N.J. Admin. Code § 7:27-23.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:27-23.5 - Labeling requirements

(a) The manufacturer of an architectural coating subject to this subchapter shall display on the coating container's label, bottom or lid, the date the coating was manufactured, or a date code representing the date of manufacture. If the manufacturer uses a date code for any coating, the manufacturer shall file an explanation of each code in accordance with 7:27-23.6(c).

(b) The manufacturer of an architectural coating subject to this subchapter shall display the following information on the coating container label or lid:

1. A statement of the manufacturer's recommendation regarding thinning of the coating, except that:

i. This requirement does not apply to the thinning of architectural coatings with water; and

ii. If thinning of the coating prior to use is not necessary, the recommendation must specify that the coating is to be applied without thinning;

2. The maximum or the actual VOC content of the coating in accordance with 7:27-23.4, which includes the manufacturer's maximum recommendation for thinning, shall be provided as follows:

i. For a coating manufactured prior to January 1, 2005, the VOC content shall be displayed in grams of VOC per liter of coating or pounds of VOC per gallon of coating; and

ii. For a coating manufactured on or after January 1, 2005, the VOC content shall be displayed in grams of VOC per liter of coating;

3. For an industrial maintenance coating, one or more of the following statements:

i. "For industrial use only";

ii. "For professional use only"; and/or

iii. "Not for residential use" or "Not intended for residential use";

4. For clear brushing lacquers manufactured on and after January 1, 2005, the statements "For brush application only" and "This product must not be thinned or sprayed" shall be prominently displayed;

5. For rust preventative coatings manufactured on and after January 1, 2005, the statement "For metal substrates only" shall be prominently displayed;

6. For a specialty primer, sealer, or undercoater manufactured on and after January 1, 2005, one or more of the following statements shall be prominently displayed:

i. "For blocking stains";

ii. "For fire-damaged substrates";

iii. "For smoke-damaged substrates";

iv. "For water-damaged substrates"; and/or

v. "For excessively chalky substrates";

7. For a quick dry enamel manufactured on or after January 1, 2005, the following:

i. The statement "Quick dry" shall be prominently displayed; and

ii. A statement of the time it takes for the enamel to dry hard; and

8. For a non-flat high gloss coating manufactured on or after January 1, 2005, the statement "High gloss" shall be prominently displayed.

(c) For a coating manufactured on or after January 1, 2005, the manufacturer of an architectural coating, that is "formulated and recommended" for a specific use as specified in the definition of the particular architectural coating in 7:27-23.2, shall display such recommended use on the coating container's label.

(d) Prior to January 1, 2005 only, the provisions of this subchapter shall not apply to any architectural coating registered under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq., provided that:

1. The manufacturer has filed an application for any registration amendment necessary for compliance with this subchapter with EPA;

2. A copy of this application was submitted by the manufacturer to the Assistant Director, Enforcement Element, Division of Environmental Quality, PO Box 027, Trenton, New Jersey 08625-0027 by August 31, 1990;

3. Within 30 calendar days of receipt of notice of EPA action on an amendment request, a copy of that notice was supplied to the Assistant Director, Enforcement Element, at the address specified above; and

4. Within 180 calendar days of the receipt of an approval of any necessary change, the manufacturer began use of the complying product or label.

N.J. Admin. Code § 7:27-23.5

Amended by R.1989 d.568, effective 11/6/1989 (operative December 12, 1989).
See: 21 New Jersey Register 1055(a), 21 New Jersey Register 3488(a).
New (c) added and (c) recodified to (d) with provisions for applications for amended registrations to be filed with EPA.
Amended by R.1990 d.342, effective 7/16/1990.
See: 21 New Jersey Register 3360(a), 22 New Jersey Register 2145(b).
Location and print size of information specified; (a)2 and (b) deleted; new (a)2, (b) and (c) added; FIFRA manufacturers required to submit data to DEP; six months between approval and use of labels allowed in (e).
Administrative Correction in (a)2 changing the date from February 28 to August 9, 1991 for the statement; and change type size from 12 to eight.
See: 23 New Jersey Register 303(a).
Amended by R.1992 d.102, effective 3/2/1992 (operative March 28, 1992).
See: 23 New Jersey Register 1858(b), 24 New Jersey Register 792(a).
"VOS" replaced by "VOC".
Amended by R.2004 d.236, effective 6/21/2004 (operative July 20, 2004).
See: 35 New Jersey Register 2983(a), 35 New Jersey Register 4241(a), 36 New Jersey Register 3078(a).
Rewrote the section.