Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 31 - Control of Volatile Organic Compounds from Consumer Products › Section 250-RICR-120-05-31.5 - Definitions

Current through June 14, 2024
A. Unless otherwise expressly defined in this
				  section, the terms used in this regulation shall be defined by reference to
				  Part 0 of this Subchapter (General Definitions). As used in this regulation,
				  the following terms shall, where the context permits, be construed as follows:
1. "ACP agreement" means a document signed by
				  the CARB or NYSDEC which includes the conditions and requirements of an
				  Alternative Control Plan (ACP).
2.
				  "Adhesive" means any product that is used to bond one surface to another by
				  attachment, including, but not limited to, caulks, sealants and glues.
a. Adhesives do not include products used on
				  humans and animals, adhesive tape, contact paper, wallpaper, shelf liners, or
				  any other product with an adhesive incorporated onto or in an inert
				  substrate.
3. "Adhesive
				  remover" means a product designed to remove adhesives from either a specific
				  substrate or a variety of substrates.
4. "Aerosol adhesive" means an aerosol
				  product manufactured for consumer, industrial and/or commercial uses in which
				  the spray mechanism is permanently housed in a nonrefillable can designed for
				  hand-held application without the need for ancillary hoses or spray equipment.
				  Aerosol adhesives include special purpose spray adhesives, mist spray adhesives
				  and web spray adhesives.
5.
				  "Aerosol coating product" means a pressurized coating product containing
				  pigments or resins that dispenses product ingredients by means of a propellant
				  and is packaged in a disposable can for hand-held application or for use in
				  specialized equipment for ground traffic/marking applications.
6. "Aerosol cooking spray" means any aerosol
				  product designed either to reduce sticking on cooking and baking surfaces or to
				  be applied on food, or both.
7.
				  "Aerosol product" means a pressurized spray system that dispenses product
				  ingredients by means of a propellant or mechanically induced force.
a. Aerosol products do not include pump
				  sprays.
8. "Agricultural
				  use" means the use of any pesticide or method or device for the control of
				  pests in connection with the commercial production, storage or processing of
				  any animal or plant crop.
a. Agricultural use
				  does not include the sale or use of pesticides in properly labeled packages or
				  containers which are intended for home use, use in structural pest control,
				  industrial or institutional use.
b.
				  For the purposes of this definition only:
(1)
				  "Home use" means use in a household or its immediate environment.
(2) "Structural pest control" means a use
				  requiring a license for commercial applicators under the R.I. Gen. Laws §
													23-25-12, Pesticide
				  Control.
(3) "Industrial use" means
				  use for or in a manufacturing, mining, or chemical process or use in the
				  operation of factories, processing plants, and similar sites.
(4) "Institutional use" means use within the
				  lines of, or on property necessary for the operation of buildings such as
				  hospitals, schools, libraries, auditoriums, and office complexes.
9. "Air freshener"
				  means any consumer product including, but not limited to, sprays, wicks,
				  powders, and crystals, formulated for the purpose of masking of odors, or
				  freshening, cleaning, scenting or deodorizing the air. Air fresheners include
				  spray disinfectants, dual purpose air freshener or disinfectant products and
				  other products expressly represented for use as air fresheners. The presence of
				  and representations about a product's fragrance and ability, resulting from
				  surface application, to deodorize or eliminate odors shall not constitute a
				  claim of air freshening.
a. Air fresheners do
				  not include products that are:
(1) Used on
				  the human body, products that function primarily as cleaning
				  products;
(2) Disinfectant products
				  claiming to deodorize by killing germs on surfaces; or
(3) Toilet/urinal care products or
				  institutional/industrial disinfectants when offered for sale solely through
				  institutional and industrial channels of distribution.
b. To determine whether a product is an air
				  freshener, all verbal and visual representations regarding product use on the
				  label or packaging and in the product's literature and advertising may be
				  considered.
10. "All
				  other carbon-containing compounds" means all other compounds which contain at
				  least one carbon atom and are not exempt compounds or LVP-VOCs.
11. "All other forms" means any consumer
				  product form for which no form-specific VOC standard is specified. Unless
				  specified otherwise by the applicable VOC standard, all other forms include,
				  but are not limited to, solids, liquids, wicks, powders, crystals, and cloth or
				  paper wipes (towelettes).
12.
				  "Alternative control plan" or "ACP" means an emissions averaging program
				  approved by the CARB or the NYSDEC.
13. "Antimicrobial hand or body cleaner or
				  soap" means a cleaner or soap which is designed to reduce the level of
				  microorganisms on the skin through germicidal activity. Antimicrobial hand or
				  body cleaners or soaps include, but are not limited to, antimicrobial hand or
				  body washes/cleaners, foodhandler hand washes, healthcare personnel hand
				  washes, pre-operative skin preparations and surgical scrubs.
a. Antimicrobial hand or body cleaners or
				  soaps do not include prescription drug products, antiperspirants,
				  astringents/toners, deodorants, facial cleaners or soaps, general-use hand or
				  body cleaners or soaps, hand dishwashing detergents (including antimicrobial),
				  heavy-duty hand cleaners or soaps, medicated astringents/medicated toners, and
				  rubbing alcohol.
14.
				  "Antiperspirant" means any product including, but not limited to, aerosols,
				  roll-ons, sticks, pumps, pads, creams, and squeeze bottles, that is intended by
				  the manufacturer to be used to reduce perspiration in the human axilla by at
				  least twenty percent (20%) in at least fifty percent (50%) of the target
				  population.
15. "Anti-static
				  product" means a product that is labeled to eliminate, prevent or inhibit the
				  accumulation of static electricity.
a.
				  Anti-static products do not include electronic cleaners, floor polish or wax,
				  floor coatings, aerosol coating products and architectural coatings.
16. "Architectural coating" means
				  any coating which is applied to stationary structures and their appurtenances,
				  mobile homes, pavements or curbs.
17. "Aromatic compound" means a
				  carbon-containing compound that contains one or more benzene or equivalent
				  heterocyclic rings and has an initial boiling point less than or equal to two
				  hundred eighty degrees Celsius (280°C).
a. Aromatic compound does not include
				  compounds excluded from the definition of VOC in Part 0 of this Subchapter
				  (General Definitions).
18. "Artist's solvent or thinner" means:
a. Any liquid product, labeled to meet ASTM D
				  4236-94,"Standard Practice for Labeling Art Materials for Chronic Health
				  Hazards", incorporated in §
												31.4(A) of
				  this Part;
b. Packaged in a
				  container equal to or less than thirty-four (34) fluid ounces; and
c. Labeled to reduce the viscosity of, or
				  remove, art coating compositions or components.
19. "ASTM" means the American Society for
				  Testing and Materials.
20.
				  "Astringent/toner" means any product not regulated as a drug by the United
				  States Food and Drug Administration (FDA) which is applied to the skin for the
				  purpose of cleaning or tightening pores. This category also includes clarifiers
				  and substrate-impregnated products.
a.
				  Astringent/toner does not include any hand, face, or body cleaner or soap
				  product, medicated astringent/medicated toner, cold cream, lotion, or
				  antiperspirant.
21.
				  "Automotive brake cleaner" means, for products manufactured prior to January 1,
				  2020, a cleaning product designed to remove oil, grease, brake fluid, brake pad
				  material or dirt from motor vehicle brake mechanisms.
22. "Automotive hard paste wax" means an
				  automotive wax or polish which is: designed to protect and improve the
				  appearance of automotive paint surfaces; a solid at room temperature; and
				  contains zero percent (0%) water by formulation.
23. "Automotive instant detailer" means a
				  product designed for use in a pump spray that is applied to the painted surface
				  of automobiles and wiped off prior to the product being allowed to
				  dry.
24. "Automotive rubbing or
				  polishing compound" means a product 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.
25. "Automotive wax, polish, sealant or
				  glaze" means a product designed to seal out moisture, increase gloss, or
				  otherwise enhance a motor vehicle's painted surfaces. The automotive wax,
				  polish, sealant or glaze category includes, but is not limited to, products
				  designed for use in autobody repair shops and drive-through car washes, as well
				  as products designed for the general public.
a. Automotive wax, polish, sealant or glaze
				  does not include automotive rubbing or polishing compounds, automotive wash and
				  wax products, surfactant-containing car wash products, and products designed
				  for use on unpainted surfaces such as bare metal, chrome, glass, or
				  plastic.
