326 IAC 8-15-2 - Definitions
Authority: IC 13-14-8; IC 13-17-3-4
Affected: IC 13-11-2-158; IC 13-12; IC 15-16-4
Sec. 2.
The following definitions apply throughout this rule:
(1) "ACP " means alternative control
plan .
(2) "ACP agreement " means the
document that:
(A) includes the conditions
and requirements of the ACP ; and
(B) allows manufacturers to sell ACP products
in Indiana in accordance with section 6 of this rule.
(3) "ACP product " means any consumer product
subject to the VOC content limits specified in section 3(a) of this rule,
except those products that have been exempted under section 4 or 5 of this
rule.
(4) "Adhesive " means any
product that is used to bond one (1) surface to another by attachment. The term
does not include the following:
(A) Products
used on humans and animals.
(B)
Adhesive tape.
(C) Contact
paper.
(D) Wallpaper.
(E) Shelf liners.
(F) Any other product with an adhesive
incorporated onto or in an inert substrate.
(G) Units of product, less packaging, that
consist of more than one (1) gallon that meet the definition for contact
adhesive .
(H) Units of product,
less packaging, that:
(i) weigh more than one
(1) pound and consist of more than sixteen (16) fluid ounces; and
(ii) meet the definition of either
construction, panel, and floor covering adhesive or general purpose adhesive .
This limitation does not apply to aerosol adhesives.
(5)
"Adhesive remover" means the following:
(A) A
product designed to remove adhesive from either a specific substrate or a
variety of substrates.
(B) The term
includes the following:
(i) Floor or wall
covering adhesive remover.
(ii)
Gasket or thread locking adhesive remover.
(iii) General purpose adhesive
remover.
(iv) Specialty adhesive
remover.
(C) The term
does not include products that remove adhesive intended exclusively for use on
humans or animals.
(D) For the
purpose of this definition, "adhesive " means a substance used to bond one (1)
or more materials and includes, but is not limited to, the following:
(i) Caulks.
(ii) Sealants.
(iii) Glues.
(iv) Similar substances used for the purpose
of forming a bond.
(6) "Aerosol adhesive " means an aerosol
product in which the spray mechanism is permanently housed in a nonrefillable
can designed for hand-held application without the need for ancillary hoses or
spray equipment. The term includes the following:
(A) Special purpose spray
adhesives.
(B) Mist spray
adhesives.
(C) Web spray
adhesives.
(7) "Aerosol
cooking spray " means any aerosol product designed either to reduce sticking on
cooking and baking surfaces or to be applied on food, or both.
(8) "Aerosol product " means a pressurized
spray system that dispenses product ingredients by means of a:
(A) propellant contained in a product or a
product's container; or
(B)
mechanically induced force.
The term does not include
(9) "Agricultural use " means the
following:
(A) The use of any pesticide or
method or device for the control of pests in connection with the commercial
production, storage, or processing of any animal or plant crop.
(B) The term does not include the sale or use
of pesticides in properly labeled packages or containers that are intended for:
(i) home use ;
(ii) use in structural pest
control ;
(iii) industrial use ;
or
(iv) institutional
use .
(C) For the
purposes of this definition only, the following apply:
(i) "Home use " means use in a household or
its immediate environment.
(ii)
"Industrial use " means use:
(AA) for or in a
manufacturing, mining, or chemical process ; or
(BB) in the operation of factories,
processing plants, and similar sites.
(iii) "Institutional use " means use within
the lines of, or on the property necessary for the operation of, buildings,
such as the following:
(AA)
Hospitals.
(BB) Schools.
(CC) Libraries.
(DD) Auditoriums.
(EE) Office complexes.
(iv) "Structural pest control " means a use
requiring a license under IC 15-16-4.
(10) "Air freshener " means the following:
(A) Any consumer product designed for the
purpose of masking odors or freshening, cleaning, scenting, or deodorizing the
air, including, but not limited to, the following:
(i) Sprays.
(ii) Wicks.
(iii) Powders.
(iv) Crystals.
(B) To determine whether a product is an air
freshener , all verbal and visual representation regarding product use on the
label or packaging and in the product's literature and advertising may be
considered. The presence of, and representations about, a product's fragrance
and ability to deodorize (resulting from surface application) shall not
constitute a claim of air freshening.
(C) The term includes spray disinfectants and
other products that are expressly represented for use as air fresheners, except
institutional and industrial disinfectants when offered for sale through
institutional and industrial channels of distribution.
(D) The term does not include the following:
(i) Products that are used on the human
body.
(ii) Products that function
primarily as cleaning products as indicated on a product label .
(iii) Toilet or urinal care
products.
(iv) Disinfectant
products claiming to deodorize by killing germs on surfaces.
(v) Institutional or industrial disinfectants
when offered for sale solely through institutional or industrial channels of
distribution.
(11) "All other carbon-containing compounds"
means all other compounds that:
(A) contain at
least one (1) carbon atom; and
(B)
are not a Table B compound or an LVP-VOC .
(12) "All other forms" means all consumer
product forms for which no form-specific VOC standard is specified. Unless
otherwise specified by the applicable VOC standard in section 3(a) of this
rule, the term includes, but is not limited to, the following:
(A) Solids.
(B) Liquids.
(C) Wicks.
(D) Powders.
(E) Crystals.
(F) Cloth or paper wipes
(towelettes).
(13)
"Alternative control plan " or "ACP" means any emissions averaging program
approved by the department under section 6 of this rule.
(14) "Antimicrobial hand or body cleaner or
soap" means a cleaner or soap that is designed to reduce the level of
microorganisms on the skin through germicidal activity. The term:
(A) includes, but is not limited to:
(i) antimicrobial hand or body washes or
cleaners, or both;
(ii) food
handler hand washes;
(iii) health
care personnel hand washes;
(iv)
preoperative skin preparations; and
(v) surgical scrubs; and
(B) does not include:
(i) prescription drug products;
(ii) antiperspirants;
(iii) astringents or toner;
(iv) deodorant ;
(v) facial cleaner or soap ;
(vi) general use hand or body cleaner or
soap;
(vii) hand dishwashing
detergent (including antimicrobial);
(viii) heavy-duty hand cleaner or
soap ;
(ix) medicated astringent or
medicated toner ; and
(x) rubbing
alcohol .
(15)
"Antiperspirant " means any product that is intended by the manufacturer to be
used to reduce perspiration in the human axilla by at least twenty percent
(20%) in at least fifty percent (50%) of a target population. The term
includes, but is not limited to, the following:
(A) Aerosols.
(B) Roll-ons.
(C) Sticks.
(D) Pumps.
(E) Pads.
(F) Creams.
(G) Squeeze bottles.
(16) "Antistatic product " means a product
that is labeled to eliminate, prevent, or inhibit the accumulation of static
electricity. The term does not include the following products:
(A) Electronic cleaner .
(B) Floor polish or wax .
(C) Floor coating .
(D) Aerosol coating product.
(E) Architectural coating .
(17) "Architectural coating " means
a coating applied to the following:
(A)
Stationary structures and their appurtenances.
(B) Mobile homes.
(C) Pavements.
(D) Curbs.
(18) "ASTM " means the American Society for
Testing and Materials.
(19)
"Astringent or toner " means any product not regulated as a drug by the United
States Food and Drug Administration (FDA) that is applied to the skin for the
purpose of cleaning or tightening pores. The term:
(A) includes:
(i) clarifiers; and
(ii) substrate-impregnated products;
and
(B) does not
include:
(i) hand, face, or body cleaner or
soap product;
(ii) medicated
astringent;
(iii) medicated
toner;
(iv) cold cream;
(v) lotion; and
(vi) antiperspirant .
(20) "Automobile headliner
adhesive " means an aerosol adhesive designed to bond together layers in motor
vehicle headliners.
(21)
"Automotive brake cleaner " means a cleaning product designed to remove the
following from motor vehicle brake mechanisms:
(A) Oil.
(B) Grease.
