The following additional definitions apply to
R307-357:
"Adhesive" means any product that is used to bond one surface
to another by attachment.
(1) Adhesive does not include products used on humans and
animals, adhesive tape, contact paper, wallpaper, shelf liners, or any other
product with an adhesive incorporated onto or in an inert substrate.
(2) For contact adhesive, construction, panel, and floor
covering adhesive and general purpose adhesive only, adhesive also does not
include units of product, less packaging, which consist of more than one
gallon. This limitation does not apply to aerosol adhesives.
"Adhesive remover" means a product designed exclusively for
the removal of adhesives, caulk and other bonding materials from either a
specific substrate or a variety of substrates.
"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.
"Aerosol cooking spray" means any aerosol product designed to
reduce sticking on cooking and baking surfaces and is applied on cooking
surfaces, baking surfaces, or food.
"Aerosol Product" means a pressurized spray system that
dispenses product ingredients by means of a propellant or mechanically induced
force but does not include pump sprays.
"Agricultural use" means 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.
(1) Agricultural use does not include the sale or use of
pesticides in properly labeled packages or containers which are intended for:
(a) Home use;
(b) Use in structural pest control;
(c) Industrial; or
(d) Institutional use.
(2) For the purposes of this definition only:
(a) "Home use" means use in a household or its immediate
environment.
(b) "Structural pest control" means a use requiring a license
under state or federal pesticide licensing requirements.
(c) "Industrial use" means use for or in a manufacturing,
mining, or chemical process or use in the operation of factories, processing
plants, and similar sites.
(d) "Institutional use" means use within the lines of, or on
property necessary for the operation of buildings such as hospitals, schools,
libraries, auditoriums, and office complexes.
"Air freshener" means any product, including, but not limited
to, sprays, wicks, wipes, diffusers, powders, and crystals, designed for the
purpose of masking odors, or freshening, cleaning, scenting, or deodorizing the
air.
(1) Air freshener does not include products that are used on
the human body, products that function primarily as cleaning products as
indicated on the product label, or odor remover/eliminator products.
"All other carbon containing compounds" means all other
compounds which contain at least one carbon atom and are not a VOC defined
compound or a LVP-VOC.
"All other forms" means all consumer product forms for which
no form specific VOC standard is specified, and unless specified otherwise by
the applicable VOC standard, all other forms include, but are not limited to,
solids, liquids, wicks, powders, crystals, and cloth or paper wipes
(towelettes).
"Antimicrobial hand or body cleaner or soap" means a cleaner
or soap which is designed to reduce the level of microorganisms on the skin
through germicidal activity.
(1) Antimicrobial hand or body cleaner or soap includes, but
is not limited to:
(a) Antimicrobial hand or body washes and cleaners;
(b) Foodhandler hand washes;
(c) Healthcare personnel hand washes;
(d) Pre-operative skin preparations; and
(e) Surgical scrubs.
(2) Antimicrobial hand or body cleaner or soap does not
include prescription drug products, antiperspirants, astringent/toner,
deodorant, facial cleaner or soap, general-use hand or body cleaner or soap,
hand dishwashing detergent (including antimicrobial), heavy-duty hand cleaner
or soap, medicated astringent/medicated toner, or rubbing alcohol.
"Antiperspirant" means any product including, but not limited
to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze bottles, that
is intended by the manufacturer to be used to reduce perspiration in the human
axilla by at least 20 percent in at least 50 percent of a target
population.
"Anti-static product" means a product that is labeled to
eliminate, prevent, or inhibit the accumulation of static electricity.
"Architectural coating" means a coating applied to stationary
structures and their appurtenances, to mobile homes, to pavements, or to
curbs.
"ASTM" means the American Society for Testing and
Materials.
"Astringent/toner" means any product not regulated as a drug
by the United States Food and Drug Administration (FDA) which is applied to the
skin for the purpose of cleaning or tightening pores.
(1) This category also includes clarifiers and
substrate-impregnated products.
(2) This category does not include any hand, face, or body
cleaner or soap product, medicated astringent/medicated toner, cold cream,
lotion, or antiperspirant.
"Automotive hard paste wax" means an automotive wax or polish
that is:
(1) Designed to protect and improve the appearance of
automotive paint surfaces;
(2) A solid at room temperature; and
(3) Contains 0% water by formulation.
"Automotive instant detailer" means a product designed for
use in a pump spray that is applied to the painted surface of automobiles and
wiped off prior to the product being allowed to dry.
"Automotive rubbing or polishing compound" means a product
designed primarily to remove oxidation, old paint, scratches or "swirl marks,"
and other defects from the painted surfaces of motor vehicles without leaving a
protective barrier.
"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.
(1) Automotive wax, polish, sealant or glaze includes, but is
not limited to, products designed for use in autobody repair shops,
drive-through car washes and products designed for the general public.
(2) Automotive wax, polish, sealant or glaze does not include
automotive rubbing or polishing compounds, automotive wash and wax products,
surfactant-containing car wash products, and products designed for use on
unpainted surfaces such as bare metal, chrome, glass, or plastic.
