1. (a) Emission Standards. Except as provided in the “sell-through” provisions of section 93120.12, Appendix 1, all distributors must comply with the requirements of section 93120.2(a) for all composite wood products and finished goods containing these materials that are sold, supplied, offered for sale, or purchased for sale in California.

2. (b) Additional Requirements to Help Ensure that Complying Composite Wood Products and Finished Goods are Purchased. Distributors must take reasonable prudent precautions to ensure that the composite wood products and composite wood products contained in finished goods that they purchase comply with the emission standards specified in section 93120.2(a). “Reasonable prudent precautions” include, at a minimum, instructing each supplier that the composite wood products and finished goods they supply to a distributor must comply with the applicable emission standards, and obtaining written documentation from each supplier that this is so.

   In addition, distributors must keep records showing the date of purchase and the supplier of the composite wood products and finished goods, and document the precautions taken to ensure that the composite wood products and composite wood products contained in finished goods comply with applicable emission standards. These records must be kept in electronic or hard copy form for a minimum of two years and provided to ARB or local air district personnel upon request. This section does not affect the liability of any person for any violation of section 93120.2(a).

3. (c) Product Labeling Requirements for Composite Wood Products and Finished Goods.

   1. (1) Composite Wood Products. If the composite wood products procured by a distributor are not modified by the distributor, no additional labeling is required. If the composite wood products are modified, distributors are subject to the labeling requirements specified for fabricators in section 93120.7(d).
   2. (2) Finished goods containing HWPW, PB, or MDF. If the finished goods purchased by a distributor are not modified by the distributor, no additional labeling is required. If the finished goods are modified, the distributor must label the modified goods as specified for fabricators in section 93120.7(d).
4. (d) Statement of compliance. For each composite wood product or finished good made with these materials, the distributor must state on the bill of lading or invoice, that the composite wood products or composite wood products contained in finished goods comply with the applicable Phase 1 or Phase 2 emission standard specified in section 93120.2(a).
5. (e) Facility inspections. Distributors may be inspected by ARB or local air district personnel. In the course of an inspection, ARB or local air district personnel may request to audit records or secure samples for testing. Composite wood products or finished goods secured during an inspection are subject to testing, using the applicable enforcement test method specified in section 93120.9, to determine compliance with the applicable emission standards.

Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41511 and 41712, Health and Safety Code. Reference: Sections 39650, 39658, 39659, 39665, 39666, 41511 and 41712, Health and Safety Code.

History

1. New section filed 4-18-2008; operative 4-18-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 16).