CHAPTER
Env-A 4100 CONSUMER PRODUCTS
Statutory Authority: RSA 125-C:4, I(n); RSA 125-C:6, XVII; and RSA
485:16-c
PART Env-A 4101
PURPOSE, SCOPE, REFERENCES, AND EXEMPTIONS
Env-A
4101.01 Purpose. The purpose of this chapter is to implement RSA
125-C:6, XVII and RSA 485:16-c relative to limiting emissions of volatile
organic compounds (VOCs) by requiring reductions in the VOC content of consumer
products.
Source. #8439, eff 9-24-05; ss by #10527, eff 2-26-14
Env-A
4101.02 Applicability. Except as provided in Env-A 4101.04, this
chapter shall apply to any person who sells, supplies, offers for sale, or
manufactures consumer products on or after the applicable effective date
specified in Table 4105-1 for use in
Source. #8439, eff 9-24-05; ss by #10527, eff 2-26-14
Env-A
4101.03 References. For the purpose of this chapter, unless
otherwise specified
all references to 40
Source. #8439, eff 9-24-05; ss by #10527, eff 2-26-14
Env-A
4101.04 Exemptions.
(a) This chapter shall not apply to a manufacturer or distributor
who sells, supplies, or offers for sale in New Hampshire a consumer product
that does not comply with the VOC standards specified in Env-A 4105.01(a), as
long as the manufacturer or distributor can demonstrate both that the consumer
product is intended for shipment and use outside of New Hampshire, and that the
manufacturer or distributor has taken reasonable prudent precautions to assure
that the consumer product is not distributed to New Hampshire. This exemption shall not apply to any person
who sells, supplies, or offers for sale consumer products to retail outlets in
(b) The medium volatility organic compound (MVOC)
content standards specified in Env-A 4105.01(a), for antiperspirants or
deodorants, shall not apply to ethanol.
(c) The VOC limits specified in Env-A 4105.01(a)
shall not apply to:
(1) Fragrances
up to a combined level of 2 percent (%) by weight contained in any consumer
product;
(2) Colorants
up to a combined level of 2% by weight contained in any antiperspirant or
deodorant;
(3) For
antiperspirants or deodorants, those VOCs that contain more than 10 carbon
atoms per molecule and for which the vapor pressure is unknown, or that have a
vapor pressure of 2 millimeters of mercury (mm Hg) or less at 20 degrees
Celsius (°C);
(4) Low vapor
pressure VOCs (LVP-VOC);
(5) Air
fresheners that are comprised entirely of one or more of the following:
a. Fragrance;
b. Any compound
excluded from the definition of “VOC”; or
c. Any LVP-VOC;
(6) Insecticides
containing at least 98% para-dichlorobenzene;
(7) Any of the
following adhesives:
a. Adhesives
sold in containers of one fluid (fl) ounce (oz) or less;
b. A contact
adhesive that is a non-aerosol product sold in units of product, less packaging,
of more than one gallon; and
c. A
construction, panel, and floor covering adhesive or general purpose adhesive
that is a non-aerosol product sold in units of product, less packaging, of more
than one pound and more than 16 fl oz;
(8) Bait station
insecticides, if the bait is not more than 0.5 oz by weight; and
(9) Sealant and
caulking compounds sold in units of product, less packaging, of more than one
pound and more than 16 fl oz.
(d) The requirements of Env-A 4106.01 shall not
apply to consumer products registered under the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA), 7 U.S.C.
§§136 through 136y.
Source. #8439, eff 9-24-05; ss by #10527, eff 2-26-14
PART Env-A 4102
DEFINITIONS: A THROUGH E
Env-A
4102.01 “Adhesive” means any product that is used to bond one surface to
another by attachment. The term does not
include products labeled for use on humans or animals, adhesive tape, contact
paper, wallpaper, shelf liners, or any other product with an adhesive
incorporated onto or in an inert substrate.
Source. #8439, eff 9-24-05; ss by #10527, eff 2-26-14
Env-A
4102.02 “Adhesive remover” means a product designed exclusively for the
removal of adhesives, caulks, sealants, glues, and other bonding materials from
either a specific substrate or a variety of substrates. The term includes floor and wall covering
adhesive remover, gasket or thread locking adhesive remover, and general
purpose adhesive remover. The term does
not include products that remove adhesives labeled for use exclusively on
humans or animals.
Source. #10527, eff 2-26-14
Env-A
4102.03 “Aerosol adhesive” means an aerosol product in which the spray
mechanism is permanently housed in a non-refillable can designed for hand-held
application without the need for ancillary hoses or spray equipment. The term includes special purpose spray
adhesives and web spray adhesives.
Source. #10527, eff 2-26-14
Env-A
4102.04 “Aerosol cooking spray” means “aerosol cooking spray” as defined
in 40
Source. #10527, eff 2-26-14
Env-A
4102.05 “Aerosol product” means “aerosol
product” as defined in 40
Source. #10527, eff 2-26-14
Env-A
4102.06 “Agricultural use” means “agricultural use” as defined in 40
Source. #10527, eff 2-26-14
Env-A
4102.07 “Air freshener” means any product,
including but not limited to sprays, wicks, wipes, diffusers, powders, and
crystals, designed or labeled for the purpose of masking odors, or freshening,
cleaning, scenting, or deodorizing the air.
The term includes dual purpose air freshener/disinfectant products but
does not include products that are used on the human body, products that
function primarily as cleaning products as indicated on a product label, odor
remover/eliminator products, or toilet/urinal care products.
Source. #10527, eff 2-26-14
Env-A
4102.08 “All other carbon-containing compounds” means all compounds that contain
at least one carbon atom and are not a Table B compound or a LVP-VOC.
Source. #10527, eff 2-26-14
Env-A
4102.09 “All other forms” means “all other forms” as defined in 40
Source. #10527, eff 2-26-14
Env-A
4102.10 “Antimicrobial hand or body cleaner or soap” means a cleansing
agent that is designed to reduce the level of microorganisms on the skin through
germicidal activity in any form, including but not limited to antimicrobial
hand or body washes/cleaners, food handler hand washes, healthcare personnel
hand washes, pre-operative skin preparations, and surgical scrubs. The term
does not include any antiperspirant, astringent/toner, deodorant, facial
cleaner or soap, general-use hand or body cleaner or soap, hand dishwashing
detergent, heavy-duty hand cleaner or soap, medicated astringent/medicated
toner, prescription drug product, or rubbing alcohol, regardless of any
antimicrobial claims made for the product.
Source. #10527, eff 2-26-14
Env-A
4102.11 “Antiperspirant” means any product in any form, including but not
limited to aerosols, roll-ons, sticks, pumps, pads, creams, and
squeeze-bottles, that is designed to be used to reduce perspiration in the
human axilla by at least 20% in at least 50% of a target population.
Source. #10527, eff 2-26-14
Env-A
4102.12 “Anti-static product” means a
product that is labeled to eliminate, prevent, or inhibit the accumulation of
static electricity. The term does not
include any electronic cleaner, floor polish or wax, or floor coating, or any
product that is an aerosol coating product or architectural coating.
Source. #10527, eff 2-26-14
Env-A
4102.13 “Architectural coating” means any coating applied to any
stationary structure including, but not limited to, mobile homes, pavements,
curbs, and appurtenances.
Source. #10527, eff 2-26-14
Env-A
4102.14 “Aromatic compound” means a
carbon-containing compound that contains one or more benzene or equivalent
heterocyclic rings and has an initial boiling point less than or equal to 280
°C. The term does not include any
compound excluded from the definition of VOC in this chapter.
Source. #10527, eff 2-26-14
Env-A
4102.15 “Artist’s solvent/thinner” means
any liquid product that:
(a) Has a label that meets the requirements of
(b) Is packaged in a container equal to or less
than 34 fl oz; and
(c) Is designed to be used to reduce the
viscosity of, or remove, art coating compositions or components.
Source. #10527, eff 2-26-14
Env-A 4102.16 “Astringent/toner” means any product
not regulated as a drug by the U.S.
Food and Drug Administration (FDA) that is applied to the skin for the
purpose of cleaning or tightening pores, including but not limited to
clarifiers and substrate-impregnated products.
The term does not include any cold cream, lotion, antiperspirant,
medicated astringent/toner, or hand, face, or body cleaner or soap product.
Source. #10527, eff 2-26-14
Env-A
4102.17 “Automotive brake cleaner” means a
cleaning product manufactured prior to
January 1, 2017, that is designed to remove oil, grease, brake fluid,
brake pad material, or dirt, or any combination thereof, from motor vehicle
brake mechanisms.
Source. #10527, eff 2-26-14; ss by #10750, eff
12-19-14
Env-A 4102.18
“Automotive engine compartment adhesive” means an aerosol adhesive designed for use in motor vehicle
under-the-hood applications that require oil and plasticizer resistance, as
well as high shear strength, at temperatures of 200 to 275 degrees Fahrenheit
(°F).
Source. #10527, eff 2-26-14
Env-A
4102.19 “Automotive hard paste wax” means an automotive polish that is
designed to protect and improve the appearance of automotive paint surfaces, is
a solid at room temperature, and contains 0% water by formulation.
Source. #10527, eff 2-26-14
Env-A 4102.20
“Automotive headliner adhesive”
means an aerosol adhesive designed to bond together layers of motor vehicle
interior roof covering materials.
Source. #10527, eff 2-26-14
Env-A
4102.21 “Automotive instant detailer” means a pump spray product that is
applied to the painted surface of automobiles and wiped off before the product
can dry.
Source. #10527, eff 2-26-14
Env-A
4102.22 “Automotive rubbing or polishing compound” means a product
designed primarily to remove oxidation, old paint, scratches, swirl marks, or
other defects from the painted surfaces of motor vehicles without leaving a
protective barrier.
Source. #10527, eff 2-26-14
Env-A
4102.23 “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
includes, but is not limited to, products designed for use in autobody repair
shops and drive-through car washes, and products designed for the general
public. The term does not include
automotive rubbing or polishing compounds, automotive wash and wax products,
surfactant-containing car wash products, or products designed for use on
unpainted surfaces, such as bare metal, chrome, glass, or plastic.
Source. #10527, eff 2-26-14
Env-A
4102.24 “Automotive windshield cleaner”
means a pre-moistened towelette that is:
(a) Labeled as an automotive windshield cleaner
and labeled “automotive use only”; and
(b) Designed to be used on automotive
windshields, automotive mirrors, and automotive headlights.
Source. #10527, eff 2-26-14; ss by #10750, eff
12-19-14
Env-A 4102.25 “Automotive windshield washer fluid” means “automotive windshield
washer fluid” as defined in 40
Source. #10527, eff 2-26-14
Env-A 4102.26 “Bait station insecticides” means
containers enclosing a material that is composed of solid feeding stimulants
with less than 5% active ingredients, which is designed to be ingested by
insects and then cause their death.
Source. #10527, eff 2-26-14
Env-A 4102.27 “Bathroom and tile cleaner” means
“bathroom and tile cleaner” as defined
in 40
Source. #10527, eff 2-26-14
Env-A
4102.28 “Brake cleaner” means a cleaning product manufactured on or after January 1, 2017,
that is designed to remove oil, grease, brake fluid, brake pad material, or
dirt, or any combination thereof, from motor vehicle brake mechanisms.
Source. #10527, eff 2-26-14; ss by #10750, eff
12-19-14
Env-A
4102.29 “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:
(a) Biological-type residues, such as insect
carcasses and tree sap; or
(b) Road grime, such as road tar, roadway paint
markings, and asphalt.
Source. #10527, eff 2-26-14
Env-A 4102.30 “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. 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, or products designed or labeled exclusively to be introduced
during engine operation directly into air vacuum lines by using a pressurized
sprayer wand.
Source. #10527, eff 2-26-14
Env-A
4102.31 “Carpet and upholstery cleaner” means a cleaning product,
including a product that makes fiber-protectant claims, designed for the
purpose of eliminating dirt and stains on rugs, carpeting, the interior of
motor vehicles, or household furniture or objects upholstered or covered with
fabrics such as wool, cotton, nylon, or other synthetic fabrics. The term does not include dry cleaning
fluids, general purpose cleaners, products designed exclusively for use at
industrial facilities engaged in furniture or carpet manufacturing, spot
removers, or vinyl or leather cleaners.
