Md. Code Regs. 26.11.32.13 - Administrative Requirements

A. Product-Dating.

(1) A manufacturer of a consumer product subject to Regulations .04-.10 of this chapter shall clearly display on each consumer product container or package:

(a) The day, month, and year on which the product was manufactured; or

(b) A code indicating the date of manufacture that is:

(i) 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 irreversibly disassembling any part of the container or packaging or displayed on the bottom of a container as long as it is clearly legible without removing any product packaging; and

(ii) Displayed on each consumer product container or package not later than 12 months before the effective date of the applicable standard in Regulation .04B of this chapter.

(2) A manufacturer who uses a code indicating the date of manufacture for a consumer product subject to Regulations .04-.10 of this chapter shall file an explanation of the date portion of the code with the Department not later than 12 months before the effective date of the applicable standard in Regulation .04B of this chapter.

(3) A manufacturer who uses the following code to indicate the date of manufacture is not subject to the requirements of §A(2) of this regulation, 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 (that is, the "Julian date").

(4) If a manufacturer changes to a code other than that specified in §A(3) of this regulation indicating the date of manufacture for any consumer product, an explanation of the modified code shall be submitted to the Department before any products displaying the modified code are sold, supplied, or offered for sale in the State.

(5) A person may not 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.

(6) Date code explanations for codes indicating the date of manufacture are public information, shall be separate from any confidential information, and may not be claimed as confidential.

(7) The requirements of §A of this regulation do not apply to:

(a) Products containing no VOCs; or

(b) Products containing VOCs at 0.10 percent by weight or less.

B. Most Restrictive Limit.

(1) Notwithstanding the definition of "product category" in Regulation .03 of this chapter, if a representation is made that a consumer product is suitable for or may be used as a consumer product with a lower VOC limit as specified in Regulation .04B of this chapter, and the representation appears on the container, packaging, or label or sticker affixed thereto, the lower VOC limit shall apply for:

(a) A consumer product manufactured before January 1, 2009; and

(b) A FIFRA-registered insecticide manufactured before January 1, 2010.

(2) The requirement in §B(1) of this regulation does not apply to a general purpose cleaner, an antiperspirant or deodorant product, a product intended to serve as an antiperspirant deodorant, insecticide foggers, and lawn and garden insecticide.

(3) Notwithstanding the definition of product category in Regulation .03 of this chapter, if a representation is made that a consumer product is suitable for or may be used as a consumer product with a lower VOC limit as specified in Regulation .04B, and the representation appears on the container, packaging, or label or sticker affixed thereto, the lower VOC limit applies for:

(a) A consumer product manufactured on or after January 1, 2009; or

(b) A FIFRA-registered insecticide manufactured on or after January 1, 2010.

(4) The requirement of §B(3) of this regulation does not apply to general purpose cleaners, antiperspirant, deodorant products, insecticide foggers, and lawn and garden insecticide.

C. Additional Labeling Requirements for Aerosol Adhesive, Adhesive Remover, Electronic Cleaner, Electrical Cleaner, Energized Electrical Cleaner, and Contact Adhesive.

(1) In addition to the requirements specified in §§A and B of this regulation and Regulation .14 of this chapter, both the manufacturer and responsible party for each aerosol adhesive, adhesive remover, electronic cleaner, electrical cleaner, energized electrical cleaner, and contact adhesive product subject to this chapter shall ensure that all products clearly display the following information on each product container which is manufactured on or after the effective date for the category specified in the table of standards:

(a) The product category as specified in Regulation .04B of this chapter or an abbreviation of the category;

(b) The applicable VOC standard for the product in Regulation .04B of this chapter, except for energized electrical cleaner, expressed as a percentage by weight, unless the product is included in an alternative control plan approved by the Department as provided in Regulations .17-.26 of this chapter, and the product exceeds the applicable VOC standard;

(c) If the product is included in an alternative control plan approved by the Department, and the product exceeds the applicable VOC standard in Regulation .04B of this chapter, the term "ACP" or "ACP product";

(d) If the product is classified as a special purpose spray adhesive, the applicable substrate, or application or an abbreviation of the substrate or application, that qualifies the product as special purpose; and

(e) If the manufacturer or responsible party uses an abbreviation as allowed by this section, an explanation of the abbreviation shall be filed with the Department before the abbreviation is used.

(2) The information required in §A(1) of this regulation shall be displayed on the product container so that it is readily observable without removing or disassembling a portion of the product container or packaging. For the purposes of this section, information may be displayed on the bottom of a container if it is clearly legible without removing any product packaging.

(3) A person may not remove, alter, conceal, or deface the information required in §C(1) of this regulation before final sale of the product.

Notes

Md. Code Regs. 26.11.32.13