Subchapter D. ADHESIVES, SEALANTS, PRIMERS AND SOLVENTS
GENERAL PROVISIONS Sec.
130.701. Applicability.
130.702. Emission standards.
130.703. Exemptions and exceptions.
130.704. Recordkeeping requirements.
130.705. Compliance procedures and test methods.
130.706. Container labeling.
130.707. Product dating.
130.708. Sell-through of products.
Authority The provisions of this Subchapter D issued under section 5 of the Air Pollution Control Act (35 P. S. § 4005), unless otherwise noted.
Source The provisions of this Subchapter D adopted December 24, 2010, effective December 25, 2010, 40 Pa.B. 7340, unless otherwise noted.
Cross References This subchapter cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.67a (relating to control of VOC emissions from flexible packaging printing presses); 25 Pa. Code § 129.67b (relating to control of VOC emissions from offset lithographic printing presses and letterpress printing presses); and 25 Pa. Code § 129.74 (relating to control of VOC emissions from fiberglass boat manufacturing materials).
GENERAL PROVISIONS
§ 130.701. Applicability.
(a) Except as provided in § 130.703 (relating to exemptions and exceptions), this subchapter applies to a person who, on or after January 1, 2012, sells, supplies, offers for sale or manufactures for sale for use or application in this Commonwealth one or more of the following products subject to this subchapter:
(1) An adhesive, sealant, adhesive primer or sealant primer product.
(2) An adhesive or sealant product applied to particular substrates.
(3) A surface preparation solvent or cleanup solvent product.
(b) Except as provided in § 130.703, this subchapter applies to a person who, on or after January 1, 2012, uses or applies for compensation within this Commonwealth one or more of the following products subject to this subchapter:
(1) An adhesive, sealant, adhesive primer or sealant primer product.
(2) An adhesive or sealant product applied to particular substrates.
(3) A surface preparation solvent or cleanup solvent product.
§ 130.702. Emission standards.
(a) Except as provided in § 130.703 (relating to exemptions and exceptions), a person may not sell, supply, offer for sale or manufacture for sale for use or application in this Commonwealth one or more of the following products:
(1) An adhesive, sealant, adhesive primer or sealant primer product manufactured on or after January 1, 2012, which contains VOCs in excess of the applicable VOC content limit specified in Table I.
(2) An adhesive or sealant product manufactured on or after January 1, 2012, if it is sold, supplied, offered for sale or manufactured to be applied in this Commonwealth to a substrate listed in Table II and it contains VOCs in excess of the applicable VOC content limit specified in Table II.
(b) Except as provided in § 130.703, a person may not use or apply for compensation within this Commonwealth one or more of the following products:
(1) An adhesive, sealant, adhesive primer or sealant primer product manufactured on or after January 1, 2012, which contains VOCs in excess of the applicable VOC content limit specified in Table I.
(2) An adhesive or sealant product manufactured on or after January 1, 2012, applied to a substrate listed in Table II if the product contains VOCs in excess of the applicable VOC content limit specified in Table II.
(c) On and after January 1, 2012, the VOC content limits in Table II for adhesives or sealants applied to particular substrates apply as follows:
(1) If a person uses or applies an adhesive or sealant subject to a specific VOC content limit in Table I, the specific limit is applicable rather than the adhesive-to-substrate limit in Table II.
(2) If a person uses or applies an adhesive to bond dissimilar substrates together, the applicable substrate category with the highest VOC content is the limit for this use.
(d) On and after January 1, 2012, a person subject to this subchapter using or applying a surface preparation solvent or cleanup solvent may not:
(1) Except as provided in paragraph (2) for single-ply roof membrane, use materials containing VOCs for surface preparation, unless the VOC content of the surface preparation solvent is less than 70 grams per liter of material or 0.6 pound of VOC per gallon of material.
(2) If a surface preparation solvent is used in applying single-ply roof membrane, use materials containing VOCs for surface preparation, unless the composite partial vapor pressure, excluding water and exempt compounds, of the surface preparation solvent is less than or equal to 45 mm mercury at 20° C.
