Cal. Code Regs. Tit. 17, § 94510 - Exemptions

(a) This article shall not apply to any consumer products manufactured in California for shipment and use outside of California.

(b) The provisions of this article shall not apply to a manufacturer or distributor who sells, supplies, or offers for sale in California a consumer product that does not comply with the VOC standards specified in Section 94509, as long as the manufacturer or distributor can demonstrate both that the consumer product is intended for shipment and use outside of California, and that the manufacturer or distributor has taken reasonable prudent precautions to assure that the consumer product is not distributed to California. This subsection (b) does not apply to consumer products that are sold, supplied, or offered for sale by any person to retail outlets in California.

(c) Except for Pressurized Gas Duster, the VOC limits specified in Section 94509(a) shall not apply to the following:

(1) For "General Purpose Cleaner" (nonaerosol) and "General Purpose Degreaser" (nonaerosol) products manufactured before January 1, 2031, fragrances up to a combined 2 percent by weight and monoterpenes up to a combined 0.25 percent by weight, not to exceed a combined total of 2 percent fragrances and monoterpenes by weight.

(2) For products, other than "General Purpose Cleaner" (nonaerosol) and "General Purpose Degreaser" (nonaerosol), manufactured before January 1, 2031, fragrances up to a combined level of 2 percent by weight.

(3) For "General Purpose Cleaner" (nonaerosol) and "General Purpose Degreaser" (nonaerosol) products manufactured on or after January 1, 2031, fragrances and/or monoterpenes up to a combined 0.25 percent by weight.

(4) For "Air Freshener," "Disinfectant," and "Sanitizer" products manufactured on or after January 1, 2031, fragrances up to a combined level of 0.25 percent by weight.

For the purposes of subsections (c)(1) and (c)(3), "Monoterpene" means one or more chemical compounds listed by the specific chemical name or associated Chemical Abstracts Service (CAS) number in Table 94510(c).

Table 94510(c)

Specified Monoterpenes

Chemical Name	CAS #
limonene (d isomer)	5989-27-5
limonene (l isomer)	5989-54-8
dipentene (dl-limonene)	138-86-3
[ALPHA]-pinene	80-56-8
[ALPHA]-pinene (d isomer)	7785-70-8
[ALPHA]-pinene (l isomer)	7785-26-4
[BETA]-pinene	127-91-3
[BETA]-pinene (l isomer)	18172-67-3

(d) The VOC limits specified in Section 94509(a), and the provisions identified in Section 94510(c), shall not apply to any LVP-VOC.

(e) The requirements of Section 94512(b) shall not apply to consumer products registered under the Federal Insecticide, Fungicide, and Rodenticide Act, (FIFRA; 7 U.S.C. Section 136-136y).

(f) The VOC limits specified in Section 94509(a) shall not apply to air fresheners that are comprised entirely of fragrance, less compounds not defined as VOCs under Section 94508 or exempted under Section 94510(d).

(g) The VOC limits specified in Section 94509(a) shall not apply to:

(1) insecticides containing at least 98% para-dichlorobenzene.

(2) Until December 30, 2006, the VOC limits specified in Section 94509(a) shall not apply to solid air fresheners containing at least 98% para-dichlorobenzene. On or after December 31, 2006, the provisions of section 94509(m)(2) apply to solid air fresheners containing para-dichlorobenzene.

(h) Except as specified in 94510(h)(3) below, the VOC limits specified in Section 94509(a) shall not apply to:

(1) existing personal fragrance products or personal fragrance products in development on or before April 1, 1992, provided that both (i) the registration data specified in section 94513 is submitted for every such product by the date specified in section 94513(a), or prior to July 1, 1993, whichever date occurs later, and (ii) such product is sold in California prior to January 1, 1994. For the purposes of this subsection, a product "in development" means:

(A) a product which a fragrance materials manufacturer is designing at the request of a personal fragrance product manufacturer, or

(B) a product which is the subject of a written marketing profile or other documentation authorizing the creation and marketing of the product.

(2) personal fragrance products in development may be registered to qualify for this exemption under hypothetical trade names or pseudonyms, provided that the actual trade name is supplied to the Executive Officer within 30 days of marketing such products, or January 1, 1994, whichever occurs first.

