1. (a) Most Restrictive Limit.

   Except as otherwise provided in section 94522(b), if anywhere on the container of any aerosol coating product subject to the specified limits in section 94522(a)(2), or on any sticker or label affixed thereto, or in any sales or advertising literature, any representation is made that the product may be used as, or is suitable for use as a product for which a lower limit is specified, then the lowest applicable limit shall apply.

2. (b) Labeling Requirements.

   1. (1) Each manufacturer of an “Aerosol Coating Product” subject to this article shall clearly display the following information on each product container which is manufactured on or after the earliest effective date for the applicable Reactivity Limit for an aerosol coating category.

      1. (A) the applicable Reactivity Limit for the product that is specified in section 94522(a); and
      2. (B) the aerosol coating category as defined in section 94521, or an abbreviation of the coating category.

   2. (2) Product Dating Requirements

      1. (A) In addition to the labeling requirements specified in section 94524(b)(1), each manufacturer of an aerosol coating product subject to section 94522 shall clearly display on each aerosol coating product container or package, the day, month, and year on which the product was manufactured, or a code indicating such date.

         Codes that represent a sequential batch number or that otherwise cannot be attributed to a specific day, month, and year, do not satisfy this requirement.

      2. (B) A manufacturer who uses the following code to indicate the date of manufacture shall not be subject to the requirements of section 94524(b)(2)(E), if the code is represented separately from other codes on the product container so that it is easily recognizable:

         YY DDD = year year day day day

         Where: “YY” = two digits representing the year in which the product was manufactured, and

         “DDD” = three digits representing the day of the year on which the product was manufactured, with “001” representing the first day of the year, “002” representing the second day of the year, and so forth (i.e. the “Julian date”).

      3. (C) The date of manufacture or code indicating the date of manufacture shall be displayed on each aerosol coating product container or package no later than twelve months prior to the effective date of the applicable limit specified in section 94522(a)(2).

      4. (D) Products Sold in Multi-unit Packages.

         1. 1. Products sold, supplied, or offered for sale in multi-unit packages are not required to comply with subsection (b)(2)(E)3.
         2. 2. If a multi-unit package does not comply with subsection (b)(2)(E)3., the “sell-through” provisions of section 94522(d) shall not apply to the individual product units contained within the multi-unit package. In other words, if any multi-unit package produced or assembled after January 1, 2015, does not display the date(s) or date-code(s) of the product units, such that the displayed information is readily observable without irreversibly disassembling any portion of the container or packaging, the individual product units shall be subject to the Reactivity Limit in effect when the multi-unit package is sold, supplied, or offered for sale, regardless of the date on which the product units were manufactured.
         3. 3. A multi-unit package may comply with subsection (b)(2)(E)3. by displaying the date of assembly instead of the date(s) or date-code(s) of the individual product units, so long as the date of assembly is readily observable without irreversibly disassembling any portion of the container or packaging. The “date of assembly” means the date that the individual product units are assembled into the finished multi-unit package. If the date of assembly is displayed instead of the individual date(s) or date-code(s), the “date of assembly” shall be the “date of manufacture” for all of the product units contained within the multi-unit package. In other words, all of the product units shall be deemed to have been manufactured on the date these units are assembled into the multi-unit package, even if the individual product units show different date(s) or date-code(s), and the “date of assembly” shall be “date of manufacture” of each product unit for the purposes of applying the “sell-through” provisions of section 94522(d).

      5. (E) Additional Product Dating Requirements

         1. 1. If a manufacturer uses a code indicating the date of manufacture, for any aerosol coating product subject to section 94522 an explanation of the code must be filed with the Executive Officer of the CARB no later than twelve months prior to use of the code or abbreviation. Thereafter, manufacturers using a code must file an explanation of the code with the Executive Officer on an annual basis, beginning January 1, 2015.

            The explanation of the code must be received by the Executive Officer on or before January 31^st of each year, with the first explanation due on or before January 31, 2015.

         2. 2. If a manufacturer changes any code indicating the date of manufacture for any aerosol coating product subject to subsection (b)(2)(E)1., an explanation of the modified code must be received by the Executive Officer before any products displaying the modified code are sold, supplied, or offered for sale in California.
         3. 3. Except as provided (b)(2)(D), the information required in section 94524(b)(1) and (b)(2), shall be displayed on the product container such that it is readily observable without removing or disassembling any portion of the product container or packaging. For the purposes of this subsection, information may be displayed on the bottom of a container as long as it is clearly legible without removing any product packaging.
         4. 4. No person shall erase, alter, deface, or otherwise remove or make illegible any date or code indicating the date of manufacture from any regulated product container without the express authorization of the manufacturer.
         5. 5. Codes indicating the date of manufacture are public information and shall not be claimed as confidential.

3. (c) Reporting Requirements.

   1. (1) Any Responsible Party for an aerosol coating product subject to this article which is sold, supplied, or offered for sale in California, must supply the Executive Officer with the following information within 90 days of the earliest effective date for the applicable Reactivity Limit for an aerosol coating category: the company name, mailing address, contact person, email address, and the telephone number of the contact person.

      For a Responsible Party who does not manufacture their own aerosol coating products, the Responsible Party shall also supply the information specified in this subsection (c)(1) for those manufacturers which produce products for the Responsible Party.

      The Responsible Party shall also notify the Executive Officer within 90 days of any change in the information supplied to the Executive Officer pursuant to this subsection (c)(1).

   2. (2) Upon 90 days written notice, each manufacturer or Responsible Party subject to this article shall submit to the Executive Officer a written report with all of the following information for each product they manufacture under their name or another company's name:

      1. (A) the brand name of the product;
      2. (B) a copy of the product label;
      3. (C) the owner of the trademark or brand names;
      4. (D) the product category as defined in section 94521;
      5. (E) the annual California sales in pounds per year and the method used to calculate California annual sales;
      6. (F) the weight fraction of each ROC present in amount greater than or equal to 0.1 percent by weight along with its corresponding MIR value as specified in sections 94700 or 94701;
      7. (G) the weight fraction of ingredients listed in 94522(i)(2)(A) and 94522(i)(2)(B);
      8. (H) the weight fraction of any other ingredient that is present in an amount greater than or equal to 0.1 percent by weight.
      9. (I) any other information necessary to determine the emissions or the PWMIR of an “Aerosol Coating Product.”

4. (d) Treatment of Confidential Information.

   All information submitted by manufacturers pursuant to section 94524 and 94526 shall be handled in accordance with the procedures specified in Title 17, California Code of Regulations, sections 91000-91022.

Note: Authority cited: Sections 39515, 39516, 39600, 39601, 39607, 39701, 41503.5, 41511, 41700 and 41712, Health and Safety Code. Reference: Sections 39000, 39002, 39003, 39600, 39602, 40000, 41504, 41511, 41700 and 41712, Health and Safety Code.

History

1. New section filed 1-8-96; operative 1-8-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 2).

2. Redesignation of former subsection (c)(5) to new subsection (d) and new subsections (e)-(e)(4)(B) filed 11-18-97; operative 11-18-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 47).

3. Repealer of subsections (c)(2)-(c)(2)(B)4., subsection renumbering, and amendment of subsections (d) and (e) filed 5-25-99; operative 6-24-99 (Register 99, No. 22).

4. Amendment filed 6-18-2001; operative 7-18-2001 (Register 2001, No. 25).

5. Amendment filed 9-17-2014; operative 1-1-2015 (Register 2014, No. 38).

6. Amendment of subsection (b)(2)(E)1. and amendment of Note filed 8-1-2022; operative 8-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 31). The one year deadline in Government Code section 11346.4(b) and the filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.