(3) Except as provided in subsection (e), use materials containing VOCs for the removal of adhesives, sealants or adhesive or sealant primers from surfaces, other than from the parts of spray application equipment, unless the composite partial vapor pressure of the solvent used is less than or equal to 45 mm mercury at 20° C.
(e) On and after January 1, 2012, the removal of an adhesive, sealant, adhesive primer or sealant primer from the parts of spray application equipment shall be performed by one or more of the following methods:
(1) Using an enclosed cleaning system or equivalent cleaning system, as determined by the test method identified in § 130.705(h) (relating to compliance procedures and test methods).
(2) Using a solvent with a VOC content less than or equal to 70 grams of VOC per liter of material or 0.6 pound of VOC per gallon of material.
(3) Soaking parts containing dried adhesive in a solvent if the composite partial vapor pressure of the solvent, excluding water and exempt compounds, is less than or equal to 9.5 mm mercury at 20° C and the parts and solvent are in a closed container that remains closed except when adding parts to or removing parts from the container.
(f) On and after January 1, 2012, a person who uses or applies adhesives, sealants, adhesive primers, sealant primers, surface preparation solvents or cleanup solvents subject to this subchapter shall store or dispose of all absorbent materials, including cloth or paper, which are moistened with adhesives, sealants, primers or solvents subject to this subchapter, in nonabsorbent containers at the facility or location of use that are kept closed except when placing materials in or removing materials from the container.
(g) A person may not solicit, require or specify the use or application of an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent if the use or application would result in a violation of this subchapter. The prohibition of this subsection applies to all written or oral contracts created on or after January 1, 2012, under which an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent subject to this subchapter is to be used or applied at a location in this Commonwealth.
(h) On and after January 1, 2012, a person who, for compensation, uses or applies an adhesive, sealant, adhesive primer or sealant primer in this Commonwealth may not add solvent to the adhesive, sealant, adhesive primer or sealant primer in an amount in excess of the manufacturer’s recommendation for application, if this addition causes the adhesive, sealant, adhesive primer or sealant primer to exceed the applicable VOC content limit listed in Table I or II.
Table I. VOC Content Limits for Adhesives, Sealants, Adhesive Primers and Sealant Primers, As Applied
Adhesive, sealant, adhesive primer or
sealant primer categoryVOC content limit (pounds VOC per gallon, less water and exempt compounds)* VOC content limit (grams VOC per liter, less water and exempt compounds)* Adhesives ABS welding 3.3 400 Ceramic tile installation 1.1 130 Computer diskette jacket manufacturing 7.1 850 Contact bond 2.1 250 Cove base installation 1.3 150 CPVC welding 4.1 490 Indoor floor covering installation 1.3 150 Metal to urethane/rubber molding or casting 7.1 850 Multipurpose construction 1.7 200 Nonmembrane roof installation/repair 2.5 300 Outdoor floor covering installation 2.1 250 Perimeter bonded sheet vinyl flooring installation 5.5 660 Plastic cement welding, other than ABS, CPVC or PVC welding 4.3 510 PVC welding 4.3 510 Sheet rubber installation 7.1 850 Single-ply roof membrane installation/ repair 2.1 250 Structural glazing 0.8 100 Thin metal laminating 6.5 780 Tire retread 0.8 100 Waterproof resorcinol glue 1.4 170 Sealants Architectural 2.1 250 Marine deck 6.3 760 Nonmembrane roof installation/repair 2.5 300 Roadway 2.1 250 Single-ply roof membrane 3.8 450 Other 3.5 420 Adhesive Primers Automotive glass 5.8 700 Plastic cement welding 5.4 650 Single-ply roof membrane 2.1 250 Traffic marking tape 1.3 150 Other 2.1 250 Sealant Primers Marine deck 6.3 760 Nonporous architectural 2.1 250 Porous architectural 6.5 775 Other 6.3 750 *The VOC content is determined as the weight of VOC per volume of product, less water and exempt compounds, as specified in § 130.705(j) and (k) or as the weight of VOC per volume of product, as specified in § 130.705(l).
