26.11.39.01

.01 Applicability and Exemptions.

A. Except as provided in žB of this regulation, this chapter applies to a person who:

(1) Supplies, sells, offers for sale, or manufactures an architectural coating for use within the State; or

(2) Uses or applies an architectural coating within the State.

B. This chapter does not apply to the following products:

(1) Any architectural coating that is supplied, sold, offered for sale or manufactured for:

(a) Use outside of the State; or

(b) Shipment to other manufacturers for reformulation or repackaging.

(2) Any aerosol coating product; or

(3) An architectural coating that is sold in a container with a volume of 1 liter (1.057 quart) or less, including kits of containers of different colors, types, or categories of coatings and two component products.

C. The exemption in §B(3) of this regulation does not include:

(1) Bundling of containers 1 liter or less, which are sold together as a unit; or

(2) Coatings with packaging or marketing which implies that multiple containers 1 liter or less be combined into one container.

D. The exemption in §B(3) of this regulation includes multiple containers of 1 liter or less that are packaged and shipped together, but are sold individually.

E. Except as provided in Regulation .04H of this chapter, this chapter is effective on January 1, 2017.