26. "Automotive
				  windshield cleaner" means a product labeled and packaged as an automotive
				  windshield cleaner in the form of a moistened towelette and is designed to be
				  used on automotive windshields, automotive mirrors, and automotive headlights.
				  The product shall be labeled for "automotive use only."
a. Automotive windshield cleaner does not
				  include automotive windshield washer fluid.
27. "Automotive windshield washer fluid"
				  means any liquid designed for use in a motor vehicle windshield washer system
				  either as an antifreeze or for the purpose of cleaning, washing, or wetting the
				  windshield.
a. Automotive windshield washer
				  fluids do not include fluids placed by the manufacturer in a new
				  vehicle.
28. "Bait
				  station insecticide" means a container containing not more than 0.5 ounces by
				  weight of an insecticidal bait, in which the bait is designed to be ingested by
				  insects and is composed of solid material feeding stimulants with less than
				  five percent (5.0%) active ingredients.
29. "Bathroom and tile cleaner" means a
				  product designed to clean tile or surfaces in bathrooms.
a. Bathroom and tile cleaners do not include
				  products designed primarily to clean toilet bowls, toilet tanks or
				  urinals.
30. "Brake
				  cleaner" means, for products manufactured on or after January 1, 2020, a
				  cleaning product designed to remove oil, grease, brake fluid, brake pad
				  material or dirt from motor vehicle brake mechanisms.
31. "Bug and tar remover" means a product
				  labeled to remove either or both of the following from painted motor vehicle
				  surfaces without causing damage to the finish:
a. Biological-type residues such as insect
				  carcasses and tree sap; and
b. Road
				  grime, such as road tar, roadway paint markings, and
				  asphalt.
32. "Cal. code
				  reg." means the California Code of Regulations.
33. "CARB" means the California Air Resources
				  Board.
34. "Carburetor or
				  fuel-injection air intake cleaner" means a product designed to remove fuel
				  deposits, dirt, or other contaminants from a carburetor, choke, throttle body
				  of a fuel-injection system or associated linkages.
a. Carburetor or fuel-injection air intake
				  cleaners do not include products designed exclusively to be introduced directly
				  into the fuel lines or fuel storage tank prior to introduction into the
				  carburetor or fuel injectors, or products designed or labeled exclusively to be
				  introduced during engine operation directly into air intake vacuum lines by
				  using a pressurized sprayer wand.
35. "Carpet and upholstery cleaner" means a
				  cleaning product designed for the purpose of eliminating dirt and stains on
				  rugs, carpeting, and the interior of motor vehicles and/or on household
				  furniture or objects upholstered or covered with fabrics such as wool, cotton,
				  nylon or other synthetic fabrics. Carpet and upholstery cleaners include, but
				  are not limited to, products that make fabric protectant claims.
a. Carpet and upholstery cleaners do not
				  include general purpose cleaners, spot removers, vinyl or leather cleaners, dry
				  cleaning fluids, or products designed exclusively for use at industrial
				  facilities engaged in furniture or carpet manufacturing.
36. "Charcoal lighter material" means any
				  combustible material designed to be applied on, incorporated in, added to, or
				  used with charcoal to enhance ignition.
a.
				  Charcoal lighter materials do not include electrical starters and probes,
				  metallic cylinders using paper tinder, natural gas, propane, and fat
				  wood.
37. "Colorant"
				  means any pigment or coloring material used in a consumer product for an
				  aesthetic effect or to dramatize an ingredient.
38. "Construction, panel, and floor covering
				  adhesive" means any one-component adhesive that is designed exclusively for the
				  installation, remodeling, maintenance, or repair of:
a. Structural and building components that
				  include, but are not limited to, beams, trusses, studs, paneling (drywall or
				  drywall laminates, fiberglass reinforced plastic (FRP), plywood, particle
				  board, insulation board, pre-decorated hardboard or tileboard, etc.), ceiling
				  and acoustical tile, molding, fixtures, countertops or countertop laminates,
				  cove or wall bases, and flooring or subflooring; or
b. Floor or wall coverings that include, but
				  are not limited to, wood or simulated wood covering, carpet, carpet pad or
				  cushion, vinyl-backed carpet, flexible flooring material, non-resilient
				  flooring material, mirror tiles and other types of tiles, and artificial
				  grass.
c. Construction, panel, and
				  floor covering adhesives do not include floor seam sealers.
39. "Consumer" means any person
				  who seeks, purchases or acquires any consumer product for personal, family,
				  household or institutional use. Persons acquiring a consumer product for resale
				  are not consumers for that product.
40. "Consumer product" means a chemically
				  formulated product used by household and/or institutional consumers including,
				  but not limited to, detergents; cleaning compounds; polishes; floor finishes;
				  cosmetics; personal care products; home, lawn and garden products;
				  disinfectants; sanitizers; aerosol adhesives, including aerosol adhesives used
				  for consumer, industrial or commercial uses, and automotive specialty products.
a. Consumer product does not include other
				  paint products, furniture coatings or architectural coatings.
41. "Contact adhesive" means
a. An adhesive that:
(1) Is designed for application to both
				  surfaces to be bonded together;
(2)
				  Is allowed to dry before the two surfaces are placed in contact with each
				  other;
(3) Forms an immediate bond
				  that is impossible, or difficult, to reposition after both adhesive-coated
				  surfaces are placed in contact with each other; and
(4) Does not need sustained pressure or
				  clamping of surfaces after the adhesive-coated surfaces have been brought
				  together using sufficient momentary pressure to establish full contact between
				  both surfaces.
b.
				  Contact adhesives do not include rubber cements that are primarily intended for
				  use on paper substrates and vulcanizing fluids that are designed and labeled
				  for tire repair only.
42. "Contact adhesive-general purpose" means
				  any contact adhesive that is not a contact adhesive-special purpose."
43. "Contact adhesive-special purpose" means
				  a contact adhesive that:
a. Is used to bond
				  melamine-covered board, unprimed metal, unsupported vinyl, Teflon, ultra-high
				  molecular weight polyethylene, rubber, high pressure laminate or wood veneer
				  1/16 inch or less in thickness to any porous or nonporous surface, and is sold
				  in units of product, less packaging, that contain more than eight (8) fluid
				  ounces, or
b. Is used in automotive
				  applications that are automotive under-the-hood applications requiring heat,
				  oil or gasoline resistance, or body-side molding, automotive weather strip or
				  decorative trim.
44.
				  "Container" and "packaging" means the part or parts of the consumer or
				  institutional product which serve only to contain, enclose, incorporate,
				  deliver, dispense, wrap or store the chemically formulated substance or mixture
				  of substances which is solely responsible for accomplishing the purposes for
				  which the product was designed or intended. Containers and packaging include
				  any articles onto or into which the principal display panel and other
				  accompanying literature or graphics are incorporated, etched, printed or
				  attached.
45. "Crawling bug
				  insecticide" means any insecticide product that is formulated for use against
				  ants, cockroaches, mites, silverfish, spiders, and other household crawling
				  arthropods.
a. Crawling bug insecticides do
				  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:
(1) "House dust mite product" means a product
				  whose label, packaging, or accompanying literature states that the product is
				  suitable for use against house dust mites, but does not indicate that the
				  product is suitable for use against ants, cockroaches, or other household
				  crawling arthropods.
(2) "House
				  dust mite" means mites which feed primarily on skin cells shed in the home by
				  humans and pets and which belong to the phylum Arthropoda, the subphylum
				  Chelicerata, the class Arachnida, the subclass Acari, the order Astigmata, and
				  the family Pyroglyphidae.
46. "Date-code" means the day, month and year
				  on which the consumer product was manufactured, filled, or packaged, or a code
				  indicating such a date.
47.
				  "Deodorant" means any product including, but not limited to, aerosols,
				  roll-ons, sticks, pumps, pads, creams, and squeeze bottles, that indicates or
				  depicts on the container or packaging, or on any sticker or label affixed
				  thereto, that the product can be used on or applied to the human axilla to
				  provide a scent and/or minimize odor.
