New Jersey Administrative Code|Section 7:27-24.6 - Chemically formulated consumer products: recordkeeping and reporting

                                                
 § 7:27-24.6. Chemically formulated consumer products: recordkeeping and reporting 
 
(a) Each manufacturer of a chemically formulated consumer product subject to this subchapter pursuant to 7:27-24.2(b)1 shall keep the following records:
 
1. The results of any testing performed to demonstrate compliance with a VOC content limit;
 
2. If compliance with a VOC content limit is demonstrated through calculation of the VOC content of the product pursuant to 7:27-24.7(b), the data and formulas used in the calculation, the calculations made, and the result of the calculation; and
 
3. Any information that may be required to be submitted to the Department pursuant to (b)3 below.
 
(b) The Department may require the manufacturer of a chemically formulated consumer product subject to this subchapter pursuant to 7:27-24.2(a) to submit information which may include the information in (b)1 through 3 below. If the manufacturer does not have or does not provide the information requested by the Department, the Department may require the reporting of this information by another person who has the information, including, but not limited to, a formulator, manufacturer, supplier, parent company, private labeler, distributor, or repackager.
 
1. The name, address, and telephone number of the manufacturer and the name and telephone number of the manufacturer's designated contact person;
 
2. Any claim of confidentiality asserted by the manufacturer pursuant to 7:27-24.3(c) for information required to be submitted to the Department regarding any of the manufacturer's products;
 
3. For any of the manufacturer's products subject to the standards in Table 1 at 7:27-24.4(a), the following information (if the product is sold in more than one form, this information shall be provided separately for each product form): 
 
i. The product brand name;
 
ii. The product label;
 
iii. The chemically formulated consumer product category to which the product belongs;
 
iv. The form (if applicable) of the product, and a list of all the forms in which the product is sold;
 
v. Identification of the product as a household product, institutional product, or both;
 
vi. Sales of the product within the State, given to the nearest pound in pounds of product (not including the weight of packaging) per year, and the method used to calculate the sales;
 
vii. For each product, the net percent by weight of the total product less packaging, comprised of the following, rounded to the nearest one-tenth of a percent (0.1 percent): 
 
(1) Total VOC;
 
(2) Total of carbon-containing compounds specifically excluded from the definition of "VOC," as defined at 7:27-24.1;
 
(3) Total LVP-VOCs that are not fragrances;
 
(4) Total of all other carbon-containing compounds that are not fragrances;
 
(5) Total of all non-carbon-containing compounds;
 
(6) Total fragrances; and
 
(7) Total paradichlorobenzene;
 
viii. For each product containing greater than two percent by weight fragrance: 
 
(1) The percent of fragrance that are LVP-VOCs; and
 
(2) The percent of fragrance that are all other carbon-containing compounds; and
 
ix. For a product that is an antiperspirant or deodorant and that contains greater than two percent by weight colorant, the following:
 
(1) Total LVP-VOCs in the colorant; and
 
(2) Total of all other carbon-containing compounds in the colorant;
 
x. For each product, the identity, including the specific chemical name and associated Chemical Abstract Services (CAS) number, of the following:
 
(1) Each compound specifically excluded from the definition of "VOC," as set forth at 7:27-24.1; and
 
(2) Each LVP-VOC that is not a fragrance; and
 
xi. If the product includes a propellant, the following:
 
(1) The weight of the propellant, given as a percentage of the weight of the product sold, not including packaging, rounded to the nearest one-tenth of a percent (0.1 percent); and
 
(2) Identification of the type of propellant (Type A, Type B, Type C, or a blend of the different types).
 
(c) Each manufacturer of a chemically formulated consumer product subject to this subchapter pursuant to 7:27-24.2(c) shall maintain calendar year records of products containing greater than five percent by weight VOC, having a vapor pressure or sum of partial pressures of organic substances of 0.02 pounds per square inch (one millimeter of mercury) absolute or greater, measured at standard conditions, produced by that manufacturer for sale in New Jersey. Different forms of a product that have VOC contents within a range of five percent by weight may be combined as a single type of product for the purpose of this recordkeeping, provided the maximum weight percent and maximum weight per unit within the product category is recorded. For each product the following calendar year records shall be maintained: 
 
1. The number of units produced;
 
2. The product's VOC content by weight per unit and percent weight; and
 
3. The approximate number of units sold in New Jersey.
 
(d) Records sufficient to provide the information required pursuant to (a)1 and 2 above shall be maintained by each manufacturer for five years after each calendar year for which the data is collected. Records sufficient to provide the information required pursuant to (a)3, (b) and (c) above shall be maintained by each manufacturer for three years after each calendar year for which the data is collected.
 
(e) Within 90 days of receipt of a written request by the Department, each manufacturer or distributor of a chemically formulated consumer product subject to this subchapter shall submit the requested information specified in (a), (b) or (c) above to the Department.
 
(f) A person who holds for sale, offers for sale, or sells any chemically formulated consumer product subject to this subchapter shall, within 30 days of receipt of a written request, identify the distributor, manufacturer, or other person from whom the consumer product was obtained to the Department.
 
(g) Within 30 days of a receipt of the Department's written request, the manufacturer of a charcoal lighter material product shall submit to the Department: 
 
1. Documentation for the product's certification issued by CARB or the air pollution agency of another state in accordance with 7:27-24.4(h); and
 
2. Any conditions of approval established by the agency that issued the certification.
 
(h) If the Department requests in writing that any manufacturer of a chemically formulated consumer product test any of its products that are sold, offered for sale, held for sale, distributed, supplied, or manufactured for sale in New Jersey to determine the VOC content of the product, the manufacturer shall submit the test report to the Department within 60 days of the manufacturer's receipt of the written request.
 
(i) For any record required to be kept or reported in accordance with this section, or that is used or relied on in accordance with this subchapter, no person shall create, alter, falsify, or otherwise modify such record, in such a way that the record does not accurately reflect the information it purports to present (for instance, the amount of product produced, the constituents used to manufacture a product, or the chemical composition of the individual product).
 
(j) IPE, ACP, and variance documentation shall be submitted to the Department in accordance with 7:27-24.4(k)5 and (l).
 (Administrative Correction. 
 See: 28 N.J.R. 851(a). 
 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. 7:27-24.6, Federal supersession, is repealed. 
 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 the introductory paragraph of (b); in (b)3vi, deleted "and" at the end; in (b)3vii(2) and (b)3x(1), inserted "specifically"; in (b)3xi, (b)3xi(1) and (b)3xi(2), substituted "propellant" for "propellent"; and in (j), updated the N.J.A.C. references.)