New Jersey Administrative Code|Section 7:27-24.5 - Chemically formulated consumer products: registration and labeling

                                                
 § 7:27-24.5. Chemically formulated consumer products: registration and labeling 
 
(a) The manufacturer of a chemically formulated consumer product that is subject to this subchapter pursuant to 7:27-24.2(b)1 shall register or re-register (for manufacturers who have submitted registration prior to June 6, 2004) with the Department as follows: 
 
1. The registration or re-registration shall be submitted to the Department on the form provided by the Department at http://www.state.nj.us/dep/baqp , and shall be submitted electronically, by email, on diskette, or on CD-ROM, unless:
 
i. Electronic submission would impose hardship on the manufacturer;
 
ii. The Department is satisfied that a hardship exists and approves a written request from the manufacturer to submit the information on paper pursuant to (c) below;
 
2. The registration or re-registration shall be submitted in accordance with the following schedule: 
 
i. For a chemically formulated consumer product sold in New Jersey and not previously registered, the registration shall be submitted no later than the later of March 29, 2009, or within 90 days of selling the product in New Jersey.
 
3. If, subsequent to the submission of its registration, a manufacturer begins to manufacture a product for sale in New Jersey that belongs to a chemically formulated consumer product category that was not listed in the original registration, or if information provided in the registration changes, the manufacturer shall submit a revised registration including the new information within 90 days of the change; and
 
4. The registration or re-registration shall include the following information:
 
i. The name of the manufacturer;
 
ii. The full mailing address of the manufacturer;
 
iii. The name and telephone number of a contact person;
 
iv. The chemically formulated consumer product category (as listed in Table 1 at 7:27-24.4) to which the manufacturer's product belongs or, if the manufacturer manufactures multiple products which belong to more than one chemically formulated consumer product category, a list of the chemically formulated consumer product categories to which the products belong (for example: adhesive, floor polish or wax, insecticide); and
 
v. If the manufacturer is, for any product, complying with the requirements of this subchapter through one of the exemptions listed at 7:27-24.4(i), the following:
 
(1) Product brand name;
 
(2) The chemically formulated consumer product category to which the product belongs;
 
(3) The type of exemption; that is, IPE, ACP, or variance; and
 
(4) The state that previously approved the IPE, ACP, or variance and the issuing state's approval date.
 
(b) Notwithstanding 7:27-24.3(c), any information submitted as part of the registration or re-registration pursuant to (a) above and (e) below may not be claimed to be confidential, including under the procedures set forth at 7:27-1.6 through 1.29.
 
(c) If a manufacturer seeks approval to submit its registration or re-registration on paper, rather than electronically, the following apply:
 
1. The manufacturer shall submit the written request to the address given at 7:27-24.3(d), and the envelope in which the written request is submitted shall be labeled as follows: "Attention: Request for On-Paper Submittal of Consumer Product Registration";
 
2. The written request shall include an explanation of the hardship that electronic submission would impose on the manufacturer; and
 
3. The Department shall not approve a manufacturer's written request to submit its registration on paper unless the Department is satisfied that electronic submission would impose hardship on the manufacturer.
 
(d) Except as provided at (f) below, a manufacturer of a chemically formulated consumer product subject to this subchapter pursuant to 7:27-24.2(b)1 shall clearly display, on each product package, the day, month, and year in which the product was manufactured, or a code indicating such date (that is, a date-code). The date or date-code shall be located on the packaging, or inside the cover or cap, so that it is readily observable or obtainable without irreversibly disassembling any part of the packaging, such as by simply removing the cover or cap. Use of the following code to indicate the date of manufacture in compliance with the requirements of this subsection will exempt the manufacturer from the requirements of (e) below, if the code is represented separately from other codes on the product container so that it is easily recognizable:
 
YY DDD
 
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 (also known as the "Julian date").
 
(e) If for any consumer product, the manufacturer uses a date-code other than the YY DDD format described at (d) above to comply with (d) above, the manufacturer shall submit an explanation of the date portion of the product code to the Department. The explanation shall be submitted with the electronic registration or re-registration, in accordance with the requirements of (a), (b) and (c) above.
 
(f) Subsection (d) above does not apply to a product if:
 
1. The product contains no VOC; or contains 0.10 percent VOC, or less, by weight;
 
2. The product is offered to consumers free of charge for the purpose of sampling the product; or
 
3. The product's label is registered under FIFRA.
 
(g) For any aerosol adhesive, adhesive remover, contact adhesive, electronic cleaner, electrical cleaner, and energized electrical cleaner products manufactured on or after the effective date for the product category specified in Table 1 at 7:27-24.4(a), the manufacturer shall ensure that:
 
1. The following information shall be clearly displayed on each product package: 
 
i. The name (as given in Table 1 at 7:27-24.4(a)) of the specific product category to which the product belongs (for example, automobile headliner adhesive) or, an abbreviation of the name of the category;
 
ii. Except for an energized electrical cleaner, the applicable VOC content standard to which the product is subject, under Table 1 at 7:27-24.4(a), expressed as a percentage by weight; and
 
iii. If the product is a special purpose spray adhesive, the applicable substrate and/or application that qualifies the product as a special purpose spray adhesive, or an abbreviation of the substrate and/or application;
 
2. If abbreviation(s) are used, as allowed under (g)1i and iii above, an explanation of the abbreviation shall be submitted electronically with the electronic registration or re-registration; and
 
3. The information required under (g)1 above shall be displayed on the product packaging such that it is readily observable without removing or irreversibly disassembling any portion of the product packaging. Information may be displayed on the bottom of a container or package as long as it is clearly legible without removing any product packaging.
 
(h) For floor wax strippers which are non-aerosol products manufactured on or after January 1, 2005:
 
1. The manufacturer shall ensure that: 
 
i. The label specifies a dilution ratio for light or medium build-up of polish that results in an as-used VOC concentration of three percent or less by weight; and
 
ii. If the floor wax stripper is also intended to be used for removal of heavy build-up of polish, the label specifies a dilution ratio for heavy build-up of polish that results in an as-used VOC concentration of 12 percent or less by weight; and
 
2. The terms "light build-up," "medium build-up" or "heavy build-up" are not specifically required to be used on the label, as long as comparable terminology is used.
 
(i) No person shall erase, alter, deface, or otherwise remove or make illegible any information required to be displayed on any product packaging under (d), (g) or (h) above, prior to the final sale of the product to a consumer without the express authorization of the manufacturer.
 (Recodified in part from N.J.A.C. 7:27-24.4 and amended by R.2004 d.182, effective May 3, 2004 (operative June 6, 2004). 
 See: 35 N.J.R. 4241(b), 36 N.J.R. 2218(a). 
 Rewrote the section. Former N.J.A.C. 7:27-24.5, Test methods, recodified to N.J.A.C. 7:27-24.7. 
 Amended by R.2008 d.366, effective December 1, 2008 (operative December 29, 2008). 
 See: 39 N.J.R. 4492(a), 40 N.J.R. 6769(a). 
 Rewrote (a)2i; deleted (a)2ii; rewrote (d); in (e), inserted "other than the YY DDD format described at (d) above" and substituted "date portion of the product code" for "date-code"; in (f)3, substituted "FIFRA" for "the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. § 136-136y)"; rewrote (g); and in (i), inserted "without the express authorization of the manufacturer".)