Printer-friendlySubpart 235-6: Administrative Requirements
(Statutory authority: Environmental Conservation Law, §§ 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0305)
[Filed 9/22/04. 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) Code-dating. 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. 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 disassembling any part of the container or packaging. 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. No person shall erase, alter, deface or otherwise remove or make illegible any date or code-date from any regulated product container without the express authorization of the manufacturer. The requirements of this provision shall not apply to products containing no VOCs (as defined in Part 200 of this Title), or containing VOCs at 0.10 percent by weight or less.
(b) 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 code must be filed with the director, Division of Air Resources, Department of Environmental Conservation no later than 12 months prior to the effective date of the applicable standard specified in section 235-3.1(a) of this Part.
(c) Most restrictive limit. Notwithstanding the definition of product category as defined in section 235-2.1(dn) of this Part, if anywhere on the principal display panel of any consumer product, 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 and antiperspirant/deodorant products.
(d) Additional labeling requirements for aerosol 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 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, 2005:
(i) the aerosol adhesive 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, 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.