"Automotive windshield washer fluid" means any liquid
designed for use in a motor vehicle windshield washer system either as an
antifreeze or for the purpose of cleaning, washing, or wetting the windshield
but does not include fluids placed by the manufacturer in a new vehicle.
"Bait station insecticide" means 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% active ingredients.
"Bathroom and tile cleaner" means a product designed to clean
tile or surfaces in bathrooms but does not include products specifically
designed to clean toilet bowls or toilet tanks.
"Brake cleaner" means a cleaning product designed to remove
oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake
mechanisms.
"Bug and tar remover" means a product designed to remove
either or both of the following from painted motor vehicle surfaces without
causing damage to the finish:
(1) Biological-type residues such as insect carcasses and
tree sap; and
(2) Road grime, such as road tar, roadway paint markings, and
asphalt.
"CARB" means the California Air Resources Board.
"Carburetor or fuel-injection air intake cleaners" means a
product designed to remove fuel deposits, dirt, or other contaminants from a
carburetor, choke, throttle body of a fuel-injection system, or associated
linkages but 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.
"Carpet and upholstery cleaner" means a cleaning product
designed for the purpose of eliminating dirt and stains on rugs, carpeting, the
interior of motor vehicles, household furniture, or objects upholstered or
covered with fabrics such as wool, cotton, nylon or other synthetic
fabrics.
(1) Carpet and upholstery cleaner includes, but is not
limited to, products that make fabric protectant claims.
(2) Carpet and upholstery cleaner does not include general
purpose cleaners, spot removers, vinyl or leather cleaners, dry cleaning
fluids, or products designed exclusively for use at industrial facilities
engaged in furniture or carpet manufacturing.
"Charcoal lighter material" means any combustible material
designed to be applied on, incorporated in, added to, or used with charcoal to
enhance ignition.
"Colorant" means any pigment or coloring material used in a
consumer product for an aesthetic effect, or to dramatize an ingredient.
"Construction, panel, and floor covering adhesive" means any
one component adhesive that is designed exclusively for the installation,
remodeling, maintenance, or repair of:
(1) Structural and building components that include, but are
not limited to, beams, trusses, studs, paneling (drywall or drywall laminates,
fiberglass reinforced plastic (FRP), plywood, particle board, insulation board,
pre- decorated hardboard or tileboard, etc.), ceiling and acoustical tile,
molding, fixtures, countertops or countertop laminates, cove or wall bases, and
flooring or subflooring; or
(2) Floor or wall coverings that include, but are not limited
to, wood or simulated wood covering, carpet, carpet pad or cushion, vinyl
backed carpet, flexible flooring material, nonresilient flooring material,
mirror tiles and other types of tiles, and artificial grass.
(3) Construction, panel, and floor covering adhesive does not
include floor seam sealer.
"Consumer" means any person who purchases, or acquires any
consumer product for personal, family, household, or institutional use, and
persons acquiring a consumer product for resale are not consumers for that
product.
"Consumer product" means a chemically formulated product used
by household and institutional consumers including, but not limited to,
detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal
care products; home, lawn, and garden products; disinfectants; sanitizers;
aerosol paints; and automotive specialty products but does not include other
paint products, furniture coatings, or architectural coatings.
"Contact adhesive" means a non-aerosol adhesive that:
(1) Is designed for application to both surfaces to be bonded
together;
(2) Is allowed to dry before the two surfaces are placed in
contact with each other;
(3) Forms an immediate bond that is impossible, or difficult,
to reposition after both adhesive- coated surfaces are placed in contact with
each other; and
(4) 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.
(5) Contact adhesive does not include rubber cements that are
primarily intended for use on paper substrates.
(6) Contact adhesive does not include vulcanizing fluids that
are designed and labeled for tire repair only.
"Container/packaging" means the part or parts of the consumer
or institutional product which serve only to contain, enclose, incorporate,
deliver, dispense, wrap or store the chemically formulated substance or mixture
of substances which is solely responsible for accomplishing the purposes for
which the product was designed or intended and includes any article onto or
into which the principal display panel and other accompanying literature or
graphics are incorporated, etched, printed or attached.
"Crawling bug insecticide" means any insecticide product that
is designed for use against ants, cockroaches, or other household crawling
arthropods, including, but not limited to, mites, silverfish or spiders but
does not include products designed to be used exclusively on humans or animals,
or any house dust mite product.
(1) For the purposes of this definition only:
(a) "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.
(b) "House dust mite" means mites which feed primarily on
skin cells shed in the home by humans and pets and which belong to the phylum
Arthropoda, the subphylum Chelicerata, the class Arachnida, the subclass Acari,
the order Astigmata, and the family Pyroglyphidae.
"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.
"Deodorant" means any product including, but not limited to,
aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze bottles, that is
intended by the manufacturer to be used to minimize odor in the human axilla by
retarding the growth of bacteria which cause the decomposition of
perspiration.
"Device" means any instrument or contrivance (other than a
firearm) which is designed for trapping, destroying, repelling, or mitigating
any pest or any other form of plant or animal life (other than man and other
than bacteria, virus, or other microorganism on or in living man or other
living animals) but does not include equipment used for the application of
pesticides when sold separately therefrom.
