Section 20-732. CONSUMER PRODUCTS – LABELING OF CONTENTS

 

732.1 Each manufacturer of a consumer product subject to §§ 719 through 737 shall clearly display on each consumer product container or package, the day, month, and year on which the product was manufactured, or a code indicating such date. 

 

732.2A manufacturer who uses the following code to indicate the date of manufacture shall not be subject to the requirements of § 732.1, 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 (such as, the “Julian date”).

 

732.3The date or date-code information shall be displayed on each consumer product container or package no later than twelve (12) months before the effective date of the applicable standard specified in the Table of Standards in § 720.1.

 

732.4The date or date-code information shall be located on the container or inside the cover/cap so that it is readily observable or obtainable by simply removing the cap/cover without irreversibly disassembling any part of the container or packaging.

 

732.5For the purposes of this section, information may be displayed on the bottom of the container as long as it is clearly legible without removing any product packaging.

 

732.6The requirements of § 732.1 through 732.5 shall not apply to products containing VOCs at one tenth of a percent (0.1%) by weight or less, or products exempted from the definition of VOCs in §799.

 

732.7If a manufacturer uses a code to indicate the date of manufacture for any consumer product subject to § 720, and has not previously filed with the Department a date code explanation for that product, the manufacturer shall provide an explanation of the date portion of the code to the Department no later than the effective date of the applicable standard specified in the Table of Standards in § 720.1.

 

732.8If a manufacturer changes any code indicating the date of manufacture for any consumer product subject to § 732.7, an explanation of the modified code must be submitted to the Department before any products displaying the modified code are sold, supplied, or offered for sale in the District of Columbia.

 

732.9No 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.

 

732.10Date code explanations for codes indicating the date of manufacture are public information and may not be claimed as confidential.

 

732.11Notwithstanding the definition of the term “product category” in § 799, if anywhere on the principal display panel of any consumer product manufactured before January 1, 2012, or any FIFRA registered insecticide manufactured before January 1, 2013, 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 the Table of Standards in § 720.1, then the lowest VOC limit shall apply. This requirement does not apply to general purpose cleaners, antiperspirant or deodorant products, and insecticide foggers.

 

732.12Notwithstanding the definition of “product category” in § 799, if anywhere on the container or packaging of any consumer product manufactured on or after January 1, 2012, or any FIFRA registered insecticide manufactured on or after January 1, 2013, or any sticker or label affixed thereto, any representation is made that the product may be used, or is suitable for use as a consumer product for which a lower VOC content limit is specified in the Table of Standards in § 720.1, then the lowest VOC limit shall apply. This requirement does not apply to general all purpose cleaners, antiperspirant or deodorant, and insecticide foggers.

 

732.13Both the manufacturer and responsible party for each aerosol adhesive, adhesive remover, electronic cleaner, electrical cleaner, energized electrical cleaner, and contact adhesive product subject to §§ 719 through 737 shall comply with § 732.1 through 732.12 and §733 and ensure that all consumer products clearly display the following information on the container for each product which is manufactured on or after the effective date for the category specified in the Table of Standards in § 720.1: 

 

(a)The product category as specified in § 720 or an abbreviation of the category;

 

(b)The VOC standard for the product as specified in the Table of Standards in § 720.1, except for energized electrical cleaner, expressed as a percentage of weight, unless the product is included in an alternative control plan approved by the Department, as provided in § 732.12, and the product exceeds the applicable VOC standard:

 

(1) If the product is included in an approved Alternative Control Plan (ACP) pursuant to § 735, the product shall be labeled with the term “ACP” or “ACP product”; or

  

(2)If the product is classified as a special purpose spray adhesive, the substrate and/or application or an abbreviation of the substrate/application that qualifies the product as special purpose shall be displayed;

 

(c)An explanation of the abbreviation used pursuant to § 732.13(a) must be filed with the Department before the abbreviation is used;

 

(d)The information required in this section 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; and

 

(e)No person shall remove, alter, conceal, or deface the information required in this section before final sale of the product.

 

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, 11320 (December 30, 2011).

EditorNote

Section 732 is formerly entitled "Consumer Products - Alternative Control Plans." The Notice of Final Rulemaking published at 58 DCR 11286 (December 30, 2011) repealed and replaced the section with "Consumer Products - Labeling Contents."