California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 3 - Aerosol Coating Products › Section 94521 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
					 purposes of this article, the following definitions apply:
(1) "Adhesive" means a product used to bond
					 one surface to another by attachment.
(2) "Aerosol Coating Product" means a
					 pressurized coating product containing "Pigment" or "Resin" that dispenses
					 product ingredients by means of a propellant, and is packaged in a disposable
					 aerosol container for hand-held application, or for use in specialized
					 equipment for ground traffic/marking applications. An "Aerosol Coating Product"
					 may include other "Coating Solid" ingredients. "Aerosol Coating Product" does
					 not include products subject to the Consumer Products Regulation, sections
					 94507-94517 or the Antiperspirants
					 and Deodorants Regulation, sections
					 94500-94506.5.
(3) "Antimicrobial Compound" means any
					 ingredient added to an "Aerosol Coating Product" exclusively to prevent
					 microbial growth or product spoilage.
(4) "Anti-Static Product" means a product
					 that is designed and labeled to eliminate, prevent, or inhibit the accumulation
					 of static electricity.
(5) "Art
					 Fixative or Sealant" means a clear "Aerosol Coating Product," including art
					 varnish, workable art fixative, and ceramic coating, which is designed and
					 labeled exclusively for application to paintings, pencil, chalk, or pastel
					 drawings, ceramic art pieces, or other closely related art uses, in order to
					 provide a final protective coating or to fix preliminary stages of artwork
					 while providing a workable surface for subsequent revisions.
(6) "ASTM" means ASTM
					 International.
(7) "Auto Body
					 Primer" means an "Aerosol Coating Product" designed and labeled exclusively to
					 be applied to a vehicle body substrate to provide corrosion resistance or to
					 build a repair area to a condition in which, after drying, can be sanded to a
					 smooth surface.
(8) "Automotive
					 Bumper and Trim Product" means an "Aerosol Coating Product," including adhesion
					 promoters and chip sealants, designed and labeled exclusively to repair and
					 refinish automotive bumpers and automotive plastic trim parts.
(9) "Aviation Propeller Coating" means an
					 "Aerosol Coating Product" designed and labeled exclusively to provide abrasion
					 resistance and corrosion protection for aircraft propellers.
(10) "Aviation or Marine Primer" means an
					 "Aerosol Coating Product" designed and labeled exclusively to meet federal
					 specification TT-P-1757.
(11) "Base
					 Reactive Organic Gas Mixture" (Base ROG Mixture) means the mixture of reactive
					 organic gases utilized in deriving the MIR scale.
(12) "Belt Dressing" means a product applied
					 to vehicular fan belts, water pump belting, power transmission belting, or
					 industrial and farm machinery belting to prevent slipping, or to extend belt
					 life.
(13) "Cleaner" means a
					 product designed and labeled primarily to remove soil or other contaminants
					 from surfaces.
(14) "Clear Coating"
					 means an "Aerosol Coating Product" which is colorless or transparent,
					 containing resins but no pigments except flatting agents, and is designed and
					 labeled to form a transparent or translucent solid film.
(15) "Coating" means a material applied onto
					 or impregnated into a substrate for protective, decorative, or functional
					 purposes.
(16) "Coating Solid"
					 means any nonvolatile ingredient of an "Aerosol Coating Product."
(17) "Commercial Application" means the use
					 of an "Aerosol Coating Product" in the production of goods, or the providing of
					 services for profit, including touch-up and repair.
(18) "Corrosion Resistant Brass, Bronze, or
					 Copper Coating" means a clear "Aerosol Coating Product" designed and labeled
					 exclusively to prevent tarnish and corrosion of uncoated brass, bronze, or
					 copper metal surfaces.
(19)
					 "Distributor" means any person to whom an "Aerosol Coating Product" is sold or
					 supplied for the purposes of resale or distribution in commerce, except that
					 manufacturers, retailers, and consumers are not distributors.
(20) "Dye" means a product containing no
					 resins which is used to color a surface or object without building a
					 film.
(21)
					 "Electrical/Electronic/Conformal Coating" means an "Aerosol Coating Product"
					 designed and labeled exclusively to coat electrical or electronic components or
					 devices.