"Disinfectant" means any product that is labeled as a
disinfectant or is labeled as a product that destroys or irreversibly
inactivates infectious or other undesirable bacteria, pathogenic fungi, or
viruses on surfaces or inanimate objects and whose label is registered as a
disinfectant under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA,
7
U.S.C. 136, et seq.).
(1) Products that are labeled as both a "sanitizer" and a
"disinfectant" are considered disinfectants.
(2) Disinfectant does not include any of the following:
(a) Products labeled as solely for use on human or
animals;
(b) Products labeled as solely for agricultural use;
(c) Products labeled as solely for use in swimming pools,
therapeutic tubs, or hot tubs;
(d) Products that are labeled to be used on heat sensitive
critical or semi-critical medical devices or medical equipment surfaces;
(e) Products that are pre-moistened wipes or towelettes sold
exclusively to medical, convalescent, or veterinary establishments;
(f) Products that are labeled to be applied to food-contact
surfaces and are not required to be rinsed prior to contact with food;
or
(g) Products labeled as bathroom and tile cleaners, glass
cleaners, general purpose cleaners, metal polishes, carpet cleaners or fabric
refreshers that may also make disinfecting or antimicrobial claims on the
label.
"Distributor" means any person to whom a consumer product is
sold or supplied for the purposes of resale or distribution in commerce, except
that manufacturers, retailers, and consumers are not distributors.
"Double phase aerosol air freshener" means an aerosol air
freshener with the liquid contents in two or more distinct phases that requires
the product container be shaken before use to mix the phases, producing an
emulsion.
"Dry cleaning fluid" means any non-aqueous liquid product
designed and labeled exclusively for use on fabrics which are labeled for dry
clean only, such as clothing or drapery or s-coded fabrics.
(1) Dry cleaning fluid 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 work place.
(2) Dry cleaning fluid does not include spot remover or
carpet and upholstery cleaner.
"Dual purpose air freshener/disinfectant" means an aerosol
product that is represented on the product container for use as both a
disinfectant and an air freshener or is so represented on any sticker, label,
packaging, or literature attached to the product container.
"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 but does not include products which consist entirely of
compressed gases for use in electronic or other specialty areas.
"Electrical cleaner" means a product labeled as a product
that removes heavy soils such as grease, grime, or oil from electrical
equipment, including, but not limited to, electric motors, armatures, relays,
electric panels, or generators.
(1) Electrical cleaner does not include general purpose
cleaner, general purpose degreaser, dusting aid, electronic cleaner, energized
electrical cleaner, pressurized gas duster, engine degreaser, anti-static
product, or products designed to clean the casings or housings of electrical
equipment.
"Electronic cleaner" means a product labeled as a product
that removes dirt, moisture, dust, flux or oxide from the internal components
of electronic or labeled as precision equipment such as circuit boards and the
internal components of electronic devices, including, but not limited to,
radios, compact disc players, digital video disc players, and computers.
"Engine degreaser" means a cleaning product designed to
remove grease, grime, oil and other contaminants from the external surfaces of
engines and other mechanical parts.
"Fabric protectant" means a product labeled as a product 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
but does not include waterproofers or products labeled for use solely on
leather.
(1) Fabric protectant does not include pigmented products
that are designed to be used primarily for coloring, products used for
construction, reconstruction, modification, structural maintenance or repair of
fabric substrates, or products that renew or restore fabric and qualifying as
either clear coating or vinyl, fabric, leather, or polycarbonate coatings.
"Fabric refresher" means a product labeled to neutralize or
eliminate odors on non-laundered fabric, including, but not limited to, soft
household surfaces, rugs, carpeting, draperies, bedding, automotive interiors,
footwear, athletic equipment, clothing or on household furniture or objects
upholstered or covered with fabrics such as wool, cotton, or nylon. Fabric
refresher does not include anti-static products, carpet and upholstery
cleaners, footwear or leather care products, spot removers, disinfectants, or
products labeled for application to both fabric and human skin.
"Facial cleaner or soap" means a cleaner or soap designed
primarily to clean the face.
(1) Facial cleaner or soap includes, but is not limited to,
facial cleansing creams, gels, liquids, lotions, and substrate-impregnated
forms.
(2) Facial cleaner or soap does not include prescription drug
products, antimicrobial hand or body cleaner or soap, astringent/toner,
general-use hand or body cleaner or soap, medicated astringent/medicated toner,
or rubbing alcohol.
"Flea and tick insecticide" means any insecticide product
that is designed for use against fleas, ticks, their larvae, or their eggs but
does not include products that are designed to be used exclusively on humans or
animals and their bedding.
"Flexible flooring material" means asphalt, cork, linoleum,
no wax, rubber, seamless vinyl and vinyl composite flooring.
"Floor polish or wax" means a product designed or labeled as
a product to polish, wax, condition, protect, temporarily seal or otherwise
enhance floor surfaces by leaving a protective finish that is designed or
labeled to be periodically replenished.
