Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 115 - CONTROL OF AIR POLLUTION FROM VOLATILE ORGANIC › Subchapter G - CONSUMER-RELATED SOURCES › Division 1 - AUTOMOTIVE WINDSHIELD WASHER FLUID › Section 115.600 - Consumer Products Definitions

Current through Reg. 49, No. 28; July 12, 2024
Unless specifically defined in the Texas Clean Air Act
						(TCAA) or in the rules of the commission, the terms used by the commission have
						the meanings commonly ascribed to them in the field of air pollution control.
						In addition to the terms which are defined by the TCAA, the following terms,
						when used in this division (relating to Automotive Windshield Washer Fluid),
						shall have the following meanings, unless the context clearly indicates
						otherwise. Additional definitions for terms used in this division are found in
						§§
											3.2,
						101.1, and
						115.10 of
						this title (relating to Definitions).
(1) Automotive windshield washer fluid--Any
					 liquid designed for use in a motor vehicle windshield washer fluid system
					 either as an antifreeze or for the purpose of cleaning, washing, or wetting the
					 windshield(s).
(2) Consumer--Any
					 person who purchases or acquires any consumer product for personal, family,
					 household, or institutional use. Persons acquiring a consumer product for
					 resale are not considered consumers of that product.
(3) Consumer product--Any substance, product,
					 or article, held by any consumer, the use, consumption, storage, disposal, or
					 destruction of which may result in the release of volatile organic compounds.
					 This does not include fuels, fuel additives, motor vehicles, non-road vehicles,
					 non-road engines, or architectural coatings.
(4) Container/packaging--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. This
					 includes any article onto or into which the principal display panel is
					 incorporated, etched, printed, or attached.
(5) Distributor--Any person to whom a
					 consumer product is sold or supplied for the purposes of resale or distribution
					 in commerce, except that manufacturers, retailers, and consumers are not
					 distributors.
(6) Fragrance--A
					 substance or complex mixture of aroma chemicals, natural essential oils, and
					 other functional components with a combined vapor pressure not in excess of two
					 millimeters mercury at 20 degrees Celsius, which is added to a consumer product
					 to impart an odor or scent or to counteract a malodor.
(7) Initial sale--The bargain, sale,
					 transfer, or delivery with intent to pass an interest therein, other than a
					 lien, of a motor vehicle which has not been previously registered or licensed
					 in Texas or elsewhere; and such a bargain, sale, transfer, or delivery,
					 accompanied by registration or licensing of said vehicle in Texas or elsewhere,
					 shall constitute the first sale of said vehicle, irrespective of where such
					 bargain, sale, transfer, or delivery occurred.
(8) Label--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.
(9) Manufacturer--Any person who imports,
					 manufactures, assembles, produces, packages, repackages, or relabels a consumer
					 product for distribution or sale in Texas.
(10) Percent by weight--The total weight of
					 volatile organic compounds (VOCs) except those VOCs exempted under §
											115.617 of
					 this title (relating to Exemptions), expressed as a percentage of the total net
					 weight of the product exclusive of the container or package as calculated
					 according to the following equation:
Attached
						Graphic
(11)
					 Principal display panel or panels--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.
(12) Retailer--Any person
					 who sells, supplies, or offers consumer products for sale directly to
					 consumers.
(13) Retail outlet--Any
					 establishment at which consumer products are sold, supplied, or offered for
					 sale directly to consumers.
(14)
					 Subsequent sale--The bargain, sale, transfer, or delivery, with intent to pass
					 an interest therein, other than a lien, of a motor vehicle which has been
					 registered or licensed outside of Texas, save and except when such vehicle is
					 not required under law to be registered or licensed in Texas or elsewhere; and
					 any such bargain, sale, transfer, or delivery of a motor vehicle after same has
					 been registered or licensed shall constitute a subsequent sale, irrespective of
					 where bargain, sale, transfer, or delivery occurred.
(15) Usage directions--The text or graphics
					 on the product's label or accompanying literature which describes to the end
					 user how and in what quantity the product is to be used.