Section 20-728. CONSUMER PRODUCTS – ADHESIVE REMOVERS, ELECTRICAL CLEANERS, AND GRAFFITI REMOVERS

 

728.1Except as provided in § 728.2 and 728.4, effective January 1, 2012, no person shall sell, supply, offer for sale, or manufacture for use in the District of Columbia any adhesive remover, electrical cleaner, or graffiti remover that contains methylene chloride, perchloroethylene, or trichloroethylene.

 

728.2 Adhesive removers, electrical cleaners, and graffiti removers that contain methylene chloride, perchloroethylene, or trichloroethylene and were manufactured before January 1, 2012, may be sold, supplied, or offered for sale until May 1, 2012, so long as the product container or package displays the date on which the product was manufactured, or a code indicating such date, in accordance with § 732.

 

728.3 Any person who sells or supplies a consumer product identified above in § 728.1 must notify the purchaser of the product, in writing, that the sell-through period for that product will end on May 1, 2012, provided however, that this notification must be given only if both of the following conditions are met:

 

(a) The product is sold or supplied through a distributor or retailer; and

 

(b) The product is sold or supplied on or after January 1, 2012.

 

728.4 The requirements of § 728.1 and 728.3 shall not apply to any adhesive remover, electrical cleaner, or graffiti remover containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than one one-hundredth of a percent (0.01%) by weight.

 

authority

The Director of the District Department of the Environment (DDOE or Department), pursuant to the authority set forth in sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 1984, as amended, effective March 15, 1985 (D.C. Law 5-165 (DCAPC); D.C. Official Code §§ 8-101.05 and 8-101.06(b)(2008 Repl.)), section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.07(4)(2008 Repl.)), Mayor's Order 98-44, dated April 10, 1998, and Mayor’s Order 2006-61, dated June 14, 2006.

source

Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11316 (December 30, 2011).

EditorNote

Section 728 is formerly entitled, "Consumer Prodcuts - Floor Wax Strippers." The Notice of Final Rulemaking published at 58 DCR 11286 (December 30, 2011) repealed and replaced it with "Consumer Products - Adhesive Removes, Electrical Cleaners, and Graffiti Removers."