Section 48701 - DefinitionsFor purposes of this chapter, the following terms have the following meanings:
(a)(1) "Aerosol coating product" means a pressurized coating product containing pigments or resins dispensed by means of a propellant and packaged and sold in a disposable aerosol container for handheld application, or for use in specialized equipment for ground traffic or marking applications.(2) "Aerosol coating product" does not include paint thinner, paint remover, graffiti remover, caulking compounds that contain no appreciable level of opaque fillers or pigments, products subject to Article 1 (commencing with Section 94500) or Article 2 (commencing with Section 94507) of Subchapter 8.5 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations, or other nonaerosol coating products not regulated under Article 3 (commencing with Section 94520) of Subchapter 8.5 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations.(3) Aerosol coating products shall not be regulated under this chapter until the implementation date of a plan or plan amendment concerning aerosol coating products approved by the department pursuant to Section 48704, or January 1, 2027, whichever occurs sooner. The department may authorize an extension of this implementation date if the department determines the extension is necessary to implement the requirements of this chapter.(b) "Architectural paint" includes both of the following: (1) Interior and exterior architectural coatings, sold in containers of five gallons or less for commercial or homeowner use, but does not include coatings purchased for industrial or original equipment manufacturer use.(2) Aerosol coating products.(c) "Consumer" means a purchaser or owner of architectural paint, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity.(d) "Department" means the Department of Resources Recycling and Recovery.(e) "Distributor" means a person that has a contractual relationship with one or more manufacturers to market and sell architectural paint to retailers.(f) "Manufacturer" means a manufacturer of architectural paint.(g) "Postconsumer paint" means architectural paint not used by the purchaser.(h) "Retailer" means a person that sells architectural paint in the state to a consumer. A sale includes, but is not limited to, transactions conducted through sales outlets, catalogs, or the internet or any other similar electronic means.(i) "Stewardship organization" means a nonprofit organization created by the manufacturers to implement the architectural paint stewardship program described in Section 48703.Ca. Pub. Res. Code § 48701
Amended by Stats 2023 ch 848 (AB 1526),s 14, eff. 1/1/2024.Amended by Stats 2011 ch 603 (AB 408),s 16, eff. 10/8/2011.Added by Stats 2010 ch 420 (AB 1343),s 2, eff. 1/1/2011.