(C) Brake fluid.
(D) Brake pad material.
(E) Dirt.
(22) "Automotive engine compartment adhesive "
means an aerosol adhesive designed for use in motor vehicle under-the-hood
applications that require oil and plasticizer resistance and high shear
strength at temperatures of two hundred (200) degrees Fahrenheit through two
hundred seventy-five (275) degrees Fahrenheit.
(23) "Automotive hard paste wax " means an
automotive wax or polish that:
(A) is designed
to protect and improve the appearance of automotive paint surfaces;
(B) is a solid at room temperature;
and
(C) contains zero percent (0%)
water by formulation.
(24) "Automotive instant detailer " means a
product designed for use in a pump spray that is:
(A) applied to the painted surface of
automobiles; and
(B) wiped off
prior to the product being allowed to dry.
(25) "Automotive rubbing or polishing
compound " means a product designed primarily to remove, from the painted
surfaces of motor vehicles without leaving a protective barrier, the following:
(A) Oxidation.
(B) Old paint .
(C) Scratches or swirl marks.
(D) Other defects.
(26) "Automotive wax , polish, sealant, or
glaze" means a product designed to seal out moisture, increase gloss, or
otherwise enhance a motor vehicle's painted surfaces. The term:
(A) includes, but is not limited to, products
designed for:
(i) use in auto body repair
shops;
(ii) use in "drive-through"
car washes; and
(iii) the general
public; and
(B) does not
include:
(i) automotive rubbing or polishing
compounds;
(ii) automotive wash and
wax products;
(iii)
surfactant-containing car wash products; and
(iv) products designed for use on unpainted
surfaces, including, but not limited to:
(AA)
bare metal;
(BB) chrome;
(CC) glass; and
(DD) plastic.
(27) "Automotive windshield washer
fluid " means any liquid designed for use in a motor vehicle windshield washer
system either:
(A) as an antifreeze;
or
(B) for the purpose of:
(i) cleaning;
(ii) washing; or
(iii) wetting;
the windshield.
The term does not include fluids placed by the
(28) "Bathroom and tile cleaner " means a
product designed to clean tile or surfaces in bathrooms. The term does not
include products designed primarily to clean the following:
(A) Toilet bowls.
(B) Toilet tanks.
(C) Urinals.
(29) "Bug and tar remover " means a product
labeled to remove either or both of the following from painted motor vehicle
surfaces without causing damage to the finish:
(A) Biological-type residues, such as the
following:
(i) Insect carcasses.
(ii) Tree sap.
(B) Road grime, such as the following:
(i) Road tar.
(ii) Roadway paint markings.
(iii) Asphalt.
(30) "CARB " means the California
Air Resources Board.
(31)
"Carburetor or fuel-injection air intake cleaners " means a product designed to
remove fuel deposits, dirt, or other contaminants from the following:
(A) A carburetor.
(B) A choke.
(C) The throttle body of a fuel-injection
system.
(D) Associated linkages.
The term does not include products designed exclusively to be introduced directly into the fuel lines or fuel storage tank prior to introduction into the carburetor or fuel injectors.
(32) "Carpet and upholstery
cleaner " means the following:
(A) A cleaning
product designed for the purpose of eliminating dirt and stains on the
following:
(i) Rugs.
(ii) Carpeting.
(iii) The interior of motor
vehicles.
(iv) Household
furniture.
(v) Objects upholstered
or covered with fabrics, such as the following:
(AA) Wool.
(BB) Cotton.
(CC) Nylon.
(DD) Other synthetic fabrics.
(B) The term includes,
but is not limited to, products that make fabric protectant claims.
(C) The term does not include the following:
(i) General purpose cleaners.
(ii) Spot removers.
(iii) Vinyl or leather cleaners.
(iv) Dry cleaning fluids.
(v) Products designed exclusively for use at
industrial facilities engaged in furniture or carpet manufacturing.
(33) "Charcoal lighter
material " means any combustible material designed to be applied on,
incorporated in, added to, or used with charcoal to enhance ignition. The term
does not include any of the following:
(A)
Electrical starters and probes.
(B)
Metallic cylinders using paper tinder.
(C) Natural gas.
(D) Propane.
(E) Fat wood .
(34) "Colorant " means any pigment or coloring
material used in a consumer product:
(A) for
an aesthetic effect; or
(B) to
dramatize an ingredient.
(35) "Construction, panel, and floor covering
adhesive " means any one-component adhesive that is designed exclusively for the
installation, remodeling, maintenance, or repair of the following:
(A) Structural and building components,
including the following:
(i) Beams.
(ii) Trusses.
(iii) Studs.
(iv) Paneling, including, but not limited to,
the following:
(AA) Dry wall or dry wall
laminates.
(BB) Fiberglass
reinforced plastic (FRP).
(CC)
Plywood.
(DD) Particle
board.
(EE) Insulation
board.
(FF) Predecorated hardboard
or tile board.
(v)
Ceiling and acoustical tile.
(vi)
Molding.
(vii) Fixtures.
(viii) Countertops.
(ix) Countertop laminates.
(x) Cove bases.
(xi) Wall bases.
(xii) Flooring or subflooring.
(B) Floor or wall coverings,
including the following:
(i) Wood or simulated
wood covering.
(ii)
Carpet.
(iii) Carpet pad or
cushion.
(iv) Vinyl-backed
carpet.
(v) Flexible flooring
material .
(vi) Nonresilient
flooring material.
(vii) Mirror
tiles and other types of tiles.
(viii) Artificial grass.
The term does not include
(36)
"Consumer " means any person who purchases or acquires any consumer product for
the following uses:
(A) Personal.
(B) Family.
(C) Household.
(D) Institutional.
The term does not include persons acquiring a
(37) "Consumer product" means the following:
(A) A chemically formulated product used by
household and institutional consumers, including, but not limited to, the
following:
(i) Detergents.
(ii) Cleaning compounds.
(iii) Polishes.
(iv) Floor finishes.
(v) Cosmetics.
(vi) Personal care products.
(vii) Home, lawn, and garden
products.
(viii)
Disinfectants.
(ix)
Sanitizers.
(x) Aerosol
paints.
(xi) Automotive specialty
products.
(xii) Aerosol adhesives,
including aerosol adhesives for the following uses:
(AA) Consumer .
(BB) Industrial.
(CC) Commercial.
(B) The term does not include the
following:
(i) Paint products.
(ii) Furniture coating .
(iii) Architectural coatings.
(38) "Contact adhesive "
means the following:
(A) An adhesive that:
(i) is designed for application to both
surfaces to be bonded together;
(ii) is allowed to dry before the two (2)
surfaces are placed in contact with each other;
(iii) forms an immediate bond that is
impossible, or difficult, to reposition after both adhesive -coated surfaces are
placed in contact with each other; and
(iv) does not need sustained pressure or
clamping of surfaces after the adhesive -coated surfaces have been brought
together using sufficient momentary pressure to establish full contact between
both surfaces.
(B) The
term does not include the following:
(i)
Rubber cements that are primarily intended for use on paper
substrates.
(ii) Vulcanizing fluids
that are designed and labeled for tire repair only.
(39) "Contact adhesive -general
purpose" means any contact adhesive that is not a contact adhesive -special
purpose.
(40) "Contact
adhesive -special purpose" means a contact adhesive that is used:
(A) to bond:
(i) melamine-covered board;
(ii) unprimed metal;
(iii) unsupported vinyl;
(iv) Teflon;
(v) ultrahigh molecular weight
polyethylene;
(vi) rubber;
and
(vii) high pressure laminate or
wood veneer, one-sixteenth (1/16) inch or less in thickness; to any porous or
nonporous surface, and is sold in units of product, less packaging, that
contain more than eight (8) fluid ounces; or
(B) in automotive applications that are:
(i) automotive under the hood applications
requiring heat, oil, or gasoline resistance; or
(ii) body side molding, automotive weather
strip, or decorative trim.
