N.J. Admin. Code § 7:27-24.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:27-24.2 - Applicability

(a) This subchapter applies to any person who sells, offers for sale, holds for sale, distributes, supplies, or manufactures for sale in New Jersey any consumer product in (b) or (c) below and that is for use in New Jersey by a consumer or by a person who uses the product in providing a service. This subchapter also applies to any person who advertises any portable fuel container or spout for sale in New Jersey.

(b) This subchapter applies to the following consumer products, unless the product is excluded under (d) or (e) below:

1. A chemically formulated consumer product which belongs to any of the chemically formulated consumer products categories listed in Table 24A at N.J.A.C. 7:27-24.4(a); and

2. A portable fuel container and spout.

(c) Manufacturers of chemically formulated consumer products that are not covered by (b)1 above but that contain 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, shall comply with the recordkeeping requirements at N.J.A.C. 7:27-24.6(c) through (e) and (i). However, the manufacturers of such chemically formulated consumer products are not subject to the following requirements: N.J.A.C. 7:27- 24.4; 24.5; 24.6(a), (b), (f) through (h) and (j); and 24.7.

(d) This subchapter does not apply to the following chemically formulated consumer products:

1. Any architectural coating. Architectural coatings are subject to the requirements of N.J.A.C. 7:27-23; and coating operations that are part of manufacturing processes are subject to the requirements of N.J.A.C. 7:27-16;

2. Any bait station insecticide, if the bait is not more than 0.5 ounces by weight;

3. Any insecticide that contains at least 98 percent by weight paradichlorobenzene;

4. Before January 1, 2009, any solid air freshener that contains at least 98 percent by weight paradichlorobenzene.

5. Any air freshener consisting entirely of one or more of the following:

i. Fragrance;

ii. Inorganic compounds;

iii. Compounds excluded from the definition of "VOC," as set forth at N.J.A.C. 7:27-24.1; and

iv. Any "low vapor pressure VOC," as that term is defined at N.J.A.C. 7:27-24.1;

6. Any of the following adhesives:

i. An adhesive sold in a package holding one fluid ounce or less;

ii. A contact adhesive that is a non-aerosol product and that is sold in units of product, less packaging, which consist of more than one gallon;

iii. Either of the following adhesives, provided that it is a non-aerosol product and that it is sold in units of product, less packaging, which weigh more than one pound and consist of more than 16 fluid ounces:

(1) A construction, panel, and floor covering adhesive; and

(2) A general purpose adhesive; and

iv. A contact adhesive - special purpose that is sold in units of product, less packaging, that contain more than eight fluid ounces;

7. Any sealant and caulking compound, if the compound is sold in units of product, less packaging, which weigh more than one pound and consist of more than 16 fluid ounces; and

8. Any hospital or medical disinfectant.

(e) This subchapter does not apply to the following types of portable fuel containers:

1. A safety can meeting the requirements of Federal regulations at 29 CFR 1910.106;

2. A portable fuel container if the container has a nominal capacity less than or equal to one quart;

3. A rapid refueling device with nominal capacity greater than or equal to four gallons, if the device:

i. Is designed for use in officially sanctioned off-highway motor sports, such as car racing and motorcycle competitions;

ii. Creates a leak-proof seal against a target fuel tank; or

iii. Is designed to operate in conjunction with a receiver permanently installed on the target fuel tank;

4. A portable fuel tank manufactured specifically to deliver fuel through a hose attached between the portable fuel tank and the outboard engine for the purpose of operating the outboard engine; or

5. A closed-system portable fuel container that is used exclusively for fueling remote control model airplanes.

(f)N.J.A.C. 7:27-24.4(n) does not apply to a solvent cleaning machine or to liquid products that are designed, labeled, promoted and advertised (expressed or implied) solely for use in a solvent cleaning machine.

(g) The provisions at N.J.A.C. 7:27-24.4(a) and 24.8 do not apply to a consumer product that is manufactured in New Jersey, or that is sold in New Jersey by a manufacturer or a distributor, provided that:

1. The product is for shipment and use exclusively outside of New Jersey;

2. The manufacturer or distributor ensures that the product's shipping documentation includes a statement that the shipment is not for sale and use in New Jersey and gives its immediate shipping destination;

3. The manufacturer or distributor makes the shipping documentation available to the Department, upon written request, for any product it has shipped or received;

4. The manufacturer or distributor demonstrates, to the satisfaction of the Department, that it has taken reasonably prudent precautions to ensure that the product is not offered for sale, held for sale, sold, or otherwise supplied to a retail outlet or a consumer located in New Jersey; and

5. The manufacturer or a distributor does not offer for sale, hold for sale, sell, or otherwise supply any quantity of the product to a retail outlet located in New Jersey, and has not knowingly allowed or enabled another person to do so.

(h) No manufacturer shall be held liable for the sale of a consumer product that does not comply with the requirements of this subchapter to a consumer in New Jersey if:

1. The product was manufactured for use exclusively outside of New Jersey; and

2. The manufacturer meets each of the obligations listed in (g)2 through 5 above.

(i) A retailer who sells, offers for sale, or holds for sale in New Jersey a chemically formulated consumer product that violates the standards at N.J.A.C. 7:27-24.4 or a portable fuel container and/or spout that violates the certification requirements at N.J.A.C. 7:27-24.8(a) may demonstrate compliance with the applicable provisions of this subchapter, if the retailer provides any one or more of the following types of documentation with respect to its purchase of the consumer product, portable fuel container and/or spout in question:

1. Written communication between the retailer and the manufacturers and distributors that the retailer will accept only consumer products for sale in New Jersey that comply with N.J.A.C. 7:27-24;

2. Written agreements between the retailer and the manufacturers and distributors in which the manufacturers and distributors commit to supply to the retailer only consumer products that comply with N.J.A.C. 7:27-24; or

3. The retailer's use of invoices, purchase orders and other contractual and billing documents, which specify that the retailer will only accept consumer products that comply with N.J.A.C. 7:27-24.

N.J. Admin. Code § 7:27-24.2

Amended by R.2004 d.182, effective 5/3/2004 (operative June 6, 2004).
See: 35 N.J.R. 4241(b), 36 N.J.R. 2218(a).
Rewrote the section.
Amended by R.2008 d.366, effective 12/1/2008 (operative December 29, 2008).
See: 39 N.J.R. 4492(a), 40 N.J.R. 6769(a).
In (a), inserted the second sentence; in (d)3, deleted "air freshener or any" following "Any" and substituted "that" for "which"; added new (d)4; recodified former (d)4 and (d)5 as (d)5 and (d)6; in (d)6ii, deleted "and" at the end; in (d)6iii(2), inserted "and" at the end; added (d)6iv; recodified former (d)6 and (d)7 as (d)7 and (d)8; in (e)1, substituted "CFR 1910.106" for "C.F.R. 1926"; in (e)3i, inserted "motor sports, such as car racing and"; in (e)3iii, deleted "or" at the end; in (e)4, inserted "; or" at the end; added (e)5; added new (f); recodified former (f), (g) and (h) as (g), (h) and (i); in (h)2, substituted "(g)2" for "(f)2"; and rewrote (i).