Source. #10527, eff 2-26-14
Env-A
4102.32 “Charcoal lighter material” means “charcoal lighter material” as
defined in 40
Source. #10527, eff 2-26-14
Env-A
4102.33 “Chemical compound” means a
molecule of definite chemical formula and isomeric structure.
Source. #10527, eff 2-26-14
Env-A
4102.34 “Chemical mixture” means a
substrate comprised of 2 or more chemical compounds.
Source. #10527, eff 2-26-14
Env-A
4102.35 “Clear, paintable, and water
resistant caulking compounds” means a compound that:
(a) Contains no appreciable level of opaque
fillers or pigments;
(b) Is immediately resistant to precipitation
upon application;
(c) Is paintable; and
(d) Transmits most or all visible light through
the caulk when cured.
Source. #10527, eff 2-26-14
Env-A
4102.36 “Colorant” means any pigment or coloring material used in a
consumer product for an aesthetic effect or to dramatize an ingredient.
Source. #10527, eff 2-26-14
Env-A
4102.37 “Construction, panel, and floor covering adhesive” means any
non-aerosol one-component adhesive that:
(a) Is designed exclusively for the installation,
remodeling, maintenance, or repair of:
(1) Structural
and building components, including but not limited to beams, trusses, studs,
paneling such as drywall or drywall laminates, fiberglass reinforced plastic,
plywood, particle board, insulation board, pre-decorated hardboard or
tileboard, ceiling and acoustical tile, molding, fixtures, countertops or
countertop laminates, cove or wall bases, and flooring or subflooring; or
(2) Floor or
wall coverings, including but not limited to wood or simulated wood covering,
carpet, carpet pad or cushion, vinyl-backed carpet, flexible flooring material,
non-resilient flooring material, mirror tiles, other types of tiles, or
artificial grass; and
(b) Is not a floor seam sealer.
Source. #10527, eff 2-26-14
Env-A
4102.38 “Consumer” means “consumer” as defined in 40
Source. #10527, eff 2-26-14
Env-A
4102.39 “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, disinfectants, sanitizers, aerosol paints, automotive specialty
products, and home, lawn, and garden products.
The term does not include other paint products, furniture coatings, or
architectural coatings.
Source. #10527, eff 2-26-14
Env-A
4102.40 “Contact adhesive” means a non-aerosol adhesive, other than
rubber cements that are primarily intended for use on paper substrates, that:
(a) 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) Forms an immediate bond that is impossible,
or difficult, to reposition after both adhesive-coated surfaces are placed in
contact with each other;
(c) Is allowed to dry before the 2 surfaces are
placed in contact with each other; and
(d) Is designed for application to both surfaces
to be bonded together.
Source. #10527, eff 2-26-14
Env-A
4102.41 “Contact adhesive - general
purpose” means any contact adhesive that is not a “contact adhesive - special purpose”.
Source. #10527, eff 2-26-14
Env-A
4102.42 “Contact adhesive - special
purpose” means a contact adhesive that:
(a) Is used to bond melamine-covered board,
unprimed metal, unsupported vinyl, Teflon, ultra-high molecular weight
polyethylene, rubber, high pressure laminate, or wood veneer 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 8 fl oz; or
(b) Is used in automotive applications that are:
(1) Automotive
under-the-hood applications requiring heat, oil or gasoline resistance; or
(2) Body-side
molding, automotive weather-stripping, or decorative trim.
Source. #10527, eff 2-26-14
Env-A
4102.43 “Container or packaging” means “container or packaging” as defined in 40
Source. #10527, eff 2-26-14
Env-A
4102.44 “Crawling bug insecticide” means “crawling bug insecticide” as
defined in 40
Source. #10527, eff 2-26-14
Env-A
4102.45 “Date code” means the day, month
and year on which the consumer product was manufactured, filled, or packaged,
or a code indicating that date.
Source. #10527, eff 2-26-14
Env-A
4102.46 “Deodorant” means any product in any form, 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 that cause the
decomposition of perspiration, and that, for products manufactured on or after January 1, 2009, 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. The
term includes any deodorant body spray 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.
Source. #10527, eff 2-26-14
Env-A
4102.47 “Deodorant body spray” means:
(a) For products manufactured before January 1,
2009, a personal fragrance product with 20 percent or less fragrance; and
(b) For products manufactured on or after January
1, 2009, a personal fragrance product
with 20 percent or less fragrance that is designed for application all over the
human body to provide a scent.
Source. #10527, eff 2-26-14
Env-A
4102.48 “Device” means any instrument or contrivance, other than a
firearm, that is designed for trapping, destroying, repelling, or mitigating
any pest, whether in the form of plant or animal life, excluding humans and
excluding any bacteria, virus, or other microorganism on or living in humans or
other animals. The term excludes
equipment used for the application of pesticides when sold separately from the
pesticides.
Source. #10527, eff 2-26-14
Env-A
4102.49 “Dilutable windshield washer
fluid” means any automotive windshield washer fluid sold in a container with a
capacity of either 55 gallons or more or one quart or less, that is designed to
be mixed with water or other non-VOC solvent prior to being used.
Source. #10527, eff 2-26-14
Env-A
4102.50 “Disinfectant” means any product that is labeled by its
manufacturer as a disinfectant, or is otherwise represented by its labeling for
use to destroy or irreversibly inactivate infectious or other undesirable
bacteria, pathogenic fungi, or viruses on surfaces or inanimate objects and
whose label is registered as a disinfectant under FIFRA. The term includes products
that are labeled as both a sanitizer and a disinfectant, but does not include:
(a) Products designed solely for use on humans or
animals;
(b) Products designed for agricultural use;
(c) Products designed solely for use in swimming
pools, therapeutic tubs, or hot tubs;
(d) Products 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 labeled to be applied to
food-contact surfaces that are not required to be rinsed off prior to contact
with food; or
(g) Products that
are labeled as bathroom and tile cleaners, glass cleaners, general
purpose cleaners, toilet/urinal care products, metal polishes, carpet cleaners,
or fabric cleaners, regardless of any disinfecting or antimicrobial claims on
the label.
Source. #10527, eff 2-26-14
Env-A
4102.51 “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 manufacturers,
retailers, and consumers.
Source. #10527, eff 2-26-14
Env-A
4102.52 “Double phase aerosol air freshener” means “double phase aerosol
air freshener” as defined in 40
Source. #10527, eff 2-26-14
Env-A
4102.53 “Dry cleaning fluid” means any non-aqueous liquid product
designed and labeled exclusively for use on fabrics that are labeled “for dry
clean only”, such as clothing, drapery, or “S-coded” fabrics. 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 work place, excluding spot removers and carpet and
upholstery cleaners. The term does not
include spot remover or carpet and upholstery cleaner.
Source. #10527, eff 2-26-14
Env-A 4102.54 “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.
Source. #10527, eff 2-26-14
Env-A
4102.55 “Dusting aid” means “dusting aid” as defined in 40
Source. #10527, eff 2-26-14
Env-A
4102.56 “Electrical cleaner” means a
product labeled to remove heavy soils such as grease, grime, or oil from
electrical equipment, including but not limited to electric motors, armatures,
relays, electric panels, or generators.
The term 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.
Source. #10527, eff 2-26-14
Env-A
4102.57 “Electronic cleaner” means a product designed specifically for
the removal of dirt, moisture, dust, flux, or oxides from the internal
components of electronic or precision equipment such as circuit boards and from
the internal components of electronic devices, including but not limited to
radios, compact disc (CD) players, digital video disc (
Source. #10527, eff 2-26-14
Env-A
4102.58 “Energized electrical cleaner”
means a product that meets both of the following:
(a) The product is labeled to clean or degrease
electrical equipment, where cleaning or degreasing is accomplished when
electrical current exists, or when there is a residual electrical potential
from a component of the equipment such as a capacitor; and
(b) The product
label clearly displays the statement “Energized Equipment Use Only - Not to be
used for maintenance of motorized vehicles or their parts.”
Source. #10527, eff 2-26-14
Env-A
4102.59 “Engine degreaser” means “engine degreaser” as defined in 40
Source. #10527, eff 2-26-14
Env-A 4102.60 “Existing product” means
any formulation of the same product category and form that is sold, supplied,
manufactured, or offered for sale in New Hampshire prior to the 2014 effective
date of this chapter, and any subsequently introduced identical formulation.
Source. #10527, eff 2-26-14
PART Env-A 4103
DEFINITIONS: F THROUGH M
Env-A
4103.01 “Fabric protectant” means:
(a) For products manufactured before January 1,
2015, 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 waterproofers, products designed for use solely on
leather, or products designed for use solely on fabrics that are labeled “for
dry clean only” and sold in containers of 10 fl oz or less; and
(b)
For products manufactured on or after January 1, 2015, a product labeled
to be applied to fabric substrates to protect the surface from soiling from
dirt or other impurities or to reduce absorption of liquid into the fabric
fibers. The term does not include
waterproofers, products labeled for use solely on leather, pigmented products
that are designed to be used primarily for coloring, products that renew or
restore fabric and qualifying as either “clear coating” or
“vinyl/fabric/leather/polycarbonate coating”, or products used for
construction, reconstruction, modification, structural maintenance, or repair
of fabric substrates.
Source. #8439, eff 9-24-05; ss by #10527, eff 2-26-14
Env-A
4103.02 “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, but
not limited to, wool, cotton, or nylon.
The term does not include “anti-static product”, “carpet and upholstery
cleaner”, “footwear or leather care product”, “spot remover”, “disinfectant”,
or products labeled for application to both fabric and human skin.
Source. #8439, eff 9-24-05; ss by #10527, eff 2-26-14
Env-A
4103.03 “Facial cleaner or soap” means a cleansing agent that is designed
primarily to clean the face in any form, including but not limited to creams,
gels, liquids, lotions, and substrate-impregnated material. The term 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.
Source. #8439, eff 9-24-05; ss by #10527, eff 2-26-14
Env-A
4103.04 “Fat wood” means pieces of wood kindling with high
naturally-occurring levels of sap or resin which enhance ignition of the
kindling. The term does not include any
kindling with one or more substances added to enhance flammability, such as
wax-covered or wax-impregnated wood-based products.
Source. #8439, eff 9-24-05; ss by #10527, eff 2-26-14
Env-A 4103.05 “Finishing” means the maintaining or holding
of previously styled hair for a period of time.
Source. #8439, eff 9-24-05; ss by #10527, eff 2-26-14
Env-A
4103.06 “Flea and tick insecticide” means “flea and tick insecticide” as defined in 40
Source. #8439, eff 9-24-05; ss by #10527, eff 2-26-14
Env-A
4103.07 “Flexible flooring material”
means “flexible flooring material” as defined in 40 CFR §59.202, as reprinted
in Appendix D.
Source. #8439, eff 9-24-05; ss by #10527, eff
2-26-14; ss by #10750, eff 12-19-14
Env-A
4103.08 “Flexible vinyl” means a
non-rigid polyvinyl chloride plastic with at least 5%, by weight, of
plasticizer content, as determined using
Source. #10527, eff 2-26-14
Env-A
4103.09 “Flexible vinyl adhesive” means an aerosol adhesive designed to
bond flexible vinyl to substrates.
Source. #10527, eff 2-26-14
Env-A
4103.10 “Floor and wall covering
adhesive remover” means a product designed or labeled to remove floor or wall
coverings and associated adhesive from the underlying substrate.
Source. #10527, eff 2-26-14
Env-A 4103.11 “Floor coating” means an opaque coating that is labeled and designed for
application to horizontal surfaces that will be subject to foot traffic,
including but not limited to flooring, decks, porches, and steps.
Source. #10527, eff 2-26-14
Env-A
4103.12 “Floor polish or wax” means:
(a) For products manufactured before January 1,
2017, “floor polish or wax” as defined
in 40
(b) For products manufactured on or after January
1, 2017, a product designed
or labeled 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.
The term includes wood floor wax, products for flexible flooring
materials, and products for non-resilient flooring materials. The term does not include spray buff
products, floor wax strippers, products designed or labeled for unfinished wood
floors, or coatings subject to architectural coatings regulations.