48. "Device" means any instrument or
				  contrivance (other than a firearm) which is designed for trapping, destroying,
				  repelling, or mitigating any pest or any other form of plant or animal life
				  (other than man and other than bacterium, virus, or other microorganism on or
				  in living man or other living animals); but not including equipment used for
				  the application of pesticides when sold separately therefrom.
49. "Disinfectant" means a product that is
				  formulated to destroy or irreversibly inactivate infectious, or otherwise
				  undesirable, bacteria, pathogenic fungi, or viruses on surfaces or inanimate
				  objects and whose label is registered under the Federal Insecticide, Fungicide,
				  and Rodenticide Act (7 U.S.C.
				  §
												136,
et seq
.). A
				  product that is labeled both as a "sanitizer" and a "disinfectant," is
				  considered a "disinfectant."
a. Disinfectants
				  do not include products:
(1) Labeled solely
				  for use on humans or animals;
(2)
				  Labeled solely for use in swimming pools, therapeutic tubs, or hot
				  tubs;
(3) Labeled to be used on
				  heat sensitive critical or semi-critical medical devices or medical equipment
				  surfaces;
(4) That are
				  pre-moistened wipes or towelettes sold exclusively to medical, convalescent, or
				  veterinary establishments;
(5)
				  Labeled to be applied to food-contact surfaces and are not required to be
				  rinsed prior to contact with food; or
(6) Labeled for agricultural use;
				  or
(7) Labeled as bathroom and tile
				  cleaners, glass cleaners, general purpose cleaners, toilet bowl cleaners, metal
				  polishes, urinal care products, carpet cleaners, or fabric refreshers that may
				  also make disinfecting or anti-microbial claims on the label.
50. "Double-phase
				  aerosol air freshener" means an aerosol air freshener in which the liquid
				  contents is in two (2) or more distinct phases and which requires the product
				  container to be shaken before use to mix the phases, producing an
				  emulsion.
51. "Dry cleaning fluid"
				  means any non-aqueous liquid product designed and labeled exclusively for use
				  on fabrics which are labeled "for dry clean only", such as clothing or drapery,
				  or S-coded fabrics.
a. Dry cleaning fluids
				  include, but are not limited to, those products used by commercial dry cleaners
				  and commercial businesses that clean fabrics such as draperies at the
				  customer's residence or work place.
b. Dry cleaning fluids do not include spot
				  removers or carpet and upholstery cleaners.
c. For the purposes of this definition,
				  S-coded fabric means an upholstery fabric designed to be cleaned only with
				  water-free spot cleaning products as specified by the Joint Industry Fabric
				  Standards Committee.
52.
				  "Dual purpose air freshener or disinfectant" means an aerosol product
				  represented on the product container, or on any sticker, label, packaging, or
				  literature attached to the product container, for use as both disinfectant and
				  an air freshener.
53. "Dusting aid"
				  means a product designed to assist in removing dust and other soils from floors
				  and other surfaces without leaving a wax or silicone-based coating.
a. Dusting aids do not include pressurized
				  gas dusters.
54.
				  "Electrical cleaner" means a product labeled to remove heavy soils such as
				  grease, grime or oil from electrical equipment including, but limited to,
				  electric motors, armatures, relays, electric panels or generators.
a. Electric cleaners do not include general
				  purpose cleaners, general purpose degreasers, dusting aids, electronic
				  cleaners, energized electrical cleaners, pressurized gas dusters, engine
				  degreasers, anti-static products or products designed to clean the casings or
				  housings of electrical equipment.
55. "Electronic cleaner" means a product
				  labeled for the removal of dirt, moisture, dust, flux or oxides from the
				  internal components of electronic or precision equipment such as circuit boards
				  and the internal components of electronic devices including, but not limited
				  to, radios, compact disc (CD) players, digital video disc (DVD) players and
				  computers.
a. Electronic cleaners do not
				  include general purpose cleaners, general purpose degreasers, dusting aids,
				  pressurized gas dusters, engine degreasers, electrical cleaners, energized
				  electrical cleaners, anti-static products or products designed to clean the
				  casings or housing of electronic equipment.
56. "Energized electrical cleaner" means a
				  product that meets both of the following criteria:
a. The product is labeled to clean and/or
				  degrease electrical equipment where cleaning and/or degreasing is accomplished
				  when electrical current exists or when there is a residual electrical potential
				  from a component, such as a capacitor; and
b. The product label clearly displays the
				  statements: "Energized equipment use only. Not to be used for motorized vehicle
				  maintenance of their parts."
c.
				  Energized electrical cleaners do not include electronic cleaners.
57. "Engine degreaser" means a
				  cleaning product which is formulated to remove grease, oil, dirt, or other
				  contaminants from the external surfaces of engines and other mechanical
				  parts.
58. "Exempt compound" means
				  any carbon-containing compound listed as an exemption to the definition of
				  volatile organic compound (VOC) in Part 0 of this Subchapter (General
				  Definitions).
59. "Fabric
				  protectant" means:
a. For products
				  manufactured before January 1, 2020: a product designed to be applied to fabric
				  substrates to protect the surface from soiling from dirt and other impurities
				  or to reduce absorption of liquid into the fabric's fibers.
(1) Fabric protectant does not include
				  waterproofers, products designed for use solely on leather, or products
				  designed for use solely on fabrics which are labeled "for dry clean only" and
				  sold in containers of 10 fluid ounces or less.
b. For products manufactured on or after
				  January 1, 2020: a product labeled to be applied to fabric substrates to
				  protect the surface from soiling from dirt or other impurities or to reduce
				  absorption of liquid into the fabric fibers.
(1) Fabric protectant does not include:
				  waterproofers, or products labeled for use solely on leather, pigmented
				  products that are designed to be used primarily for coloring, products used for
				  construction, reconstruction, modification, structural maintenance or repair of
				  fabric substrates products that renew or restore fabric and qualifying as
				  either clear coating" or vinyl/fabric/leather/polycarbonate coating."
60. "Fabric refresher"
				  means a product labeled to neutralize or eliminate odors on non-laundered
				  fabric including, but not limited to, soft household surfaces, rugs, carpeting,
				  draperies, bedding, automotive interiors, footwear, athletic equipment,
				  clothing and/or household furniture or objects upholstered or covered with
				  fabrics such as, but not limited to, wool, cotton or nylon.
a. Fabric refreshers do not include
				  anti-static products, carpet and upholstery cleaners, soft household surface
				  sanitizers, footwear or leather care products, spot removers, disinfectants or
				  products labeled for application to both fabric and human skin.
b. For the purposes of this definition only:
(1) "Soft household surface sanitizer" means
				  a product labeled to neutralize or eliminate odors on surfaces listed above and
				  for which the label is registered as a sanitizer under the Federal Insecticide,
				  Fungicide and Rodenticide Act, (7 U.S.C. §
														136 et
				  seq.).
61.
				  "Facial cleaner or soap" means a cleaner or soap designed primarily to clean
				  the face. Facial cleaners or soaps include, but are not limited to, facial
				  cleansing creams, semisolids, liquids, lotions, and substrate-impregnated
				  forms.
a. Facial cleaners or soaps do not
				  include prescription drug products, antimicrobial hand or body cleaner or soap,
				  astringent/toner, general-use hand or body cleaner or soap, medicated
				  astringent/medicated toner, or rubbing alcohol.
62. "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 flammability, such as wax-covered or wax-impregnated wood-based
				  products.
63. "Flea and tick
				  insecticide" means any insecticide that is designed for use against fleas,
				  ticks, their larvae, or their eggs.
a. Flea
				  and tick insecticides do not include products that are designed to be used
				  exclusively on humans or animals or their bedding.
64. "Flexible flooring material" means
				  asphalt, cork, linoleum, no wax, rubber, seamless vinyl, and vinyl composite
				  flooring.
65. "Floor coating" means
				  an opaque coating that is labeled and designed for application to flooring
				  including, but not limited to, decks porches, steps and other horizontal
				  surfaces which may be subject to foot traffic.
66. "Floor or wall covering adhesive remover"
				  means an adhesive remover designed or labeled to remove floor or wall coverings
				  and associated adhesive from the underlying substrate.