(22) "Engine Coating"
					 means an "Aerosol Coating Product" designed and labeled exclusively to coat
					 engines and their components.
(23)
					 "Exact Match Finish" means an "Aerosol Coating Product" which meets all of the
					 following criteria:
(A) the product is
					 labeled with the manufacturer's name for which they were formulated;
					 and
(B) the product is labeled with
					 one of the following:
1. the original
					 equipment manufacturer's (O.E.M.) color code number;
2. the color name; or
3. other designation identifying the specific
					 O.E.M. color to the purchaser.
(24) "Exact Match Finish, Automotive" means
					 an "Aerosol Coating Product" which meets the definition of "Exact Match Finish"
					 and is designed and labeled exclusively to exactly match the color of an
					 original, factory-applied automotive coating during the touch-up of automobile
					 finishes. Notwithstanding the foregoing, automotive clear coatings designed and
					 labeled exclusively for use over automotive exact match finishes to replicate
					 the original factory applied finish are "Exact Match Finish, Automotive"
					 products.
(25) "Exact Match Finish,
					 Engine" means an "Aerosol Coating Product" which meets the definition of "Exact
					 Match Finish" and is designed and labeled exclusively to exactly match the
					 color of an original, factory-applied engine coating.
(26) "Exact Match Finish, Industrial" means
					 an "Aerosol Coating Product" which meets the definition of "Exact Match Finish"
					 and is designed and labeled exclusively to exactly match the color of an
					 original, factory-applied industrial coating during the touch-up of
					 manufactured products.
(27)
					 "Executive Officer" means the Executive Officer of the California Air Resources
					 Board (CARB or ARB) or their delegate.
(28) "Extender" means an ingredient added to
					 an "Aerosol Coating Product" to increase coating solids.
(29) "Flat Coating" means an "Aerosol Coating
					 Product" which, when fully dry, registers specular gloss less than or equal to
					 15 on an 85o gloss meter, or less than or equal to 5 on a 60o gloss meter, or
					 which is labeled as a flat coating. A "Flat Coating" that prominently displays
					 on the "Principal Display Panel" that the product is a dual function paint and
					 primer, and is packaged in a single aerosol container, is a "Flat
					 Coating."
(30) "Flatting Agent"
					 means an ingredient added to a coating to reduce the gloss of the coating
					 without adding color to the coating.
(31) "Flexible Coating" means an "Aerosol
					 Coating Product" designed and labeled exclusively to provide a flexible coating
					 to protect surfaces. "Flexible Coating" includes, but is not limited to,
					 rubberized, mastic, or asphaltic products. "Flexible Coating" does not include
					 "Undercoating" as defined in section
					 94508(a).
(32) "Floral Coating" means an "Aerosol
					 Coating Product" designed and labeled exclusively for use on fresh flowers,
					 dried flowers, or other items in a floral arrangement for the purposes of
					 coloring, preserving or protecting their appearance.
(33) "Fluorescent Coating" means an "Aerosol
					 Coating Product" labeled as a fluorescent coating, which converts absorbed
					 incident light energy into emitted light of a different hue.
(34) "Fragrance" means a substance or complex
					 mixture of aroma chemicals, natural essential oils, and other functional
					 components with a combined vapor pressure not in excess of 2 mm of Hg at
					 20°C, the sole purpose of which is to impart an odor or scent, or to
					 counteract a malodor.
(35) "General
					 Coating" means the following aerosol coating products: "Clear Coating," "Flat
					 Coating," "Fluorescent Coating," "Metallic Coating," "Nonflat Coating," or
					 "Primer."
(36) "Glass Coating"
					 means an "Aerosol Coating Product" designed and labeled exclusively for use on
					 glass or other transparent material to create a soft, translucent light effect,
					 or to create a tinted or darkened color while retaining transparency.
(37) "Ground Traffic/Marking Coating" means
					 an "Aerosol Coating Product" designed and labeled exclusively to be applied to
					 dirt, gravel, grass, concrete, asphalt, warehouse floors, or parking lots.
					 Ground Traffic/Marking coatings must be in a container equipped with a valve
					 and sprayhead designed to direct the spray toward the surface when the can is
					 held in an inverted vertical position.