Source. #10527, eff 2-26-14; ss by #10750, eff
12-19-14
Env-A 4103.13 “Floor
seam sealer” means “floor seam sealer” as defined in 40
Source. #10527, eff 2-26-14
Env-A 4103.14 “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.
The term does not include aerosol floor wax strippers or products
designed to remove floor wax solely through abrasion.
Source. #10527, eff 2-26-14
Env-A 4103.15 “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. The term does not
include wasp and hornet insecticides, products that are designed to be used
exclusively on humans or animals or their bedding, or any moth-proofing
product.
Source. #10527, eff 2-26-14
Env-W 4103.16 “Footwear” means leather and non-leather foot
apparel.
Source. #10527, eff 2-26-14
Env-A 4103.17 “Footwear or leather care product” means any product designed or labeled
to be applied to footwear or to other leather items or components, to maintain,
enhance, clean, protect, or modify the appearance, durability, fit, or
flexibility of the footwear or leather item or component. The term does not include fabric protectant,
general purpose adhesive, contact adhesive, vinyl/fabric/leather/polycarbonate
coating, rubber/vinyl protectant, fabric refresher, products solely for
deodorizing, or sealant products with adhesive properties used to create
external protective layers greater than 2 millimeters thick.
Source. #10527, eff 2-26-14
Env-A 4103.18 “Fragrance”
means a substance or mixture of aroma chemicals, natural essential oils,
and other functional components with a combined vapor pressure not in excess of
2 mm Hg at 20 °C, the sole purpose of which is to impart an odor or scent, or
to counteract a malodor.
Source. #10527, eff 2-26-14
Env-A 4103.19 “Furniture
maintenance product” means a wax, polish,
conditioner, or any other product designed or labeled for the purpose of
polishing, protecting or enhancing finished wood surfaces, other than floors,
and other furniture surfaces including but not limited to acrylics, ceramic,
plastics, stone surfaces, metal
surfaces,
and fiberglass. The term does not include dusting
aids, wood cleaners, products designed solely for the purpose of cleaning, or
products designed to leave a permanent finish such as stains, sanding sealers,
or lacquers.
Source. #10527, eff 2-26-14
Env-A
4103.20 “Furniture coating” means
any paint designed for application to room furnishings, including but not
limited to tables, chairs, beds, sofas, and kitchen, bath or vanity cabinets.
Source. #10527, eff 2-26-14
Env-A 4103.21 “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.
Source. #10527, eff 2-26-14
Env-A 4103.22 “Gel”
means “gel” as defined in 40
Source. #10527, eff 2-26-14
Env-A 4103.23 “General
purpose adhesive” means any non-aerosol adhesive designed for use on a
variety of substrates, excluding the following:
(a)
Contact adhesives;
(b)
Construction, panel, and floor covering adhesives;
(c)
Adhesives designed exclusively for application on one specific category
of 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 that may be composed of different materials but perform a specific
function, such as gaskets, automotive trim, weather-stripping, or carpets.
Source. #10527, eff 2-26-14
Env-A 4103.24 “General purpose adhesive remover” means a
product designed or labeled to remove cyanoacrylate adhesives as well as
non-reactive adhesives or residue from a variety of substrates. The term includes, but is not limited to, products
that remove thermoplastic adhesives, pressure sensitive adhesives, dextrine or
starch-based adhesives, casein glues, and rubber or latex-based adhesives, as
well as products that remove stickers, decals, stencils, or similar materials.
The term does not include floor or wall covering adhesive remover.
Source. #10527, eff 2-26-14
Env-A 4103.25 “General
purpose cleaner” means a product designed or
labeled to clean a variety of hard surfaces, including small appliances. The term includes, but is not limited to,
products designed or labeled for general floor cleaning, kitchen, countertop,
or sink cleaning, and cleaners designed or labeled to be used on a variety of
hard surfaces such as stovetops, cooktops, or microwaves.
Source. #10527, eff 2-26-14
Env-A 4103.26 “General
purpose degreaser” means any product designed to remove or dissolve grease,
grime, oil, and other oil-based contaminants from a variety of substrates,
including but not limited to automotive or miscellaneous metallic parts. The term does not include engine degreaser,
general purpose cleaner, adhesive remover, electronic cleaner, electrical
cleaner, energized
electrical cleaner, metal polish/cleanser,
oven or grill cleaner, products sold exclusively directly or through
distributors to establishments that manufacture or construct goods or
commodities and labeled “exclusively for use in the manufacturing process
only”, or products used exclusively in solvent cleaning tanks or related
equipment, including but 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.
Source. #10527, eff 2-26-14
Env-A
4103.27 “General-use hand or body
cleaner or soap” means a cleanser designed to be used routinely on the
skin to clean or remove typical or common dirt and soils, including but not
limited to hand or body washes, dual-purpose shampoo-body cleaners, shower or
bath gels, and moisturizing cleaners or soaps.
The term 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.
Source. #10527, eff 2-26-14
Env-A 4103.28 “Glass
cleaner” means “glass cleaner” as defined in 40
Source. #10527, eff 2-26-14
Env-A 4103.29 “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 nonfabric substrates. The
term includes products labeled for dual use as both a paint stripper and
graffiti remover. The term does not
include paint remover or stripper, nail polish remover, or spot remover.
Source. #10527, eff 2-26-14
Env-A 4103.30 “Hair
mousse” means “hair mousse” as defined in 40
Source. #10527, eff 2-26-14
Env-A 4103.31 “Hair
shine” means any product designed for the primary purpose of creating a
shine when applied to the hair, including but not limited to dual-use products
designed primarily to impart a sheen to the hair. The term does not include hair spray, hair
mousse, hair styling gel, hair styling product, or products whose primary
purpose is to condition or hold the hair.
Source. #10527, eff 2-26-14
Env-A 4103.32 “Hair
styling gel” means a consumer product manufactured before January 1, 2009
that is a “hair styling gel” as defined in 40
Source. #10527, eff 2-26-14
Env-A 4103.33 “Hair
spray” means:
(a)
For products manufactured before January 1, 2009, “hairspray” as defined
in 40
(b)
For products manufactured on or after January 1, 2009, a consumer
product that is applied to
styled hair that is designed or labeled to hold or retain the style of the hair
for a period of time. The term includes
aerosol hair sprays, pump hair sprays, spray waxes, color, glitter, or sparkle
hairsprays that make finishing claims, and products that are both a styling and
finishing product. The term does not
include spray products that are intended to aid in styling but does not provide
finishing of a hairstyle.
Source. #10527, eff 2-26-14
Env-A 4103.34 “Hair styling product” means a consumer product manufactured on or after
January 1, 2009, that is designed or labeled for the application to wet, damp
or dry hair to aid in defining, shaping, lifting, styling and sculpting of the
hair. The term includes, but is not
limited to, hair balm, clay, cream, creme, 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. The term does not include hair mousse, hair shine,
hair spray, or shampoos or conditioners that are rinsed from the hair prior to
styling.
Source. #10527, eff 2-26-14
Env-A 4103.35 “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.
The term 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.
Source. #10527, eff 2-26-14
Env-A 4103.36 “Herbicide”
means a pesticide product designed to kill or retard plant growth. The term does not include products that are
for agricultural use or are restricted materials that require a permit for use
and possession.
Source. #10527, eff 2-26-14
Env-A 4103.37 “High pressure coating” means a high performance
coating labeled and designed for application to substrates exposed continuously
or intermittently to temperatures above 204°C (400°F).
Source. #10527, eff 2-26-14
Env-A 4103.38 “High
volatility organic compound (HVOC)” means “high-volatility organic compound or HVOC” as defined in 40
Source. #10527, eff 2-26-14
Env-A 4103.39 “House
dust mite” means a mite that feeds 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.
Source. #10527, eff 2-26-14
Env-A 4103.40 “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.
Source. #10527, eff 2-26-14
Env-A 4103.41 “Household
product” means “household product” as defined in 40
Source. #10527, eff 2-26-14
Env-A 4103.42 “Household
use” means “household use” as defined in 40
Source. #10527, eff 2-26-14
Env-A 4103.43 “Industrial maintenance coating” means a high performance architectural
coating, including primers, sealers, undercoaters, intermediate coats, and topcoats,
formulated for application to substrates, including floors, labeled “For
industrial use only,” “For professional use only,” “Not for residential use,”
or “Not intended for residential use,” and designed to be exposed to one or
more of the extreme environmental conditions listed below:
(a) Immersion in water, wastewater, or aqueous or
non-aqueous solutions chemical solutions, or chronic exposure of interior
surfaces to moisture condensation;
(b) Acute or chronic exposure to corrosive, caustic,
or acidic agents, or to chemicals, chemical fumes, or chemical mixtures or
solutions;
(c) Frequent exposure to temperatures above 121 °C (250 °F);
(d) Frequent heavy abrasion, including mechanical
wear and frequent scrubbing with industrial solvents, cleansers, scouring
agents; or
(e) Exterior exposure of metal structures and
structural components.
Source. #10527, eff 2-26-14
Env-A 4103.44 “Industrial and institutional products” means
“institutional product”.
Source. #10527, eff 2-26-14
Env-A 4103.45 “Industrial
use” means “industrial use” as defined in 40
Source. #10527, eff 2-26-14
Env-A
4103.46 “Insecticide” means a
pesticide product that is designed for use against insects or other arthropods,
but excluding products that are:
(a)
For agricultural use;
(b)
For a use that requires a structural pest control license under
(c)
Restricted materials that require a permit for use and possession.
Source. #10527, eff 2-26-14
Env-A 4103.47 “Insecticide
fogger” means “insecticide
fogger” as defined in 40
Source. #10527, eff 2-26-14
Env-A 4103.48
“Institutional product” means
“institutional product” as defined in 40
Source. #10527, eff 2-26-14
Env-A 4103.49 “Label”
means “label” as defined in 40
Source. #10527, eff 2-26-14
Env-A 4103.50 “Labeled”
as a verb means identified by the label.
Source. #10527, eff 2-26-14
Env-A 4103.51 “Laminate
repair/edgebanding adhesive” means an aerosol adhesive designed for:
(a)
The touch-up or repair of items laminated with high pressure laminates
including but not limited to lifted edges or delaminates; 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.
Source. #10527, eff 2-26-14
Env-A 4103.52 “Large font” means a font size as large as, or larger than, the font
size of all other words on the panel, not including the company name, brand
name, or logo.
Source. #10527, eff 2-26-14
Env-A 4103.53 “Laundry
prewash” means “laundry prewash” as defined in 40
Source. #10527, eff 2-26-14
Env-A 4103.54 “Laundry
starch/sizing/fabric finish product” means “laundry starch product” as
defined in 40
Source. #10527, eff 2-26-14
Env-A 4103.55 “Lawn
and garden insecticide” means “lawn and garden insecticide” as defined
in 40
Source. #10527, eff 2-26-14
Env-A 4103.56 “Liquid” means a substance or mixture of substances that is
capable of a visually-detectable flow using the method in
Source. #10527, eff 2-26-14
Env-A 4103.57 “Low vapor pressure VOC (LVP-VOC)” means a chemical compound
or mixture that contains at least one carbon atom and meets one of the
following:
(a)
Has a vapor pressure
less than 0.1 mm Hg at 20oC, as determined by California Air
Resources Board (CARB) Method 310;
(b)
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;
(c)
Is a chemical compound with a boiling point greater than 216oC,
as determined by CARB Method 310;
or
(d)
Is the weight percent of a chemical mixture that boils above 216o C,
as determined by CARB Method 310.
Source. #10527, eff 2-26-14
Env-A 4103.58 “Lubricant”
means a product designed to reduce friction, heat, noise, or wear
between moving parts, or to loosen rusted or immovable parts or mechanisms,
other than automotive power steering fluids, 2 cycle oils or other products
designed to be added to fuels, products for use on the human body or animals,
products that are sold exclusively directly by or through distributors to
establishments that manufacture or construct goods or commodities and are
labeled exclusively for “use in the manufacturing process only”, and products
for use inside power generating motors, engines, and turbines, and their
associated power-transfer gearboxes.
