Cal. Code Regs. tit. 17 § 94501

Current through Register 2024 Notice Reg. No. 19, May 10, 2024

Section 94501 - Definitions

For the purpose of this article, the following definitions apply:

(a) "Aerosol Product" means a pressurized spray system that dispenses antiperspirant or deodorant ingredients.

(b) "Antiperspirant" means any product including, but not limited to, aerosols, roll-ons, stick, 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 20 percent in at least 50 percent of a target population.

(c) "Colorant" means any substance or mixture of substances, the primary purpose of which is to color or modify the color of something else.

(d) "Deodorant" means:

(1) for products manufactured before January 1, 2006: 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 minimize odor in the human axilla by retarding the growth of bacteria which cause the decomposition of perspiration.

(2) for products manufactured on or after January 1, 2006: any product including, but not limited to, aerosol, 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 ca be used on or applied to the human axilla to provide a scent and/or minimize order.

(e) "Executive Officer" means the Executive Officer of the California Air Resources Board (CARB or ARB) or their delegate.

(f) "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.

(g) "High Volatility Organic Compound (HVOC)" means any organic compound that exerts a vapor pressure greater than 80 millimeters of Mercury (mm Hg) when measured at 20°C.

(h) "Manufacturer" means any person who imports, manufactures, assembles, produces, packages, repackages, or relabels an antiperspirant or deodorant.

(i) "Medium Volatility Organic Compound (MVOC)" means any organic compound that exerts vapor pressure greater than 2 mm Hg and less than or equal to 80 mm Hg when measured at 20°C.

(j) "Non-aerosol Product" means any antiperspirant or deodorant that is not dispensed by a pressurized spray system.

(k) "Roll-on Product" means any antiperspirant or deodorant that dispenses active ingredients by rolling a wetted ball or wetted cylinder on the affected area.

(l) "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.

(m) "Volatile Organic Compound (VOC)" means any compound containing at least one atom of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, and excluding the following:

(1) methane,

methylene chloride (dichloromethane),

1,1,1-trichloroethane (methyl chloroform),

trichlorofluoromethane (CFC-11),

dichlorodifluoromethane (CFC-12),

1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113),

1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114),

chloropentafluoroethane (CFC-115),

chlorodifluoromethane (HCFC-22),

1,1,1-trifluoro-2,2-dichloroethane (HCFC-123),

1,1-dichloro-1-fluroethane (HCFC-141b),

1-chloro-1,1-difluorethane (HCFC-142b),

2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124),

trifluoromethane (HFC-23),

1,1,2,2-tetrafluoroethane (HFC-134),

1,1,1,2-tetrafluoroethane (HFC-134a),

pentafluoroethane (HFC-125),

1,1,1-trifluoroethane (HFC-143a),

1,1-difluoroethane (HFC-152a),

trans-1,3,3,3-tetrafluoropropene (HFO-1234ze),

cyclic, branched, or linear completely methylated siloxanes, the following classes of perfluorocarbons:

(A) cyclic, branched, or linear, completely fluorinated alkanes;

(B) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;

(C) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and

(D) sulfur-containing perfluorocarbons with no unsaturations and with the sulfur bonds to carbon and fluorine, and

(2) the following low-reactive organic compounds which have been exempted by the U.S. EPA:

acetone,

ethane,

methyl acetate, and

parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene).

Cal. Code Regs. Tit. 17, § 94501

1. New section filed 1-28-91; operative 2-27-91 (Register 91, No. 9).
2. Amendment of subsection (n) filed 12-7-92; operative 1-6-93 (Register 92, No. 50).
3. Amendment filed 2-29-96; operative 3-30-96 (Register 96, No. 9).
4. Amendment of subsection (m)(2) filed 5-25-99; operative 6-24-99 (Register 99, No. 22).
5. Amendment of subsection (d) and new subsections (d)(1)-(2) filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25).
6. Amendment of subsections (m)(1) and (m)(2) filed 9-17-2014; operative 1-1-2015 (Register 2014, No. 38).
7. Amendment of subsection (e) and amendment of NOTE filed 8-1-2022; operative 8-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 31). The one year deadline in Government Code section 11346.4(b) and the filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Sections 39515, 39516, 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code.

1. New section filed 1-28-91; operative 2-27-91 (Register 91, No. 9).
2. Amendment of subsection (n) filed 12-7-92; operative 1-6-93 (Register 92, No. 50).
3. Amendment filed 2-29-96; operative 3-30-96 (Register 96, No. 9).
4. Amendment of subsection (m)(2) filed 5-25-99; operative 6-24-99 (Register 99, No. 22).
5. Amendment of subsection (d) and new subsections (d)(1)-(2) filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25).
6. Amendment of subsections (m)(1) and (m)(2) filed 9-17-2014; operative 1/1/2015 (Register 2014, No. 38).
7. Amendment of subsection (e) and amendment of Note filed 8-1-2022; operative 8/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 31). The one year deadline in Government Code section 11346.4(b) and the filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.