(1) Floor polish or wax does not include spray buff products,
floor wax strippers, products designed or labeled for unfinished wood floors,
or coatings subject to architectural coatings regulations.
(2) Floor polish or wax is divided into three categories:
products for resilient flooring materials, products for nonresilient flooring
materials, and wood floor wax. For the purposes of this section:
(a) "Resilient flooring material" means flexible flooring
material, including but not limited to, asphalt, cork, linoleum, no-wax,
rubber, seamless vinyl, and vinyl composite flooring.
(b) "Nonresilient flooring material" means flooring of a
mineral content that is not flexible, including, but not limited to, terrazzo,
marble, slate, granite, brick, stone, ceramic tile, and concrete.
(c) "Wood floor wax" means wax-based products for use solely
on wood floors.
"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.
"Floor wax stripper" means a product designed to remove
natural or synthetic floor polishes or waxes through breakdown of the polish or
wax polymers, or by dissolving or emulsifying the polish or wax but does not
include aerosol floor wax strippers or products designed to remove floor wax
solely through abrasion.
"Flying bug insecticide" means any insecticide product that
is designed for use against flying insects or other flying arthropods,
including but not limited to flies, mosquitoes, moths, or gnats.
(1) Flying bug insecticide does not include wasp and hornet
insecticide, products that are designed to be used exclusively on humans or
animals, or any moth-proofing product.
(2) For the 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.
"Fragrance" means a substance or complex mixture of aroma
chemicals, natural essential oils, and other functional components with a
combined vapor pressure not in excess of two millimeters of mercury (mm Hg) at
20 degrees Celcius, the sole purpose of which is to impart an odor or scent or
to counteract a malodor.
"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 but does not
include dusting aids, products designed solely for the purpose of cleaning, and
products designed to leave a permanent finish such as stains, sanding sealers
and lacquers.
"Furniture coating" means any paint designed for application
to room furnishings including, but not limited to, cabinets (kitchen, bath and
vanity), tables, chairs, beds, and sofas.
"Gel" means a colloid in which the disperse phase has
combined with the continuous phase to produce a semisolid material, such as
jelly.
"General purpose adhesive" means any non-aerosol adhesive
designed for use on a variety of substrates.
(1) General purpose adhesive does not include;
(a) Contact adhesives;
(b) Construction, panel, and floor covering adhesives;
(c) Adhesives designed exclusively for application on one
specific category of substrates (i.e., substrates that are composed of similar
materials, such as different types of metals, paper products, ceramics,
plastics, rubbers, or vinyls); or
(d) Adhesives designed exclusively for use on one specific
category of articles (i.e., articles that may be composed of different
materials but perform a specific function, such as gaskets, automotive trim,
weather-stripping, or carpets).
"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 and includes products designed
for general floor cleaning, kitchen or countertop cleaning, and cleaners
designed to be used on a variety of hard surfaces and does not include general
purpose degreasers and electronic cleaners.
"General purpose degreaser" means any product labeled as a
product that removes or dissolves grease, grime, oil and other oil-based
contaminants from a variety of substrates, including automotive or
miscellaneous metallic parts.
(1) General purpose degreaser does not include engine
degreaser, general purpose cleaner, adhesive remover, electronic cleaner,
electrical cleaner, metal polish/cleanser, oven or grill cleaner, products used
exclusively in solvent cleaning tanks or related equipment, or products that
are:
(a) Exclusively sold directly or through distributors to
establishments that manufacture or construct goods or commodities; and
(b) Labeled for use in the manufacturing process only.
(2) Solvent cleaning tanks or related equipment includes, but
is not limited to, cold cleaners, vapor degreasers, conveyorized degreasers,
film cleaning machines, or products designed to clean miscellaneous metallic
parts by immersion in a container.
"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.
(1) General-use hand or body cleaner or soap includes, but is
not limited to, hand or body washes, dual-purpose shampoo-body cleaners, shower
or bath gels, and moisturizing cleaners or soaps.
(2) General-use hand or body cleaner or soap does not include
prescription drug products, antimicrobial hand or body cleaner or soap,
astringent/toner, facial cleaner or soap, hand dishwashing detergent (including
antimicrobial), heavy-duty hand cleaner or soap, medicated astringent/medicated
toner, or rubbing alcohol.
"Glass cleaner" means a cleaning product designed primarily
for cleaning surfaces made of glass but does not include products designed
solely for the purpose of cleaning optical materials used in eyeglasses,
photographic equipment, scientific equipment and photocopying machines.
"Graffiti remover" means a product labeled to remove spray
paint, ink, marker, crayon, lipstick, nail polish, or shoe polish from a
variety of non-cloth or non-fabric substrates.
(1) Graffiti remover does not include paint remover or
stripper, nail polish remover, or spot remover.
(2) Products labeled for dual use as both a paint stripper
and graffiti remover are considered graffiti removers.
"Hair mousse" means a hairstyling foam designed to facilitate
styling of a coiffure and provide limited holding power.
"Hair shine" means any product designed for the primary
purpose of creating a shine when applied to the hair.
