[Comment: For dates on non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see paragraph (C) of rule
3745-112-01 of the
Administrative Code titled "Referenced Materials."]
(A) Product dating.
(1) Each manufacturer of a consumer product
subject to rule
3745-112-03 of the
Administrative Code 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) of this rule, 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
January 1, 2009
the
effective date of the applicable standard specified in the table in rule
3745-112-03 of the
Administrative Code.
(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 purpose of this paragraph, information may be displayed on
the bottom of a container as long as it is clearly legible without removing any
product packaging.
(5) The
requirements of this provision shall not apply to products containing no VOCs,
or containing VOCs at 0.10 per cent, 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 the applicable
standard specified in the table of rule
3745-112-03 of the
Administrative Code an explanation of the date portion of the code
must
shall be
filed with the Ohio environmental protection agency no later than
January 1, 2009
the
effective date of the applicable standard specified in the table in rule
3745-112-03 of the
Administrative Code.
(2) If a
manufacturer changes any code indicating the date of manufacture for any
consumer product subject to paragraph (B)(1) of this rule, an explanation of
the modified code must
shall be submitted to the Ohio environmental
protection agency before any products displaying the modified code are sold,
supplied, or offered for sale in Ohio.
(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.
(C) Most restrictive limit.
(1) Products manufactured before January 1,
2009, and Federal Insecticide, Fungicide, and Rodenticide Act registered
insecticides manufactured before January 1, 2010.
Notwithstanding the definition of product category, as defined
in rule 3745-112-01 of the
Administrative Code, if anywhere on the principal display panel of any consumer
product manufactured before January 1, 2009, or any Federal Insecticide,
Fungicide, and Rodenticide Act registered insecticide manufactured before
January 1, 2010, 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 the table of rule
3745-112-03 of the
Administrative Code, 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, 2009, and Federal Insecticide,
Fungicide, and Rodenticide Act registered insecticides manufactured on or after
January 1, 2010.
Notwithstanding the definition of product category, as defined
in rule 3745-112-01 of the
Administrative Code, if anywhere on the container or packaging of any consumer
product manufactured before January 1, 2009, or any Federal Insecticide,
Fungicide, and Rodenticide Act registered insecticide manufactured on or after
January 1, 2010, 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 content limit is specified in the table of rule
3745-112-03 of the
Administrative Code, 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 paragraphs (A) and (C) of this rule and rule
3745-112-06 of the
Administrative Code, both the manufacturer and responsible party for each
aerosol adhesive, adhesive remover, electronic cleaner, electrical cleaner,
energized electrical cleaner, and contact adhesive product subject to this
chapter shall ensure that all products clearly display the following
information on each product container that is manufactured on or after the
effective date for the category specified in the table of rule
3745-112-03 of the
Administrative Code:
(a) The product category
as specified in paragraph (A) of rule
3745-112-03 of the
Administrative Code or an abbreviation of the category shall be
displayed
;
.
(b) The
applicable VOC standard for the product that is specified in the table of rule
3745-112-03 of the
Administrative Code, except for energized electrical cleaner, expressed as a
per cent, by weight, shall be displayed unless the product is included in an
alternative control plan approved by the director, as provided in rule
3745-112-04 of the
Administrative Code, and the product exceeds the applicable VOC content
limit
;
.
If the product is included in an alternative control plan
approved by the director and the product exceeds the applicable VOC content
limits specified in the table of rule
3745-112-03 of the
Administrative Code, the product shall be labeled with the term ACP or ACP
product;
.
(c) 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
.
(d) If
the manufacturer or responsible party uses an abbreviation as allowed by
paragraph (D) of this rule, an explanation of the abbreviation
must
shall be
filed with the director before the abbreviation is used.
(2) The information required in paragraph
(A)(1) of this rule 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 rule, 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 (D)(1) of this rule prior to final sale of the product.
Notes
Ohio Admin. Code
3745-112-05
Effective:
6/20/2022
Five Year Review (FYR) Dates:
4/5/2022 and
06/20/2027
Promulgated
Under: 119.03
Statutory
Authority: 3704.03(E)
Rule Amplifies:
3704.03(A),
3704.03(E)
Prior Effective Dates: 09/15/2007,
12/06/2012
