Section 94506 - Test Methods(a)(1) Testing to determine the volatile organic compound of an antiperspirant or deodorant, or to determine compliance with the requirements of this article, shall be performed using California Air Resources Board Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products and Reactive Organic Compounds (ROC) in Aerosol Coating Products, adopted September 25, 1997, and as last amended on August 1, 2022, which is incorporated herein by reference. Alternative methods which are shown to accurately determine the concentration of VOCs in a subject product or its emissions may be used upon approval of the Executive Officer.(2) Sections 3.4 and 3.6 of California Air Resources Board (CARB) Method 310 describe the process for the "Initial Determination of VOC Content" and the "Final Determination of VOC Content." This process is an integral part of the testing procedure set forth in CARB Method 310, and is reproduced below: Sections 3.4 and 3.6 of California Air Resources Board Method 310
3.4 Initial Determination of VOC Content. If the Executive Officer makes a VOC content determination, they shall do so pursuant to sections 3.2 and 3.3. Only those components with concentrations equal to or greater than 0.1 percent by weight shall be reported.3.4.1 Using the appropriate equation specified in section 4.0, the Executive Officer shall make an initial determination of whether the product meets the applicable VOC standards specified in the Consumer Products Regulations, under sections 94502 and 94509. If initial results show that the product does not meet the applicable VOC standards, the Executive Officer may perform additional testing to confirm the initial results.3.4.2 If the results obtained under section 3.4.1 show that the product does not meet the applicable VOC standards, the Executive Officer may request the responsible party to supply product formulation data to confirm compliance with the applicable VOC standard. The responsible party shall supply the requested information within 25 working days of the request. Information submitted to the Executive Officer may be claimed as confidential. The Executive Officer shall handle confidential information in accordance with Title 17, CCR, sections 91000 to 91022. Failure to respond to an Executive Officer request for this information is a violation.3.4.3 If the Executive Officer determines, based on testing, information they may receive from the responsible party, and any other applicable evidence, that the product does not comply with the applicable VOC standard, the Executive Officer will take appropriate enforcement action.3.6Final Determination of VOC Content. If a product's compliance status is not satisfactorily resolved under section 3.4 and 3.5, the Executive Officer may conduct further analyses and testing as necessary based on the Executive Officer's scientific judgment to verify the formulation data. 3.6.1 If the Executive Officer is unable to verify the accuracy of the supplied formulation data, then the Executive Officer may ask the responsible party to supply additional information to explain the discrepancy.3.6.2 If there exists a discrepancy that cannot be resolved between the results of Method 310 and the supplied formulation data, then the results of Method 310 shall take precedence over the supplied formulation data. The results of Method 310 shall then determine if the product is in compliance with the applicable VOC standards, and may be used to establish a violation of CARB regulations.(b) Testing to determine compliance with the requirements of this article may also be demonstrated through calculation of the volatile organic compound content from records of the amounts of constituents used to make the product. Compliance determination based on these records may not be used unless the responsible party of a consumer product keeps accurate records for each day of production of the amounts and chemical composition of the individual product constituents. These records must be kept for at least three years.(c) No person shall create, alter, falsify, or otherwise modify records in such a way that the records do not accurately reflect the constituents used to manufacture a product, the chemical composition of the individual product, and any other tests, processes, or records used in connection with product manufacture.Cal. Code Regs. Tit. 17, § 94506
1. New section filed 1-28-91; operative 2-27-91 (Register 91, No. 9).
2. Amendment of subsection (a) and adoption of subsection (b) filed 9-19-91; operative 10-21-91 (Register 92, No. 12).
3. Amendment of subsection (b) filed 12-7-92; operative 1-6-93 (Register 92, No. 50).
4. New subsection (c) filed 2-29-96; operative 3-30-96 (Register 96, No. 9).
5. Amendment of section and NOTE filed 11-13-97; operative 12-13-97 (Register 97, No. 46).
6. Amendment filed 11-16-99; operative 12-16-99 (Register 99, No. 47).
7. Amendment of subsection (a)(1) filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25).
8. Amendment of subsection (a)(1) filed 9-17-2014; operative 1-1-2015 (Register 2014, No. 38).
9. Amendment of subsections (a)-(b) filed 12-31-2018; operative 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 1).
10. Amendment of section and 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, 39607, 41503.5, 41511, 41700 and 41712, Health and Safety Code. Reference: Sections 39000, 39002, 39003, 39600, 39607, 39701, 40000, 41511, 41700 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 (a) and adoption of subsection (b) filed 9-19-91; operative 10-21-91 (Register 92, No. 12).
3. Amendment of subsection (b) filed 12-7-92; operative 1-6-93 (Register 92, No. 50).
4. New subsection (c) filed 2-29-96; operative 3-30-96 (Register 96, No. 9).
5. Amendment of section and Note filed 11-13-97; operative 12-13-97 (Register 97, No. 46).
6. Amendment filed 11-16-99; operative 12-16-99 (Register 99, No. 47).
7. Amendment of subsection (a)(1) filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25).
8. Amendment of subsection (a)(1) filed 9-17-2014; operative 1/1/2015 (Register 2014, No. 38).
9. Amendment of subsections (a)-(b) filed 12-31-2018; operative 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 1).
10. Amendment of section and 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.