(1) Hair shine includes, but is not limited to, dual-use
products designed primarily to impart a sheen to the hair.
(2) Hair shine does not include hair spray, hair mousse, hair
styling gel or spray gel, or products whose primary purpose is to condition or
hold the hair.
"Hair styling gel" means a high viscosity, often gelatinous,
product that contains a resin and is designed for the application to hair to
aid in styling and sculpting of the hair coiffure.
"Hair spray" means a consumer product designed primarily for
the purpose of dispensing droplets of a resin on and into a hair coiffure which
will impart sufficient rigidity to the coiffure to establish or retain the
style for a period of time.
"Hair Styling Product" means a consumer product manufactured
on or after January 1, 2009, that is designed or labeled as a product for the
application to wet, damp or dry hair to aid in defining, shaping, lifting,
styling or sculpting of the hair.
(1) Hair styling product includes, but is not limited to,
hair balm, clay, cream, curl straightener, gel, liquid, lotion, paste, pomade,
putty, root lifter, serum, spray gel, stick, temporary hair straightener, wax,
spray products that aid in styling but do not provide finishing of a hairstyle,
and leave-in volumizers, detanglers or conditioners that make styling
claims.
(2) Hair styling product does not include hair mousse, hair
shine, hair spray, or shampoos or conditioners that are rinsed from the hair
prior to styling.
"Heavy-duty hand cleaner or soap" means a product designed to
clean or remove difficult dirt and soils such as oil, grease, grime, tar,
shellac, putty, printer's ink, paint, graphite, cement, carbon, asphalt, or
adhesives from the hand with or without the use of water but does not include
prescription drug products, antimicrobial hand or body cleaner or soap,
astringent/toner, facial cleaner or soap, general-use hand or body cleaner or
soap, medicated astringent/medicated toner, or rubbing alcohol.
"Herbicide" means a pesticide product designed to kill or
retard a plant's growth, but excludes products that are:
(1) For agricultural use; or
(2) Restricted materials that require a permit for use and
possession.
"High volatility organic compound (HVOC)" means any volatile
organic compound that exerts a vapor pressure greater than 80 millimeters of
Mercury (mm Hg) when measured at 20 degrees Celsius.
"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.
"Insecticide" means a pesticide product that is designed for
use against insects or other arthropods, but excluding products that
are:
(1) For agricultural use;
(2) For a use which requires a structural pest control
license under applicable state or federal laws or regulations; or
(3) Restricted materials that require a permit for use and
possession.
"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.
"Institutional product" or "Industrial and institutional (I
nd I) product" means a consumer product that is designed for use in the
maintenance or operation of an establishment that manufactures, transports, or
sells goods or commodities, or provides services for profit or is engaged in
the nonprofit promotion of a particular public, educational, or charitable
cause.
(1) Establishments include, but are not limited to,
government agencies, factories, schools, hospitals, sanitariums, prisons,
restaurants, hotels, stores, automobile service and parts centers, health
clubs, theaters, or transportation companies.
(2) Institutional product 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.
"Label" means any written, printed, or graphic matter affixed
to, applied to, attached to, blown into, formed, molded into, embossed on, or
appearing upon any consumer product or consumer product package, for purposes
of branding, identifying, or giving information with respect to the product or
to the contents of the package.
"Laundry prewash" means a product that is designed for
application to a fabric prior to laundering and that supplements and
contributes to the effectiveness of laundry detergents or provides specialized
performance.
"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
and includes, but is not limited to, fabric finish, sizing, and starch.
"Lawn and garden insecticide" means an insecticide product
designed primarily to be used in household lawn and garden areas to protect
plants from insects or other arthropods.
"Liquid" means a substance or mixture of substances which is
capable of a visually detectable flow as determined under ASTM D 4359- 90 but
does not include powders or other materials that are composed entirely of solid
particles.
"Lubricant" means a product designed to reduce friction,
heat, noise, or wear between moving parts or to loosen rusted or immovable
parts or mechanisms.
(1) Lubricant does not include automotive power steering
fluids; products for use inside power generating motors, engines, and turbines,
and their associated power-transfer gearboxes; two cycle oils or other products
designed to be added to fuels; products for use on the human body or animals;
or products that are:
(a) Exclusively sold directly or through distributors to
establishments that manufacture or construct goods or commodities; and
(b) Labeled for use in the manufacturing process only.
"LVP content" means the total weight, in pounds, of LVP
compounds in a product multiplied by 100 and divided by the product's total net
weight (in pounds, excluding container and packaging), expressed to the nearest
0.1.
"LVP-VOC" means a chemical compound or mixture that contains
at least one carbon atom and meets one of the following:
(1) Has a vapor pressure less than 0.1 mm Hg at 20 degrees
Celsius, as determined by CARB Method 310;
(2) Is a chemical compound with more than 12 carbon atoms, or
a chemical mixture comprised solely of compounds with more than 12 carbon
atoms, and the vapor pressure is unknown;
(3) Is a chemical compound with a boiling point greater than
216 degrees Celsius, as determined by CARB Method 310; or
(4) Is the weight percent of a chemical mixture that boils
above 216 degrees Celsius, as determined by CARB Method 310.