Table II. VOC Content Limits for Adhesive or Sealant Products Applied to Particular Substrates, As Applied
Adhesive or Sealant Products
Applied to the Listed SubstrateVOC content limit (pounds VOC per gallon, less water and exempt compounds)* VOC content limit (grams VOC per liter, less water and exempt compounds)* Fiberglass 1.7 200 Flexible vinyl 2.1 250 Metal 0.3 30 Porous material 1.0 120 Rubber 2.1 250 Other substrates 2.1 250 *The VOC content is determined as the weight of VOC per volume of product, less water and exempt compounds, as specified in § 130.705(j) and (k) or as the weight of VOC per volume of product, as specified in § 130.705(l).
Cross References This section cited in 25 Pa. Code § 121.1 (relating to definitions); and 25 Pa. Code § 130.705 (relating to compliance procedures and test methods).
§ 130.703. Exemptions and exceptions.
(a) This subchapter does not apply to the use, application, sale, supply, offer for sale or manufacture for sale for use in this Commonwealth of the following compounds or products:
(1) Adhesives, sealants, adhesive primers or sealant primers being tested or evaluated in a research and development, quality assurance or analytical laboratory, if records are maintained as required under § 130.704 (relating to recordkeeping requirements).
(2) Adhesives, sealants, adhesive primers or sealant primers that are subject to other sections in this chapter or Chapter 129 (relating to standards for sources).
(3) Adhesives and sealants that contain less than 20 grams of VOC per liter of adhesive or sealant, less water and less exempt compounds, as applied.
(4) Cyanoacrylate adhesives.
(5) Adhesives, sealants, adhesive primers or sealant primers that are sold or supplied by the manufacturer or supplier in containers with a net volume of 16 fluid ounces or less, or a net weight of 1 pound or less, except plastic cement welding adhesives and contact adhesives.
(6) Contact adhesives that are sold or supplied by the manufacturer or supplier in containers with a net volume of 1 gallon or less.
(b) This subchapter does not apply to the use, application, sale, supply, offer for sale or manufacture for sale for use in this Commonwealth of adhesives, seal-ants, adhesive primers, sealant primers, surface preparation solvents or cleanup solvents in the following operations:
(1) Tire repair operations, if the label of the adhesive states, ‘‘For tire repair only.’’
(2) The assembly, repair and manufacture of aerospace components or undersea-based weapons systems.
(3) The manufacture of medical equipment.
(4) Plaque laminating operations in which adhesives are used to bond clear, polyester acetate laminate to wood with lamination equipment installed prior to July 1, 1992. A person claiming an exemption under this paragraph shall record and maintain operational records sufficient to demonstrate compliance with this exemption, in accordance with § 130.704.
(c) This subchapter does not apply to an adhesive, sealant, adhesive primer or sealant primer product if the manufacturer or distributor of the product makes and keeps records demonstrating both of the following:
(1) The adhesive, sealant, adhesive primer or sealant primer product is intended for shipment and use outside of this Commonwealth.
(2) The manufacturer or distributor has taken reasonably prudent precautions to assure that the adhesive, sealant, adhesive primer or sealant primer product is not distributed to or within this Commonwealth.
(d) The exemption in subsection (c) does not apply to an adhesive, sealant, adhesive primer or sealant primer product that is sold, supplied or offered for sale to a retail outlet in this Commonwealth.
(e) This subchapter does not apply to an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent product that is sold or supplied for use or application as part of a manufacturing process at a facility subject to the requirements of § 129.77 (relating to control of emissions from the use or application of adhesives, sealants, primers and solvents).
(f) This subchapter does not apply to an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent used or applied in either of the following situations:
(1) At a private residence for a noncommercial purpose.
(2) By a person who is not seeking compensation.