Source. #10527, eff 2-26-14
Env-A 4103.59 “Manufacturer”
means any person who imports, manufactures, assembles, produces,
packages, repackages, or relabels a consumer product.
Source. #10527, eff 2-26-14
Env-A 4103.60 “Medicated
astringent /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, including but not limited to clarifiers and substrate-impregnated
products. The term 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.
Source. #10527, eff 2-26-14
Env-A
4103.61 “Medium volatility organic
compound (MVOC)” means any VOC that exerts a vapor pressure greater than
2 mm Hg and less than or equal to 80 mm Hg when measured at 20°C.
Source. #10527, eff 2-26-14
Env-A 4103.62 “Metal
polish/cleanser” means any product designed to improve the appearance of
a finished metal, metallic, or metallized surface by physical or chemical
action, by removing or reducing stains, impurities, or oxidation from the
surface or by making the surface smooth and shiny. The term includes but is not limited to metal
polishes used on brass, silver, chrome, copper, stainless steel, and other
ornamental metals. The term does not
include wheel cleaner, paint remover or stripper, products designed and labeled
exclusively for automotive and marine detailing, products designed for use in
degreasing tanks, or automotive wax, polish, sealant, or glaze.
Source. #10527, eff 2-26-14
Env-A 4103.63 “Mist
spray adhesive” means any aerosol that is not a special purpose spray
adhesive and that 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.
Source. #10527, eff 2-26-14
Env-A 4103.64 “Moth-proofing product” for purposes of the
definition of “flying bug insecticide” 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.
Source. #10527, eff 2-26-14
Env-A 4103.65 “Mounting adhesive” means an aerosol
adhesive designed to permanently mount photographs, artwork, and any other drawn
or printed media to a backing, including but not limited to paper, board, or
cloth, without causing discoloration to the artwork.
Source. #10527, eff 2-26-14
Env-A 4103.66 “Multi-purpose
dry lubricant” means any lubricant that is designed and labeled to
provide lubricity by depositing a thin film of graphite, molybdenum disulfide,
also known as “moly”, or polytetrafluoroethylene or closely related
fluoropolymer, also known as “teflon”, on surfaces, and designed for general
purpose lubrication or for use in a wide variety of applications.
Source. #10527, eff 2-26-14
Env-A 4103.67 “Multi-purpose
lubricant” means any lubricant designed for general purpose lubrication
or for use in a wide variety of applications, excluding multi-purpose dry
lubricants, penetrants, or silicone-based multi-purpose lubricants.
Source. #10527, eff 2-26-14
Env-A 4103.68 “Multi-purpose
solvent” means any liquid product designed or
labeled to be used for dispersing, dissolving, or removing contaminants or
other organic materials. The term
includes products that do not display specific use instructions on the product
container or packaging, products that do not specify an end-use function or
application on the product container or packaging, paint
clean up products, products labeled to prepare
surfaces for painting, and solvents used in institutional facilities other than
laboratory reagents used in analytical, educational, research, scientific, or
other laboratories. The term does not
include solvents labeled exclusively for the clean-up of application equipment
used for polyaspartic and polyurea coatings, solvents that are incorporated
into or used exclusively in the manufacture or construction of the goods or
commodities at the site of the establishment, products that are labeled
exclusively to clean a specific contaminant on a single substrate in specific
situations, or solvents used in cold cleaners, vapor degreasers, conveyorized
degreasers or film cleaning machines.
Source. #10527, eff 2-26-14; ss by #10750, eff
12-19-14
PART Env-A 4104
DEFINITIONS: N THROUGH Z
Env-A
4104.01 “Nail polish” means any clear or colored coating designed for
application to fingernails or toenails including but not limited to lacquers,
enamels, acrylics, base coats, and top coats.
Source. #8439, eff 9-24-05; ss by #10527, eff 2-26-14
Env-A
4104.02 “Nail polish remover” means “nail polish remover” as defined in
40
Source. #8439, eff 9-24-05; ss by #10527, eff 2-26-14
Env-A
4104.03 “New Hampshire sales” means the sales per year in
New Hampshire, in pounds of product, less packaging and container, for either
the calendar year immediately prior to the year that the registration is due
or, if that data is not available, any consecutive 12-month period commencing
no earlier than 2 years prior to the due date of the registration.
Source. #8439, eff 9-24-05; ss by #10527, eff 2-26-14
Env-A 4104.04 “Non-aerosol product” means any consumer
product that is not dispensed by a pressurized spray system.
Source. #10527, eff 2-26-14
Env-A 4104.05 “Non-carbon
containing-compound” means any compound that does not contain any carbon
atoms.
Source. #10527, eff 2-26-14
Env-A 4104.06 “Nonresilient flooring” means “nonresilient
flooring” as defined in 40 CFR §59.202, as reprinted in Appendix D.
Source. #10527, eff 2-26-14; ss by #10750, eff
12-19-14
Env-A 4104.07 “Nonresilient flooring material” means flooring of
a mineral content that is not flexible.
The term includes, but is not limited to, terrazzo, marble, slate, granite,
brick, stone, ceramic tile, and concrete.
Source. #10527, eff 2-26-14
Env-A 4104.08 “Non-selective
terrestrial herbicide” means a terrestrial herbicide product that is
toxic to plants without regard to species.
Source. #10527, eff 2-26-14
Env-A 4104.09 “Oven
or grill cleaner” means any cleaning product designed or labeled
exclusively to clean and to remove dried or baked on greases and/or food
deposits from oven walls, food preparation and/or food cooking surfaces. The term does not include a product labeled
as an oven or grill cleaner that makes claims that it is suitable for cleaning
or degreasing other hard surfaces.
Source. #10527, eff 2-26-14
Env-A 4104.10 “Paint”
means any pigmented liquid, liquefiable, or mastic composition designed
for application to a substrate in a thin layer that dries 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.
Source. #10527, eff 2-26-14
Env-A 4104.11 “Paint
clean-up product” means any liquid product labeled
for cleaning oil-based or water-based paint, lacquer, varnish, or related
coatings from items not intended to be painted, including but not limited to
painting equipment, tools, plastics, and metals.
Source. #10527, eff 2-26-14
Env-A 4104.12 “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 multi-purpose solvents, paint clean-up products, products
designed and labeled exclusively to remove graffiti, and hand cleaner products
that claim to remove paints and other related coatings from skin.
Source. #10527, eff 2-26-14
Env-A 4104.13 “Paint thinner” means any liquid product used
for reducing the viscosity of coating compositions or components, that
prominently displays the term “Paint thinner,” “Lacquer thinner,” “Thinner,” or
“Reducer” on the front panel of its packaging.
The term does not include any of the following:
(a)
“Artist’s solvent/thinner”;
(b)
Products that are sold in containers with a capacity of 5 gallons or
more and labeled exclusively for thinning 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; or
(d)
Products that meet both of the following:
(1) The principle display panel of the product
displays, in large font, language that the product is used exclusively for the
thinning of industrial maintenance coatings, zinc-rich primers, or high
temperature coatings; and
(2) 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 can be used for any other purpose except the thinning of
industrial maintenance coatings, zinc-rich primers, or high temperature
coatings.
Source. #10527, eff 2-26-14; ss by #10750, eff
12-19-14
Env-A 4104.14 “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 multi-purpose lubricants that claim
to have penetrating qualities, but are not labeled primarily to loosen bonded
parts.
Source. #10527, eff 2-26-14
Env-A 4104.15 “Person” means “person” as defined in RSA
125-C:2, X, as
reprinted in Appendix C.
Source. #10527, eff 2-26-14
Env-A 4104.16 “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.
The terms includes, but is not limited to, cologne, perfume, aftershave,
and toilet water. The term does not
include fragrance products designed to be used exclusively on non-human
animals, deodorant, medicated products designed primarily to alleviate fungal
or bacterial growth on feet or other areas of the body, mouthwashes, breath
fresheners and deodorizers, products designed exclusively for use on human
genitalia, soaps, shampoos, and products primarily used to clean the human
body, or lotions, moisturizers, powders or other skin care products used
primarily to alleviate skin conditions such as dryness and irritations.
Source. #10527, eff 2-26-14
Env-A 4104.17 “Pesticide”
means “pesticide” as defined in RSA 430:29, XXVI, as reprinted in Appendix C.
Source. #10527, eff 2-26-14
Env-A 4104.18 “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.
Source. #10527, eff 2-26-14
Env-A 4104.19 “Polyolefin
adhesive” means an aerosol adhesive designed to bond polyolefins to
substrates.
Source. #10527, eff 2-26-14
Env-A 4104.20 “Polystyrene
foam adhesive” means an aerosol adhesive designed to bond polystyrene
foam to substrates.
Source. #10527, eff 2-26-14
Env-A 4104.21 “Premixed windshield washer fluid” means any
automotive windshield washer fluid sold in a container with a capacity of
greater than one quart but less than 55 gallons that is not designed to be
diluted prior to use.
Source. #10527, eff 2-26-14
Env-A 4104.22 “Pressurized gas duster” means a pressurized product labeled to remove
dust from a surface that cannot be cleaned with solvents, including but not
limited to photographs, photographic film negatives, and computer keyboards,
solely by means of mass air or gas flow.
The term does not include dusting aid.
Source. #10527, eff 2-26-14
Env-A 4104.23 “Principal
display panel(s)” means “principal display panel(s)” as defined in 40
Source. #10527, eff 2-26-14
Env-A 4104.24 “Product
brand name” means the name of the product exactly as it appears on the principal
display panel of the product.
Source. #10527, eff 2-26-14
Env-A 4104.25 “Product
category” means the category listed in table 4105-1 that best describes the
product and appears on the product’s principal display panel.
Source. #10527, eff 2-26-14
Env-A 4104.26 “Product form” means the form that most
accurately describes the product’s dispensing form including, but not limited
to, aerosol, solid, pump spray, liquid, gel, semi-solid, or other.
Source. #10527, eff 2-26-14
Env-A 4104.27 “Product
line” means a group of products of identical form and function belonging
to the same product category(ies).
Source. #10527, eff 2-26-14
Env-A 4104.28 “Propellant”
means a liquefied or compressed gas that is used to expel a liquid or
any other material from the same self‑pressurized container or from a
separate container. The term includes a
liquefied or compressed gas that is used as a co-solvent.
Source. #10527, eff 2-26-14
Env-A 4104.29 “Pump spray” means “pump spray” as defined in 40
Source. #10527, eff 2-26-14
Env-A 4104.30 “Reactive adhesive” means an adhesive that requires
a hardener or catalyst in order for a bond to occur. The term includes, but is not limited to,
epoxies, urethanes, and silicones.
Source. #10527, eff 2-26-14
Env-A 4104.31 “Removable caulking compound” means a
compound that seals windows or doors for 3- to 6-month intervals and is
designed to be removed.
Source. #10527, eff 2-26-14
Env-A 4104.32 “Non-selective
terrestrial herbicide” means a terrestrial herbicide product that is
toxic to plants without regard to species.
Source. #10527, eff 2-26-14
Env-A 4104.33 “Responsible
party” means:
(a)
If only one individual or legal entity is identified on a product’s
label, the individual or legal entity so identified; or
(b)
If the label lists more than one individual or legal entity, the
individual or legal entity for whom the product was manufactured or distributed,
as noted on the label.
Source. #10527, eff 2-26-14
Env-A 4104.34 “Retailer”
means any person who sells, supplies, or offers consumer products for
sale directly to consumers.
Source. #10527, eff 2-26-14
Env-A 4104.35 “Retail
outlet” means any establishment at which consumer products are sold,
supplied, or offered for sale directly to consumers.
Source. #10527, eff 2-26-14
Env-A 4104.36 “Roll-on
product” means any antiperspirant or deodorant that dispenses active
ingredients by rolling a wetted ball or wetted cylinder on the targeted area.
Source. #10527, eff 2-26-14
Env-A 4104.37 “Rubber/vinyl
protectant” means:
(a)
For products manufactured before January 1, 2015, any product designed
to protect, preserve, or renew vinyl, rubber, or plastic, or any combination
thereof, on vehicles, tires, luggage, furniture, and household products such as
vinyl covers, clothing, and accessories.
