California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 1 - Antiperspirants and Deodorants › Section 94506 - Test Methods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) Testing to determine the volatile organic
					 compound of an antiperspirant or deodorant, or to determine compliance with the
					 requirements of this article, shall be performed using California Air Resources
					 Board Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer
					 Products and Reactive Organic Compounds (ROC) in Aerosol Coating Products,
					 adopted September 25, 1997, and as last amended on August 1, 2022, which is
					 incorporated herein by reference. Alternative methods which are shown to
					 accurately determine the concentration of VOCs in a subject product or its
					 emissions may be used upon approval of the Executive Officer.
(2) Sections
					 3.4 and
					 3.6 of California Air Resources
					 Board (CARB) Method 310 describe the process for the "Initial Determination of
					 VOC Content" and the "Final Determination of VOC Content." This process is an
					 integral part of the testing procedure set forth in CARB Method 310, and is
					 reproduced below:
Sections
						3.4 and
						3.6 of California Air Resources
						Board Method 310
3.4
Initial
					 Determination of VOC Content
. If the Executive Officer makes a VOC
					 content determination, they shall do so pursuant to sections
					 3.2 and
					 3.3. Only those components with
					 concentrations equal to or greater than 0.1 percent by weight shall be
					 reported.
3.4.1 Using the appropriate equation
					 specified in section
					 4.0, the Executive Officer shall
					 make an initial determination of whether the product meets the applicable VOC
					 standards specified in the Consumer Products Regulations, under sections
					 94502 and
					 94509. If initial results show
					 that the product does not meet the applicable VOC standards, the Executive
					 Officer may perform additional testing to confirm the initial
					 results.
3.4.2 If the results
					 obtained under section
					 3.4.1 show that the product does
					 not meet the applicable VOC standards, the Executive Officer may request the
					 responsible party to supply product formulation data to confirm compliance with
					 the applicable VOC standard. The responsible party shall supply the requested
					 information within 25 working days of the request. Information submitted to the
					 Executive Officer may be claimed as confidential. The Executive Officer shall
					 handle confidential information in accordance with Title 17, CCR, sections
					 91000 to
					 91022. Failure to respond to an
					 Executive Officer request for this information is a violation.
3.4.3 If the Executive Officer determines,
					 based on testing, information they may receive from the responsible party, and
					 any other applicable evidence, that the product does not comply with the
					 applicable VOC standard, the Executive Officer will take appropriate
					 enforcement action.
3.6
Final Determination of VOC Content.
If a product's compliance
					 status is not satisfactorily resolved under section
					 3.4 and
					 3.5, the Executive Officer may
					 conduct further analyses and testing as necessary based on the Executive
					 Officer's scientific judgment to verify the formulation data.
3.6.1 If the Executive Officer is unable to
					 verify the accuracy of the supplied formulation data, then the Executive
					 Officer may ask the responsible party to supply additional information to
					 explain the discrepancy.
3.6.2 If
					 there exists a discrepancy that cannot be resolved between the results of
					 Method 310 and the supplied formulation data, then the results of Method 310
					 shall take precedence over the supplied formulation data. The results of Method
					 310 shall then determine if the product is in compliance with the applicable
					 VOC standards, and may be used to establish a violation of CARB
					 regulations.