Section 20-754. PORTABLE FUEL CONTAINERS AND SPOUTS – LABELING REQUIREMENTS

 

754.1Each manufacturer of a portable fuel container or portable fuel container and spout subject to and complying with § 752 must clearly display the following on each spill-proof system:

 

(a)The phrase “Spill-Proof System”;

 

(b)A date of manufacture or date code; and

 

(c)A representative code identifying the Executive Order Number issued by CARB for the portable fuel container or portable fuel container and spout.

 

754.2Each manufacturer of a spout subject to and complying with §752 must clearly display the following on the accompanying package, or spout sold without packaging, on either the spout or a label affixed to the spout:

 

(a)The phrase “Spill-Proof Spout”;

 

(b)A date of manufacture or date code; and

 

(c)A representative code identifying the Executive Order Number issued by CARB for the portable fuel container or portable fuel container and spout.

 

754.3Each manufacturer subject to § 754.1 and 754.2 shall file an explanation of both the date code and representative code with the Department no later than the later of three (3) months after the effective date of this regulation or within three (3) months of production, and within three (3) months after any change in coding.

 

754.4 Each manufacturer of a spout subject to § 754.2 shall clearly display the make, model number, and size of only those portable fuel containers the spout is designed to accommodate and can demonstrate compliance with § 752, on the accompanying package, or for spouts sold without packaging, on either the spout, or a label affixed to the spout.

 

754.5Manufacturers of portable fuel containers or portable fuel containers and spouts not subject to or not in compliance with § 752 shall not display the phrase “Spill-Proof System” or “Spill-Proof Spout” on the portable fuel container or spout, respectively, on any sticker or label affixed to the product, or on any accompanying package.

 

754.6 Each manufacturer of a portable fuel container or spout subject to and complying with § 752 that due to its design or other features cannot be used to refuel one (1) or more on-road motor vehicle, must clearly display the phrase “Not Intended For Refueling On-Road Motor Vehicles” in type of thirty-four (34) point or greater on each of the following:

 

(a)For a portable fuel container or portable fuel container and spout sold together as a spill-proof system, on the system or on a label affixed thereto, and on the accompanying package, if any; and

 

(b)For a spill-proof spout sold separately from a spill-proof system, on either the spill-proof spout, or a label affixed thereto, and on the accompanying package, if any.

 

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, 11367 (December 30, 2011).

EditorNote

Section 754 is formerly entitled, "Architectural and Industrial Maintenance Coating - Testing Requirements." The Notice of Final Rulemaking published at 58 DCR 11286 (December 30, 2011) repealed and replaced it with "Portable Fuel Containers and Spouts - Labeling Requirements."