(38) "High Temperature Coating" means an
					 "Aerosol Coating Product" designed and labeled exclusively for application to
					 substrates exposed continuously or intermittently to temperatures above
					 204°C (400°F) . "High Temperature Coating" does not include "Engine
					 Coating."
(39) "Hobby/Model/Craft
					 Coating" means an "Aerosol Coating Product" which is designed and labeled
					 exclusively for hobby applications and is sold in aerosol containers of 6
					 ounces by weight or less.
(40)
					 "Ingredient" means a component of an "Aerosol Coating Product."
(41) "Ink" means a fluid or viscous substance
					 used in the printing industry to produce letters, symbols or illustrations, but
					 not to coat an entire surface.
(42)
					 "Label" means any written, printed, or graphic matter affixed to, applied to,
					 attached to, blown into, formed, molded into, embossed on, or appearing upon
					 any consumer product or consumer product package, for purposes of branding,
					 identifying, or giving information with respect to the product or to the
					 contents of the package.
(43)
					 "Layout Fluid" (or toolmaker's ink) means an "Aerosol Coating Product" designed
					 and labeled exclusively to be sprayed on metal, glass or plastic, to provide a
					 glare-free surface on which to scribe designs, patterns or engineering guide
					 lines prior to shaping the piece.
(44) "Leather Preservative or Cleaner" means
					 a leather treatment material applied exclusively to clean or preserve
					 leather.
(45) "Lubricant" means a
					 product that reduces friction, heat, noise, or wear between moving parts, or
					 loosens rusted or immovable parts or mechanisms.
(46) "Manufacturer" means any person who
					 imports, manufactures, assembles, produces, packages, repackages, or relabels a
					 consumer product.
(47) "Marine Spar
					 Varnish" means an "Aerosol Coating Product" designed and labeled exclusively to
					 provide a protective sealant for marine wood products.
(48) "Maskant" means a product applied
					 directly to a component to protect surface areas from damage during
					 fabrication, inspection, or shipment and must not leave a residue when
					 removed.
(49) "Maximum Incremental
					 Reactivity" (MIR) means the maximum change in weight of ozone formed by adding
					 a compound to the "Base ROG Mixture" per weight of compound added, expressed to
					 hundredths of a gram (g O3/g ROC). MIR values for
					 individual compounds and hydrocarbon solvents are specified in sections
					 94700 and
					 94701, Title 17, California Code
					 of Regulations.
(50) "Metallic
					 Coating" means an "Aerosol Coating Product" which contains at least 0.5 percent
					 by weight metallic pigment in the formulation, including propellant, and is
					 labeled as "metallic," or with the name of a specific metallic finish such as
					 "gold," "silver," or "bronze." A "Metallic Coating" that prominently displays
					 on the "Principal Display Panel" that the product is a dual function paint and
					 primer, and is packaged in a single aerosol container, is a "Metallic
					 Coating."
(51) "Mold Release
					 Coating" means an "Aerosol Coating Product" designed and labeled exclusively to
					 be applied to molds to prevent products from sticking to the surfaces of the
					 mold.
(52) "Multi-component Kit"
					 means an "Aerosol Coating Product" system which requires the application of
					 more than one component (for example, foundation coat and top coat), where both
					 components are sold together in one package.
(53) "Nonflat Coating" means an "Aerosol
					 Coating Product" which, when fully dry, registers a specular gloss greater than
					 15 on an 85° gloss meter or greater than 5 on a 60° gloss meter, or
					 which is labeled as a nonflat coating. A "Nonflat Coating" that prominently
					 displays on the "Principal Display Panel" that the product is a dual function
					 paint and primer, and is packaged in a single aerosol container, is a "Nonflat
					 Coating."
(54) "Ozone" means a
					 colorless gas with a pungent odor, having the molecular form
					 O3.
(55)
					 "Photograph Coating" means an "Aerosol Coating Product" designed and labeled
					 exclusively to be applied to finished photographs to allow corrective
					 retouching, protection of the image, changes in gloss level, or to cover
					 fingerprints.
(56) "Pigment" means
					 a "Coating Solid" of either natural or synthetic insoluble material added to a
					 coating to provide color, opacity, or corrosion inhibition to a coating
					 film.
(57) "Plasticizer" means an
					 ingredient added to an "Aerosol Coating Product" to aid in
					 flexibility.