The term does not include products primarily designed to clean wheel
rims, such as aluminum or magnesium wheel cleaners, or tire cleaners that do
not leave an appearance-enhancing or protective substance on the tire;
(b)
For products manufactured on or after January 1, 2015, other than aerosol tire shine products, any product labeled to
protect, preserve, or renew vinyl or rubber on vehicles, tires, luggage,
furniture, or household products such as vinyl covers, clothing, or
accessories. The term does not include products labeled to clean wheel rims,
such as aluminum or magnesium wheel cleaners, tire cleaners that do not leave
an appearance-enhancing or protective substance on the tire, pigmented products
designed or labeled to be used primarily for coloring, products used for
construction, reconstruction, modification, structural maintenance or repair of
rubber or vinyl substrates, or products, other than those labeled to be used on
vehicle tires, that qualify as either clear coating or
vinyl/fabric/leather/polycarbonate coating; and
(c) For products manufactured on or after January 1, 2016, “rubber/vinyl protectant” as
defined in (b), above, with the addition of aerosol tire shine products.
Source. #10527, eff 2-26-14
Env-A 4104.38 “Rubbing
alcohol” means any product containing isopropyl alcohol, also called
isopropanol, or denatured ethanol and labeled for topical uses such as to
decrease germs in minor cuts and scrapes, to relieve minor muscle aches, as a
rubefacient, and for massage.
Source. #10527, eff 2-26-14
Env-A 4104.39 “S-coded fabric” means an upholstery fabric
designed to be cleaned only with water-free spot cleaning products as specified
by the Joint Industry Fabric Standards Committee.
Source. #10527, eff 2-26-14
Env-A 4104.40 “Sanitizer” means a product that is labeled
as a “sanitizer” or that is labeled to reduce, but not necessarily eliminate,
microorganisms in the air, on surfaces, or on inanimate objects, and whose
label is registered as a “sanitizer” under FIFRA. The term does not include:
(a) Products labeled as both a “sanitizer” and a
“disinfectant”;
(b) Disinfectants;
(c) Products labeled solely for use on humans or
animals;
(d) Products labeled solely for agricultural use;
(e) Products labeled solely for use in swimming,
therapeutic tubs, or hot tubs;
(f) Products labeled to be used on heat
-sensitive critical or semi-critical medical devices or medical equipment
surfaces;
(g)
Pre-moistened wipes or towelettes sold exclusively to medical, convalescent, or
veterinary establishments;
(h) Products labeled to be applied to food-contact
surfaces that are not required to be rinsed prior to contact with food; or
(i) Products labeled as bathroom and tile
cleaners, glass cleaners, general purpose cleaners, toilet/urinal care
products, metal polishers, carpet cleaners, or fabric refreshers regardless of
any sanitizing or anti-microbial claims on the label.
Source. #10527, eff 2-26-14; ss by #10750, eff
12-19-14
Env-A 4104.41 “Sealant
and caulking compound” means any product with adhesive properties that
is designed to fill, seal, waterproof, or weatherproof gaps or joints between 2
surfaces. The term does not include any
of the following:
(a)
Clear, paintable, and water resistant caulking compounds;
(b)
Floor seam sealers;
(c)
Insulating foams;
(d)
Products designed exclusively for automotive uses;
(e)
Removable caulking compounds;
(f)
Roof cements and roof sealants;
(g)
Sealers applied as continuous coatings; or
(h) Units of product, less packaging, that weigh
more than one pound and consist of more than 16 fluid ounces.
Source. #10527, eff 2-26-14
Env-A 4104.42 “Semisolid”
means a product that, at room temperature, will not pour, but will spread or
deform easily, including gels, pastes, and greases.
Source. #10527, eff 2-26-14
Env-A 4104.43 “Shaving
cream” means “shaving cream” as defined in 40
Source. #10527, eff 2-26-14
Env-A
4104.44 “Shaving gel” means an aerosol
product that dispenses a gel which transforms into a foam when rubbed onto the
skin and is 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.
Source. #10527, eff 2-26-14
Env-A
4104.45 “Silicone-based multi-purpose
lubricant” means any lubricant that is designed and labeled to reduce
friction primarily through the use of silicone compounds including but not
limited to polydimethylsiloxane, and that is designed and labeled 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.
Source. #10527, eff 2-26-14
Env-A 4104.46 “Single-phase
aerosol air freshener” means “single-phase aerosol air freshener” as
defined in 40
Source. #10527, eff 2-26-14
Env-A 4104.47 “Solid”
means a substance or mixture of substances that, whether whole or subdivided
into particles, such as those comprising a powder, is not capable of visually
detectable flow using the method in
Source. #10527, eff 2-26-14
Env-A 4104.48 “Special
purpose spray adhesive” means an aerosol adhesive that is any of the
following:
(a) Automotive engine compartment adhesive;
(b) Automotive headliner adhesive;
(c) Flexible vinyl adhesive;
(d)
High pressure laminate;
(e)
Laminate repair or edgebonding
adhesive;
(f)
Mounting adhesive;
(g) Polyolefin adhesive; or
(h) Polystyrene
foam adhesive.
Source. #10527, eff 2-26-14
Env-A 4104.49 “Specialty adhesive remover” means a product
designed to remove reactive adhesives from a variety of substrates. The term does not include gasket or thread
locking adhesive remover.
Source. #10527, eff 2-26-14
Env-A 4104.50 “Spot
remover” means a product designed to clean localized areas or to remove
localized spots or stains from cloth or fabric such as drapes, carpets,
upholstery, and clothing, that does not require subsequent laundering to
achieve stain removal. The term does not
include dry cleaning fluid, laundry prewash, carpet and upholstery cleaner, or multi-purpose
solvent.
Source. #10527, eff 2-26-14
Env-A 4104.51 “Spray
buff product” means “spray buff product” as defined in 40
Source. #10527, eff 2-26-14
Env-A 4104.52 “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 targeted area.
Source. #10527, eff 2-26-14; ss by #10750, eff
12-19-14
Env-A 4104.53 “Structural
pest control” means a pesticide use requiring a license or registration
as specified in Pes 100 through Pes
1100.
Source. #10527, eff 2-26-14
Env-A 4104.54 “Structural waterproof adhesive” means
“structural waterproof adhesive” as defined in 40 CFR §59.202, as reprinted in
Appendix D.
Source. #10527, eff 2-26-14; ss by #10750, eff
12-19-14
Env-A
4104.55 “Styling” means forming,
sculpting, or manipulating hair to temporarily alter the overall shape of the
hair.
Source. #10527, eff 2-26-14
Env-A 4104.56 “Table
B compound” means any carbon-containing compound listed as an exception
to the definition of VOC in 40
Source. #10527, eff 2-26-14
Env-A
4104.57 “Temporary hair color” means any
product that applies color, glitter, or UV-active pigments to hair, wigs, or
fur and is removable when washed. The
term includes hair color mousses and products labeled to add texture or
thickness to cover thinning or balding areas.
The term does not include hair spray, hair styling product, or hair
mousse.
Source. #10527, eff 2-26-14; ss by #10750, eff
12-19-14
Env-A 4104.58 “Terrestrial”
means to live on or grow from land.
Source. #10527, eff 2-26-14
Env-A 4104.59 “Tire
sealant and inflation” means any pressurized product that is designed to
temporarily inflate and seal a leaking tire.
Source. #10527, eff 2-26-14
Env-A
4104.60 “Toilet/urinal care product”
means any product designed or labeled to clean, deodorize, or clean and
deodorize toilet bowls, toilet tanks, or urinals, whether such fixtures are
connected to permanent plumbing in buildings and other structures, in portable
housing placed at temporary or remote locations, or in vehicles such as buses,
recreational motor homes, boats, ships, and aircraft. The term does not include bathroom and tile
cleaner or general purpose cleaner.
Source. #10527, eff 2-26-14
Env-A 4104.61 “Type
A propellant” means a compressed gas, such as carbon dioxide (CO2),
nitrogen (N2), nitrous oxide (N2O), or compressed air,
that is used as a propellant, that is either incorporated into the product or
contained in a separate chamber within the product’s packaging.
Source. #10527, eff 2-26-14
Env-A 4104.62 “Type
B propellant” means any halocarbon that is used as a propellant,
including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and
hydrofluorocarbons (HFCs).
Source. #10527, eff 2-26-14
Env-A 4104.63 “Type
C propellant” means any propellant that is not a Type A or Type B
propellant, including propane, isobutane, n-butane, and dimethyl ether, also
known as dimethyl oxide.
Source. #10527, eff 2-26-14
Env-A 4104.64 “Undercoating”
means any aerosol product designed to impart a protective, non-paint
layer to the undercarriage, trunk interior, or firewall of a motor vehicle to
prevent the formation of rust or to deaden sound. The term includes, but is not limited to,
rubberized, mastic, and asphaltic products.
Source. #10527, eff 2-26-14
Env-A 4104.65 “Usage
directions” means “usage directions” as defined in 40
Source. #10527, eff 2-26-14
Env-A
4104.66
“Vinyl/fabric/leather/polycarbonate coating” means a coating designed
and labeled exclusively to coat vinyl, fabric, leather, or polycarbonate
substrates.
Source. #10527, eff 2-26-14
Env-A 4104.67 “Volatile
organic compound (VOC)” means any compound of carbon, excluding carbon
monoxide, carbon dioxide, carbonic acid, metallic carbonates, metallic
carbides, and ammonium carbonate, that participates in atmospheric
photochemical reactions. The term does not include
any organic compound that the administrator of the EPA designates in 40
Source. #10527, eff 2-26-14
Env-A 4104.68 “Wasp
and hornet insecticide” means “wasp and hornet insecticide” as defined
in 40
Source. #10527, eff 2-26-14
Env-A 4104.69 “Waterproofer”
means a product designed and labeled exclusively to repel water from fabric or
leather substrates. The term does not
include fabric protectants.
Source. #10527, eff 2-26-14
Env-A 4104.70 “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 or plastics, including, but 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.
Source. #10527, eff 2-26-14
Env-A 4104.71 “Web
spray adhesive” means any aerosol adhesive that is not a mist spray or
special purpose spray adhesive.
Source. #10527, eff 2-26-14
Env-A
4104.72 “Wood cleaner” means a product
labeled to clean wooden materials including but not limited to decking, fences,
flooring, logs, cabinetry, and furniture.
The term does not include dusting aid, general purpose cleaner,
furniture maintenance product, floor wax stripper, floor polish or wax, or any
product designed and labeled exclusively to preserve or color wood.
Source. #10527, eff 2-26-14
Env-A 4104.73 “Wood floor wax” means “wood floor wax” as defined
in 40 CFR §59.202, as reprinted in Appendix D.
Source. #10527, eff 2-26-14; ss by #10750, eff
12-19-14
Env-A
4104.74 “Zinc-rich primer” means a
coating that:
(a) Contains at least 65 percent metallic zinc
powder or zinc dust by weight of total solids;
(b) Is designed for application to metal
substrates to provide a firm bond between the substrate and subsequent
applications of coatings; and
(c) Is designed for professional use only, as
indicated by its label, for example with a phrase such as “For professional use
only,” “For industrial use only,” “Not for residential use,” or “Not intended
for residential use.”
Source. #10527, eff 2-26-14
PART Env-A 4105 STANDARDS
Env-A 4105.01 Standards.