Authority The provisions of this § 130.703 amended under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P. S. § 4005(a)(1) and (8)).
Source The provisions of this § 130.703 amended June 27, 2014, effective June 28, 2014, 44 Pa.B. 3929. Immediately preceding text appears at serial pages (355247) to (355248).
Cross References This section cited in 25 Pa. Code § 130.701 (relating to applicability); 25 Pa. Code § 130.702 (relating to emission standards); and 25 Pa. Code § 130.704 (relating to recordkeeping requirements).
§ 130.704. Recordkeeping requirements.
(a) On and after January 1, 2012, a person who sells, supplies, offers for sale or manufactures for sale for use in this Commonwealth an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent product subject to this subchapter shall maintain records demonstrating compliance with this subchapter, including the following information:
(1) A data sheet or material list which provides the material name, manufacturer identification and material application for each product.
(2) The VOC content of each product, as supplied.
(3) The number of gallons of product sold in this Commonwealth.
(b) On and after January 1, 2012, a person who uses or applies an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent product subject to this subchapter shall maintain records demonstrating compliance with this subchapter, including the following information:
(1) A list of each adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent and cleanup solvent product in use and in storage.
(2) A data sheet or material list which provides the product name, manufacturer identification and use or material application for each product included on the list required under paragraph (1).
(3) The VOC content of each product on the list required under paragraph (1), as supplied.
(4) Catalysts, reducers or other components used and the mix ratio.
(5) The VOC content or vapor pressure of each product on the list required under paragraph (1), as applied, if solvent or other VOC is added to the product before application.
(6) The monthly volume used of each product on the list required under paragraph (1).
(c) For an adhesive, sealant, adhesive primer and sealant primer product subject to the laboratory testing exemption of § 130.703(a)(1) (relating to exemptions and exceptions), on and after January 1, 2012, the person conducting the testing shall make and maintain records of all materials used, including the following information:
(1) The product name.
(2) The product category of the material or type of application.
(3) The VOC content of the material.
(d) Records made to determine compliance with this subchapter shall be:
(1) Maintained for 5 years from the date the record is created.
(2) Made available to the Department upon receipt of a written request.
Cross References This section cited in 25 Pa. Code § 130.703 (relating to exemptions and exceptions).
§ 130.705. Compliance procedures and test methods.
(a) Except as otherwise provided in this section, the VOC and solids content of nonaerosol adhesives (including one-part moisture cure urethane adhesives and silicone adhesives), sealants, adhesive primers, sealant primers, surface preparation solvents and cleanup solvents shall be determined using one of the following:
(1) EPA Reference Method 24, Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings, found at 40 CFR 60, Subpart D, Appendix A, including updates and revisions.
(2) SCAQMD Method 304, Determination of Volatile Organic Compounds (VOC) in Various Materials, SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765 USA, including updates and revisions.
(b) The weight volatile matter content and weight solids content for one-part or multiple part reactive adhesives, except one-part moisture cure urethane adhesives and silicone adhesives, shall be determined using the EPA Reference Method, Determination of Weight Volatile Matter Content and Weight Solids Content of Reactive Adhesives, found at 40 CFR 63, Subpart PPPP, Appendix A, including updates and revisions.
(c) The identity and concentration of exempt organic compounds shall be determined using one of the following:
(1) ASTM D4457, Standard Test Method for Determination of Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings by Direct Injection into a Gas Chromatograph, ASTM International, 100 Barr Harbor Drive, P. O. Box C700, West Conshohocken, PA 19428-2959 USA, including updates and revisions.
(2) SCAQMD Method 303, Determination of Exempt Compounds, SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765 USA, including updates and revisions.
(d) The VOC content of a plastic cement welding adhesive or primer shall be determined using SCAQMD Method 316A, Determination of Volatile Organic Compounds (VOC) in Materials Used for Pipes and Fittings, SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765 USA, including updates and revisions.