(3) Effective December 31, 2014, subsections 94510(h)(1) and 94510(h)(2) shall no longer apply to any "Personal Fragrance Product" that contains 20 percent or less fragrance. Products manufactured before December 31, 2014 may be sold, supplied, or offered for sale until December 31, 2017, so long as the product complies with the product dating requirements in Section 94512(b).

(i) The VOC limits specified in section 94509(a) shall not apply to adhesives sold in containers of 1 fluid ounce or less.

(j) The VOC limits specified in Section 94509(a) shall not apply to any VOC which is a fragrance in a personal fragrance product.

(k) The VOC limits specified in 94509(a) shall not apply to bait station insecticides. For the purpose of this section, bait station insecticides are containers enclosing an insecticidal bait that is not more than 0.5 ounce by weight, where the bait is designed to be ingested by insects and is composed of solid material feeding stimulants with less than 5 percent (%) active ingredients.

(l) Except as specified in 94510(l)(1), the 1/1/99 VOC limits specified in Section 94509(a) for personal fragrance products shall not apply to such products which have been sold in California prior to 1/1/99.

(1) On or after December 31, 2014, the 75 percent by weight VOC limit shall apply to any "Personal Fragrance Product" that contains 20 percent or less fragrance. Products manufactured before December 31, 2014 may be sold, supplied, or offered for sale until December 31, 2017, so long as the product complies with the product dating requirements in Section 94512(b).

(m) Until December 31, 2013, the VOC limits specified in Section 94509(a), and the prohibition of Aromatic Compounds listed in section 94509(p)(1), shall not apply to Paint Thinners that are packaged in containers with a capacity less than or equal to 8 fluid ounces.

Notes

Cal. Code Regs. Tit. 17, § 94510

1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12).
2. Amendment of subsections (b)-(d) and (g) and new subsections (h)-(l) 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 subsection (b) filed 7-17-98; operative 8-16-98 (Register 98, No. 29).
5. Amendment of subsection (g) and new subsections (g)(1)-(2) filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25).
6. Amendment of subsection (e) filed 11-8-2007; operative 12-8-2007 (Register 2007, No. 45).
7. Amendment of subsections (c) and (h), new subsection (h)(3), amendment of subsection (l) and new subsection (l)(1) filed 6-18-2009; operative 7-18-2009 (Register 2009, No. 25).
8. New subsection (m) filed 9-20-2010; operative 10-20-2010 (Register 2010, No. 39).
9. Amendment of subsections (c), (g)(2) and (m) filed 11-10-2011; operative 12-10-2011 (Register 2011, No. 45).
10. Amendment of subsection (c), new subsections (c)(1)-(4), amendment of subsection (d) and amendment of 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 39600, 39601, 39515, 39516, 41503.5, 41511, 41700 and 41712, Health and Safety Code. Reference: Sections 39000, 39002, 39003, 39600, 39602, 40000, 41504, 41511, 41700 and 41712, Health and Safety Code.

1. New section filed 9-19-91; operative 10-21-91 (Register 92, No. 12).
2. Amendment of subsections (b)-(d) and (g) and new subsections (h)-(l) 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 subsection (b) filed 7-17-98; operative 8-16-98 (Register 98, No. 29).
5. Amendment of subsection (g) and new subsections (g)(1)-(2)filed 6-20-2005; operative 7-20-2005 (Register 2005, No. 25).
6. Amendment of subsection (e) filed 11-8-2007; operative 12-8-2007 (Register 2007, No. 45).
7. Amendment of subsections (c) and (h), new subsection (h)(3), amendment of subsection (l) and new subsection (l)(1) filed 6-18-2009; operative 7-18-2009 (Register 2009, No. 25).
8. New subsection (m) filed 9-20-2010; operative 10-20-2010 (Register 2010, No. 39).
9. Amendment of subsections (c), (g)(2) and (m) filed 11-10-2011; operative 12-10-2011 (Register 2011, No. 45).
10. Amendment of subsection (c), new subsections (c)(1)-(4), amendment of subsection (d) and amendment of 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.