(41) "Container or packaging " means the part
or parts of the consumer or institutional product that serve only to:
(A) contain;
(B) enclose;
(C) incorporate;
(D) deliver;
(E) dispense;
(F) wrap; or
(G) store;
the chemically formulated substance or mixture of substances that is solely responsible for accomplishing the purposes that the product was designed or intended. The term includes any article onto or into which the principal display panel and other accompanying literature or graphics are incorporated, etched, printed, or attached.
(42) "Crawling bug insecticide " means the
following:
(A) Any insecticide product that is
designed for use against ants, cockroaches, or other household crawling
arthropods, including, but not limited to:
(i)
mites;
(ii) silverfish;
or
(iii) spiders.
(B) The term does not include
products designed to be used exclusively on humans or animals, or any house
dust mite product .
(C) For purposes
of this definition only, the following apply:
(i) "House dust mite product " means a product
whose label, packaging, or accompanying literature states that the product is
suitable for use against house dust mites, but does not indicate that the
product is suitable for use against ants, cockroaches, or other household
crawling arthropods.
(ii) "House
dust mite " means mites that:
(AA) feed
primarily on skin cells shed in the home by humans and pets; and
(BB) belong to the:
(aa) phylum Arthropoda;
(bb) subphylum Chelicerata;
(cc) class Arachnida;
(dd) subclass Acari;
(ee) order Astigmata; and
(ff) family Pyroglyphidae.
(43) "Date code " means the day, month, and
year on which the consumer product was manufactured, filled, or packaged, or a
code indicating such a date.
(44)
"Deodorant " means the following:
(A) For
products manufactured before June 1, 2011, any product including, but not
limited to:
(i) aerosols;
(ii) roll-ons;
(iii) sticks;
(iv) pumps;
(v) pads;
(vi) creams; and
(vii) squeeze bottles;
that is intended by the
(B) For products manufactured on or after
June 1, 2011, any product including, but not limited to:
(i) aerosol;
(ii) roll-ons;
(iii) sticks;
(iv) pumps;
(v) pads;
(vi) creams; and
(vii) squeeze bottles; that indicates or
depicts on the container or packaging , or on any sticker or label affixed
thereto, that the product can be used on or applied to the human axilla to
provide a scent or minimize odor, or both.
(C) A deodorant body spray product that
indicates or depicts on the container or packaging , or on any sticker or label
affixed thereto, that it can be used on or applied to the human axilla is a
deodorant.
(45)
"Deodorant body spray" means the following:
(A) For products manufactured before June 1,
2011, a personal fragrance product with twenty percent (20%) or less
fragrance .
(B) For products
manufactured on or after June 1, 2011, a personal fragrance product with twenty
percent (20%) or less fragrance that is designed for application all over the
human body to provide a scent.
(C)
A deodorant body spray product that indicates or depicts on the container or
packaging , or on any sticker or label affixed thereto, that it can be used on
or applied to the human axilla is a deodorant.
(46) "Device " means any instrument or
contrivance (other than a firearm) that is designed for:
(A) trapping;
(B) destroying;
(C) repelling; or
(D) mitigating;
any pest or any other form of plant or animal life (other than man and other than a bacterium, a virus, or another microorganism on or in a living man or other living animals). The term does not include equipment used for the application of pesticides when sold separately therefrom.
(47) "Disinfectant "
means the following:
(A) Any product:
(i) intended to destroy or irreversibly
inactivate infectious or other undesirable bacteria, pathogenic fungi, or
viruses on surfaces or inanimate objects; and
(ii) whose label is registered under the
Federal Insecticide , Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136, et
seq.).
(B) The term does
not include any of the following:
(i) Products
designed solely for use on human or animals.
(ii) Products designed for agricultural
use .
(iii) Products designed solely
for use in:
(AA) swimming pools;
(BB) therapeutic tubs; or
(CC) hot tubs.
(iv) Products that, as indicated on the
principal display panel or label , are designed primarily for use as:
(AA) bathroom and tile cleaners;
(BB) glass cleaners;
(CC) general purpose cleaners;
(DD) toilet bowl cleaners; or
(EE) metal polishes.
(48) "Distributor "
means any person to whom a consumer product is sold or supplied for the
purposes of resale or distribution in commerce. The term does not include the
following:
(A) Manufacturers.
(B) Retailers.
(C) Consumers.
(49) "Double phase aerosol air freshener "
means an aerosol air freshener with the liquid contents in two (2) or more
distinct phases that requires the product container be shaken before use to mix
the phases, producing an emulsion.
(50) "Dry cleaning fluid " means the
following:
(A) Any nonaqueous liquid product
designed and labeled exclusively for use on:
(i) fabrics that are labeled "for dry clean
only", such as clothing or drapery; or
(ii) "S-coded " fabrics, that for the purpose
of this definition, means an upholstery fabric designed to be cleaned only with
water-free spot cleaning products as specified by the Joint Industry Fabric
Standards Committee.
(B)
The term includes, but is not limited to, those products used by commercial dry
cleaners and commercial businesses that clean fabrics, such as draperies, at
the customer's residence or workplace.
(C) The term does not include:
(i) spot remover ; or
(ii) carpet and upholstery cleaner .
(51) "Dusting aid "
means a product designed to assist in removing dust and other soils from floors
and other surfaces without leaving a wax or silicone based coating. The term
does not include a pressurized gas duster.
(52) "Electrical cleaner " means the
following:
(A) A product labeled to remove
heavy soils, such as grease, grime, or oil, from electrical equipment,
including, but not limited to, the following:
(i) Electric motors.
(ii) Armatures.
(iii) Relays.
(iv) Electric panels.
(v) Generators.
(B) The term does not include the following:
(i) General purpose cleaners.
(ii) General purpose degreasers.
(iii) Dusting aids.
(iv) Electronic cleaners.
(v) Energized electrical cleaners.
(vi) Pressurized gas dusters.
(vii) Engine degreasers.
(viii) Antistatic products.
(ix) Products designed to clean the casings
or housings of electrical equipment.
(53) "Electronic cleaner " means the
following:
(A) A product labeled for the
removal of dirt, moisture, dust, flux, or oxides from the internal components
of electronic or precision equipment, such as circuit boards, and the internal
components of electronic devices, including, but not limited to, the following:
(i) Radios.
(ii) Compact disc (CD) players.
(iii) Digital video disc (DVD)
players.
(iv) Computers.
(B) The term does not include the
following products:
(i) General purpose
cleaners.
(ii) General purpose
degreasers.
(iii) Dusting
aids.
(iv) Pressurized gas
dusters.
(v) Engine
degreasers.
(vi) Electrical
cleaners.
(vii) Energized
electrical cleaners.
(viii)
Antistatic products.
(ix) Products
designed to clean the casings or housings of electronic equipment.
(54) "Energized
electrical cleaner " means a product that meets the following criteria:
(A) The product is labeled to clean or
degrease, or both, electrical equipment where cleaning or degreasing, or both,
is accomplished when:
(i) electrical current
exists; or
(ii) there is a residual
electrical potential from a component, such as a capacitor.
(B) The product label clearly
displays the statements: "Energized Equipment use only. Not to be used for
motorized vehicle maintenance, or their parts.".
The term does not include electronic cleaners.
(55) "Engine degreaser "
means a cleaning product designed to remove:
(A) grease;
(B) grime;
(C) oil; and
(D) other contaminants;
from the external surfaces of engines and other mechanical parts.
(56)
"Existing product " means any:
(A) formulation
of the same product category and form:
(i)
sold;
(ii) supplied;
(iii) manufactured; or
(iv) offered for sale;
in Indiana prior to June 1, 2011; or
(B) subsequently introduced
identical formulation.
(57) "Fabric protectant " means a product
designed to be applied to fabric substrates to protect the surface from soiling
from dirt and other impurities or to reduce absorption of liquid into the
fabric's fibers. The term does not include the following:
(A) Waterproofers.