(e) To determine if a diluent is a reactive diluent, the percentage of the reactive organic compound that becomes an integral part of the finished material shall be determined using SCAQMD Method 316A, Determination of Volatile Organic Compounds (VOC) in Materials Used for Pipes and Fittings, SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765 USA, including updates and revisions.
(f) The composite partial vapor pressure of organic compounds in cleaning materials shall be determined by the following procedure:
(1) Quantifying the amount of each compound in the blend using gas chromatographic analysis, using the following methods:
(i) ASTM E260, Standard Practice for Packed Column Gas Chromatography, ASTM International, 100 Barr Harbor Drive, P. O. Box C700, West Conshohocken, PA 19428-2959 USA, for organic content, including updates and revisions.
(ii) ASTM D3792, Standard Test Method for Water Content of Coatings by Direct Injection Into a Gas Chromatograph, ASTM International, 100 Barr Harbor Drive, P. O. Box C700, West Conshohocken, PA 19428-2959 USA, for water content, including updates and revisions.
(2) Calculating the composite partial vapor pressure using the following equation:
n
SIGMA (Wi)(VPi)/MWi
i=1
PPc =
kn
Ww/MWw + SIGMA We/MWe + SIGMA Wi/MWi
e=1i=1
Where:
PPc = VOC composite partial vapor pressure at 20° C, in mm mercury.
Wi = Weight of the ‘‘i’’th VOC compound, in grams, as determined by ASTM E260.
Ww = Weight of water, in grams, as determined by ASTM D3792.
We = Weight of the ‘‘e’’th exempt compound, in grams, as determined by ASTM E260.
MWi = Molecular weight of the ‘‘i’’th VOC compound, in grams per g-mole, as given in chemical reference literature.
MWw = Molecular weight of water, in grams per g-mole (18 grams per g-mole).
MWe = Molecular weight of the ‘‘e’’th exempt compound, in grams per g-mole, as given in chemical reference literature.
VPi = Vapor pressure of the ‘‘i’’th VOC compound at 20° C, in mm mercury, as determined by subsection (f).
(g) The vapor pressure of each single component compound shall be determined from one or more of the following:
(1) ASTM D2879, Standard Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, ASTM International, 100 Barr Harbor Drive, P. O. Box C700, West Conshohocken, PA 19428-2959 USA, including updates and revisions.
(2) The most recent edition of one or more of the following sources:
(i) Vapour Pressures of Pure Substances, Boublik, Elsevier Scientific Publishing Company, New York.
(ii) Perry’s Chemical Engineers’ Handbook, Green and Perry, McGraw-Hill Book Company.
(iii) CRC Handbook of Chemistry and Physics, CRC Press.
(iv) Lange’s Handbook of Chemistry, McGraw-Hill Book Company.
(v) Additional sources approved by the SCAQMD or other California air districts.
(h) The active and passive solvent losses from the use of an enclosed spray gun cleaning system or equivalent cleaning system, as listed in § 130.702(e)(1) (relating to emission standards), shall be determined using the SCAQMD method, General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems, dated October 3, 1989, SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765 USA, including updates and revisions.
(1) The test solvent for this determination shall be a lacquer thinner with a minimum vapor pressure of 105 mm of mercury at 20° C.
(2) The minimum test temperature shall be 15° C.
(i) Another test method may be used to determine the VOC or solids content of a product if the request for approval of the test method meets the following requirements:
(1) The request is submitted to the Department in writing.
(2) The request demonstrates that the test method provides results that accurately determine the concentration of VOCs in the product or its emissions.
(3) The Department approves the request in writing.
(j) For adhesive, sealant or primer products that do not contain reactive diluents, grams of VOC per liter of product thinned to the manufacturer’s recommendation, less water and exempt compounds, shall be calculated according to the following equation:
Grams of VOC per liter of product, as applied = Ws - Ww - We
Vm - Vw - VeWhere:
Ws = weight of volatile compounds, in grams.
Ww = weight of water, in grams.
We = weight of exempt compounds, in grams.
