(a)
Product dating requirements.
(1) Each manufacturer of a consumer product
subject to §§
130.211-
130.217 (relating to standards)
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 that
date.
(2) A manufacturer who uses
the following code to indicate the date of manufacture will not be subject to
the requirements of subsection (b)(1), 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
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 (that is,
the "Julian date").
(3) The
product date or date-code required by this section must be displayed on each
consumer product container or package before the consumer product is sold,
supplied or offered for sale in this Commonwealth.
(4) The date or date-code information must 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 a part of the container or packaging.
(5) For the purposes of this subsection,
information may be displayed on the bottom of a container as long as it is
clearly legible without removing any product packaging.
(6) The requirements of this subsection do
not apply to products containing either of the following:
(i) No VOCs.
(ii) VOCs at 0.10% by weight or less.
(b)
Additional product dating requirements.
(1) If a manufacturer uses a code indicating
the date of manufacture for a consumer product subject to §§
130.211-
130.217, an explanation of the
date portion of the code must be filed with the Department before the consumer
product is sold, supplied or offered for sale in this Commonwealth.
(2) If a manufacturer changes a code
indicating the date of manufacture for a consumer product subject to paragraph
(1), an explanation of the modified code must be submitted to the Department
before products displaying the modified code are sold, supplied or offered for
sale in this Commonwealth.
(3) A
person may not erase, alter, deface or otherwise remove or make illegible a
date or code indicating the date of manufacture from a 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.
Notes
The
provisions of this § 130.371 amended October 10, 2008, effective
10/11/2008, 38 Pa.B.
5598.
The provisions of this § 130.371 amended under
section 5 of the Air Pollution Control Act (35 P. S. §
4005).
This section cited in 25 Pa. Code §
130.217 (relating to sell-through
of products); 25 Pa. Code §
130.334 (relating to products
registered under FIFRA); and 25 Pa. Code §
130.373 (relating to additional
labeling requirements for aerosol
adhesives).