(a)
Except as provided in Env-A 200, Env-A 4101.04, Env-A 4105.02, Env-A
4105.03, or Env-A 4109, no person shall sell, supply, or offer for sale in New
Hampshire any consumer product manufactured on or after the applicable date
specified in table 4105-1, and no person shall manufacture any consumer product
for sale in New Hampshire on or after the applicable date specified in table
4105-1, that contains VOCs in excess of the limits specified in table 4105-1,
below, subject to the notes in (b), below:
Table 4105-1: VOC Limits for Consumer Products
Product Category |
Percent VOCs by
Weight |
||
Manufactured on or
after 1/1/2007 |
Manufactured on or
after 1/1/2015 |
Manufactured on or after
1/1/2017 |
|
Adhesive Removers |
|
|
|
Floor or Wall Covering |
|
5 |
|
Gasket or Thread Locking |
|
50 |
|
General Purpose |
|
20 |
|
Specialty |
|
70 |
|
Adhesives |
|
|
|
Aerosol: |
|
|
|
Mist Spray |
65 |
|
|
Web Spray |
55 |
|
|
Special Purpose Spray Adhesives: |
|
|
|
Mounting,
Automotive Engine Compartment, and Flexible Vinyl |
70 |
|
|
Polystyrene Foam and
Automotive Headliner |
65 |
|
|
Polyolefin and
Laminate Repair / Edgebanding |
60 |
|
|
Contact: |
|
|
|
Contact General Purpose |
80 A |
55 |
|
Contact Special Purpose |
N/A |
80 |
|
Construction, Panel, and Floor
Covering |
15 C |
|
7 |
General Purpose |
10 |
|
|
Structural Waterproof |
15 |
|
|
Air Fresheners |
|
|
|
Single-Phase Aerosols |
30 |
|
|
Double-Phase Aerosols |
25 |
|
|
Dual Purpose Air
Freshener/Disinfectant Aerosol |
|
|
60 |
Liquids /Pump Sprays |
18 |
|
|
Solids / Gels |
3 |
|
|
Antiperspirants |
|
|
|
Aerosol |
40 HVOC |
|
|
Non-Aerosol |
0 HVOC |
|
|
Anti-static Product |
|
|
|
Aerosol |
|
|
80 |
Non-Aerosol |
|
11 |
|
Automotive Brake
Cleaner |
45 |
|
|
Automotive Rubbing
or Polishing Compound |
17 |
|
|
Automotive Wax, Polish, Sealant, or Glaze |
|
|
|
Hard
Paste Waxes |
45 |
|
|
Instant Detailers |
3 |
|
|
All Other Forms |
15 |
|
|
Automotive
Windshield Cleaner |
|
|
35 |
Automotive
Windshield Washer Fluids |
35 |
|
|
Bathroom and Tile
Cleaners |
|
|
|
Aerosols |
7 |
|
|
All Other Forms |
5 C |
|
N/A |
Non-Aerosol |
|
|
1 |
Brake Cleaner |
|
|
10 |
Bug and Tar Remover |
40 |
|
|
Carburetor or Fuel-Injection Air Intake
Cleaners |
45 C |
|
10 |
Carpet and
Upholstery Cleaners |
|
|
|
Aerosols |
7 |
|
|
Non-Aerosols (Dilutables) |
0.1 |
|
|
Non-Aerosols (Ready-to-Use) |
3.0 |
|
|
Charcoal lighter
materials |
See Env-A 4105.08 |
|
|
Cooking Spray |
|
|
|
Aerosols |
18 |
|
|
Deodorants |
|
|
|
Aerosol |
0 HVOC |
|
|
Non-Aerosol |
0 HVOC |
|
|
Disinfectant |
|
|
|
Aerosols |
|
|
70 |
Non-Aerosols |
|
|
1 |
Dusting Aids |
|
|
|
Aerosols |
25 |
|
|
All Other Forms |
7 |
|
|
Electrical Cleaner |
|
45 |
|
Electronic Cleaner |
|
75 |
|
Engine Degreasers |
|
|
|
Aerosol |
35C |
|
10 |
Non-Aerosol |
5 |
|
|
Fabric Protectants |
60 |
|
|
Fabric Fresheners |
|
|
|
Aerosols |
|
15 |
|
Non-Aerosols |
|
6 |
|
Footwear or Leather
Care Products |
|
|
|
Aerosol |
|
75 |
|
Solid |
|
55 |
|
Other forms |
|
15 |
|
Floor Polishes /
Waxes |
|
|
|
Products for Flexible Flooring
Materials |
7 C |
|
1 |
Products for Nonresilient Flooring |
10 C |
|
1 |
Wood Floor Wax |
90 |
|
|
Floor Wax Strippers |
|
|
|
Non-Aerosol |
See Env-A 4105.06 |
|
|
Furniture
Maintenance Products |
|
|
|
Aerosols |
17 |
|
|
All Other Forms Except Solid or
Paste |
7 C |
|
N/A |
Non-Aerosol Except Solid or Paste |
|
|
3 |
General Purpose
Cleaners |
|
|
|
Aerosols |
10 C |
|
8 |
Non-Aerosols |
4 |
|
|
General Purpose
Degreasers |
|
|
|
Aerosols |
50 C |
|
10 |
Non-Aerosols |
4 |
|
|
Glass Cleaners |
|
|
|
Aerosols |
12 |
|
|
Non-Aerosols |
4 |
|
|
Graffiti Remover |
|
|
|
Aerosols |
|
50 |
|
Non-Aerosols |
|
30 |
|
Hair Mousses |
6 |
|
|
Hair shines |
55 |
|
|
Hairsprays |
55 |
|
|
Hair Styling Gels |
6 |
|
|
Hair Styling
Products |
|
|
|
Aerosols and Pump Sprays |
|
6 |
|
All other forms |
|
2 |
|
Heavy-Duty Hand
Cleaner or Soap |
8 |
|
|
Insecticides |
|
|
|
Crawling Bug - Aerosol |
15 |
|
|
Crawling Bug - all other forms |
20 |
|
|
Flea and Tick |
25 |
|
|
Flying Bug - Aerosol |
25 |
|
|
Flying Bug - all other forms |
35 |
|
|
Foggers |
45 |
|
|
Lawn and Garden - all other forms |
20 |
|
|
Lawn and Garden - Non-Aerosol |
3 |
|
|
Wasp and Hornet |
40 |
|
|
Laundry Prewash |
|
|
|
Aerosols and Solids |
22 |
|
|
All Other Forms |
5 |
|
|
Laundry Starch /
Sizing / Fabric Finish Product |
5 C |
|
4.5 |
Metal Polishes /
Cleansers |
30 |
|
|
Multi-Purpose
Lubricant (Excluding Solid or Semi-Solid Products) |
50 |
|
|
Multi-Purpose
Solvent |
|
|
3 |
Nail Polish Remover |
75C |
|
1 |
Non-Selective
Terrestrial Herbicide |
|
|
|
Non-Aerosols |
3 |
|
|
Oven or Grill
Cleaners |
|
|
|
Aerosols / Pump Sprays |
8 |
|
|
Liquids |
5 C |
|
N/A |
Non-Aerosols |
|
|
4 |
Paint Remover or
Strippers |
50 |
|
|
Paint Thinner |
|
|
3 |
Penetrants |
50 |
|
|
Rubber/Vinyl
Protectants |
|
|
|
Non-Aerosols |
3 |
|
|
Aerosols B |
10 |
|
|
Sanitizer |
|
|
|
Aerosol |
|
|
70 |
Non-Aerosol |
|
|
1 |
Sealants and
Caulking Compounds |
4 |
|
|
Shaving Creams |
5 |
|
|
Shaving Gel |
|
7 |
4 |
Silicone-Based
Multi-Purpose Lubricants, excluding Solid or Semi-Solid Products |
60 |
|
|
Spot Removers |
|
|
|
Aerosols |
25 |
|
|
Non-Aerosols |
8 |
|
|
Temporary Hair Color |
|
|
|
Aerosol |
|
|
55 |
Tire Sealants and
Inflators |
20 |
|
|
Undercoatings, Aerosols |
40 |
|
|
Wood Cleaner |
|
|
|
Aerosol |
|
17 |
|
Non-Aerosol |
|
4 |
|
(b)
The notes for Table 4105-1 shall be as follows:
(1) “A” means that the specified standard no longer
applies after December 31, 2014 because a revised VOC standard takes effect
January 1, 2015;
(2) “B” means that the VOC standard for
rubber/vinyl protectant aerosols applies to aerosol tire shine products in this
category beginning January 1, 2016; and
(3) "C" means that the specified
standard no longer applies after December 31, 2016 because a revised VOC
standard takes effect January 1, 2017.
(c)
No person shall sell, supply, offer for sale, or manufacture for sale in
New Hampshire on or after January 1, 2007, any antiperspirant or deodorant that
contains any compound listed in table
4105-2, below:
Table 4105-2: Prohibited Compounds in Antiperspirant or
Deodorant
Prohibited Compounds |
Benzene |
Ethylene Dibromide |
Ethylene Dichloride |
Hexavalent Chromium |
Asbestos |
Dibenzo-p-dioxins
and dibenzofurans chlorinated in the 2,3,7 and 8 positions and containing
4,5,6 or 7 chlorine atoms |
Cadmium (metallic
cadmium and cadmium compounds) |
Carbon Tetrachloride |
Trichloroethylene |
Chloroform |
Vinyl Chloride |
Inorganic Arsenic |
Nickel (metallic
nickel and inorganic nickel compounds) |
Perchloroethylene |
Formaldehyde |
1,3-Butadiene |
Inorganic Lead |
(d)
No person shall sell, supply, offer for sale, or manufacture for sale in
New Hampshire on or after January 1, 2015, any antiperspirant or deodorant that
contains ethylene oxide or methylene chloride.
Source. #8439, eff 9-24-05; ss by #10527, eff 2-26-14
(from Env-A 4103.01); ss by #10750, eff 12-19-14
Env-A 4105.02 Product Sell-Through. Any
consumer product manufactured prior to the
applicable date specified in table 4105-1, as indicated by a date code on the
product container or label, may be sold, supplied, or offered for sale after
the specified date.
Source. #8439, eff 9-24-05; ss by #10527, eff 2-26-14
(from Env-A 4103.03)
Env-A
4105.03 Products registered under
FIFRA. For any consumer product that
is registered under FIFRA, the VOC standards specified in table 4105-1 shall
apply one year after the specified date.
Source. #8439, eff 9-24-05; ss by #10527, eff 2-26-14
(from Env-A 4103.03)
Env-A
4105.04 Diluted Products.
(a) For any consumer product for which the label,
packaging, or accompanying literature specifically states that the product
should be diluted with water or non-VOC solvent prior to use, the limits
specified in table 4105-1 shall apply to the product only after the minimum
recommended dilution has taken place.
(b) For purposes of (a), above, the minimum
recommended dilution shall not include recommendations for incidental use of a
concentrated product to deal with limited special applications such as
hard-to-remove soils or stains.
(c) For any consumer product for which the label,
packaging, or accompanying literature states that the product should be diluted
with a VOC solvent prior to use, the limits specified in table 4105-1 shall
apply to the product only after the maximum recommended dilution has taken
place.
(d) This section shall not apply to premixed
windshield washer fluid.
Source. #10527, eff 2-26-14 (from Env-A 4103.02)
Env-A
4105.05 Requirements for Aerosol Adhesives.
(a) The standards for aerosol adhesives shall
apply to all uses of aerosol adhesives, including consumer, industrial, and commercial
uses.
(b) Except as otherwise provided in Env-A 4101.04
or Env-A 4105.02, no person shall sell, supply, offer for sale, use or
manufacture for sale in New Hampshire on or after the applicable date specified
in table 4105-1 any aerosol adhesive that, at the time of sale, use, or
manufacture, contains VOCs in excess of the specified standard.
(c) A product that is within the definition of
special purpose spray adhesive in Env-A 4104.48 whose label indicates that the
product is suitable for use on any substrate or application not listed in Env-A
4104.48 shall be classified as:
(1) A mist
spray adhesive, if it meets the definition of mist spray adhesive in Env-A 4104
other than as relates to a special purpose spray adhesive; or
(2) A web spray
adhesive, if it does not otherwise meet the definition of mist spray adhesive.
(d) A product that is within more than one of the
categories listed in Env-A 4104.48 and is not classified as a mist spray
adhesive or web spray adhesive under (c), above, shall comply with the lowest
VOC limit specified in table 4105-1 for special purpose spray adhesives.
(e) No person shall sell, supply, offer for sale,
or manufacture for use in New Hampshire any aerosol adhesive that contains
methylene chloride, perchloroethylene, or trichloroethylene on or after the
applicable effective date specified in table 4105-1.
(f) All aerosol adhesives shall comply with the
labeling requirements specified in Env-A 4106.03.
