ADMINISTRATIVE REQUIREMENTS
§ 130.371. Product dating.
(a) Product dating requirements.
(1) Each manufacturer of a consumer product subject to § § 130.211—130.217 (relating to standards) shall clearly display on each consumer product container or package, the day, month and year on which the product was manufactured, or a code indicating that date.
(2) A manufacturer who uses the following code to indicate the date of manufacture will not be subject to the requirements of subsection (b)(1), if the code is represented separately from other codes on the product container so that it is easily recognizable:
YY DDD = year year day day day
where,
YY = two digits representing the year in which the product was manufactured
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 (that is, the ‘‘Julian date’’).
(3) The product date or date-code required by this section must be displayed on each consumer product container or package before the consumer product is sold, supplied or offered for sale in this Commonwealth.
(4) The date or date-code information must be located on the container or inside the cover/cap so that it is readily observable or obtainable (by simply removing the cap/cover) without irreversibly disassembling a part of the container or packaging.
(5) For the purposes of this subsection, information may be displayed on the bottom of a container as long as it is clearly legible without removing any product packaging.
(6) The requirements of this subsection do not apply to products containing either of the following:
(i) No VOCs.
(ii) VOCs at 0.10% by weight or less.
(b) Additional product dating requirements.
(1) If a manufacturer uses a code indicating the date of manufacture for a consumer product subject to § § 130.211—130.217, an explanation of the date portion of the code must be filed with the Department before the consumer product is sold, supplied or offered for sale in this Commonwealth.
(2) If a manufacturer changes a code indicating the date of manufacture for a consumer product subject to paragraph (1), an explanation of the modified code must be submitted to the Department before products displaying the modified code are sold, supplied or offered for sale in this Commonwealth.
(3) A person may not erase, alter, deface or otherwise remove or make illegible a date or code indicating the date of manufacture from a regulated product container without the express authorization of the manufacturer.
(4) Date code explanations for codes indicating the date of manufacture are public information and may not be claimed as confidential.
Authority The provisions of this § 130.371 amended under section 5 of the Air Pollution Control Act (35 P. S. § 4005).
Source The provisions of this § 130.371 amended October 10, 2008, effective October 11, 2008, 38 Pa.B. 5598. Immediately preceding text appears at serial pages (291992) to (291993).
Cross References This section cited in 25 Pa. Code § 130.217 (relating to sell-through of products); 25 Pa. Code § 130.334 (relating to products registered under FIFRA); and 25 Pa. Code § 130.373 (relating to additional labeling requirements for aerosol adhesives).
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