Section 94512 - Administrative Requirements(a)Most Restrictive Limit.(1) Except as provided below in section 94512(a)(4), notwithstanding the definition of "product category" in Section 94508, if anywhere on the container or packaging of any consumer product manufactured on or after January 1, 2007, or any FIFRA-registered insecticide manufactured on or after January 1, 2008, or on any sticker or label affixed thereto, any representation is made that the product may be used as, or is suitable for use as a consumer product for which a lower VOC limit is specified in Section 94509(a), then the lowest VOC limit shall apply. This requirement does not apply to general purpose cleaners and insecticide foggers.(2)Rule that applies when Product Category definitions exclude each other.When determining the applicable VOC standard for a product that meets the definitions for both "Regulated Category A" and "Regulated Category B", in circumstances where the definition of "Regulated Category A" states that it excludes "Regulated Category B", and the definition of "Regulated Category B" states that it excludes "Regulated Category A," the product is subject to the VOC standard for whichever regulated category, "A" or "B," has the lower VOC standard.
For the purposes of this section, a "Regulated Category" means a category of consumer products that is both:
(A) defined in section 94508(a), and(B) has a VOC standard specified in section 94509(a) for that product category.(3) Notwithstanding the provisions of section 94512(a)(1) and (2), a product that makes ancillary disinfecting, sanitizing, or antimicrobial claims on the label is not subject to the VOC standards for "Disinfectant" or "Sanitizer" if the product is designed and labeled on the Principal Display Panel as a "Bathroom and Tile Cleaner," "Carpet/Upholstery Cleaner," "Fabric Refresher," "General Purpose Cleaner," "Glass Cleaner," "Metal Polish or Cleanser," or "Toilet/Urinal Care Product."(4) Pursuant to section 94509(p)(4), the provisions of section 94512(a)(1), (a)(2), and (a)(3) shall not apply to nonaerosol "Multi-purpose Solvent" or "Paint Thinner" product sold, supplied, offered for sale, or manufactured for use in the South Coast Air Quality Management District.(b)Product Dating(1) Each manufacturer of a consumer product subject to Section 94509 shall clearly display on each consumer product container or package, the day, month, and year on which the product was manufactured, or a code indicating such date. Codes that represent a sequential batch number, or that otherwise cannot be attributed to a specific day, month, and year, do not satisfy this requirement.(2) A manufacturer who uses the following code to indicate the date of manufacture shall not be subject to the requirements of section 94512(c)(1), if the code is represented separately from other codes on the product container so that it is easily recognizable: YY DDD = year year day day day
Where: "YY" = two digits representing the year in which the product was manufactured, and
"DDD" = three digits representing the day of the year on which the product was manufactured, with "001" representing the first day of the year, "002" representing the second day of the year, and so forth (i.e. the "Julian date").
(3) This date or code shall be displayed on each consumer product container or package no later than twelve months prior to the effective date of the applicable standard specified in section 94509.(4) Except as otherwise provided in subsection (b)(5), for products manufactured on or after January 1, 2006, the date or code shall be displayed on the product container such that it is readily observable without irreversibly disassembling any portion of the product container or packaging. For the purposes of this subsection, information may be displayed on the bottom of a container as long as it is clearly legible without removing any product packaging.(5)Products Sold in Multi-unit Packages.(A) Products sold, supplied, or offered for sale in multi-unit packages are not required to comply with subsection (b)(4).(B) If a multi-unit package does not comply with subsection (b)(4), the "sell-through" provisions of section 94509(c)(1) shall not apply to the individual product units contained within the multi-unit package. In other words, if any multi-unit package produced or assembled after January 1, 2006, does not display the date(s) or date-code(s) of the product units, such that the displayed information is readily observable without irreversibly disassembling any portion of the container or packaging, the individual product units shall be subject to the VOC standards in effect when the multi-unit package is sold, supplied, or offered for sale, regardless of the date on which the product units were manufactured.(C) A multi-unit package may comply with subsection (b)(4) by displaying the date of assembly instead of the date(s) or date-code(s) of the individual product units, so long as the date of assembly is readily observable without irreversibly disassembling any portion of the container or packaging. The "date of assembly" means the date that the individual product units are assembled into the finished multi-unit package. If the date of assembly is displayed instead of the individual date(s) or date-code(s), the "date of assembly" shall be the "date of manufacture" for all of the product units contained within the multi-unit package. In other words, all of the product units shall be deemed to have been manufactured on the date these units are assembled into the multi-unit package, even if the individual product units show different date(s) or date-code(s), and the "date of assembly" shall be "date of manufacture" of each product unit for the purposes of applying the "sell-through" provisions of section 94509(c).