(58) "Pleasure Craft"
					 means privately owned vessels used for noncommercial purposes.
(59) "Pleasure Craft Finish
					 Primer/Surfacer/Undercoater" means an "Aerosol Coating Product" designed and
					 labeled exclusively to be applied prior to the application of a "Pleasure Craft
					 Topcoat" for the purpose of corrosion resistance or adhesion of the topcoat,
					 and which promotes a uniform surface by filling in surface
					 imperfections.
(60) "Pleasure Craft
					 Topcoat" means an "Aerosol Coating Product" designed and labeled exclusively to
					 be applied to a "Pleasure Craft" as a final coat above the waterline and below
					 the waterline when stored out of water.
(61) "Polyolefin Adhesion Promoter" means an
					 "Aerosol Coating Product" designed and labeled exclusively to be applied to a
					 polyolefin or polyolefin copolymer surface of vehicular body parts, bumpers, or
					 trim parts to provide a bond between the surface and subsequent
					 topcoats.
(62) "Primer" means an
					 "Aerosol Coating Product" labeled as a primer, which is designed and labeled to
					 be applied to a surface to provide a bond between that surface and subsequent
					 coats.
(63) "Principal Display
					 Panel or Panels" means that part, or those parts of a label that are so
					 designed as to most likely be displayed, presented, shown or examined under
					 normal and customary conditions of display or purchase. Whenever a principal
					 display panel appears more than once, all requirements pertaining to the
					 "Principal Display Panel" shall pertain to all such "Principal Display
					 Panels."
(64) "Product-Weighted
					 MIR" (PWMIR) means the sum of all weighted-MIR for all ingredients in an
					 "Aerosol Coating Product." The PWMIR is the total product reactivity expressed
					 to hundredths of a gram of ozone formed per gram of product (excluding
					 container and packaging) and calculated according to the following equations:
(a) Weighted MIR (Wtd-MIR) ingredient = MIX x
					 Weight fraction ingredient, and,
(b) Product Weighted MIR =
					 (Wtd-MIR)1 + (Wtd-MIR)2 +...+
					 (Wtd-MIR)n
where,
MIR
=
ingredient MIR, as
								specified in section
								94522(i);
Wtd-MIR
=
MIR of each
								ingredient in a product multiplied by the weight fraction of that ingredient,
								as shown in (a);
1,2,3,...,n
=
each
								ingredient in the product up to the total n ingredients in the product.
(65) "Propellant" means a liquefied or
					 compressed gas that is used in whole or in part, to expel a liquid or any other
					 material from the same self-pressurized container or from a separate
					 container.
(66) "Reactivity Limit"
					 means the maximum ozone forming potential of ingredients (excluding container
					 and packaging) allowed in an "Aerosol Coating Product," expressed as the
					 PWMIR.
(67) "Reactive Organic
					 Compound (ROC)" means any compound containing at least one atom of carbon and
					 that has the potential, once emitted, to contribute to ozone formation in the
					 troposphere.
(68) "Resin" means a
					 "Coating Solid" that comprises the film-forming ingredients in an "Aerosol
					 Coating Product." Examples of resin ingredients include acrylic, alkyd, enamel,
					 epoxy, lacquer, polyurethane, polyvinyl chloride, shellac, silicone, and
					 polystyrene.
(69) "Responsible
					 Party" means the company, firm, or establishment which is listed on the
					 product's label. If the label lists two companies, firms or establishments, the
					 responsible party is the party which the product was "manufactured for" or
					 "distributed by", as noted on the label.
(70) "Retailer" means any person who sells,
					 supplies, or offers aerosol coating products for sale directly to
					 consumers.
(71) "Retail Outlet"
					 means any establishment where consumer products are sold, supplied, or offered
					 for sale, directly to consumers.
(72) "Rust Converter" means an "Aerosol
					 Coating Product" designed and labeled exclusively to convert rust to an inert
					 material and which contains a minimum acid content of 1.0 percent by weight,
					 and a maximum coating solids content of 6.0 percent by weight.
