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Subpart 235-6: Administrative Requirements

(Statutory authority: Environmental Conservation Law, §§ 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103 and 71-2105)

[Filed 09/15/09. Effective 30 days after filing.]

[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 3 contents page. A list of sections in this Subpart appears below.]

For administrative information about this posting, contact: Division of Air Resources. The Bureau of Air Quality Planning at (518) 402-8396 is the contact for technical questions pertaining to this rule.

Contents:

Sec.

§235-6.1 Administrative requirements

(a) Product dating.

(1) Each manufacturer of a consumer product subject to Subpart 235-3 of this Part 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.

(2) A manufacturer who uses the following code to indicate the date of manufacture shall not be subject to the requirements of paragraph (b)(1) of this section, 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 12 months prior to the effective date of the applicable standard specified in section 235-3.1(a) of this Part.

(4) The date or date-code information shall be located on the container or inside the cover/cap so that it is readily observable or obtainable (by simply removing the cap/cover) without irreversibly disassembling any part of the container or packaging. For the purposes of this subdivision, information may be displayed on the bottom of a container without removing any product packaging.

(5) The requirements of this subdivision shall not apply to:

(i) products containing no VOCs (as defined in section 200.1[cf] of this Title), or containing VOCs at 0.10 percent by weight or less.

(b) Additional product dating requirements.

(1) If a manufacturer uses a code indicating the date of manufacture, for any consumer product subject to Subpart 235-3 of this Part an explanation of the date portion of the code must be on file with the director, Division of Air Resources, Department of Environmental Conservation by the close of business on December 31, 2010.

(2) If a manufacturer changes any code indicating the date of manufacture for any consumer product subject to section 235-3.6(b)(1) of this Part, an explanation of the modified code must be submitted to the director, Division of Air Resources, Department of Environmental Conservation before any products displaying the modified code are sold, supplied, or offered for sale in the State of New York.

(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) Date code explanations for codes indicating the date of manufacture are public information and may not be claimed as confidential. (Note: If a manufacturer believes there is something in the date code explanation related to something other than the date of manufacture that the manufacturer believes to be confidential, then the manufacturer should modify the explanation prior to submitting it to the Department so that the date code explanation only includes non-confidential date code information.)

(c) Most restrictive limit.

(1) Products manufactured before January 1, 2010, and FIFRA-registered insecticides manufactured before January 1, 2011. Notwithstanding the definition of product category as defined in section 235-2.1(ec) of this Part, if anywhere on the principal display panel of any consumer product manufactured before January 1, 2010, or any FIFRA registered insecticide manufactured before January 1, 2011, 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 content limit is specified in section 235-3.1(a) of this Part, then the lowest VOC limit shall apply. This requirement does not apply to general purpose cleaners, antiperspirant/deodorant products and insecticide foggers.

(2) Products manufactured on or after January 1, 2010, and FIFRA-registered insecticides manufactured on or after January 1, 2011. Notwithstanding the definition of product category in section 235- 2.1(ec) of this Part, if anywhere on the container or packaging of any consumer product manufactured on or after January 1, 2010, or any FIFRA-registered insecticide manufactured on or after January 1, 2011, 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 235-3.1(a) of this Part, then the lowest VOC limit shall apply. This requirement does not apply to general purpose cleaners, antiperspirant/deodorant products and insecticide foggers.

(d) Additional labeling requirements for aerosol adhesives, adhesive removers, electronic cleaner, electrical cleaner, energized electrical cleaner, and contact adhesives.

(1) In addition to the requirements specified in subdivisions (a) and (c) of this section, and Subpart 235-7 of this Part, both the manufacturer and responsible party for each aerosol adhesive, adhesive removers, electronic cleaner, electrical cleaner, energized electrical cleaner, and contact adhesive product subject to this Part shall ensure that all products clearly display the following information on each product container which is manufactured on or after January 1, 2010:

(i) the product category as specified in section 235-3.1(a) of this Part or an abbreviation of the category shall be displayed;

(ii)(a) the applicable VOC content limit for the product that is specified in section 235-3.1(a) of this Part, 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 director, Division of Air Resources, Department of Environmental Conservation, as provided in Subpart 235-11 of this Part, and the product exceeds the applicable VOC content limit;

(b) if the product is included in an alternative control plan approved by the director, Division of Air Resources, Department of Environmental Conservation, and the product exceeds the applicable VOC content limits specified in section 235-3.1(a) of this Part, the product shall be labeled with the term ACP or ACP Product;

(iii) 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; and

(iv) if the manufacturer or responsible party uses an abbreviation as allowed by this subdivision, an explanation of the abbreviation must be filed with the director, Division of Air Resources, Department of Environmental Conservation before the abbreviation is used.

(2) The information required in paragraph (1) of this subdivision, 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 Subpart, 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 paragraph (1) of this subdivision prior to final sale of the product.