67. "Floor polish or wax" means a wax,
				  polish, or any other product designed to polish, protect, or enhance floor
				  surfaces by leaving a protective coating that is designed to be periodically
				  replenished.
a. Floor polishes or waxes do
				  not include spray buff products, products designed solely for the purpose of
				  cleaning floors, floor finish strippers, products designed for unfinished wood
				  floors, and architectural coatings.
68. "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.
69. "Floor wax stripper" means a product
				  designed to remove natural or synthetic floor polishes or waxes through
				  breakdown of the polish or wax polymers, or by dissolving or emulsifying the
				  polish or wax.
a. Floor wax strippers do not
				  include aerosol floor wax strippers or products designed to remove floor wax
				  solely through abrasion.
70. "Flying bug insecticide" means any
				  insecticide product that is designed for use against flying insects and or
				  other flying arthropods, including but not limited to flies, mosquitoes, moths
				  or gnats.
a. Flying bug insecticides do not
				  include wasp and hornet insecticides, products that are designed to be used
				  exclusively on humans or animals, or any moth-proofing product.
b. For the purposes of this definition only,
				  moth-proofing product means a product whose label, packaging, or accompanying
				  literature indicates that the product is designed to protect fabrics from
				  damage by moths, but does not indicate that the product is suitable for use
				  against flying insects or other flying arthropods.
71. "Footware or leather care product" means
				  any product designed or labeled to be applied to footwear or to other leather
				  articles/components, to maintain, enhance, clean, protect, or modify the
				  appearance, durability, fit, or flexibility of the footwear or leather
				  article/component. Footwear includes both leather and non-leather foot apparel.
a. Footwear or leather care products do not
				  include fabric protectants, general purpose adhesives, contact adhesives,
				  vinyl/fabric/leather/polycarbonate coatings, rubber and vinyl protectant,
				  fabric refresher, products solely for deodorizing, or sealant products with
				  adhesive properties used to create external protective layers greater than two
				  (2) millimeters thick.
72. "Fragrance" means a substance or complex
				  mixture of aroma chemicals, natural essence oils, and other functional
				  components with a combined vapor pressure not in excess of two (2) mm of Hg at
				  twenty degrees Celsius (20°C), the sole purpose of which is to impart an
				  odor or scent, or to counteract a malodor.
73. "Furniture coating" means any paint
				  designed for application to room furnishings including, but not limited to,
				  cabinets (kitchen, bath and vanity), tables, chairs, beds, and sofas.
74. "Furniture maintenance product" means a
				  wax, polish, conditioner, or any other product designed for the purpose of
				  polishing, protecting or enhancing finished wood surfaces other than floors and
				  other furniture surfaces including but not limited to acrylic, ceramic,
				  plastic, stone, metal and fiberglass.
a.
				  Furniture maintenance products do not include dusting aids, wood cleaners,
				  products designed exclusively for the purpose of cleaning, and products
				  designed to leave a permanent finish such as stains, sanding sealers and
				  lacquers.
75. "Gasket or
				  thread locking adhesive remover" means a product designed or labeled to remove
				  gaskets or thread locking adhesives. Products labeled for dual use as a paint
				  stripper and gasket remover and/or thread locking adhesive remover are
				  considered gasket or thread locking removers.
76. "Gel" means a colloid in which the
				  disperse phase has combined with the continuous phase to produce a semisolid
				  material, such as a jelly.
77.
				  "General purpose adhesive" means any non-aerosol adhesive designed for use on a
				  variety of substrates.
a. General purpose
				  adhesives do not include:
(1) Contact
				  adhesives;
(2) Construction, panel,
				  and floor covering adhesives;
(3)
				  Adhesives designed exclusively for application on one specific category of
				  substrates (i.e., substrates that are composed of similar materials, such as
				  different types of metals, paper products, ceramics, plastics, rubbers, or
				  vinyls); or
(4) Adhesives designed
				  exclusively for use on one specific category of articles (i.e., articles that
				  may be composed of different materials but perform a specific function, such as
				  gaskets, automotive trim, weather-stripping, or carpets).
78. "General purpose adhesive
				  remover" means a product designed or labeled to remove cyanoacrylate adhesives
				  as well a non-reactive adhesives or residue from a variety of substrates.
				  General purpose adhesive removers include, but are not limited to, products
				  that remove thermoplastic adhesives, pressure sensitive adhesives, dextrine or
				  starch-based adhesives, casein glues or rubber or latex-based adhesives; as
				  well as products that remove stickers, decals, stencils or similar materials.
a. General purpose adhesive removers do not
				  include floor or wall covering adhesive removers.
79. "General purpose cleaner" means any
				  product designed or labeled for general all-purpose cleaning, in contrast to
				  cleaning products designed to clean specific substrates or for specific
				  situations. General purpose cleaners include products designed for general
				  floor cleaning, kitchen or countertop cleaning, and cleaners designed to be
				  used on a variety of hard surfaces.
a.
				  General purpose cleaners do not include general purpose degreasers, furniture
				  maintenance products and electronic cleaners.
80. "General purpose contact adhesive" means
				  any contact adhesive that is not a special purpose contact adhesive.
81. "General purpose degreaser" means any
				  product designed to remove or dissolve grease, grime, oil and other oil-based
				  contaminants from a variety of substrates, including automotive or
				  miscellaneous metallic parts.
a. General
				  purpose degreasers do not include:
(1) Engine
				  degreasers, general purpose cleaners, adhesive removers, electronic cleaners,
				  electrical cleaners, energized electrical cleaners, metal polish/cleansers,
				  oven or grill cleaners, products used exclusively in solvent cleaning tanks or
				  related equipment, or products that are sold exclusively to establishments
				  which manufacture or construct goods or commodities; and labeled exclusively
				  for "use in the manufacturing process only."
(2) For the purposes of this definition
				  solvent cleaning tanks or related equipment includes, but is not limited to,
				  cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning
				  machines, or products designed to clean miscellaneous metallic parts by
				  immersion in a container.
82. "General-use hand or body cleaner or
				  soap" means a cleaner or soap designed to be used routinely on the skin to
				  clean or remove typical or common dirt and soils. General-use hand or body
				  cleaners or soaps include, but are not limited to, hand or body washes,
				  dual-purpose shampoo-body cleaners, shower or bath gels, and moisturizing
				  cleaners or soaps.
a. General-use hand or
				  body cleaners or soaps do not include prescription drug products, antimicrobial
				  hand or body cleaner or soap, astringent/toner, facial cleaner or soap, hand
				  dishwashing detergent (including antimicrobial), heavy-duty hand cleaner or
				  soap, medicated astringent/medicated toner, or rubbing alcohol.
83. "Glass cleaner" means a
				  cleaning product designed primarily for cleaning surfaces made of glass.
a. Glass cleaners do not include products
				  designed solely for the purpose of cleaning optical materials used in
				  eyeglasses, photographic equipment, scientific equipment and photocopying
				  machines.
84. "Graffiti
				  remover" means a product labeled to remove spray paint, ink, marker, crayon,
				  lipstick, nail polish or shoe polish from a variety of non-cloth or non-fabric
				  substrates.
a. Graffiti removers do not
				  include paint removers or strippers, nail polish removers or spot
				  removers.
b. Products labeled for
				  dual use as both a paint stripper and graffiti remover are considered graffiti
				  removers.
85. "Hair
				  mousse" means a hairstyling foam designed to facilitate styling of a coiffure
				  and provide limited holding power.
86. "Hair shine" means any product designed
				  for the primary purpose of creating a shine when applied to the hair. Hair
				  shine includes, but is not limited to, dual-use products designed primarily to
				  impart a sheen to the hair.
a. Hair shine
				  does not include hair spray, hair mousse, hair styling product, hair styling
				  gel or products whose primary purpose is to condition or hold the
				  hair.
87. "Hair spray"
				  means a consumer product that is applied to styled hair and is designed or
				  labeled to provide sufficient rigidity, to hold, retain and/or finish the style
				  of the hair for a period of time. Hair sprays include aerosol hair sprays; pump
				  hair sprays; spray waxes; color, glitter or sparkle hair sprays that make
				  finishing claims; and products that are both a styling and finishing product.
a. Hair sprays do not include spray products
				  that are intended to aid in styling but do not provide finishing of a hair
				  style.
b. For the purposes of this
				  definition:
(1) "Finish" or "finishing" means
				  the maintaining and/or holding of previously styled hair for a period of
				  time.
