Section Env-A 4101.04 - Exemptions(a) This chapter shall not apply to a manufacturer or distributor who sells, supplies, or offers for sale in New Hampshire a consumer product that does not comply with the VOC standards specified in Env-A 4105.01(a), as long as the manufacturer or distributor can demonstrate both that the consumer product is intended for shipment and use outside of New Hampshire, and that the manufacturer or distributor has taken reasonable prudent precautions to assure that the consumer product is not distributed to New Hampshire. This exemption shall not apply to any person who sells, supplies, or offers for sale consumer products to retail outlets in New Hampshire.(b) The medium volatility organic compound (MVOC) content standards specified in Env-A 4105.01(a), for antiperspirants or deodorants, shall not apply to ethanol.(c) The VOC limits specified in Env-A 4105.01(a) shall not apply to: (1) Fragrances up to a combined level of 2 percent (%) by weight contained in any consumer product;(2) Colorants up to a combined level of 2% by weight contained in any antiperspirant or deodorant;(3) For antiperspirants or deodorants, those VOCs that contain more than 10 carbon atoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure of 2 millimeters of mercury (mm Hg) or less at 20 degrees Celsius (°C);(4) Low vapor pressure VOCs (LVP-VOC);(5) Air fresheners that are comprised entirely of one or more of the following: b. Any compound excluded from the definition of "VOC"; or(6) Insecticides containing at least 98% para-dichlorobenzene;(7) Any of the following adhesives: a. Adhesives sold in containers of one fluid (fl) ounce (oz) or less;b. A contact adhesive that is a non-aerosol product sold in units of product, less packaging, of more than one gallon; andc. A construction, panel, and floor covering adhesive or general purpose adhesive that is a non-aerosol product sold in units of product, less packaging, of more than one pound and more than 16 fl oz;(8) Bait station insecticides, if the bait is not more than 0.5 oz by weight; and(9) Sealant and caulking compounds sold in units of product, less packaging, of more than one pound and more than 16 fl oz.(d) The requirements of Env-A 4106.01 shall not apply to consumer products registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. §§136 through 136y.N.H. Code Admin. R. Env-A 4101.04
Amended by Volume XXXIV Number 11, Filed March 13, 2014, Proposed by #10527, Effective 2/26/2014, Expires2/26/2024.The amended version of this section by New Hampshire Register Volume 34, Number 50, eff.12/19/2014 is not yet available.