Vm = volume of material, in liters.
Vw = volume of water, in liters.
Ve = volume of exempt compounds, in liters.
(k) For adhesive, sealant or primer products that contain reactive diluents, the VOC content of the product is determined after curing. The grams of VOC per liter of product thinned to the manufacturer’s recommendation, less water and exempt compounds, shall be calculated according to the following equation:
Grams of VOC per liter of product, as applied = Wrs - Wrw - Wre
Vrm - Vrw - VreWhere:
Wrs = weight of volatile compounds not consumed during curing, in grams.
Wrw = weight of water not consumed during curing, in grams.
Wre = weight of exempt compounds not consumed during curing, in grams.
Vrm = volume of material not consumed during curing, in liters.
Vrw = volume of water not consumed during curing, in liters.
Vre = volume of exempt compounds not consumed during curing, in liters.
(l) For low-solids adhesive, sealant or primer products, grams of VOC per liter of product thinned to the manufacturer’s recommendation, including water and exempt compounds, shall be calculated according to the following equation:
Grams of VOC per liter of product, as applied = Ws - Ww - We
VmWhere:
Ws = weight of volatile compounds, in grams.
Ww = weight of water, in grams.
We = weight of exempt compounds, in grams.
Vm = volume of material, in liters.
(m) Percent VOC by weight shall be calculated according to the following equation:
% VOC by weight = [(Wv/W)] x 100
Where:
Wv = weight of VOCs in grams.
W = weight of material in grams.
(n) To convert from grams per liter (g/l) to pounds per gallon (lb/gal), multiply the result (VOC content) by 8.345 x 10-3 (lb/gal/g/l).
Cross References This section cited in 25 Pa. Code § 130.702 (relating to emission standards); and 25 Pa. Code § 130.706 (relating to container labeling).
§ 130.706. Container labeling.
On and after January 1, 2012, each manufacturer of an adhesive, sealant, adhesive primer or sealant primer product subject to this subchapter shall display the following information on the product container or label:
(1) A statement of the manufacturer’s recommendation regarding thinning, reducing or mixing of the product, except that:
(i) This requirement does not apply to the thinning of a product with water.
(ii) If thinning of the product prior to use is not necessary, the recommendation must specify that the product is to be applied without thinning.
(2) The maximum or the actual VOC content of the product as supplied, displayed as one of the following:
(i) Weight of VOC per volume of product, less water and exempt compounds, calculated in accordance with § 130.705(j) and (k) (relating to compliance procedures and test methods).
(ii) Weight of VOC per volume of product, calculated in accordance with § 130.705(l).
(3) The maximum or the actual VOC content of the product as applied, which includes the manufacturer’s maximum recommendation for thinning, displayed as one of the following:
(i) Weight of VOC per volume of product, less water and exempt compounds, calculated in accordance with § 130.705(j) and (k).
(ii) Weight of VOC per volume of product, calculated in accordance with § 130.705(l).
§ 130.707. Product dating.
(a) Product dating requirements.
(1) Each manufacturer of an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent product subject to this subchapter shall clearly display on each 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 product container or package before the 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 or cap so that it is readily observable or obtainable (by simply removing the cover or cap) 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 other than the code described in subsection (a)(2) indicating the date of manufacture for an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent product subject to this subchapter, the manufacturer must file an explanation of the date portion of the code with the Department before the 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 product subject to paragraph (1), the manufacturer must file an explanation of the modified code with 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.
Cross References This section cited in 25 Pa. Code § 130.708 (relating to sell-through of products).
§ 130.708. Sell-through of products.
(a) Sell-through period. An adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent product subject to this subchapter and manufactured prior to January 1, 2012, may be sold, supplied or offered for sale on or after January 1, 2012.
(b) No date or date code. This section does not apply to an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent product subject to this subchapter that does not display on the product container or package the date on which the product was manufactured, or a code indicating the date, in accordance with § 130.707 (relating to product dating).
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