosol Coating Products, adopted Sept ember 25, 1997 and as last amended on September 29, 2011, which is incorp orated herein by reference. Alternative methods which are shown to accurately d etermine the concentration of VOCs in a subject product or its emissions may b e used upon approval of the

Executive Officer.

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

Sections 3.5, 3.6, and 3.7 of Air Resources Board M ethod 310

3.5 Initial Determination of VOC Content. The Executive Officer will determine the VOC content pursuant to sections 3.2 and 3.3. Only those components with concentrations equal to or greater than 0.1 pe rcent by weight will be reported.

3.5.1 Using the appropriate formula specified in se ction 4.0, the Executive

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

confirm the initial results.

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

3.5.3 If the information supplied by the manufactur er or responsible party shows that the product does not meet the applicable VOC standards, then the Executive Officer will take appropriate en forcement action.C ons u m e r P ro duct s R e g u l at i on 96 3.5.4 If the manufacturer or responsible party fail s to provide formulation data as specified in section 3.5.2, the initial det ermination of VOC

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

3.6 Determination of the LVP-VOC status of compound s and mixtures. This section does not apply to antiperspirant and deodor ants or aerosol coating products because there is no LVP-VOC exemption for these products.

3.6.1 Formulation data. If the vapor pressure is u nknown, the following ASTM methods, which are incorporated by reference h erein, may be used to determine the LVP-VOC status of compounds a nd mixtures: ASTM D 86-01 (Aug. 10, 2001), ASTM D 850-00 (Dec. 1 0, 2000), ASTM D 1078-01 (June 10, 2001), ASTM D 2879-97 (Apr il 10, 1997), as modified in Appendix B to this Method 310, ASTM D 2887-01 (May 10, 2001) and ASTM E 1719-97 (March 10, 1997).

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

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

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

3.6.3 Reference method for identification of LVP-V OC compounds and mixtures. If a product does not qualify as an LVP- VOC under 3.6.2, the Executive Officer will test a sample of the com pound or mixture used in a product’s formulation utilizing one or bo th of the following: ASTM D 2879-97 (April 10, 1997), as modified in App endix B to this Method 310, and ASTM E 1719-97 (March 10, 1997), to determine if the compound or mixture meets the requirements of T itle 17, CCR, section 94508(a)(98)(A).

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

data.

3.7.1 If the accuracy of the supplied 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.C ons u m e r P ro duct s R e g u l at i on 97 3.7.2 If the Executive Officer is unable to verify the accuracy of the supplied formulation data, then the Executive Officer will r equest the product manufacturer or responsible party to supply informa tion to explain the discrepancy.

3.7.3 If there exists a discrepancy that cannot be resolved between the results of Method 310 and the supplied formulation data, then the results of Method 310 shall take precedence over th e supplied

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

.

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

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

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

VOC Content = B - C x 100

A

where,

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

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

C = total weight of VOCs exempted under Section 945 10, per unit

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

this article.

(c) Aromatic Compound content determination for Multi-p urpose Solvent or Paint Thinner using ARB Method 310 . Testing to determine compliance with the requirements of section 94509(p)(1), shall be perfo rmed using Air Resources BoardC ons u m e r P ro duct s R e g u l at i on 98

Method 310, Determination of Volatile Organic Compo unds (VOC) in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products, adopted September 25, 1997 and as last amended on September 29, 2011, 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(p)(1), may a lso be demonstrated through calculation of Aromatic Compound content from recor ds of the amounts of constituents used to make the product pursuant to t he following criteria:

(1) Compliance determination s based on these records may not be used unless the manufacturer of a Multi-purpose Solvent or Pain t Thinner keeps accurate records for each day of production of the amount an d 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 equa tion:

Aromatic Compound Content = E x 100

D

where, D = total net weight of unit (excluding container a nd packaging)

E = total weight of all Aromatic Compounds, as defi ned in Section 94508(a), per unit

(3) If product records appear to demonstrate compli ance 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 establi sh a violation of the requirements of this article.

(e) Determination of liquid or solid. Testing to d etermine whether a product is a liquid or solid shall be performed using ASTM D4359-90 (May 2 5, 1990), which is incorporated by reference herein.

(f) Compliance determinations for charcoal lighter material products. Testing to determine compliance with the certification require ments for charcoal lighter material shall be performed using the procedures specified i n the South Coast Air QualityC ons u m e r P ro duct s R e g u l at i on 99

Management District Rule 1174 Ignition Method Compl iance Certification Protocol (February 28, 1991), which is incorporated by refer ence herein.

(g) Testing to determine distillation points of pet roleum distillate-based charcoal lighter materials shall be performed using ASTM D86-01 (Aug . 10, 2001), which is incorporated by reference herein.

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

(i) No person shall create, alter, falsify, or oth erwise modify records in such a way that the records do not accurately reflect the constitue nts used to manufacture a product, the chemical composition of the individual product, and any other test, processes, or records used in connection with product manufacture

.

NOTE: Authority cited: Sections 39600, 39601, 39607 , 41511 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 39607, 40000, 415 11 and 41712, Health and Safety Code.

§ 94516. Severability

.

Each part of this article shall be deemed severable , and in the event that any part of this article is held to be invalid, the remainder o f this article shall continue in full force

and effect.

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

§ 94517. Federal Enforceability

.

For purposes of federal enforceability of this arti cle, the Environmental Protection Agency is not subject to approval determinations ma de by the Executive Officer under Sections 94511, 94514, and 94515. Within 180 days of a request from a person who has been granted an exemption or varianc e under Section 94511 or 94514, an exemption or variance meeting the require ments of the Clean Air Act shall be submitted by the Executive Officer to the Enviro nmental Protection Agency for inclusion in the applicable implementation plan app roved 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 ex emption granted under Section 94511 as a revision to the applicable implementatio n plan, the Executive Officer shall hold a public hearing on the proposed exempti on. Notice of the time and place of the hearing shall be sent to the applicant by ce rtified 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 ProtectionAgency, 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 Exec utive Officer shall notify the applicant of the decision in writing as provided in Section 94511(f). The decision may approve, disapprove, or modify an exemption pre viously granted pursuant to

Section 94511.

NOTE: Authority cited: Section 39600, 39601, 39602, and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 39602, 4000 0, and 41712, Health and Safety

Cod

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