(5) For the purposes of the definition of LVP-VOC:
(a) "Chemical compound" means a molecule of definite chemical
formula and isomeric structure; and
(b) "Chemical mixture" means a substrate comprised of two or
more chemical compounds.
"Manufacturer" means any person who imports, manufactures,
assembles, produces, packages, repackages, or re-labels a consumer
product.
"Medicated astringent/medicated toner" means any product
regulated as a drug by the FDA which is applied to the skin for the purpose of
cleaning or tightening pores.
(1) Medicated astringent/medicated toner includes, but is not
limited to, clarifiers and substrate- impregnated products.
(2) Medicated astringent/medicated toner does not include
hand, face, or body cleaner or soap products, astringent/toner, cold cream,
lotion, antiperspirants, or products that must be purchased with a doctor's
prescription.
"Medium volatility organic compound (MVOC)" means any
volatile organic compound that exerts a vapor pressure greater than two mm Hg
and less than or equal to 80 mm Hg when measured at 20 degrees Celsius.
"Metal polish/cleanser" means any product designed primarily
to improve the appearance of finished metal, metallic, or metallized surfaces
by physical or chemical action.
(1) To improve the appearance means to remove or reduce
stains, impurities, or oxidation from surfaces or to make surfaces smooth and
shiny.
(2) Metal polish/cleanser includes, but is not limited to,
metal polishes used on brass, silver, chrome, copper, stainless steel and other
ornamental metals.
(3) Metal polish/cleanser does not include automotive wax,
polish, sealant or glaze, wheel cleaner, paint remover or stripper, products
designed and labeled exclusively for automotive and marine detailing, or
products designed for use in degreasing tanks.
"Mist spray adhesive" means any aerosol which is not a
special purpose spray adhesive and which 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.
"Multi-purpose dry lubricant" means any lubricant that
is:
(1) Designed and labeled to provide lubricity by depositing a
thin film of graphite, molybdenum disulfide ("moly"), or
polytetrafluoroethylene or closely related fluoropolymer ("teflon") on
surfaces; and
(2) Designed for general purpose lubrication, or for use in a
wide variety of applications.
"Multi-purpose lubricant" means any lubricant designed for
general purpose lubrication or for use in a wide variety of applications but
does not include multi-purpose dry lubricants, penetrants, or silicone-based
multi- purpose lubricants.
"Multi-purpose solvent" means any liquid product designed or
labeled to be used for dispersing, dissolving, or removing contaminants or
other organic materials.
(1) Multi-purpose solvent includes:
(a) Products that do not display specific use instructions on
the product container or packaging;
(b) Products that do not specify an end-use function or
application on the product container or packaging;
(c) Solvents used in institutional facilities, except for
laboratory reagents used in analytical, educational, research, scientific or
other laboratories;
(d) Paint clean-up products; and
(e) Products labeled to prepare surfaces for painting.
(2) Multi-purpose solvent does not include any product making
any representation that the product may be used as, or is suitable for use as,
a consumer product that meets another definition in R307-357-3; such products
are subject to the most restrictive limit provisions in
R307-357-10(4)
and
R307-357-10(5).
"Nail polish" means any clear or colored coating designed for
application to the fingernails or toenails and including but not limited to,
lacquers, enamels, acrylics, base coats and top coats.
"Nail polish remover" means a product designed to remove nail
polish and coatings from fingernails or toenails.
"Non aerosol product" means any consumer product that is not
dispensed by a pressurized spray system.
"Non carbon containing compound" means any compound which
does not contain any carbon atoms.
"Non-selective terrestrial herbicide" means a terrestrial
herbicide product that is toxic to plants without regard to species.
"Oven or grill cleaner" means a product labeled exclusively
as a product to remove baked on grease or deposits from food preparation or
cooking surfaces.
"Paint" means any pigmented liquid, liquefiable, or mastic
composition designed for application to a substrate in a thin layer which is
converted to an opaque solid film after application and is used for protection,
decoration or identification, or to serve some functional purpose such as the
filling or concealing of surface irregularities or the modification of light
and heat radiation characteristics.
"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 but does not include
"Multi-purpose Solvents", paint brush cleaners, products designed and labeled
exclusively to remove graffiti, and hand cleaner products that claim to remove
paints and other related coatings from skin.
"Paint thinner" means any liquid product used for reducing
the viscosity of coating compositions or components or that prominently
displays the term paint thinner, lacquer thinner, thinner, or reducer on the
front panel of its packaging.
(1) Paint thinner does not include any of the following
products:
(a) Artist's solvent/thinner;
(b) Products that are sold in containers with a capacity of
five gallons or more and labeled exclusively for the thinning of industrial
maintenance coatings, zinc-rich primers, or high temperature coatings;
(c) Products labeled and used exclusively as an ingredient in
a specific coating or coating brand line whereby the coating would not be
complete or useable without the specific ingredient;
(d) Products that meet both of the following criteria:
(i) The principle display panel of the product displays
states that the product is used exclusively for the thinning of industrial
maintenance coatings, zinc-rich primers, or high temperature coatings;
and
(ii) No representation is made anywhere on the product
container or packaging or any label or sticker attached thereto that the
product is suitable for use or may be used for any other purpose except the
thinning of industrial maintenance coatings, zinc-rich primers, or high
temperature coatings.