(B) Products designed for use solely on:
(i) leather; or
(ii) fabrics that are labeled "for dry clean
only" and sold in containers of ten (10) fluid ounces or less.
(58) "Fabric refresher "
means the following:
(A) A product labeled to
neutralize or eliminate odors on the following:
(i) Nonlaundered fabric, including, but not
limited to, the following:
(AA) Soft household
surfaces.
(BB) Rugs.
(CC) Carpeting.
(DD) Draperies.
(EE) Bedding.
(FF) Automotive interiors.
(GG) Footwear .
(HH) Athletic equipment.
(II) Clothing.
(ii) Household furniture or objects
upholstered or covered with fabrics, including, but not limited to, the
following:
(AA) Wool.
(BB) Cotton.
(CC) Nylon.
(B) The term does not include the following:
(i) Antistatic products.
(ii) Carpet and upholstery
cleaners.
(iii) Footwear or leather
care products.
(iv) Spot
removers.
(v)
Disinfectants.
(vi) Products
labeled for application to both fabric and human skin.
(vii) Soft household surface sanitizers. For
the purposes of this definition only, "soft household surface sanitizer " means
a product labeled to neutralize or eliminate odors on surfaces listed in clause
(A) whose label is registered as a sanitizer under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136 et seq.).
(59) "Facial cleaner or
soap " means a cleaner or soap designed primarily to clean the face. The term:
(A) includes, but is not limited to:
(i) facial cleansing creams;
(ii) semisolids;
(iii) liquids;
(iv) lotions; and
(v) substrate-impregnated forms;
and
(B) does not
include:
(i) prescription drug
products;
(ii) antimicrobial hand
or body cleaner or soap;
(iii)
astringent or toner ;
(iv) general
use hand or body cleaner or soap;
(v) medicated astringent or medicated toner ;
and
(vi) rubbing alcohol .
(60) "Fat wood " means
pieces of wood kindling with high naturally occurring levels of sap or resin
that enhance ignition of the kindling. The term does not include any kindling
with substances added to enhance flammability, such as wax-covered or
wax-impregnated wood based products.
(61) "Flea and tick insecticide " means any
insecticide product that is designed for use against:
(A) fleas;
(B) ticks;
(C) their larvae; or
(D) their eggs.
The term does not include products that are designed to be used exclusively on humans or animals and their bedding.
(62) "Flexible flooring material "
means the following:
(A) Asphalt.
(B) Cork.
(C) Linoleum.
(D) No-wax .
(E) Rubber.
(F) Seamless vinyl flooring.
(G) Vinyl composite flooring.
(63) "Flexible vinyl " means a
nonrigid polyvinyl chloride plastic with at least five percent (5%), by weight,
of plasticizer content, which may be determined using ASTM Method E260-96(2006)
"Standard Practice for Packed Column Gas Chromatography"*, or from product
formulation data. A plasticizer is a material, such as a high boiling point
organic solvent, that is incorporated into a plastic to increase its
flexibility, workability, or distensibility.
(64) "Flexible vinyl adhesive " means an
aerosol adhesive designed to bond flexible vinyl to substrates.
(65) "Floor coating " means an opaque coating
that is labeled and designed for application to flooring that may be subject to
foot traffic, including, but not limited to, the following:
(A) Decks.
(B) Porches.
(C) Steps.
(D) Other horizontal surfaces.
(66) "Floor or wall covering
adhesive remover" means a product designed or labeled to remove floor or wall
coverings and associated adhesive from the underlying substrate.
(67) "Floor polish or wax " means a wax,
polish, or any other product designed to polish, protect, or enhance floor
surfaces by leaving a protective coating that is designed to be periodically
replenished. The term does not include the following:
(A) Spray buff products.
(B) Products designed solely for the purpose
of cleaning floors.
(C) Floor
finish strippers.
(D) Products
designed for unfinished wood floors.
(E) Coatings subject to architectural
coatings regulations.
(68) "Floor seam sealer " means any product
designed and labeled exclusively for bonding, fusing, or sealing (coating)
seams between adjoining rolls of installed flexible sheet flooring.
(69) "Floor wax stripper " means a product
designed to remove natural or synthetic floor polishes or waxes:
(A) through breakdown of the polish or wax
polymers; or
(B) by dissolving or
emulsifying the polish or wax .
The term does not include aerosol floor
(70) "Flying bug
insecticide " means the following:
(A) Any
insecticide product that is designed for use against flying insects or other
flying arthropods, including, but not limited to, the following:
(i) Flies.
(ii) Mosquitoes.
(iii) Moths.
(iv) Gnats.
(B) The term does not include the following:
(i) Wasp and hornet insecticide .
(ii) Products that are designed to be used
exclusively on humans or animals.
(iii) Any moth-proofing product . For purposes
of this definition only, "moth-proofing product " means a product whose label,
packaging, or accompanying literature indicates that the product is designed to
protect fabrics from damage by moths but does not indicate that the product is
suitable for use against flying insects or other flying arthropods.
(71) "Footwear or
leather care product " means the following:
(A)
Any product designed or labeled to be applied to footwear or to other leather
articles or components, to:
(i)
maintain;
(ii) enhance;
(iii) clean;
(iv) protect; or
(v) modify;
the appearance, durability, fit, or flexibility of the
(B) The term does not include the following:
(i) Fabric protectants.
(ii) General purpose adhesives.
(iii) Contact adhesives.
(iv) Vinyl, fabric, leather, or polycarbonate
coatings.
(v) Rubber and vinyl
protectants.
(vi) Fabric
refreshers.
(vii) Products solely
for deodorizing.
(viii) Sealant
products with adhesive properties used to create external protective layers
greater than two (2) millimeters thick.
(72) "Fragrance " means a substance or complex
mixture of:
(A) aroma chemicals;
(B) natural essential oils; and
(C) other functional components;
with a combined vapor pressure not in excess of two (2) millimeters of mercury (mm Hg) at twenty (20) degrees Celsius, the sole purpose of which is to impart an odor or scent or to counteract a malodor.
(73) "Furniture
coating " means any paint designed for application to room furnishings,
including, but not limited to, the following:
(A) Cabinets (kitchen, bath, and
vanity).
(B) Tables.
(C) Chairs.
(D) Beds.
(E) Sofas.
(74) "Furniture maintenance product " means a
wax, polish, conditioner, or any other product designed for the purpose of
polishing, protecting, or enhancing finished wood surfaces other than floors.
The term does not include the following:
(A)
Dusting aids.
(B) Wood
cleaners.
(C) Products designed
solely for the purpose of cleaning.
(D) Products designed to leave a permanent
finish , such as the following:
(i)
Stains.
(ii) Sanding
sealers.
(iii) Lacquers.
(75) "Gasket or thread
locking adhesive remover" means a product designed or labeled to remove gaskets
or thread locking adhesives. The term includes products labeled for dual use as
a paint stripper and gasket remover or thread locking adhesive
remover.
(76) "Gel " means a colloid
in which the disperse phase has combined with the continuous phase to produce a
semisolid material, such as jelly.
(77) "General purpose adhesive " means any
nonaerosol adhesive designed for use on a variety of substrates. The term does
not include the following:
(A) Contact
adhesives.
(B) Construction, panel,
and floor covering adhesives.
(C)
Adhesives designed exclusively for application on one (1) specific category of
substrates that are composed of similar materials, including, but not limited
to, different types of the following:
(i)
Metals.
(ii) Paper
products.
(iii) Ceramics.
(iv) Plastics.
(v) Rubbers.
(vi) Vinyls.
(D) Adhesives designed exclusively for use on
one (1) specific category of articles, such as articles that may be composed of
different materials but perform a specific function, including, but not limited
to, the following:
(i) Gaskets.
(ii) Automotive trim.
(iii) Weather stripping.
(iv) Carpets.
(78) "General purpose adhesive remover" means
a product designed or labeled to remove cyanoacrylate adhesives and nonreactive
adhesives or residue from a variety of substrates. The term includes, but is
not limited to, products that remove the following:
(A) Thermoplastic adhesives.