(6) The requirements of this subsection (b) shall not apply to: (A) personal fragrance products of 2 milliliters or less, which are offered to consumers free of charge for the purpose of sampling the product; or(B) products containing no VOCs (as defined in section 94508), or containing VOCs at 0.10% by weight or less.(c)Additional Product Dating Requirements(1) If a manufacturer uses a code indicating the date of manufacture, for any consumer product subject to section 94509 an explanation of the code must be filed with the Executive Officer of the ARB no later than twelve months prior to the effective date of the applicable standard specified in section 94509. Thereafter, manufacturers using a code must file an explanation of the code with the Executive Officer on an annual basis, beginning in 2006. The explanation of the code must be received by the Executive Officer on or before January 31st of each year, with the first explanation due on or before January 31, 2006.(2) If a manufacturer changes any code indicating the date of manufacture for any consumer product subject to subsection (c)(1), an explanation of the modified code must be received by the Executive Officer before any products displaying the modified code are sold, supplied, or offered for sale in California.(3) No person shall erase, alter, deface, or otherwise remove or make illegible any date or code indicating the date of manufacture from any regulated product container without the express authorization of the manufacturer.(4) Codes indicating the date of manufacture are public information and may not be claimed as confidential.(d)Additional Labeling Requirements for Aerosol Adhesive, Adhesive Remover, Electronic Cleaner, Electrical Cleaner, Energized Electrical Cleaner, Contact Adhesive, and Sealant or Caulking Compound (nonaerosol).(1) In addition to the requirements specified in subsections (a), (b) and (c), both the manufacturer and responsible party for each aerosol adhesive, adhesive remover, electronic cleaner, electrical cleaner, energized electrical cleaner, contact adhesive product, and sealant or caulking compound (nonaerosol) subject to this article shall ensure that all products clearly display the following information on each product container which is manufactured on or after the effective date for the category specified in section 94509(a), except that for nonchemically curing sealant or caulking compound (nonaerosol), the effective date of this requirement is December 31, 2010, and for chemically curing sealant or caulking compound (nonaerosol), the effective date of this requirement is December 31, 2012: (A) The product category as specified in section 94509(a) or an abbreviation of the category shall be displayed;(B)1. The applicable VOC standard for the product is specified in section 94509(a), except for Energized Electrical Cleaner, expressed as a percentage by weight, shall be displayed unless the product is included in an alternative control plan approved by the Executive Officer, as provided in Article 4, Sections 94540-94555, Title 17, California Code of Regulations, and the product exceeds the applicable VOC standard;2. If the product is included in an alternative control plan approved by the Executive Officer, and the product exceeds the applicable VOC standard specified in section 94509(a), the product shall be labeled with the term "ACP" or "ACP product;"(C) If the product is classified as a special purpose spray adhesive, the applicable substrate and/or application or an abbreviation of the substrate/application that qualifies the product as special purpose shall be displayed;(D) If the manufacturer or responsible party uses an abbreviation as allowed by this subsection 94512(d)(1)(A), an explanation of the abbreviation must be filed with the Executive Officer before the abbreviation is used.(2) The information required in section 94512(d)(1), shall be displayed on the product container such that it is readily observable without removing or disassembling any portion of the product container or packaging. For the purposes of this subsection, information may be displayed on the bottom of a container as long as it is clearly legible without removing any product packaging.(3) No person shall remove, alter, conceal, or deface the information required in section 94512(d)(1) prior to final sale of the product.(e)Additional Requirements for Multi-purpose Solvent and Paint Thinner.The following requirements apply in addition to the requirements specified in section 94512(a), (b), and (c):