(2) "Styling" means the
				  forming, sculpting or manipulating of hair to temporarily alter the hair's
				  shape.
88.
				  "Hair styling product" means a consumer product that is designed or labeled for
				  the application to wet, damp or dry hair to aid in defining, shaping, lifting,
				  styling and/or sculpting of the hair. Hair styling products include, but are
				  not limited to hair balm, clay, cream, creme, curl straightener, gel, liquid,
				  lotion, paste, pomade, putty, root lifter, serum, spray gel, stick, temporary
				  hair straightener, wax, spray products that aid in styling but do not provide
				  finishing of a hairstyle, and leave-in volumizers, detanglers and/or
				  conditioners that make styling claims.
a.
				  Hair styling products do not include hair mousses, hair shines, hair sprays, or
				  shampoos and/or conditioners that are rinsed from the hair prior to
				  styling.
b. For the purposes of
				  this definition:
(1) "Finish" or "finishing"
				  means the maintaining and/or holding of previously styled hair for a period of
				  time; and
(2) "Styling" means the
				  forming, sculpting, or manipulating the hair to temporarily alter the hair's
				  shape.
89.
				  "Heavy-duty hand cleaner or soap" means a product designed to clean or remove
				  difficult dirt and soils such as oil, grease, grime, tar, shellac, putty,
				  printer's ink, paint, graphite, cement, carbon, asphalt, or adhesives from the
				  hand with or without the use of water.
a.
				  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
				  toner or rubbing alcohol.
90. "Herbicide" means a pesticide product
				  designed to kill or retard a plant's growth.
a. Herbicide does not include products that
				  are for agricultural use, or are a restricted material that requires a permit
				  for use and possession.
91. "High temperature coating" means a
				  high-performance coating labeled and formulated for application to substrates
				  exposed continuously or intermittently to temperatures above two hundred four
				  degrees Celsius (204ºC) of four hundred degrees Fahrenheit
				  (400ºF).
92. "High volatility
				  organic compound" or "HVOC" means any volatile organic compound that exerts a
				  vapor pressure greater than eighty (80) mm Hg when measured at twenty degrees
				  Celsius (20°C).
93. "Household
				  product" means any consumer product that is primarily designed to be used
				  inside or outside of living quarters or residences that are occupied or
				  intended for occupation by individuals, including the immediate
				  surroundings.
94. "Industrial
				  maintenance coating" means a high performance architectural coating, including
				  primers, sealers, undercoaters, intermediate coats, and topcoats formulated for
				  application to substrates, including floors, exposed to one or more of the
				  following extreme environmental conditions listed in §§
											31.5(A)(94)(a) through
				  (e) of this Part 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 aqueous or non-aqueous solutions, or chronic
				  exposure of interior surfaces to moisture condensation;
b. Acute or chronic exposure to corrosive,
				  caustic, or acidic agents, or to chemicals, chemical fumes, or chemical
				  mixtures or solutions;
c. Frequent
				  exposure to temperatures above one hundred twenty-one degrees Celsius
				  (121ºC) or two hundred fifty degrees Fahrenheit (250ºF);
d. Frequent heavy abrasion, including
				  mechanical wear and frequent scrubbing with industrial solvents, cleansers,
				  scouring agents; or
e. Exterior
				  exposure of metal structures and structural components.
95. "Insecticide" means a pesticide product
				  that is designed for use against insects or other arthropods.
a. Insecticides does not include products
				  that are;
(1) For agricultural use;
				  or
(2) For a use which requires an
				  Industrial, Structural and Health Related Pest Control license under the Rhode
				  Island Department of Environmental Management, Division of Agriculture, "Rules
				  and Regulations Relating to Pesticides" (Part 40-15-2 of this Title);
				  or
(3) Restricted materials that
				  require a permit for use and possession.
96. "Insecticide fogger" means any
				  insecticide product designed to release all or most of its content, as a fog or
				  mist, into indoor areas during a single application.
97. "Institutional product" or "Industrial
				  and institutional product" means designed for use in an establishment that:
				  manufactures, transports, or sells goods or commodities, provides services for
				  profit; or is engaged in the nonprofit promotion of a particular public,
				  educational, or charitable cause.
a. For the
				  purpose of this definition, 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.
b. Institutional product does not include
				  household products and products that are incorporated into or used exclusively
				  in the manufacture or construction of the goods or commodities at the site of
				  the establishment.
98.
				  "Label" means any written, printed, or graphic matter affixed to, applied to,
				  attached to, blown onto, formed, molded onto, embossed on, or appearing upon
				  any consumer product or consumer product package, for the purposes of branding,
				  identifying, or giving information with respect to the product or to the
				  contents of the package.
99.
				  "Laundry prewash" means a product that is designed for application to a fabric
				  prior to laundering and that supplements and contributes to the effectiveness
				  of laundry detergents and/or provides specialized performance.
100. "Laundry starch, sizing or fabric finish
				  product" or "laundry starch product" means a product that is designed for
				  application to a fabric, either during or after laundering, to impart and
				  prolong a crisp, fresh look and may also act to help ease ironing of the
				  fabric. Laundry starch products include, but are not limited to, fabric finish,
				  sizing, and starch.
101. "Lawn and
				  garden insecticide" means an insecticide product designed primarily to be used
				  in household lawn and garden areas to protect plants from insects and other
				  arthropods. Notwithstanding the requirements of §
											31.7(D) of
				  this Part, aerosol lawn and garden insecticides may claim to kill insects or
				  other arthropods.
102. "Liquid"
				  means a substance or mixture of substances which is capable of a visually
				  detectable flow as determined under ASTM D- 4359-90 incorporated in §
											31.4(A) of
				  this Part.
a. Liquid does not include powders
				  or other materials that are composed entirely of solid particles.
103. "Lubricant" means a product
				  designed to reduce friction, heat, noise, or wear between moving parts, or to
				  loosen rusted or immovable parts or mechanisms.
a. Lubricants do not include:
(1) Automotive power steering
				  fluids;
(2) Products for use inside
				  power generating motors, engines, and turbines, and their associated
				  power-transfer gearboxes;
(3) Two
				  cycle oils or other products designed to be added to fuels; products for use on
				  the human body or animals or products that are sold exclusively to
				  establishments which manufacture or construct goods or commodities, and are
				  labeled exclusively for "use in the manufacturing process only."
104. "LVP-VOC" means a
				  chemical compound or mixture that:
a. Contains
				  at least one (1) carbon atom and meets one or more of the following conditions:
(1) It has a vapor pressure less than 0.1 mm
				  Hg at twenty degrees Celsius (20°C), as determined by CARB Method 310,
				  incorporated in §
													31.4(A) of
				  this Part; or
(2) It is a chemical
				  compound with more than twelve (12) carbon atoms or a chemical mixture
				  comprised solely of compounds with more than twelve (12) carbon atoms, as
				  verified by formulation data, and the vapor pressure and boiling point are
				  unknown; or
(3) It is a chemical
				  compound with a boiling point greater than two hundred sixteen degrees Celsius
				  (216°C), as determined by CARB Method 310 incorporated in §
													31.4(B) of
				  this Part; or
(4) It is the weight
				  percent of a chemical mixture that boils above two hundred sixteen degrees
				  Celsius (216°C), as determined by CARB Method 310 incorporated in §
													31.4(B) of
				  this Part.
b. For the
				  purpose of this definition;
(1) Chemical
				  compound means a molecule of definite chemical formula and isomeric structure;
				  and
(2) Chemical mixture means a
				  substrate comprised of two (2) or more chemical compounds.
105. "Manufacturer" means any
				  person who imports, manufactures, assembles, produces, packages, repackages, or
				  relabels a consumer product.
106.
				  "Medicated astringent /medicated toner" means any product regulated as a drug
				  by the FDA which is applied to the skin for the purpose of cleaning or
				  tightening pores. Medicated astringents/medicated toners include, but are not
				  limited to, clarifiers and substrate-impregnated products.
a. Medicated astringents/medicated toners do
				  not include hand, face, or body cleaner or soap products, astringent/toner,
				  cold cream, lotion, antiperspirants, or products that must be purchased with a
				  doctor's prescription.