(B) Pressure sensitive adhesives.
(C) Dextrine or starch based
adhesives.
(D) Casein
glues.
(E) Rubber or latex based
adhesives.
(F) Stickers.
(G) Decals.
(H) Stencils.
The term does not include floor or wall covering
(79)
"General purpose cleaner " means a product designed for general all-purpose
cleaning, in contrast to cleaning products designed to clean specific
substrates in certain situations. The term includes products designed for
general floor cleaning, kitchen or countertop cleaning, and cleaners designed
to be used on a variety of hard surfaces. The term does not include general
purpose degreasers and electronic cleaners.
(80) "General purpose degreaser " means the
following:
(A) Any product labeled to remove
or dissolve grease, grime, oil, and other oil based contaminants from a variety
of substrates, including automotive or miscellaneous metallic parts.
(B) The term does not include the following:
(i) Engine degreasers.
(ii) General purpose cleaners.
(iii) Adhesive removers.
(iv) Electronic cleaners.
(v) Electrical cleaners.
(vi) Energized electrical cleaners.
(vii) Metal polish or cleansers.
(viii) Products used exclusively in solvent
cleaning tanks or related equipment, including, but not limited to, the
following:
(AA) Cold cleaners.
(BB) Vapor degreasers.
(CC) Conveyorized degreasers.
(DD) Film cleaning machines.
(EE) Products designed to clean miscellaneous
metallic parts by immersion in a container.
(ix) Products that are:
(AA) sold exclusively to establishments that
manufacture or construct goods or commodities; and
(BB) labeled "not for retail sale".
(81)
"General use hand or body cleaner or soap" means a cleaner or soap designed to
be used routinely on the skin to clean or remove typical or common dirt and
soils. The term:
(A) includes, but is not
limited to:
(i) hand or body washes;
(ii) dual-purpose shampoo and body
cleaners;
(iii) shower or bath
gels; and
(iv) moisturizing
cleaners or soaps; and
(B) does not include:
(i) prescription drug products;
(ii) antimicrobial hand or body cleaner or
soap;
(iii) astringent or
toner ;
(iv) facial cleaner or
soap ;
(v) hand dishwashing
detergent (including antimicrobial);
(vi) heavy-duty hand cleaner or
soap ;
(vii) medicated astringent or
medicated toner ; and
(viii) rubbing
alcohol .
(82)
"Glass cleaner " means a cleaning product designed primarily for cleaning
surfaces made of glass. The term does not include products designed solely for
the purpose of cleaning optical materials used in the following:
(A) Eyeglasses.
(B) Photographic equipment.
(C) Scientific equipment.
(D) Photocopying machines.
(83) "Graffiti remover " means the
following:
(A) A product labeled to remove,
from a variety of noncloth or nonfabric substrates, the following:
(i) Spray paint .
(ii) Ink.
(iii) Marker.
(iv) Crayon.
(v) Lipstick.
(vi) Nail polish .
(vii) Shoe polish.
(B) The term does not include the following:
(i) Paint remover or stripper.
(ii) Nail polish remover.
(iii) Spot remover .
(C) Products labeled for dual use as both a
paint stripper and graffiti remover are considered graffiti removers.
(84) "Hair mousse " means a
hairstyling foam designed to:
(A) facilitate
styling of a coiffure; and
(B)
provide limited holding power.
(85) "Hair shine " means any product designed
for the primary purpose of creating a shine when applied to the hair. The term
includes, but is not limited to, dual-use products designed primarily to impart
a sheen to the hair. The term does not include the following:
(A) Hair sprays.
(B) Hair mousses.
(C) Hairstyling products.
(D) Hairstyling gels.
(E) Products whose primary purpose is to
condition or hold the hair.
(86) "Hair spray " means the following:
(A) For products manufactured before June 1,
2011, a consumer product designed primarily for the purpose of dispensing
droplets of a resin on and into a hair coiffure that will impart sufficient
rigidity to the coiffure to establish or retain the style for a period of
time.
(B) For products manufactured
on or after June 1, 2011, a consumer product that is:
(i) applied to styled hair; and
(ii) designed or labeled to provide
sufficient rigidity to hold, retain, or finish , or both, the style of the hair
for a period of time.
(C) The term includes the following:
(i) Aerosol hair sprays.
(ii) Pump hair sprays.
(iii) Spray waxes.
(iv) Products that are both a styling and a
finishing product.
(v) Color,
glitter, or sparkle hair sprays that make finishing claims.
(D) The term does not include spray products
that are intended to aid in styling but do not provide finishing of a
hairstyle.
(E) For purposes of this
definition, the following apply:
(i) "Finish "
or "finishing" means the maintaining or holding, or both, of previously styled
hair for a period of time.
(ii)
"Styling " means forming, sculpting, or manipulating the hair to temporarily
alter the hair's shape.
(87) "Hairstyling gel " means a consumer
product manufactured before June 1, 2011, that is:
(A) a high viscosity, often gelatinous,
product that contains a resin; and
(B) designed for the application to hair to
aid in styling and sculpting of the hair coiffure.
(88) "Hairstyling product " means the
following:
(A) A consumer product manufactured
on or after June 1, 2011, that is designed or labeled for application to wet,
damp, or dry hair to aid in:
(i)
defining;
(ii) shaping;
(iii) lifting;
(iv) styling ; or
(v) sculpting; the hair.
(B) The term includes, but is not limited to,
the following:
(i) Products that aid in
styling but do not provide finishing of a hairstyle, including, but not limited
to, the following:
(AA) Hair balm.
(BB) Clay.
(CC) Cream.
(DD) Creme.
(EE) Curl straightener.
(FF) Gel .
(GG) Liquid .
(HH) Lotion.
(II) Paste.
(JJ) Pomade.
(KK) Putty.
(LL) Root lifter.
(MM) Serum.
(NN) Spray gel .
(OO) Stick.
(PP) Temporary hair straightener.
(QQ) Wax .
(RR) Spray products.
(ii) Leave-in detanglers, conditioners, or
volumizers that make styling claims.
(C) The term does not include the following:
(i) Hair mousses.
(ii) Hair shines.
(iii) Hair sprays.
(iv) Shampoos or conditioners, or both, that
are rinsed from the hair prior to styling .
(D) For purposes of this definition, the
following apply:
(i) "Finish " or "finishing"
means the maintaining or holding, or both, of previously styled hair for a
period of time.
(ii) "Styling "
means forming, sculpting, or manipulating the hair to temporarily alter the
hair's shape.
(89) "Heavy-duty hand cleaner or soap " means
the following:
(A) A product designed to
clean or remove from the hand with or without the use of water difficult dirt
and soils, including, but not limited to, the following:
(i) Oil.
(ii) Grease.
(iii) Grime.
(iv) Tar.
(v) Shellac.
(vi) Putty.
(vii) Printer's ink.
(viii) Paint .
(ix) Graphite.
(x) Cement.
(xi) Carbon.
(xii) Asphalt.
(xiii) Adhesives.
(B) The term does not include the following:
(i) Prescription drug products.
(ii) Antimicrobial hand or body cleaner or
soap.
(iii) Astringent or
toner .
(iv) Facial cleaner or
soap .
(v) General use hand or body
cleaner or soap.
(vi) Medicated
astringent or medicated toner .
(vii) Rubbing alcohol .
(90) "Herbicide " means a pesticide
product designed to kill or retard a plant's growth. The term does not include
products that are:
(A) for agricultural use ;
or
(B) restricted materials that
require a permit for use and possession.
(91) "High volatility organic compound " or
"HVOC" means any volatile organic compound that exerts a vapor pressure greater
than eighty (80) millimeters of mercury (mm Hg) when measured at twenty (20)
degrees Celsius.
(92) "Household
product " means any consumer product that is primarily designed to be used
inside or outside of living quarters or residences that are occupied or
intended for occupation by individuals, including the immediate
surroundings.