(1) Except as provided below in section 94512(e)(2), effective December 31, 2010, until December 31, 2017, no person shall sell, supply, offer for sale, or manufacture for use in California any "Flammable" or "Extremely Flammable" Multi-purpose Solvent or Paint Thinner named, on the Principal Display Panel as "Paint Thinner," "Multi-purpose Solvent," "Clean-up Solvent," or "Paint Clean-up."(2) Section 94512(e)(1) does not apply to products that meet either of the following criteria: (A) Products which include an attached "hang tag," sticker, or contrasting square or rectangular area on the Principal Display Panel that displays, at a minimum, the following statements in a font size as large as, or larger than, the "signal word" (i.e., "DANGER," "WARNING," or "CAUTION") as specified in title 16, Code of Federal Regulations, section 1500.121: "Formulated to meet California VOC limits; see warnings on label; Vea las advertencias en la etiqueta, formulado complacientes con leyes de California" or
(B) Products where the Principal Display Panel displays, in both English and Spanish and a font size as large as, or larger than, the font size of all other words on the Principal Display Panel, excluding the company name, brand name, and logo, the common name of the chemical compound (e.g., "Acetone," "Methyl acetate," etc.) that results in the product meeting the criteria for "Flammable" or "Extremely Flammable."(3) For the purposes of this subsection (e), a product is "Flammable" or Extremely Flammable" if it is labeled as "Flammable" or "Extremely Flammable" on the product container, or if the product meets the criteria for these terms specified in title16, Code of Federal Regulations, section 1500.3(c)(6).(f)Record Retention Requirements for Energized Electrical Cleaner Sales Information(1) Beginning on January 1, 2023, all establishments identified as an "Automotive Parts and Accessories Store" or by code 441310 in NAICS, that sell, supply, or offer for sale in California, Energized Electrical Cleaner products, shall maintain any records that such establishments already routinely generate for such activity which indicate the date of sale, the name and manufacturer of the product, the quantity sold, and, the name and address of the facility or business to which the product is sold, if applicable. Said establishments shall maintain any such records for at least five years from the date of sale. Such records shall be made available within 10 business days to the Executive Officer, upon request, pursuant to subsection 94508(a)(40)(C). For the purposes of this provision, NAICS means the North American Industry Classification System United States, 2017, Executive Office of the President, Office of Management and Budget, which is incorporated by reference herein.
Cal. Code Regs. Tit. 17, § 94512
1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12).
2. Amendment filed 12-7-92; operative 1-6-93 (Register 92, No. 50).
3. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 47).
4. Amendment of subsections (b), (b)(2) and (c) filed 7-17-98; operative 8-16-98 (Register 98, No. 29).
5. New subsections (d)-(d)(3) filed 4-18-2001; operative 5-18-2001 (Register 2001, No. 16).
6. Amendment filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25).
7. Amendment of subsection (a)(3) filed 11-8-2007; operative 12-8-2007 (Register 2007, No. 45).
8. Amendment of subsections (b)(1), (d)-(d)(1) and (d)(1)(D) filed 6-18-2009; operative 7-18-2009 (Register 2009, No. 25).
9. New subsections (e)-(e)(3) filed 9-20-2010; operative 10-20-2010 (Register 2010, No. 39).
10. Repealer of subsection (a)(3), new subsections (a)(3)-(4) and amendment of subsections (d)-(d)(1) filed 11-10-2011; operative 12-10-2011 (Register 2011, No. 45).
11. Repealer of subsection (a)(1), subsection renumbering, amendment of newly designated subsections (a)(1) and (a)(3), new subsection (a)(4) and amendment of subsections (e)(1) and (e)(2)(A)-(B) filed 9-17-2014; operative 1-1-2015 (Register 2014, No. 38).
12. New subsections (f)-(f)(1) 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 39600, 39601 and 41712, Health and Safety Code. Reference: Sections 39002, 39600, 40000 and 41712, Health and Safety Code.
1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12).
2. Amendment filed 12-7-92; operative 1-6-93 (Register 92, No. 50).
3. Amendment filed 11-18-97; operative 11-18-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 47).
4. Amendment of subsections (b), (b)(2) and (c) filed 7-17-98; operative 8-16-98 (Register 98, No. 29).
5. New subsections (d)-(d)(3) filed 4-18-2001; operative 5-18-2001 (Register 2001, No. 16).
6. Amendment filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25).
7. Amendment of subsection (a)(3) filed 11-8-2007; operative 12-8-2007 (Register 2007, No. 45).
8. Amendment of subsections (b)(1), (d)-(d)(1) and (d)(1)(D) filed 6-18-2009; operative 7-18-2009 (Register 2009, No. 25).
9. New subsections (e)-(e)(3) filed 9-20-2010; operative 10-20-2010 (Register 2010, No. 39).
10. Repealer of subsection (a)(3), new subsections (a)(3)-(4) and amendment of subsections (d)-(d)(1) filed 11-10-2011; operative 12-10-2011 (Register 2011, No. 45).
11. Repealer of subsection (a)(1), subsection renumbering, amendment of newly designated subsections (a)(1) and (a)(3), new subsection (a)(4) and amendment of subsections (e)(1) and (e)(2)(A)-(B) filed 9-17-2014; operative 1/1/2015 (Register 2014, No. 38).
12. New subsections (f)-(f)(1) 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.