"Penetrant" means a lubricant designed and labeled primarily
to loosen metal parts that have bonded together due to rusting, oxidation, or
other causes but does not include "Multi-purpose Lubricants" that claim to have
penetrating qualities, but are not labeled primarily to loosen bonded
parts.
"Pesticide" means and includes any substance or mixture of
substances labeled, designed, or intended for use in preventing, destroying,
repelling or mitigating any pest, or any substance or mixture of substances
labeled, designed, or intended for use as a defoliant, desiccant, or plant
regulator, provided that the term "pesticide" will not include any substance,
mixture of substances, or device which the United States Environmental
Protection Agency does not consider to be a pesticide.
"Principal display panel or panels" means that part, or those
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
such "principal display panels."
"Product category" means the applicable category which best
describes the product as listed in Table 1. "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.
"Pump spray" means a packaging system in which the product
ingredients within the container are not under pressure and in which the
product is expelled only while a pumping action is applied to a button, trigger
or other actuator.
"Restricted materials" means pesticides established as
restricted materials under applicable state or federal laws or
regulations.
"Roll on product" means any antiperspirant or deodorant that
dispenses active ingredients by rolling a wetted ball or wetted cylinder on the
affected area.
"Rubber/vinyl protectant" means any product labeled as a
product that protects, preserves or renews vinyl or rubber on vehicles, tires,
luggage, furniture, or household products such as vinyl covers, clothing, or
accessories. Rubber/vinyl protectant does not include products labeled to clean
the wheel rim, such as aluminum or magnesium wheel cleaners, and tire cleaners
that do not leave an appearance-enhancing or protective substance on the
tire.
"Sanitizer" means a product that is labeled as a sanitizer or
labeled as a product to reduce, but not necessary eliminate, microorganisms in
the air, on surfaces, or on inanimate objects and whose label is registered as
a sanitizer under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA;
7
U.S.C. section 136 et seq.)
(1) Products that are labeled as both a sanitizer and a
disinfectant are considered disinfectants.
(2) Sanitizers do not include:
(a) Disinfectants;
(b) Products labeled solely for use on humans or
animals;
(c) Products labeled solely for agricultural use;
(d) Products labeled solely for use in swimming pools,
therapeutic tubs, or hot tubs;
(e) products that are labeled to be used on heat sensitive
critical or semi-critical medical devices or medical equipment surfaces;
(f) Pre-moistened wipes or towelettes sold exclusively to
medical, convalescent or veterinary establishments;
(g) Products that are labeled to be applied to food-contact
surfaces and are not required to be rinsed prior to contact with food;
or
(h) Bathroom and tile cleaners, glass cleaners, general
purpose cleaners, metal polishers or fabric refreshers that may also make
sanitizing or anti-microbial claims on the label.
"Rubbing alcohol" means any product containing isopropyl
alcohol (also called isopropanol) or denatured ethanol and labeled for topical
use, usually to decrease germs in minor cuts and scrapes, to relieve minor
muscle aches, as a rubefacient, and for massage.
"Sealant and caulking compound" means any product with
adhesive properties that is designed to fill, seal, waterproof, or weatherproof
gaps or joints between two surfaces.
(1) Sealant and caulking compound does not include roof
cements and roof sealants; insulating foams; removable caulking compounds;
clear/paintable/water resistant caulking compounds; floor seam sealers;
products designed exclusively for automotive uses; or sealers that are applied
as continuous coatings.
(2) Sealant and caulking compound also does not include units
of product, less packaging, which weigh more than one pound and consist of more
than 16 fluid ounces.
(3) For the purposes of this definition only:
(a) "Removable caulking compounds" means a compound which
temporarily seals windows or doors for three to six month time intervals;
and
(b) "Clear/paintable/water resistant caulking compounds"
means a compound which contains no appreciable level of opaque fillers or
pigments; transmits most or all visible light through the caulk when cured; is
paintable; and is immediately resistant to precipitation upon application.
"Semisolid" means a product that, at room temperature, will
not pour, but will spread or deform easily, including gels, pastes, and
greases.
"Shaving cream" means an aerosol product which dispenses a
foam lather intended to be used with a blade, cartridge razor, or other wet
shaving system in the removal of facial or other bodily hair.
"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.
"Silicone-based multi-purpose lubricant" means any lubricant
which is:
(1) Designed and labeled to provide lubricity primarily
through the use of silicone compounds including, but not limited to,
polydimethylsiloxane; and
(2) Designed and labeled for general purpose lubrication, or
for use in a wide variety of applications.
(3) Silicone-based multi-purpose lubricant does not include
products designed and labeled exclusively to release manufactured products from
molds.
"Single phase aerosol air freshener" means an aerosol air
freshener with the liquid contents in a single homogeneous phase and which does
not require that the product container be shaken before use.