Source. #10527, eff 2-26-14 (from Env-A 4103.04)
Env-A
4105.06 Requirements for Floor Wax Strippers. No person shall sell, supply, offer for sale,
or manufacture for use in
(a) The label of each non-aerosol floor wax
stripper shall specify a dilution ratio for light or medium build-up of polish
that results in an as-used VOC concentration of 3% by weight or less;
(b) If a non-aerosol floor wax stripper is also
intended to be used for removal of heavy build-up of polish, the label of that
floor wax stripper shall specify a dilution ratio for heavy build-up of polish
that results in an as-used VOC concentration of 12% by weight or less; and
(c) Terminology describing the amount of polish
build-up the non-aerosol floor wax stripper is intended to remove, such as
light, medium, or heavy, shall be displayed on the label.
Source. #10527, eff 2-26-14 (from Env-A 4103.05)
Env-A
4105.07 Products Containing Ozone-Depleting Compounds.
(a) Subject to (b) and (c), below, no consumer
product for which a standard is specified in table 4105-1 shall be sold,
supplied, offered for sale, or manufactured for sale in New Hampshire if it
contains any of the following ozone-depleting compounds:
(1)
Trichlorofluoromethane (CFC‑11);
(2)
Dichlorodifluoromethane (CFC‑12);
(3)
1,1,1-trichloro-2,2,2-trifluoroethane (CFC-113);
(4)
1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane (CFC‑114);
(5)
Chloropentafluoroethane (CFC-115);
(6)
Bromochlorodifluoromethane (Halon 1211);
(7)
Bromotrifluoromethane (Halon 1301);
(8)
Dibromotetrafluoroethane (Halon 2402);
(9) Chlorodifluoromethane
(
(10)
2,2-dichloro-1,1,1-trifluoroethane (
(11)
2-chloro-1,1,1,2-tetrafluoroethane (
(12)
1,1-dichloro-1-fluoroethane (
(13)
1-chloro-1,1-difluoroethane (
(14) 1,1,1-trichloroethane;
and
(15) Carbon
tetrachloride.
(b) The prohibition in (a), above, shall not
apply to any existing product formulation that complies with table 4105-1 or
any existing product formulation that is reformulated to meet table 4105-1,
provided the ozone-depleting compound content of the reformulated product does
not increase.
(c) The prohibition in (a), above, shall not
apply to any ozone depleting compounds that may be present as impurities in a
consumer product in an amount equal to or less than 0.01% by weight of the
product.
Source. #10527, eff 2-26-14 (from Env-A 4103.06)
Env-A
4105.08 Requirements for Charcoal
Lighter Material.
(a) No person shall sell, supply, or offer for
sale on or after January 1, 2007 any charcoal lighter material product unless
at the time of the transaction:
(1) The
manufacturer has been issued a currently effective certification by CARB or an
air pollution agency of another state and EPA; and
(2) The product
usage directions provided on the label, packaging, or accompanying literature
are the same as those on which the certification is based.
(b) In an investigation or for an inspection by the
department, a manufacturer claiming to have
a certification as specified in (a)(1), above, shall submit to the department
upon request a copy of the certification decision, including all conditions
applicable to the certification established by the issuing air pollution
agency.
Source. #10527, eff 2-26-14 (from Env-A 4103.07)
Env-A 4105.09 Requirements
for Paint Thinner and Multipurpose Solvents.
(a)
Except as provided in (b) through (d), below, starting on January 1,
2015 no person shall sell, supply, offer for sale, or manufacture for use in
New Hampshire any multi-purpose solvent or paint thinner that contains any of
the following:
(1) Methylene
chloride, perchloroethylene, or trichloroethylene; or
(2) Greater
than one percent aromatic compound content by weight.
(b)
Multi-purpose solvents and paint thinners that contain methylene
chloride, perchloroethylene, or trichloroethylene, or greater than one percent
aromatic compound content by weight, that are manufactured before January 1,
2015 may be sold, supplied, or offered for sale until January 1, 2018, so long
as the product complies with the product dating requirements specified in Env-A
4106.01.
(c)
Any person who sells or supplies a consumer product identified in this
section shall notify the purchaser of the product in writing that the sell
-through period for that product will end on January 1, 2018 if both of the
following conditions are met:
(1) The
product is sold or supplied to a distributor or retailer; and
(2) The
product is sold or supplied on or after June 30, 2017.
(d)
The requirements of (a), (b), and (c) above shall not apply to any
multi-purpose solvent or paint thinner that contains any methylene chloride,
perchloroethylene, or trichloroethylene that is present as an impurity in a
combined amount equal to or less than 0.01 percent by weight.
Source. #10527, eff 2-26-14
Env-A 4105.10 Additional Requirements for Paint Thinner
and Multi-Purpose Solvents.
(a) Subject to (b), below, no person
shall sell, supply, offer for sale, or manufacture for use in New Hampshire any
flammable or extremely flammable multipurpose solvent or paint thinner named,
on the principle display panel as “Paint Thinner,” “Multi-purpose Solvent,”
“Clean-up Solvent,” or “Paint Clean-up.”
(b)
The prohibition in (a), above, shall not apply to a product that meets
any of the following criteria:
(1) Products that
include an attached hang tag, sticker, or contrasting square or
rectangular area on the principle
display panel that displays, at a minimum, the
following statements in large font, a signal word such as “DANGER,”
“WARNING,” or “CAUTION”, as specified in 16
(2) Products labeled “Formulated to meet California
VOC limits; see warnings on label;” or
(3) The principle display panel displays, in
large font, the common name of the chemical compound that results in the
product meeting the criteria for flammable or extremely flammable, such as
acetone or methyl acetate.
(c)
For purposes of this section, a product is flammable or extremely
flammable if it:
(1) Is labeled
as “Flammable” or “Extremely Flammable” on the product container; or
(2) Meets
the criteria for these terms specified in 16
Source. #10527, eff 2-26-14
PART Env-A 4106 ADMINISTRATIVE REQUIREMENTS
Env-A
4106.01 Date Coding.
(a) Each manufacturer of a consumer product
subject to Env-A 4105 shall clearly display on each consumer product container
or package:
(1) The day,
month, and year on which the product was manufactured; or
(2) A code
indicating such date.
(b) The date or date code shall be located on the
container or inside the cover or cap so that it is readily observable or
obtainable by simply removing the cap or cover without disassembling any part
of the container or packaging.
(c) The date or date code shall be displayed on
each consumer product container or package no later than:
(1) January 1,
2007, for consumer products registered under FIFRA; and
(2) January 1,
2006 for all other consumer products.
(d) No person who sells, supplies, offers for
sale, or manufactures consumer products for use in
(e) If a manufacturer uses a date code to
indicate the date of manufacture, an explanation of the code shall be filed
with the department no later than:
(1) January 1,
2007, for consumer products registered under FIFRA; and
(2) January 1,
2006 for all other consumer products.
Source. #8439, eff 9-24-05; ss by #10527, eff
2-26-14b (from Env-A 4104.04)
Env-A 4106.02 Most
Restrictive Limit.
(a) Notwithstanding the definition of “product category”
in Env-A 4104, if anywhere on the principal display panel of any consumer
product 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 limit is
specified in table 4105-1, then the lower VOC limit shall apply.
(b) 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.
(c) The requirement in (a) through (c), above,
shall not apply to general purpose cleaners, antiperspirants, deodorants, or
insecticide foggers.
(d) 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.
Source. #10527, eff 2-26-14 (from Env-A 4104.02)
Env-A
4106.03 Additional
Labeling Requirements for Aerosol Adhesives, Adhesive Removers, Contact Adhesives, Electronic Cleaners,
Electrical Cleaners, and Energized Electrical Cleaners.
(a) In addition to the requirements specified in
Env-A 4106.01, Env-A 4106.02, and Env-A 4107, each aerosol adhesive, adhesive
remover, contact adhesive, electronic cleaner, electrical cleaner, and
energized electrical cleaner product subject to this chapter shall clearly
display the following information on the container of each product manufactured
on or after the applicable effective date for the category specified in table
4105-1:
(1) The product
category as specified in table 4105-1 or an abbreviation of the category;
(2) The
applicable VOC standard for the product that is specified in table 4105-1,
expressed as a percentage by weight; and
(3) If the
product is classified as a special purpose spray adhesive, the applicable
substrate, application, or an abbreviation of the substrate or application that
qualifies the product as special purpose.
(b) If the manufacturer or responsible party uses
an abbreviation as allowed by (a)(1) or (a)(3), above, an explanation of the
abbreviation shall be filed with the department before the abbreviation is
used.
(c) The date code information required by Env-A
4106.01 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 including, but not limited to, information displayed on
the bottom of a container as long as it is clearly legible without removing any
product packaging.
(d) No person who sells, supplies, offers for
sale, or manufactures consumer products for use in New Hampshire shall remove,
alter, conceal, or deface the information required in (a), above, prior to
final sale of the product.
Source. #10527, eff 2-26-14
PART Env-A 4107
REPORTING
Env-A
4107.01 Reporting Requirements.
(a) During an investigation or for an inspection
by the department, a responsible party shall submit to the department, upon
request, any of the following information specified by the department:
(1) The name,
address, and telephone number of the responsible party and the name and
telephone number of the party's designated contact person;
(2) Any claim
of confidentiality made pursuant to Env-A 103;
(3) For each
product subject to Env-A 4105:
a. The product
brand name;
b. The product
label;
c. The product
category to which the consumer product belongs;
d. The applicable
product form(s) listed separately; and
e. An
identification of the product as a household product, institutional product, or
both;
(4) Separate
(5) For
information submitted by multiple companies, an identification of each company
that is submitting relevant data separate from that submitted by the
responsible party, provided that all information from all companies shall be
submitted by the date specified in this section;
(6) For each
product brand name and form, the net percent by weight of the total product,
less container and packaging, comprised of the following, rounded to the
nearest one‑tenth of a percent (0.1%):
a. Total table
B compounds;
b. Total
LVP-VOCs that are not fragrances;
c. Total all
other carbon-containing compounds that are not fragrances;
d. Total all
non-carbon-containing compounds;
e. Total
fragrance;
f. For products
containing greater than 2% by weight fragrance:
i. The percent
of fragrance that are LVP-VOCs; and
ii. The percent
of fragrance that are all other carbon-containing compounds; and
g. Total
paradichlorobenzene;
(7) For each
product brand name and form, the identity, including the specific chemical name
and associated Chemical Abstract Services (
a. Each table B
compound; and
b. Each LVP-VOC
that is not a fragrance; and
(8) If the
product includes a propellant, the following:
a. The weight
percent comprised of propellant for each product; and
b. An
identification of the type of propellant, such as Type A, Type B, Type C, or a
blend of the different types.
(b) In addition to the requirements of (a)(7),
above, the responsible party shall report or shall arrange to have reported to
the department, the net percent by weight of each ozone‑depleting
compound which is:
(1) Listed in
Env-A 4105.07(a); and
(2) Contained
in a product subject to registration under (a), above, in any amount greater
than 0.1% by weight.
(c) All confidential information submitted by
responsible parties pursuant to this section shall be handled in accordance
with the procedures specified in Env-A
103.
Source. #8439, eff 9-24-05; ss by #10527, eff 2-26-14
(from Env-A 4105.01)
Env-A 4107.02 Special Recordkeeping Requirements for
Consumer Products that Contain Perchloroethylene or Methylene Chloride.
(a)
The requirements of this section shall apply to all responsible parties
for consumer products that are subject to table 4105-1 and energized electrical
cleaners that contain 1.0% or more by weight, exclusive of the container or
packaging, of perchloroethylene or methylene chloride.
(b)
For each consumer product that contains perchloroethylene or methylene
chloride, the responsible party shall report the following information for
products sold in
(1) The product brand name and a copy of the
product label with legible usage instructions;
(2) The product category to which the consumer
product belongs;
(3) The applicable product form(s) listed
separately;
(4) For each product form listed in (3), above,
the total sales in New Hampshire during the calendar year, to the nearest
pound, exclusive of the container or packaging, and the method used for
calculating the New Hampshire sales; and
(5) The weight percent, to the nearest 0.1%, of
perchloroethylene and methylene chloride in the consumer product.