(93) "Indiana sales "
means the sales (net pounds of product, less packaging and container, per year)
in Indiana for either:
(A) the calendar year
immediately prior to the year that the registration is due; or
(B) if that data is not available, any
consecutive twelve (12) month period commencing not earlier than two (2) years
prior to the due date of the registration.
If direct sales data for Indiana is not available, sales may be estimated by prorating national or regional sales data by population.
(94) "Insecticide "
means a pesticide product that is designed for use against insects or other
arthropods. The term does not include products that are:
(A) for agricultural use ;
(B) for a use that requires a structural pest
control license under IC 15-16-4; or
(C) restricted materials that require a
permit for use and possession.
(95) "Insecticide fogger" means any
insecticide product designed to release all or most of its content, as a fog or
mist, into indoor areas during a single application.
(96) "Institutional product", "industrial and
institutional product ", or "I & I product" means the following:
(A) A consumer product that is designed for
use in the maintenance or operation of an establishment that:
(i) manufactures, transports, or sells goods
or commodities or provides services for profit; or
(ii) is engaged in the nonprofit promotion of
a particular public, educational, or charitable cause.
(B) The term does not include household
products and products that are incorporated into or used exclusively in the
manufacture or construction of the goods or commodities at the site of the
establishment.
(C) For purposes of
this definition, "establishments" includes, but is not limited to, the
following:
(i) Government agencies.
(ii) Factories.
(iii) Schools.
(iv) Hospitals.
(v) Sanitariums.
(vi) Prisons.
(vii) Restaurants.
(viii) Hotels.
(ix) Stores.
(x) Automobile service and parts
centers.
(xi) Health
clubs.
(xii) Theaters.
(xiii) Transportation companies.
(97) "Label " means any
written, printed, or graphic matter:
(A)
affixed to;
(B) applied
to;
(C) attached to;
(D) blown into;
(E) formed into;
(F) molded into;
(G) embossed on; or
(H) appearing upon;
any
(98) "Laminate repair or edgebanding
adhesive " means an aerosol adhesive designed for the following:
(A) The touchup or repair of items laminated
with high pressure laminates, for example, lifted edges, delaminates, etc. For
purposes of this definition, "high pressure laminate " means sheet materials
that consist of paper, fabric, or other core material that have been laminated
at:
(i) temperatures exceeding two hundred
sixty-five (265) degrees Fahrenheit; and
(ii) pressures between one thousand (1,000)
and one thousand four hundred (1,400) psi.
(B) The touchup, repair, or attachment of
edgebanding materials, including, but not limited to, the following:
(i) Other laminates.
(ii) Synthetic marble.
(iii) Veneers.
(iv) Wood molding.
(v) Decorative metals.
(99) "Laundry prewash " means a
product that:
(A) is designed for application
to a fabric prior to laundering; and
(B) supplements and contributes to the
effectiveness of laundry detergents or provides specialized performance, or
both.
(100) "Laundry
starch product " means a product that is designed for application to a fabric,
either during or after laundering, to impart and prolong a crisp, fresh look
and may also act to help ease ironing of the fabric. The term includes, but is
not limited to, fabric finish , sizing, and starch.
(101) "Lawn and garden insecticide " means an
insecticide product labeled primarily to be used in household lawn and garden
areas to protect plants from insects or other arthropods. Notwithstanding the
requirements of section 7(d) of this rule, aerosol lawn and garden insecticides
may claim to kill insects or other arthropods.
(102) "Liquid " means a substance or mixture
of substances that is capable of a visually detectable flow as determined under
ASTM D4359-90(2000)e1 "Standard Test Method for Determining Whether a Material
Is a Liquid or a Solid"*. The term does not include powders or other materials
that are composed entirely of solid particles.
(103) "Lubricant " means the following:
(A) A product designed to:
(i) reduce friction, heat, noise, or wear
between moving parts; or
(ii)
loosen rusted or immovable parts or mechanisms.
(B) The term does not include the following:
(i) Automotive power steering
fluids.
(ii) Products for use
inside power generating motors, engines, and turbines and their associated
power-transfer gearboxes.
(iii) Two
(2) cycle oils or other products designed to be added to fuels.
(iv) Products for use on the human body or
animals.
(v) Products that are:
(AA) sold exclusively to establishments that
manufacture or construct goods or commodities; and
(BB) labeled "not for retail sale".
(104)
"LVP-VOC " means a chemical compound or mixture that contains at least one (1)
carbon atom and meets one (1) of the following:
(A) Has a vapor pressure less than one-tenth
(0.1) millimeter of mercury (mm Hg) at twenty (20) degrees Celsius, as
determined by CARB Method 310*.
(B)
Is a chemical compound with more than twelve (12) carbon atoms, or a chemical
mixture comprised solely of compounds with more than twelve (12) carbon atoms
as verified by formulation data, and the vapor pressure and boiling point are
unknown.
(C) Is a chemical compound
with a boiling point greater than two hundred sixteen (216) degrees Celsius, as
determined by CARB Method 310*.
(D)
Is the weight percent of a chemical mixture that boils above two hundred
sixteen (216) degrees Celsius, as determined by CARB Method 310*.
For purposes of this definition, "
(105)
"Manufacturer " means any person who:
(A)
imports;
(B)
manufactures;
(C)
assembles;
(D) produces;
(E) packages;
(F) repackages; or
(G) relabels; a consumer product.
(106) "Medicated astringent or
medicated toner " means any product regulated as a drug by the FDA that is
applied to the skin for the purpose of cleaning or tightening pores. The term:
(A) includes, but is not limited to:
(i) clarifiers; and
(ii) substrate-impregnated products;
and
(B) does not
include:
(i) hand, face, or body cleaners or
soap products;
(ii) astringents or
toners;
(iii) cold
creams;
(iv) lotions;
(v) antiperspirants; and
(vi) products that must be purchased with a
doctor's prescription.
(107) "Medium volatility organic compound " or
"MVOC" means any volatile organic compound that exerts a vapor pressure greater
than two (2) millimeters of mercury (mm Hg) and less than or equal to eighty
(80) mm Hg when measured at twenty (20) degrees Celsius.
(108) "Metal polish or cleanser " means any
product designed primarily to improve the appearance of finished metal,
metallic, or metallized surfaces by physical or chemical action. For purposes
of this definition, "improve the appearance" means to remove or reduce stains,
impurities, or oxidation from surfaces or to make surfaces smooth and shiny.
The term:
(A) includes, but is not limited to,
metal polishes used on:
(i) brass;
(ii) silver;
(iii) chrome;
(iv) copper;
(v) stainless steel; and
(vi) other ornamental metals; and
(B) does not include:
(i) automotive waxes, polishes, sealants, or
glazes;
(ii) wheel
cleaners;
(iii) paint removers or
strippers;
(iv) products designed
and labeled exclusively for automotive and marine detailing; or
(v) products designed for use in degreasing
tanks.
(109)
"Mist spray adhesive " means any aerosol that:
(A) is not a special purpose spray adhesive ;
and
(B) delivers a particle or mist
spray, resulting in the formation of fine, discrete particles that yield a
generally uniform and smooth application of adhesive to the
substrate.
(110)
"Mounting adhesive " means an aerosol adhesive designed to permanently mount:
(A) photographs;
(B) artwork; and
(C) any other drawn or printed media;
to a backing (paper, board, cloth, etc.) without causing discoloration to the artwork.
(111) "Multipurpose dry lubricant " means any
lubricant that is:
(A) designed and labeled to
provide lubricity by depositing a thin film of:
(i) graphite;
(ii) molybdenum disulfide (moly);
(iii) polytetrafluoroethylene; or
(iv) closely related fluoropolymer (Teflon)
on surfaces; and
(B)
designed for general purpose lubrication or for use in a wide variety of
applications.
(112)
"Multipurpose lubricant " means any lubricant designed for general purpose
lubrication or for use in a wide variety of applications. The term does not
include the following:
(A) Multipurpose dry
lubricants.