107. "Medium volatility organic compound" or
				  "MVOC" means any volatile organic compound that exerts a vapor pressure greater
				  than two (2) mm Hg and less than or equal to eighty (80) mm Hg when measured at
				  twenty degrees Celsius (20°C).
108. "Metal polish or cleanser" means any
				  product designed primarily to improve the appearance of finished metal,
				  metallic, or metallized surfaces by physical or chemical action to remove or
				  reduce stains, impurities or oxidation from surfaces or to make surfaces smooth
				  and shiny. Metal polishes or cleansers include but are not limited to; metal
				  polishes used on brass, silver, chrome, copper, stainless steel and other
				  ornamental metals.
a. Metal polishes or
				  cleansers do not include automotive wax, polish, sealant or glaze, wheel
				  cleaner, paint remover or stripper, products designed and labeled exclusively
				  for automotive and marine detailing, or products designed for use in degreasing
				  tanks.
109. "Mist spray
				  adhesive" means any aerosol adhesive which is not a special purpose spray
				  adhesive and which delivers a particle or mist spray, resulting in the
				  formation of fine, discrete particles that yield a generally uniform and smooth
				  application of adhesive to the substrate.
110. "Multi-purpose dry lubricant" means any
				  lubricant which is:
a. Designed and labeled
				  to provide lubricity by depositing a thin film of graphite, molybdenum
				  disulfide (moly), or polytetrafluoroethylene or closely related fluoropolymer
				  (teflon) on surfaces; and
b.
				  Designed for general purpose lubrication, or for use in a wide variety of
				  applications.
111.
				  "Multi-purpose lubricant" means any lubricant designed for general purpose
				  lubrication, or for use in a wide variety of applications.
a. Multi-purpose lubricants do not include
				  multi-purpose dry lubricants, penetrants, or silicone-based multi-purpose
				  lubricants.
112.
				  "Multi-purpose solvent" means:
a. For
				  products manufactured before January 1, 2020: any organic liquid designed to be
				  used for a variety of purposes, including cleaning or degreasing of a variety
				  of substrates, or thinning, dispersing or dissolving other organic materials.
				  Multi-purpose solvents include solvents used in institutional facilities,
				  except for laboratory reagents used in analytical, educational, research,
				  scientific or other laboratories.
(1)
				  Multi-purpose solvents do not include solvents used in cold cleaners, vapor
				  degreasers, conveyorized degreasers or film cleaning machines, or solvents that
				  are incorporated into, or used exclusively in the manufacture or construction
				  of, the goods or commodities at the site of the establishment.
b. For products manufactured on or
				  after January 1, 2020; any liquid product designed or labeled to be used for
				  dispersing, dissolving, or removing contaminants or other organic materials.
				  Multi-purpose solvent also includes:
(1)
				  Products that do not display specific use instructions on the product container
				  or packaging;
(2) Products that do
				  not specify an end-use function or application on the product container or
				  packaging; and
(3) Solvents used in
				  institutional facilities, except for laboratory reagents used in analytical,
				  educational, research, scientific or other laboratories, and
(4) Paint clean-up products including any
				  liquid product labeled for cleaning oil-based or water-based paint, lacquer,
				  varnish, or related coatings from, but not limited to, painting equipment or
				  tools, plastics, or metals; and
(5)
				  Products labeled to prepare surfaces for painting.
c. For products manufactured on or after
				  January 1, 2020 multipurpose solvent does not include:
(1) A solvent used in a cold cleaner, a vapor
				  degreaser, a conveyorized degreaser or film cleaning machine;
(2) A solvent labeled exclusively for the
				  clean-up of application equipment used for polyaspartic and polyurea
				  coatings;
(3) A solvent that is
				  incorporated into, or used exclusively in the manufacture or construction of,
				  the goods or commodities at the site of the establishment;
(4) A product that is 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, any
				  other consumer product listed in §
													31.7(B) of
				  this Part.
113. "Nail polish" means any clear or colored
				  coating designed for application to the fingernails or toenails and including,
				  but not limited to, lacquers, enamels, acrylics, base coats and top
				  coats.
114. "Nail polish remover"
				  means a product designed to remove nail polish and coating from fingernails or
				  toenails.
115. "Non-aerosol
				  product" means any consumer product that is not dispensed by a pressurized
				  spray system.
116. "Non-carbon
				  containing compound" means any compound which does not contain any carbon
				  atoms.
117. "Nonresilient flooring"
				  means flooring of a mineral content which is not flexible and includes
				  terrazzo, marble, slate, granite, brick, stone, ceramic tile and
				  concrete.
118. "Non-selective
				  terrestrial herbicide" means a terrestrial herbicide product that is toxic to
				  plants without regard to species.
119. "NYCRR" means the Official Compilation
				  of Codes, Rules and Regulations of the State of New York.
120. "NYSDEC" means the New York State
				  Department of Environmental Conservation.
121. "Oven or grill cleaner" means a product
				  labeled exclusively to remove baked on grease or deposits from food preparation
				  or food cooking surfaces. A product that is labeled as an oven or grill cleaner
				  that makes claims that it is suitable for degreasing other hard surfaces is a
				  general purpose degreaser. A product that is labeled as an oven or grill
				  cleaner that makes claims that it is suitable for cleaning other hard surfaces
				  is a general purpose cleaner.
122.
				  "Paint" means any pigmented liquid, liquefiable, or mastic composition designed
				  for application to a substrate in a thin layer which 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 or
				  concealing of surface irregularities or the modification of light and heat
				  radiation characteristics.
123.
				  "Paint remover or stripper" means any product designed to strip or remove
				  paints or other related coatings, by chemical action, from a substrate without
				  markedly affecting the substrate.
a. Paint
				  removers or strippers do not include multi-purpose solvents, paint brush
				  cleaners, products designed and labeled exclusively to remove graffiti, and
				  hand cleaner products that claim to remove paints and other related coatings
				  from skin.
124. "Paint
				  thinner" means, for products manufactured on and after January 1, 2020, any
				  liquid product used for reducing the viscosity of coating compositions or
				  components, that prominently displays the term paint thinner, lacquer thinner,
				  thinner, or reducer on the front panel of its packaging.
a. Paint thinner does not include any of the
				  following products:
(1) Artist's solvent or
				  thinner;
(2) A product that is sold
				  in containers with a capacity of five gallons or more and labeled exclusively
				  for the thinning of industrial maintenance coatings, zinc-rich primers, or high
				  temperature coatings;
(3) A product
				  labeled and used exclusively as an ingredient in a specific coating or coating
				  brand line, whereby the coating would not be complete or useable without the
				  specific ingredient; or
(4) A
				  product that meets both of the following criteria:
(AA) The principle display panel of the
				  product indicates, in a font size as large as or larger than the font size of
				  all other words on the panel, not including the font size used for the company
				  name, brand name, or logo, that the product is used exclusively for the
				  thinning of industrial maintenance coatings, zinc-rich primers, or high
				  temperature coatings, and
(BB) No
				  representation is made anywhere on the product container or packaging, or any
				  label or sticker attached thereto, that the product is suitable for use or may
				  be used for any other purpose except the thinning of industrial maintenance
				  coatings, zinc-rich primers, or high temperature coatings.
125. "Penetrant" means
				  a lubricant designed and labeled primarily to loosen metal parts that have
				  bonded together due to rusting, oxidation, or other causes.
a. Penetrants do not include multi-purpose
				  lubricants that claim to have penetrating qualities, but are not labeled
				  primarily to loosen bonded parts.
126. "Personal fragrance product" means any
				  product which is applied to the human body or clothing for the primary purpose
				  of adding a scent or masking a malodor, including cologne, perfume, aftershave
				  and toilet water.
a. Personal fragrance
				  products do not include deodorants; medicated products designed primarily to
				  alleviate fungal or bacterial growth on feet or other areas of the body;
				  mouthwashes, breath fresheners and deodorizers; lotions, moisturizers, powders
				  or other skin care products used primarily to alleviate skin conditions such as
				  dryness and irritations; products designed exclusively for use on human
				  genitalia; soaps, shampoos and products primarily used to clean the human body;
				  and fragrance products designed to be used exclusively on non-human
				  animals.
b. A personal fragrance
				  product is considered a deodorant for the purpose of this regulation if it
				  meets all of the following criteria:
(1) The
				  product contains twenty percent (20%) or less fragrance;
(2) The product is designed for application
				  all over the human body to provide a scent;
(3) On the container or packaging or any
				  sticker or label affixed thereto, it is indicated or depicted that the product
				  can be used on or applied to human axilla.
