Section 93120.7 - Requirements for Fabricators That Use Hardwood Plywood (HWPW), Particleboard (PB), Medium Density Fiberboard (MDF), and Finished Goods Containing Those Materials(a) Emission Standards.(1) Except as provided in the "sell-through" provisions of section 93120.12, Appendix 1, all fabricators must comply with the requirements of section 93120.2(a) for all composite wood products and finished goods containing these materials that are sold, supplied, offered for sale, or purchased for sale in California.(2) Fabricators that produce laminated products, and do not manufacture composite wood products, do not need to comply with the manufacturer requirements regarding third party certification in section 93120.3(b).(3) If the platform used by a fabricator to produce a laminated product consists of a composite wood product, the platform must comply with the applicable emission standards specified in section 93120.2(a).(4) Fabricators manufacturing composite wood products exclusively for use by the fabricator in making finished goods must comply with all requirements of section 93120.3, except the product labeling requirements contained in section 93120.3(e).(b) Exemptions. (1) Windows that contain composite wood products are exempt from the requirements of this section if the window product contains less than five percent by volume of HWPW, PB, or MDF combined in relation to the total volume of the finished window product.(2) Exterior doors and garage doors that contain composite wood products are exempt from the requirements of this section if either: (A) the doors are made from composite wood products manufactured with no-added formaldehyde based resins or ULEF resins; or(B) the doors contain less than three percent by volume of HWPW, PB, or MDF combined in relation to the total volume of the finished exterior door or garage door.(3) Local government agencies and school districts do not need to comply with recordkeeping or product labeling requirements of section 93120.7 unless finished goods are being sold, offered for sale, or manufactured for sale in California.(c) Additional Requirements to Help Ensure that Complying Composite Wood Products and Finished Goods are Purchased. Fabricators must take reasonable prudent precautions to ensure that the composite wood products and composite wood products contained in finished goods that they purchase are in compliance with the applicable emission standards specified in section 93120.2(a), and are labeled as complying with the applicable Phase 1 or Phase 2 standards in section 93120.2(a). "Reasonable prudent precautions" include, at a minimum, instructing each supplier that the goods they supply to the fabricator must comply with the applicable emission standards, and obtaining written documentation from each supplier that this is so. In addition, fabricators must keep records showing the date of purchase and the supplier of the composite wood products and finished goods, and document the precautions taken to ensure that the composite wood products and composite wood products contained in finished goods comply with applicable emission standards. These records must be kept in electronic or hard copy form for a minimum of two years and provided to ARB or local air district personnel upon request. This section does not affect the liability of any person for any violation of section 93120.2(a).
(d) Product Labeling Requirements. Fabricators must:(1) Label their finished goods containing HWPW, PB, or MDF destined for sale or supply in California. The label shall be applied as a stamp, tag, sticker, or bar code on every finished good produced, or on every box containing finished goods. The label shall include, at a minimum, the fabricator's name, the date the finished good was produced and a marking to denote that the product was made with HWPW, PB, or MDF that complies with the applicable Phase 1 or Phase 2 emission standards in section 93120.2(a). Finished goods shall be labeled as having been made with no-added formaldehyde based resins or ULEF resins if this is so for all HWPW, PB, or MDF used in fabricating the finished goods.(2) Designate their goods as being made with HWPW, PB, or MDF that complies with the applicable emission standards specified in section 93120.2(a) on the bill of lading or invoice provided to distributors, importers, other fabricators, or retailers.(e) Facility inspections. Fabricators are subject to periodic inspection by ARB or local air district personnel. In the course of an inspection, ARB or local air district personnel may request to audit records or secure samples for testing. Composite wood products or finished goods secured during an inspection are subject to testing, using the applicable enforcement test method specified in section 93120.9, to determine compliance with the applicable emission standards.Cal. Code Regs. Tit. 17, § 93120.7
1. New section filed 4-18-2008; operative 4-18-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 16). Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41511 and 41712, Health and Safety Code. Reference: Sections 39650, 39658, 39659, 39665, 39666, 41511 and 41712, Health and Safety Code.
1. New section filed 4-18-2008; operative 4-18-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 16).