(73) "Specialty Coating" means any "Aerosol
					 Coating Product" that is not a "General Coating" unless specifically exempted
					 as specified in section
					 94523. An aerosol coating that
					 does not meet all the criteria for a specific "Specialty Coating" or an aerosol
					 coating that is not defined in this section
					 94521(a) is a
					 "General Coating."
(74) "Shellac
					 Sealer" means a clear or pigmented "Aerosol Coating Product" formulated solely
					 with the resinous secretion of the lac beetle (
Laccifer
					 lacca
), thinned with alcohol, and formulated to dry by evaporation
					 without a chemical reaction.
(75)
					 "Slip-resistant/Non-slip Grip Coating" means an "Aerosol Coating Product" (A)
					 designed and labeled exclusively as a slip-resistant coating, which is
					 formulated with grit and used as a safety coating; or (B) labeled exclusively
					 as a non-slip grip coating designed to reduce or prevent slipping.
(76) "Spatter/Multicolor/Stucco Coating"
					 means an "Aerosol Coating Product" (A) labeled exclusively as a spatter coating
					 which produces spots, globules, or spatters of individual or contrasting colors
					 appear on or within the surface of a contrasting or similar background; or (B)
					 labeled exclusively as a multicolor coating; or (C) labeled exclusively as a
					 stucco coating that is made from a mixture of Portland cement, sand, and
					 lime.
(77) "Two Component Coating"
					 means an "Aerosol Coating Product" packaged in an aerosol container with a
					 separate integrated chamber for the hardener or activator.
(78) "Uniform Finish Coating" means an
					 "Aerosol Coating Product" designed and labeled exclusively for application to
					 the area adjacent to a spot repair for the purpose of blending the spot
					 repair's color or clear coating to match the appearance of an adjacent area's
					 existing coating. For the purpose of this article, "Spot Repair" means repair
					 of an area of less than 1 square foot (929 square centimeters). "Uniform Finish
					 Coating" includes products labeled as edge blenders.
(79) "Upper-Limit Kinetic Reactivity" (ULKR)
					 means the maximum percentage of the emitted ROC which has reacted. For this
					 article, the ULKR is one hundred percent and is used to calculate the
					 ULMIR.
(80) "Upper-Limit
					 Mechanistic Reactivity" (ULMR) means the maximum gram(s) of ozone formed per
					 gram of ROC reacting. The ULMR is used to calculate the ULMIR.
(81) "Upper-Limit MIR" (ULMIR) means the
					 upper-limit kinetic reactivity (ULKR) multiplied by the upper-limit mechanistic
					 reactivity (ULMR), as calculated using the following equation:
ULMIR = Upper Limit KR x Upper Limit MR.
The units for ULMIR are g O3/g
						ROC.
(82)
					 "Vinyl/Fabric/Leather/Plastic Coating" means an "Aerosol Coating Product" (A)
					 designed and labeled exclusively to coat vinyl, fabric, leather, or plastic
					 substrates; or (B) designed and labeled exclusively to repel water from fabric
					 or leather substrates. "Vinyl/Fabric/Leather/Plastic Coating" does not include
					 "Fabric Protectant" as defined in section
					 94508(a).
(83) "Webbing/Veiling Coating" means an
					 "Aerosol Coating Product" designed and labeled exclusively to provide a
					 stranded or spider webbed appearance when applied.
(84) "Weight Fraction" means the weight of an
					 ingredient divided by the total net weight of the product, expressed to
					 thousandths of a gram of ingredient per gram of product (excluding container
					 and packaging). The weight fraction is calculated according to the following
					 equation:
Weight Fraction
=
Weight of the
								ingredient
Total product net weight
								(excluding container and packaging).
(85) "Weld-Through Primer" means an "Aerosol
					 Coating Product" designed and labeled exclusively to provide a bridging or
					 conducting effect for corrosion protection following welding.
(86) "Wood Stain Coating" means an "Aerosol
					 Coating Product" which is designed and labeled exclusively as a wood stain and
					 is used to change the color of a wood surface but not conceal the grain pattern
					 or texture.
(87) "Wood
					 Touch-Up/Repair/Restoration Coating" means an "Aerosol Coating Product"
					 designed and labeled exclusively to provide an exact color or sheen match on
					 finished wood products.
(88)
					 "Working Day" means any day between Monday through Friday, inclusive, except
					 for days that are federal holidays.