127. "Pesticide" means any substance or
				  mixture of substances labeled, designed or intended for use as in preventing,
				  destroying, repelling or mitigating any pest, or any substance or mixture of
				  substances labeled, designed or intended for use as a defoliant, desiccant, or
				  plant regulator, provided that the term "pesticide" does not include any
				  substance, mixture of substances or device which the Environmental Protection
				  Agency does not consider to be a pesticide.
128. "Plasticizer" means a material, such as
				  a high boiling point organic solvent, that is incorporated into a plastic to
				  increase its flexibility, workability, or distensibility. Plasticizer content
				  of a product may be determined using ASTM Method E 260-96, incorporated in
				  §
											31.4(A) of
				  this Part or from product formulation data.
129. "Pressurized gas duster" means a
				  pressurized product labeled to remove dust from a surface solely by means of
				  mass air or gas flow, including surfaces such as photographs, photographic film
				  negatives, computer keyboards and other types of surfaces that cannot be
				  cleaned with solvents. Pressurized gas dusters do not include dusting
				  aids.
130. "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.
131. "Product brand name" means the name of
				  the product exactly as it appears on the principal display panel of the
				  product.
132. "Product category"
				  means the applicable category which best describes a consumer product, as
				  defined in this regulation.
133.
				  "Product form" means the form that most accurately describes the dispensing
				  form of a product, including aerosols, solids, semisolids, liquids and pump
				  sprays.
134. "Propellant" means a
				  liquefied or compressed gas that is used in whole or in part, such as a
				  cosolvent, to expel a liquid or any other material from the same
				  self-pressurized container or from a separate container.
135. "Pump spray" means a packaging system in
				  which the product ingredients within the container are not under pressure and
				  in which the product is expelled only while a pumping action is applied to a
				  button, trigger or other actuator.
136. "Resilient flooring" means flexible
				  flooring of a material that may include but is not limited to asphalt, cork,
				  linoleum, no-wax, rubber, seamless vinyl, or vinyl composite.
137. "Responsible party" means the company,
				  firm or establishment which is listed on the product's label. If the label
				  lists two (2) or more companies, firms, or establishments, the responsible
				  party is the party which the product was "manufactured for" or "distributed
				  by", as noted on the label.
138.
				  "Restricted materials" means pesticides established as restricted materials
				  under applicable Rhode Island laws or regulations.
139. "Rhode Island sales" means the sales
				  (net pounds of product, less packaging and container, per year) in Rhode Island
				  for either the calendar year immediately prior to the year that the report
				  specified in §
											31.9 of this Part, is due
				  or, if those data are not available, any consecutive 12-month period commencing
				  no earlier than two (2) years prior to the due date of the report. If direct
				  sales data for Rhode Island are not available, sales may be estimated by
				  prorating national or regional sales data by population.
140. "Roll-on product" means any
				  antiperspirant or deodorant that dispenses active ingredients by rolling a
				  wetted ball or wetted cylinder on the affected area.
141. "Rubber or vinyl protectant" means:
a. For products manufactured prior to January
				  1, 2020, any product designed to protect, preserve or renew vinyl, rubber and
				  plastic on motor vehicles, tires, luggage, furniture or household products such
				  as vinyl covers, clothing and accessories.
(1) Rubber or vinyl protectant does not
				  include a product primarily designed to clean a motor vehicle wheel rim, such
				  as aluminum or magnesium wheel cleaner, or a tire cleaner that does not leave
				  an appearance-enhancing or protective substance on the tire; and
b. For products manufactured on
				  and after January 1, 2020, any product labeled to protect, preserve or renew
				  vinyl, or rubber on motor vehicles, tires, luggage, furniture or household
				  products such as vinyl covers, clothing, or accessories.
(1) Rubber or vinyl protectant does not
				  include a product labeled to clean the wheel rim, such as aluminum or magnesium
				  wheel cleaner, or a tire cleaner that does not leave an appearance-enhancing or
				  protective substance on the tire, a pigmented product designed or labeled to be
				  used primarily for coloring, a product used for construction, reconstruction,
				  modification, structural maintenance or repair of rubber or vinyl substrates,
				  or a product, other than a product labeled to be
				  used.
142.
				  "Rubbing alcohol" means any product containing isopropyl alcohol (also called
				  isopropanol) or denatured ethanol and labeled for topical use, usually to
				  decrease germs in minor cuts and scrapes, to relieve minor muscle aches, as a
				  rubefacient, and for massage.
143.
				  "Sanitizer" means:
a. For products
				  manufactured on and after January 1, 2020, a product that is labeled as a
				  sanitizer, or labeled to reduce, but not necessary eliminate, microorganisms in
				  the air, on surfaces, or on inanimate objects, and whose label is registered as
				  a sanitizer under FIFRA. Products that are labeled both as a sanitizer and a
				  disinfectant are considered disinfectants.
b. "Sanitizer" does not include:
(1) Disinfectant;
(2) A product labeled solely for use on
				  humans or animals;
(3) A product
				  labeled solely for agricultural use;
(4) A product labeled solely for use in
				  swimming, therapeutic tubs, or hot tubs;
(5) A product labeled for use on heat
				  sensitive critical or semi-critical medical devices or medical equipment
				  surfaces;
(6) A product that is a
				  pre-moistened wipe or towelette sold exclusively to medical, convalescent or
				  veterinary establishments;
(7) A
				  product that is labeled to be applied to food-contact surfaces and is not
				  required to be rinsed prior to contact with food; or
(8) A product that is labeled as bathroom and
				  tile cleaner, glass cleaner, general purpose cleaner, toilet or urinal care
				  product, metal polisher, carpet cleaner, or fabric refresher that may also make
				  sanitizing or anti-microbial claims on the label.
144. "S-coded fabric" means an
				  upholstery fabric designed to be cleaned with water-free spot cleaning products
				  as specified by the Joint Industry Fabrics Standard Committee.
145. "Sealant and caulking compound" means
				  any product with adhesive properties that is designed to fill, seal,
				  waterproof, or weatherproof gaps or joints between two (2) surfaces.
a. Sealants and caulking compounds do not
				  include roof cements and roof sealants; insulating foams; removable caulking
				  compounds; clear/paintable/water resistant caulking compounds; floor seam
				  sealers; products designed exclusively for automotive uses; or sealers that are
				  applied as continuous coatings.
b.
				  For the purposes of this definition only:
(1)
				  Removable caulking compounds means compounds which temporarily seal windows or
				  doors for three to six-month time intervals, and
(2) Clear/paintable/water resistant caulking
				  compounds means compounds which contain no appreciable level of opaque fillers
				  or pigments; transmit most or all visible light through the caulk when cured;
				  are paintable; and are immediately resistant to precipitation upon
				  application.
146. "Semisolid" means a product that, at
				  room temperature, will not pour, but will spread or deform easily, including
				  gels, pastes, and greases.
147.
				  "Shaving cream" means an aerosol product which dispenses a foam lather intended
				  to be used with a blade or cartridge razor, or other wet-shaving system, in the
				  removal of facial or other bodily hair.
a.
				  Shaving creams do not include shaving gels.
148. "Shaving gel" means an aerosol product
				  which dispenses a post-foaming semisolid designed to be used with a blade,
				  cartridge razor or other shaving system in the removal of facial or other
				  bodily hair.
a. Shaving gels do not include
				  shaving creams.
149.
				  "Silicone-based multi-purpose lubricant" means any lubricant which is:
a. Designed and labeled to provide lubricity
				  primarily through the use of silicone compounds including, but not limited to,
				  polydimethylsiloxane; and
b.
				  Designed and labeled for general purpose lubrication, or for use in a wide
				  variety of applications.
c.
				  Silicone-based multi-purpose lubricants do not include products designed and
				  labeled exclusively to release manufactured products from molds.
150. "Single-phase aerosol air
				  freshener" means an aerosol air freshener with the liquid contents in a single
				  homogeneous phase and which does not require that the product be shaken before
				  use.