"Solid" means a substance or mixture of substances which,
either whole or subdivided (such as the particles comprising a powder), is not
capable of visually detectable flow as determined under ASTM D-4359-90.
"Special purpose spray adhesive" means an aerosol adhesive
that meets any of the following definitions:
(1) "Mounting adhesive" means an aerosol adhesive designed to
permanently mount photographs, artwork, and any other drawn or printed media to
a backing (paper, board, cloth, etc.) without causing discoloration to the
artwork.
(2) "Flexible vinyl adhesive" means an aerosol adhesive
designed to bond flexible vinyl to substrates.
(a) "Flexible vinyl" means a nonrigid polyvinyl chloride
plastic with at least five percent, by weight, of plasticizer content.
(b) "Plasticizer" means a material such as a high boiling
point organic solvent that is incorporated into a plastic to increase its
flexibility, workability, or distensibility, and may be determined using ASTM
Method E260-91 or from product formulation data.
(3) "Polystyrene foam adhesive" means an aerosol adhesive
designed to bond polystyrene foam to substrates.
(4) "Automobile headliner adhesive" means an aerosol adhesive
designed to bond together layers in motor vehicle headliners.
(5) "Polyolefin adhesive" means an aerosol adhesive designed
to bond polyolefins to substrates.
(6) "Laminate repair/edgebanding adhesive" means an aerosol
adhesive designed for:
(a) The touch-up or repair of items laminated with high
pressure laminates (e.g., lifted edges, delaminates, etc.); or
(b) The touch-up, repair, or attachment of edgebonding
materials, including but not limited to, other laminates, synthetic marble,
veneers, wood molding, and decorative metals.
(c) For the purposes of this definition, "high pressure
laminate" means sheet materials that consist of paper, fabric, or other core
material that have been laminated at temperatures exceeding 265 degrees
Fahrenheit, and at pressures between 1,000 and 1,400 psi.
(7) "Automotive engine compartment adhesive" means an aerosol
adhesive designed for use in motor vehicle under-the-hood applications which
require oil and plasticizer resistance, as well as high shear strength, at
temperatures of 200 to 275 degrees Fahrenheit.
"Spot remover" means any product designed to clean localized
areas, or remove localized spots or stains on cloth or fabric such as drapes,
carpets, upholstery, and clothing, that does not require subsequent laundering
to achieve stain removal but does not include dry cleaning fluid, laundry
prewash, carpet and upholstery cleaner, or multi- purpose solvent.
"Spray buff product" means a product designed to restore a
worn floor finish in conjunction with a floor buffing machine and special
pad.
"Stick product" means any antiperspirant or deodorant that
contains active ingredients in a solid matrix form, and that dispenses the
active ingredients by frictional action on the affected area.
"Structural waterproof adhesive" means an adhesive whose bond
lines are resistant to conditions of continuous immersion in fresh or salt
water, and that conforms with Federal Specification MMM-A-181 (Type 1, Grade
A), and MIL-A-4605 (Type A, Grade A and Grade C). This definition is as per the
Federal Consumer Products Regulation 40 CFR 59 Subpart C.
"Terrestrial" means to live on or grow from land.
"Temporary hair color" means any product that applies color,
glitter, or UV-active pigments to hair, wigs, or fur and is removable when
washed.
"Tire sealant and inflation" means any pressurized product
that is designed to temporarily inflate and seal a leaking tire.
"Type A propellant" means a compressed gas such as
CO2, N2,
N2O, or compressed air which is used as a propellant,
and is either incorporated with the product or contained in a separate chamber
within the product's packaging.
"Type B propellant" means any halocarbon which is used as a
propellant including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons
(HCFCs), and hydrofluorocarbons (HFCs).
"Type C propellant" means any propellant which is not a Type
A or Type B propellant, including propane, isobutane, n butane, and dimethyl
ether (also known as dimethyl oxide).
"Undercoating" means any aerosol product designed to impart a
protective, non-paint layer to the undercarriage, trunk interior, or firewall
of motor vehicles to prevent the formation of rust or to deaden sound and
includes, but is not limited to, rubberized, mastic, or asphaltic
products.
"VOC content" means the total weight of VOC in a product
expressed as a percentage of the product weight (exclusive of the container or
packaging).
"Wasp and hornet insecticide" means any insecticide product
that is designed for use against wasps, hornets, yellow jackets or bees by
allowing the user to spray from a distance a directed stream or burst at the
intended insects, or their hiding place.
"Waterproofer" means a product designed and labeled
exclusively to repel water from fabric or leather substrates. "Waterproofer"
does not include "Fabric Protectants".
"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) and
includes, but is not limited to, substances derived from the secretions of
plants and animals such as carnuba wax and beeswax, substances of a mineral
origin such as ozocerite and paraffin, and synthetic polymers such as
polyethylene.
"Web spray adhesive" means any aerosol adhesive which is not
a mist spray or special purpose spray adhesive.
"Wood cleaner" means a product labeled to clean wooden
materials, including but not limited to, decking, fences, flooring, logs,
cabinetry, and furniture.
"Wood floor wax" means wax based products for use solely on
wood floors.