Source. #10527, eff 2-26-14 (from Env-A 4105.02)
Env-A 4107.03 Calculating
Source. #10527, eff 2-26-14 (from Env-A 4105.03)
PART Env-A 4108 COMPLIANCE DEMONSTRATIONS
Env-A 4108.01 Methods of Demonstrating Compliance. Compliance with the requirements of this
chapter shall be demonstrated by:
(a)
Testing the product as specified in Env-A 4108.02(a); or
(b)
Calculating the VOC content of the product as specified in Env-A
4108.04, based on the records required by Env-A 4108.03.
Source. #10527, eff 2-26-14
Env-A 4108.02 Test Methods.
(a)
Unless otherwise specified in (b) through (d), below, testing to
determine compliance with the requirements of this chapter shall be performed
using CARB Method 310,
Determination of Volatile Organic Compounds (VOC) in Consumer Products, as
amended on September 11, 2011, available as noted in Appendix A.
(b)
Testing to determine whether a product is a liquid or solid shall be
performed using
(c)
Testing to determine compliance with the certification requirements for
charcoal lighter material shall be performed using the procedures specified in
the South Coast Air Quality Management District (SCAQMD) Test Protocol Rule 1174 Ignition Method Compliance Certification
Protocol dated October 5, 1990, available as noted in Appendix A.
(d)
Testing to determine distillation points of petroleum distillate‑based
charcoal lighter materials shall be performed using
Source. #10527, eff 2-26-14
Env-A 4108.03 Records Required for Calculating VOC
Content.
(a)
In order to demonstrate compliance by calculating the VOC content, the
product manufacturer shall maintain accurate manufacturing records for each day
of production of the product, as described in (b), below.
(b)
The manufacturing records shall:
(1) Document the chemical composition of the
individual product constituents and the amount of each constituent used; and
(2) Be retained for not less than 3 years.
(c)
No person shall create, alter, falsify, or otherwise modify records in
such a way that the records do not accurately reflect the constituents used to
manufacture a product, the chemical composition of the individual product, and
any other test, processes, or records used in connection with product
manufacture.
Source. #10527, eff 2-26-14
Env-A 4108.04 Calculating VOC Content.
(a) For
purposes of the calculation described in (b), below, the following shall apply:
(1) “A” means the
total weight of a unit of product, excluding container and packaging ;
(2) “B” means the total weight of all VOCs per
unit of product; and
(3) “C” means the total weight of all exempted
VOCs per unit of product.
(b) VOC content shall be calculated by subtracting
the total weight of VOCs exempted under Env-A 4101.04 per unit of product from
the total weight of all VOCs per unit of product, dividing the resultant figure
by the total weight of unit excluding container and packaging, and multiplying
the result by 100, as shown in the formula below:
VOC Content = { (
B - C ) / A } x 100
Source. #10527, eff 2-26-14
Env-A 4108.05 Resolution of Conflict Between Testing and
Calculation. If calculations based
on product records appear to demonstrate compliance with applicable VOC limits
but the results are contradicted by product testing performed using CARB Method 310, the results of CARB Method 310 shall take precedence
over the product records.
Source. #10527, eff 2-26-14
PART Env-A 4109 INNOVATIVE PRODUCTS; ALTERNATIVE COMPLIANCE
PLANS
Env-A 4109.01 Exemptions Recognized.
(a)
Any manufacturer of a consumer product that has been granted an
innovative products exemption or alternative compliance plan by CARB or the air
pollution agency of another state and
EPA shall be exempt from table 4105-1 in Env-A 4105.01(a) for the period
of time that the innovative products exemption or alternative compliance plan
remains in effect, provided that:
(1) Each consumer product used for emission
credits is subject to a limit specified in table 4105-1 in Env-A 4105.01(a);
and
(2) The VOC content limit promulgated for the
consumer product in the innovative products exemption or alternative compliance
plan is equal to or more stringent than the most stringent applicable VOC
content limit in table 4105-1 in Env-A 4105.01(a).
Source. #10527, eff 2-26-14
Env-A 4109.02 Alternative Test Procedures Recognized. A manufacturer of a consumer product that has
received approval from CARB or the air pollution agency of another state and
EPA to use an alternate test procedure may use the alternate test procedure in
lieu of the test method specified in Env-A 4108, provided that the alternate
method accurately determines the VOC concentration in the product or its
emissions.
Source. #10527, eff 2-26-14
Env-A 4109.03 Documentation of Alternate Approval
Required. A manufacturer claiming to
have an exemption or plan as specified in Env-A 4109.01 or an alternate test
method as specified in Env-A 4109.02 shall submit to the department at the time
the claim is made a copy of the exemption decision, plan, or alternate test
method decision, including all conditions applicable to the exemption decision,
plan, or alternate test method decision established by the issuing air
pollution agency.
Source. #10527, eff 2-26-14
Appendix A: Statutes Implemented
Rule Section(s) |
State Statute(s) Implemented |
|
|
Env-A 4100 |
RSA 125-C:6, XVII; RSA 485:16-c |
Env-A 4101-Env-A 4103 |
RSA 125-C:2, V-c; RSA 125-C:6, XVII; RSA 485:16-c |
Env-A 4104-Env-A 4109 |
RSA 125-C:6, XVII; RSA 125-C:4, I-b; RSA 485:16-c |
|
|
Appendix B: Incorporation by Reference Information
Rule |
Title (Date) |
Source |
Env-A 4108.02(a) |
CARB Method 310, Determination of Volatile Organic Compounds (VOC)
in Consumer Products (September 11, 2011) |
Download at no charge from: |
|
|
|
Env-A 4108.02(b) |
|
Purchase for $37 at: |
Env-A 4108.02(d) |
(2012) |
Purchase for $60 at: |
Env-A 4108.02(c) |
South Coast Air Quality Management District (SCAQMD) Test Protocol Rule 1174 Ignition
Method Compliance Certification Protocol (October 5, 1990) |
Download at no charge from: |
Appendix C: Statutory
Definitions
RSA 125-C:2
X. “Person,” any individual,
partnership, firm or co-partnership, association, company, trust, corporation,
department, bureau, agency, private or municipal corporation, or any political
subdivision of the state, the United States or political subdivisions or
agencies thereof, or any other entity recognized by law as subject to rights
and duties.
RSA 430:29
XXVI.
“Pesticide” means:
(a) Any substance or mixture of substances
intended for preventing, destroying, repelling, or mitigating any pest; and
(b) Any chemical or biological agent, or
substance or mixture of substances of such agents, intended to control a pest
or for use as a plant regulator, defoliant, or desiccant.
Appendix D: Federal
Definitions
40
Aerosol
cooking spray means any aerosol
product designed either to reduce sticking on cooking and baking surfaces or to
be directly applied on food for the purpose of reducing sticking on cooking and
baking surfaces, or both.
Aerosol
product means a product characterized
by a pressurized spray system that dispenses product ingredients in aerosol
form by means of a propellant (i.e., a liquefied or compressed gas that is used
in whole or in part, such as a co-solvent, to expel a liquid or any other
material from the same self-pressurized container or from a separate container)
or mechanically induced force. “Aerosol product” 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. “Agricultural
use” does not include the sale or use of pesticides in properly labeled
packages or containers that are intended for:
(1) Household
use;
(2) Use in
structural pest control; or
(3)
Institutional use.
All
other forms means all consumer
product forms for which no form-specific VOC standard is specified. 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).
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. “Automotive windshield washer fluid” does not include fluids placed
by the manufacturer in a new vehicle.
Bathroom
and tile cleaner means a product
designed to clean tile or surfaces in bathrooms. “Bathroom and tile cleaner”
does not include products specifically designed to clean toilet bowls or toilet
tanks.
Charcoal
lighter material means any combustible
material designed to be applied on, incorporated in, added to, or used with
charcoal to enhance ignition. “Charcoal lighter material” does not include any
of the following:
(1) Electrical
starters and probes;
(2) Metallic
cylinders using paper tinder;
(3) Natural
gas; and
(4) Propane.
Consumer means any person who purchases or acquires any
consumer product for personal, family, household, or institutional use. Persons
acquiring a consumer product for resale are not “consumers” of that product.
Container
or packaging means the part or parts
of the consumer product that serve only to contain, enclose, incorporate,
deliver, dispense, wrap, or store the chemically formulated substance or
mixture of substances that is solely responsible for accomplishing the purposes
for which the product was designed or intended. “Container or packaging”
includes any article onto or into which the principal display panel is
incorporated, etched, printed, or attached.
Crawling
bug insecticide means any insecticide
product that is designed for use against crawling arthropods including, but not
limited to, ants, cockroaches, mites (but not house dust mites), silverfish, or
spiders. “Crawling bug insecticide” does not include products for agricultural
use or products designed to be used exclusively on humans or animals.
Double-phase
aerosol air freshener means an
aerosol air freshener with liquid contents in two or more distinct phases that requires
the product container to be shaken before use to mix the phases, producing an
emulsion.
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. “Dusting aid” does not include
products that consist entirely of compressed gases for use in electronic or
other specialty areas.
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. “Engine degreaser” does not
include any solvent used in parts washing equipment, or any solvent use
regulated under 40
Flea
and tick insecticide means any
insecticide product that is designed for use against fleas, ticks, and their
larvae, or their eggs. “Flea and tick insecticide” does not include products
that are designed to be used exclusively on humans or animals or their bedding.
Flexible
flooring material means asphalt,
cork, linoleum, no-wax, rubber, seamless vinyl, and vinyl composite flooring.
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.
“Floor polish or wax” does not include “spray buff products,” products designed
solely for the purpose of cleaning floors, floor finish strippers, products
designed for unfinished wood floors, and coatings subject to 40
Floor
seam sealer means any low viscosity
specialty adhesive used in small quantities for the sole purpose of bonding
adjoining rolls of installed flexible sheet flooring or to fill any minute gaps
between and adjoining rolls.
Gel means a colloid in which the dispersed phase has
combined with the continuous phase to produce a semisolid material, such as
jelly.
Glass
cleaner means a cleaning product
designed primarily for cleaning surfaces made of glass. Glass cleaner does not
include products designed solely for the purpose of cleaning optical materials
used in eyeglasses, photographic equipment, scientific equipment, and photocopying
machines.
Hair
mousse means a hairstyling foam
designed to facilitate styling of a coiffure and provide limited holding power.
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.
Hairspray means a consumer product designed primarily for the
purpose of dispensing droplets of a resin on and into a hair coiffure to impart
sufficient rigidity to the coiffure to establish or retain the style for a
period of time.
High-volatility
organic compound or HVOC means any
organic compound that exerts a vapor pressure greater than 80 millimeters of
mercury 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, including the immediate surroundings, that are occupied or intended
for occupation by individuals.
Household
use means use of a product in a home
or its immediate environment.
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.
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. Foggers may target a variety of pests
including (but not limited to) fleas and ticks, crawling insects, lawn and
garden pests, and flying insects. Foggers are not subject to the specific VOC
limitations or other categories of insecticides list in table 1 of this
subpart.
Institutional
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. “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. “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 that
are produced by 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 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 and/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 look and may also facilitate ironing of the fabric.
“Laundry starch product” includes, but it 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.
Nail
polish remover means a product
designed to remove nail polish or coatings from fingernails or toenails.
Nonresilient
flooring means floor of a mineral
content that is not flexible. “Nonresilient flooring” includes, but is not
limited to, terrazzo, marble, slate, granite, brick, stone, ceramic tile, and
concrete.
Principal
display panel(s) 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.”
Pump
spray means a packaging system in
which the product ingredients are expelled only while a pumping action is
applied to a button, trigger, or other actuator. Pump spray product ingredients
are not under pressure.
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 body hair.
Single-phase
aerosol air freshener means an
aerosol air freshener with liquid contents in a single homogeneous phase that
does not require that the product container be shaken before use.
Spray
buff product means a product designed
to restore a worn floor finish in conjunction with a floor buffing machine and
special pad.
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
Usage
directions means the text or graphics
on the consumer product's label or accompanying literature that describes to
the end user how and in what quantity the product is to be used.
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 a high-volume directed stream or
burst from a safe distance at the intended pest or its hiding place.
Wood
floor wax means wax-based products
for use solely on wood floors.