151. "Solid" means a substance
				  or mixture of substances which, either whole or subdivided (such as the
				  particles comprising a powder), is not capable of visually detectable flow as
				  determined under ASTM D- 4359-96, incorporated in §
											31.4(A) of
				  this Part.
152. "Solid or paste
				  form furniture maintenance product" means a furniture maintenance product which
				  contains waxes and which is applied by being rubbed onto a surface and then
				  wiped off after drying occurs.
a. Solid or
				  paste form furniture maintenance product does not includer aerosol, liquid, and
				  pump-spray furniture maintenance products.
153. "Special purpose contact adhesive" means
				  a contact adhesive that meets the following conditions:
a. Product is used to bond melamine-covered
				  board, unprimed metal, unsupported vinyl, Teflon, ultra-high molecular weight
				  polyethylene, rubber, high pressure laminate or wood veneer 1/16 inch or less
				  in thickness to any porous or nonporous surface and is sold in units of
				  product, less packaging, that contain more than eight (8) fluid ounces;
				  or
b.  Product is used in
				  automotive under-the-hood applications requiring heat oil or gasoline
				  resistance or automotive body-side molding, weather strip or decorative trim
				  applications.
154.
				  "Special purpose spray adhesive" means an aerosol adhesive that meets any of
				  the following definitions:
a. "Mounting
				  adhesive" means an aerosol adhesive designed to permanently mount photographs,
				  artwork, and any other drawn or printed media to a backing (paper, board,
				  cloth, etc.) without causing discoloration to the artwork.
b. "Flexible vinyl adhesive" means an aerosol
				  adhesive designed to bond flexible vinyl to substrates. Flexible vinyl means a
				  nonrigid polyvinyl chloride plastic with at least five percent, by weight, of
				  plasticizer content. A plasticizer is a material, such as a high boiling point
				  organic solvent, that is incorporated into a plastic to increase its
				  flexibility, workability, or distensibility, and may be determined using ASTM
				  Method E 260-96 incorporated in §
												31.4(A) of
				  this Part or from product formulation data.
c. "Polystyrene foam adhesive" means an
				  aerosol adhesive designed to bond polystyrene foam to substrates.
d. "Automobile headliner adhesive" means an
				  aerosol adhesive designed to bond together layers in motor vehicle
				  headliners.
e. "Polyolefin
				  adhesive" means an aerosol adhesive designed to bond polyolefins 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, delaminates, etc.) or
				  for;
(2) The touch-up, repair, or
				  attachment of edgebanding materials, including but not limited to, other
				  laminates, synthetic marble, veneers, wood molding, and decorative
				  metals.
(3) 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 two hundred sixty-five degrees Fahrenheit (265°F), and at
				  pressures between one thousand (1,000) and one thousand four hundred (1,400)
				  psi.
g. "Automotive
				  engine compartment adhesive" means an aerosol adhesive designed for use in
				  motor vehicle under-the-hood applications which require oil and plasticizer
				  resistance, as well as high shear strength, at temperatures of two hundred
				  degrees Fahrenheit (200°F) to two hundred seventy-five degrees Fahrenheit
				  (275°F).
155.
				  "Specialty adhesive remover" means a product designed to remove reactive
				  adhesives from a variety of substrates. Reactive adhesives include adhesives
				  that require a hardener or catalyst in order for the bond to occur. Examples of
				  reactive adhesives include, but are not limited to: epoxies, urethanes and
				  silicones.
a. Specialty adhesive removers do
				  not include gasket or thread locking adhesive removers.
156. "Spot remover" means any product
				  designed to clean localized areas, or remove localized spots or stains on cloth
				  or fabric such as drapes, carpets, upholstery, and clothing, that does not
				  require subsequent laundering to achieve stain removal.
a. Spot remover does not include dry cleaning
				  fluid, laundry prewash, carpet and upholstery cleaner, or multi-purpose
				  solvent.
157. "Spray
				  buff product" means a product designed to restore a worn floor finish in
				  conjunction with a floor buffing machine and special pad.
158. "Stick product" means any antiperspirant
				  or deodorant that contains active ingredients in a solid matrix form, and that
				  dispenses the active ingredients by frictional action on the affected
				  area.
159. "Structural waterproof
				  adhesive" means an adhesive whose bond lines are resistant to conditions of
				  continuous immersion in fresh or salt water, and that conforms to Federal
				  Specification MMM-A-181D (Type 1, Grade A). This definition is as per the
				  Federal Consumer Products Regulation
				  40 C.F.R. §
												59, Subpart C.
160. "Temporary hair color" means, for
				  products manufactured on and after January 1, 2020, any product that applies
				  color, glitter, or UV-active pigments to hair, wigs, or fur and is removable
				  when washed. Temporary hair color includes hair color mousses and products
				  labeled to add texture or thickness to cover thinning or balding areas.
a. Temporary hair color does not include hair
				  spray, hair styling product, or hair mousse.
161. "Terrestrial" means to live on or grow
				  from land.
162. "Tire sealant and
				  inflator" means any pressurized product that is designed to temporarily inflate
				  and seal a leaking tire.
163.
				  "Toilet/urinal care product" means any consumer product designed or labeled to
				  clean and/or to deodorize toilet bowls, toilet tanks, or urinals. Toilet bowls,
				  toilet tanks, or urinals include, but are not limited to, toilets or urinals
				  connected to permanent plumbing in buildings and other structures, portable
				  toilets or urinals placed at temporary or remote locations, and toilet or
				  urinals in vehicles such as buses, recreational motor homes, boats, ships, and
				  aircraft.
a. Toilet/urinal care products do
				  not include bathroom and tile cleaners or general-purpose cleaners.
164. "Type A propellant" means a
				  compressed gas such as CO2, N2, N2O, or compressed air which is used as a
				  propellant and is either incorporated with the product or contained in a
				  separate chamber within the product's packaging.
165. "Type B propellant" means any halocarbon
				  which is used as a propellant, including chlorofluorocarbons (CFCs),
				  hydrochlorofluorocarbons (HCFCs) and hydrofluorocarbons (HFCs).
166. "Type C propellant" means any propellant
				  which is not a Type A or Type B propellant, including propane, isobutane,
				  n-butane, and dimethyl ether (also known as dimethyl oxide).
167. "Undercoating" means any aerosol product
				  designed to impart a protective, non-paint layer to the undercarriage, trunk
				  interior, and/or firewall of motor vehicles to prevent the formation of rust or
				  to deaden sound. Undercoating includes, but is not limited to, rubberized,
				  mastic, or asphaltic products.
168.
				  "Usage directions" means the text or graphics on the product's principal
				  display panel, label, or accompanying literature which describes to the end
				  user how and in what quantity the product is to be used.
169. "Vinyl/fabric/leather/polycarbonate
				  coating" means a coating designed and labeled exclusively to coat vinyl,
				  fabric, leather or polycarbonate substrates.
170. "Wasp and hornet insecticide" means any
				  insecticide product that is designed for use against wasps, hornets, yellow
				  jackets or bees by allowing the user to spray from a distance a directed stream
				  or burst at the intended insects, or their hiding place.
171. "Waterproofer" means a product designed
				  and labeled exclusively to repel water from fabric or leather substrates.
a. Waterproofers do not include fabric
				  protectants.
172. "Wax"
				  means a material or synthetic thermoplastic substance generally of high
				  molecular weight hydrocarbons or high molecular weight esters of fatty acids or
				  alcohols, except glycerol and high polymers (plastics). Wax includes, but is
				  not limited to, substances derived from the secretions of plants and animals
				  such as carnauba wax and beeswax, substances of a mineral origin such as
				  ozocerite and paraffin, and synthetic polymers such as polyethylene.
173. "Web spray adhesive" means any aerosol
				  adhesive which is not a mist spray or special purpose spray adhesive.
174. "Wood cleaner" means a product labeled
				  to clean wooden materials including but not limited to decking, fences,
				  flooring, logs, cabinetry, and furniture.
a.
				  Wood cleaners do not include dusting aids, general purpose cleaners, furniture
				  maintenance products, floor wax strippers, floor polish or wax, or products
				  designed and labeled exclusively to preserve or color wood.
175. "Wood floor wax" means
				  wax-based products for use solely on wood floors.