(B)
Penetrants.
(C) Silicone based
multipurpose lubricants.
(113) "Multipurpose solvent " means the
following:
(A) Any organic liquid designed to
be used for a variety of purposes, including cleaning or degreasing of a
variety of substrates, or thinning, dispersing, or dissolving other organic
materials.
(B) The term includes
solvents used in institutional facilities, except for laboratory reagents used
in analytical, educational, research, scientific, or other
laboratories.
(C) The term does not
include the following:
(i) Solvents used in
the following:
(AA) Cold cleaners.
(BB) Vapor degreasers.
(CC) Conveyorized degreasers.
(DD) Film cleaning machines.
(ii) Solvents that are
incorporated into, or used exclusively in the manufacture or construction of,
the goods or commodities at the site of the establishment.
(114) "Nail polish " means any
clear or colored coating designed for application to the fingernails or
toenails, including, but not limited to, the following:
(A) Lacquers.
(B) Enamels.
(C) Acrylics.
(D) Base coats.
(E) Top coats.
(115) "Nail polish remover" means a product
designed to remove nail polish and coatings from fingernails or
toenails.
(116) "Nonaerosol
product " means any consumer product that is not dispensed by a pressurized
spray system.
(117) "Noncarbon
containing compound " means any compound that does not contain any carbon
atoms.
(118) "Nonresilient
flooring " means flooring of a mineral content that is not flexible, including,
but not limited to, the following:
(A)
Terrazzo.
(B) Marble.
(C) Slate.
(D) Granite.
(E) Brick.
(F) Stone.
(G) Ceramic tile.
(H) Concrete.
(119) "Nonselective terrestrial herbicide "
means a terrestrial herbicide product that is toxic to plants without regard to
species.
(120) "Oven cleaner " means
any cleaning product designed to clean and remove dried food deposits from oven
walls.
(121) "Paint " means any
pigmented liquid , liquefiable, or mastic composition designed for application
to a substrate in a thin layer that is:
(A)
converted to an opaque solid film after application; and
(B) used for protection, decoration, or
identification or to serve some functional purpose, such as the:
(i) filling or concealing of surface
irregularities; or
(ii)
modification of light and heat radiation characteristics.
(122) "Paint remover or stripper"
means any product designed to strip or remove paints or other related coatings,
by chemical action, from a substrate without markedly affecting the substrate.
The term does not include the following:
(A)
Multipurpose solvents.
(B) Paint
brush cleaners.
(C) Products
designed and labeled exclusively graffiti removers.
(D) Hand cleaner products that claim to
remove paints and other related coatings from skin.
(123) "Penetrant " means a lubricant designed
and labeled primarily to loosen metal parts that have bonded together due to
rusting, oxidation, or other causes. The term does not include multipurpose
lubricants that claim to have penetrating qualities but are not labeled
primarily to loosen bonded parts.
(124) "Person " has the meaning set forth in
IC 13-11-2-158.
(125) "Personal
fragrance product" means any product that is applied to the human body or
clothing for the primary purpose of adding a scent or masking a malodor,
including cologne, perfume, after-shave, and toilet water. The term does not
include the following:
(A)
Deodorant .
(B) Medicated products
designed primarily to alleviate fungal or bacterial growth on feet or other
areas of the body.
(C) Mouthwashes,
breath fresheners, and deodorizers.
(D) Lotions, moisturizers, powders, or other
skin care products used primarily to alleviate skin conditions, such as dryness
and irritations.
(E) Products
designed exclusively for use on human genitalia.
(F) Soaps, shampoos, and products primarily
used to clean the human body.
(G)
Fragrance products designed to be used exclusively on nonhuman
animals.
(126)
"Pesticide " means any substance or mixture of substances labeled, designed, or
intended for use:
(A) in preventing,
destroying, repelling, or mitigating any pest; or
(B) as a defoliant, desiccant, or plant
regulator.
The term does not include any substance, mixture of
substances, or
(127)
"Polyolefin adhesive " means an aerosol adhesive designed to bond polyolefins to
substrates.
(128) "Polystyrene foam
adhesive " means an aerosol adhesive designed to bond polystyrene foam to
substrates.
(129) "Pressurized gas
duster " means a pressurized product labeled to remove dust from a surface
solely by means of mass air or gas flow, including the following surfaces:
(A) Photographs.
(B) Photographic film negatives.
(C) Computer keyboards.
(D) Other types of surfaces that cannot be
cleaned with solvents.
The term does not include dusting aids.
(130) "Principal display panel or
panels " means the part or parts of a label that are so designed as to most
likely be displayed, presented, shown, or examined under normal and customary
conditions of display or purchase. Whenever a principal display panel appears
more than once, all requirements pertaining to the principal display panel
shall pertain to all the principal display panels.
(131) "Product brand name " means the name of
the product exactly as it appears on the principal display panel of the
product.
(132) "Product category "
means the applicable category that best describes the product as listed in this
section and section 3(a) of this rule.
(133) "Product form " means, for the purpose
of complying with section 7 of this rule only, the applicable form that most
accurately describes the product's dispensing form as follows:
A =
S =
P =
L =
SS =
O = Other
(134) "Product line " means a group of
products of identical form and function belonging to the same product category
or categories.
(135) "Propellant "
means a liquefied or compressed gas that is used in whole or in part, such as a
cosolvent, to expel a liquid or any other material from the same
self-pressurized container or from a separate container.
(136) "Pump spray " means a packaging system
in which the product ingredients within the container are:
(A) not under pressure; and
(B) expelled only while a pumping action is
applied to:
(i) a button;
(ii) a trigger; or
(iii) another actuator.
(137) "Responsible ACP party"
means the company, firm, or establishment that is listed on the ACP product 's
label. If the label lists two (2) or more companies, firms, or establishments,
the responsible ACP party is the party that the ACP product was "manufactured
for" or "distributed by", as noted on the label.
(138) "Responsible party " means the company,
firm, or establishment that is listed on the product's label . If the label
lists two (2) companies, firms, or establishments, the responsible party is the
party that the product was "manufactured for" or "distributed by", as noted on
the label .
(139) "Restricted
materials " means pesticides established as restricted materials under
applicable IC 15-16-4.
(140)
"Retailer " means any person who sells, supplies, or offers consumer products
for sale directly to consumers.
(141) "Retail outlet " means any establishment
where consumer products are sold, supplied, or offered for sale directly to
consumers.
(142) "Roll-on product "
means any antiperspirant or deodorant that dispenses active ingredients by
rolling a wetted ball or wetted cylinder on the affected area.
(143) "Rubber and vinyl protectant " means the
following:
(A) Any product designed to
protect, preserve, or renew vinyl, rubber, and plastic on the following:
(i) Vehicles.
(ii) Tires.
(iii) Luggage.
(iv) Furniture.
(v) Household products, such as the
following:
(AA) Vinyl covers.
(BB) Clothing.
(CC) Accessories.
(B) The term does not include the
following:
(i) Products designed primarily to
clean the wheel rim, such as aluminum or magnesium wheel cleaners.
(ii) Tire cleaners that do not leave an
appearance enhancing or protective substance on the tire.
(144) "Rubbing alcohol " means any
product:
(A) containing isopropyl alcohol
(also called isopropanol) or denatured ethanol; and
(B) labeled for topical use, usually to:
(i) decrease germs in minor cuts and scrapes;
and
(ii) relieve minor muscle
aches, as a rubefacient, and for massage.
(145) "Sealant and caulking compound " means
the following:
(A) Any product with adhesive
properties that is designed to fill, seal, waterproof, or weatherproof gaps or
joints between two (2) surfaces.
(B) The term does not include the following:
(i) Roof cements and roof sealants.
(ii) Insulating foams.
(iii) Removable caulking compounds . For
purposes of this definition only, "removable caulking compounds " means a
compound that temporarily seals windows or doors for three (3) to six (6) month
time intervals.
(iv) Clear,
paintable, or water resistant caulking compounds. For purposes of this
definition, "clear, paintable, or water resistant caulking compounds" means a
compound:
(AA) that contains no appreciable
level of opaque fillers or pigments;
(BB) transmits most or all visible light
through the caulk when cured;
(CC)
is paintable; and
(DD) is
immediately resistant to precipitation upon application.
(v) Floor seam sealers.
(vi) Products designed exclusively for
automotive uses.
(vii) Sealers that
are applied as continuous coatings.
(viii) Units of product, less packaging, that
weigh more than one (1) pound and consist of more than sixteen (16) fluid
ounces.
(146)
"Semisolid " means a product that, at room temperature, will not pour but will
spread or deform easily including, but not limited to, the following:
(A) Gels.
(B) Pastes.
(C) Greases.
(147) "Shaving cream " means an aerosol
product that dispenses a foam lather intended to be used with a blade or
cartridge razor, or other wet-shaving system, in the removal of facial or other
bodily hair. The term does not include shaving gel.
(148) "Shaving gel " means an aerosol product
that dispenses a post-foaming semisolid designed to be used with a blade,
cartridge razor, or other shaving system in the removal of facial or other
bodily hair. The term does not include shaving cream.
(149) "Silicone based multipurpose lubricant "
means any lubricant that is designed and labeled:
(A) to provide lubricity primarily through
the use of silicone compounds, including, but not limited to,
polydimethylsiloxane; and
(B) for
general purpose lubrication or for use in a wide variety of applications.
The term does not include products designed and labeled exclusively to release manufactured products from molds.
(150) "Single phase aerosol air
freshener " means an aerosol air freshener :
(A)
with the liquid contents in a single homogeneous phase; and
(B) that does not require that the product
container be shaken before use.
(151) "Solid " means a substance or mixture of
substances that, either whole or subdivided, such as the particles comprising a
powder, is not capable of visually detectable flow as determined under ASTM
D4359-90(2000)e1 "Standard Test Method for Determining Whether a Material Is a
Liquid or a Solid"*.
(152) "Special
purpose spray adhesive " means an aerosol adhesive that meets any of the
following definitions:
(A) Mounting
adhesive .
(B) Flexible vinyl
adhesive .
(C) Polystyrene foam
adhesive .
(D) Automobile headliner
adhesive .
(E) Polyolefin
adhesive .
(F) Laminate repair or
edgebanding adhesive .
(G)
Automotive engine compartment adhesive .
(153) "Specialty adhesive remover" means a
product designed to remove reactive adhesives from a variety of substrates.
Reactive adhesives include adhesives that require a hardener or catalyst in
order for the bond to occur including, but not limited to, the following:
(A) Epoxies.
(B) Urethanes.
(C) Silicones.
The term does not include gasket or thread locking
(154)
"Spot remover " means the following:
(A) Any
product labeled to clean localized areas or remove localized spots or stains on
cloth or fabric, such as:
(i)
drapes;
(ii) carpets;
(iii) upholstery; and
(iv) clothing; that does not require
subsequent laundering to achieve stain removal.
(B) The term does not include the following:
(i) Dry cleaning fluid .
(ii) Laundry prewash .
(iii) Multipurpose solvent .
(155) "Spray buff
product " means a product designed to restore a worn floor finish in conjunction
with a floor buffing machine and special pad.
(156) "Stick product " means any
antiperspirant or deodorant that:
(A) contains
active ingredients in a solid matrix form; and
(B) dispenses the active ingredients by
frictional action on the affected area.
(157) "Structural waterproof adhesive " means
an adhesive :
(A) whose bond lines are
resistant to conditions of continuous immersion in fresh or salt water;
and
(B) that conforms with Federal
Specification MMM-A-181D (Type 1, Grade A)*.
(158) "Table B compound " means any
carbon-containing compound listed as an exception to the definition of VOC
identified by the CARB in Title 17, California Code of Regulations, Division 3,
Chapter 1, Subchapter 8.5, Section 94508*.
(159) "Terrestrial " means to live on or grow
from land.
(160) "Tire sealant and
inflation " means any pressurized product that is designed to temporarily
inflate and seal a leaking tire.
(161) "Toilet or urinal care product " means
the following:
(A) Any product designed or
labeled to clean, deodorize, or clean and deodorize toilet bowls, toilet tanks,
or urinals. Toilet bowls, toilet tanks, or urinals include, but are not limited
to, the following:
(i) Toilets or urinals
connected to permanent plumbing in buildings and other structures.
(ii) Portable toilets or urinals placed at
temporary or remote locations.
(iii) Toilets or urinals in vehicles, such as
the following:
(AA) Buses.
(BB) Recreational motor homes.
(CC) Boats.
(DD) Ships.
(EE) Aircraft.
(B) The term does not include the
following:
(i) Bathroom and tile
cleaner .
(ii) General purpose
cleaner .
(162) "Type A propellant " means a compressed
gas, such as carbon dioxide (CO2), nitrogen
(N2), or nitrous oxide (N2O), or
compressed air that is used as a propellant and is either incorporated with the
product or contained in a separate chamber within the product's
packaging.
(163) "Type B
propellant " means any halocarbon that is used as a propellant including the
following:
(A) Chlorofluorocarbons
(CFCs).
(B)
Hydrochlorofluorocarbons (HCFCs).
(C) Hydrofluorocarbons (HFCs).
(164) "Type C propellant " means
any propellant that is not a Type A or Type B propellant , including the
following:
(A) Propane.
(B) Isobutane.
(C) n-butane.
(D) Dimethyl ether (also known as dimethyl
oxide).
(165)
"Undercoating " means any aerosol product designed to impart a protective,
nonpaint layer to the undercarriage, trunk interior, or firewall of motor
vehicles to prevent the formation of rust or to deaden sound. The term
includes, but is not limited to, rubberized, mastic, or asphaltic
products.
(166) "Usage directions "
means the text or graphics on the product's principal display panel, label , or
accompanying literature that describes to the end user how and in what quantity
the product is to be used.
(167)
"Vinyl, fabric, leather, or polycarbonate coating" means a coating designed and
labeled exclusively to coat vinyl, fabric, leather, or polycarbonate
substrates.
(168) "VOC content "
means, except for charcoal lighter products, the total weight of VOC in a
product expressed as a percentage of the product weight (exclusive of the
container or packaging ), as determined under section 9 of this rule.
(170) "Wasp and hornet insecticide " means any
insecticide product that is designed for use against:
(A) wasps;
(B) hornets;
(C) yellow jackets; or
(D) bees;
by allowing the user to spray from a distance a directed stream or burst at the intended insects or their hiding place.
(171) "Waterproofer "
means a product designed and labeled exclusively to repel water from fabric or
leather substrates. The term does not include fabric protectants.
(172) "Wax " means a material or synthetic
thermoplastic substance generally of high molecular weight hydrocarbons or high
molecular weight esters of fatty acids or alcohols, except glycerol and high
polymers (plastics). The term includes, but is not limited to, the following:
(A) Substances derived from the secretions of
plants and animals, such as carnauba wax and beeswax.
(B) Substances of a mineral origin, such as
ozocerite and paraffin.
(C)
Synthetic polymers, such as polyethylene.
(173) "Web spray adhesive " means any aerosol
adhesive that is not a mist spray or special purpose spray adhesive .
(174) "Wood cleaner " means the following:
(A) A product labeled to clean wooden
materials, including, but not limited to, the following:
(i) Decking.
(ii) Fences.
(iii) Flooring.
(iv) Logs.
(v) Cabinetry.
(vi) Furniture.
(B) The term does not include the following:
(i) Dusting aids.
(ii) General purpose cleaners.
(iii) Furniture maintenance
products.
(iv) Floor wax
strippers.
(v) Floor polishes or
waxes.
(vi) Products designed and
labeled exclusively to preserve or color wood.
(175) "Wood floor wax " means wax based
products for use solely on wood floors.
*These documents are incorporated by reference. Copies are available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.