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7/28/2019 Frequently Asked Questions - CARB Internet Site

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Frequently Asked Questions

California Air Recourses Board

http://www.arb.ca.gov/toxics/compwood/implementation/faq.htm#C._Emission_Testing

Note to Reader: The following color coding is to denote modifications to Version #4 of the FAQs

Green = existing FAQs

Red = new FAQs

Blue = changes made to existing FAQs

C. Emiss ion Testing

35. Wil l CARB accept E1 boards as meeting the Phase 1 standard?

No. While CARBs Phase 1 standards are comparable to E1 emission levels for particleboard

and medium density fiberboard, differences in the test methods and the amount of in-plant

qualityassurance testing done in Europe varies considerably from CARBs requirements. Even

if boards meet the E1 standard, the mills producing those boards would need to be certified by

an independent organization and have test data to show that it also meets the CARB Phase 1

standard using the primary or secondary test method, if they are offered for sale in California as

panels or in finished goods. In the 2010-2012 time frame, when our Phase 2 standards take

effect, composite wood products are required to have emission levels well below E1 to be

acceptable for sale in California.

F. Impo rts

49. Wil l European pro ducers and fur niture makers be able to meet CARB lim itat ions?

We believe that they will. It is our understanding that some European companies presently offer

for sale selected products that meet the European E1 standard. Many European companies are

well positioned for compliance because composite wood products that meet E1 standards will

likely meet the Phase 1 ATCM emission standard. However, composite wood panels produced

by European manufacturers that meet the applicable Phase 1 and Phase 2 standards still need

to obtain third party certification emission testing in order to sell into the California market.

50. Testing of impo rted produ cts needs to b e done on a scale that is statist ical ly

signif icant. How is CARB planning to address imports ?

Please see the responses to the enforcement-related questions above.
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G. Labeling

51. In som e upholstered produ cts, the frame is cut from plywo od, but the produ cts are

covered in material . Where wo uld such pro ducts be labeled as compliant f in ished

goods?

It is largely up to the fabricator as to how to label the upholstered product - the label (e.g., tag

and statement on the invoice) could be affixed with a staple and must clearly state that the

product is legal for sale in California.

52. Is label ing the packaging on bu lk products perm itted?

For example, can a single label be attached to the outer packaging material of a skid of work

surfaces? The ATCM requires that a label shall be applied on every finished good produced, or

on every box containing finished goods. One label on the box will comply with the ATCM;

however, we strongly recommend that the box and finished goods both be labeled to aid in

enforcement.

53. Can the label identifying the manufacturers name and the date of manufacture be a

separate label from th e label that states that the prod uct w as made with Phase 1 or

Phase 2 compliant hardwoo d plywo od, part ic leboard, and/or medium d ensity

f iberboard?

Separate labels can be used to identify fabricator name, production date, and that the finished

good was made with complying composite wood products, as long as the labels are all visible

(e.g., inside a cabinet door or on the back of a credenza).

54. If an unbo xed or blanket-wrapped chair, desk, and shelving unit w ere packed on a

single skid, wo uld a single label st i l l apply?

(Each product might contain different compliant materials.) If three different finished goods

were all packed on a single skid, each would need a separate label.

55. What is the expectat ion for label ing if the finished produ ct contains comp onents from

various board manufacturers? Hypothetical ly, an order for 10,000 bookcases involves 3

mil ls and 5 dates of bo ard manufacture (i .e., productio n). What level of traceabi l i ty is

acceptable? Is it suff ic ient to l ist the mil ls that provide board produ ct for any of tho se

10,000 bookc ases?


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The label for finished goods only require the fabricator name, production date, and a marking or

brief statement to denote that the product complies with the applicable Phase 1 or Phase 2

emission standard in section 93120.2 (a) (or that the composite wood products in the finished

good were made with no-added formaldehyde (NAF) or ultra-low emitting formaldehyde (ULEF)

resins. The fabricator label does not need to include the name of the panel manufacturer. Thefabricator needs to keep records of panel purchases to demonstrate that all composite wood

products used in the finished good complies with the ATCM. Records on the amount of

composite wood used to make finished goods would need to reasonably match the amount of

complying composite wood purchased from the composite wood product mills.

56. When can a manufacturer of part ic leboard, hardwo od plywo od, and medium density

f iberboard off ic ial ly designate their compo site wood pro ducts as CARB-compliant (or

refer to their low-emitt ing pr oduct s) on their boards?

Manufacturers cannot officially label their products as CARB-compliant, or refer to their productas low-emitting, until they have been approved to do so by a CARB-approved third party certifier

and, in the case of low-emitting product, by the CARB Executive Officer.

57. If a fabricator (e.g., a furniture or c abinet maker) makes a finished go od during their

se l l- through per iod w ith non-comply ing c omposi te wood, how should such a fabricator

com ply with the label ing requirement in the ATCM?

The labeling requirement applies to finished goods made with composite wood that complies

with one of the emissions standards. In this case, the cabinet maker should not label the

cabinets as complying. The cabinet maker should keep records to be able to demonstrate thatthe composite wood used in making cabinets was legal for use under the sell-through provisions

of the ATCM. These records should includeinvoices for the composite wood purchased either

prior to the applicable effective dates or during a manufacturers, importers, or distributors sell-

through period beyond the effective dates. In the latter case, there should be documentation

from the manufacturer, importer, or distributor that the composite wood was produced before

the applicable effective date. (See FAQs regarding sell-through provisions.)

58. Since the enforcement o f the rule b egan January 1st, 2009, I would l ik e to kn ow if there

is an of f ic ial logo w e could look for to show ou r customers that the products w e are

imp ort ing/distr ibutin g are com pliant?

The regulation requirements on labeling do not require the use of any logo. These provisions

are contained in section 93120.7(d)(1), and require that the label include: the name of the

fabricator, the date of production and a short statement to indicate whether Phase 1 or Phase 2

emissions are being met in the finished good.


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59. Is there a set label that should be applied?

There is no set requirement or restriction on the label material in the regulation. For more

information on labeling requirements, including example labels, please refer to our enforcementadvisory, available athttp://www.arb.ca.gov/toxics/compwood/outreach/advisories.htm.

60. We receive bund les of com posite wood pro ducts su ch as hardw ood plyw ood, which

are broken dow n to several custom ers. What label ing requirements do we have?

If a group of items are labeled and then divided and distributed separately, each separate item

must be labeled with the same information as required on the original label. It would be

acceptable if you take the label that was affixed to the original bundle or shipping pallet,

photocopy the label and affix one to each subset created.

61. A final f in ished product m ay be composed of num erous small pieces of wood ,

potential ly from various vendors. How mu ch detai l is required to docum ent the chain of

custody?

That is, can chain-of-custody be established for each batch of material used before the different

pieces are combined into the final product? Or does each individual piece in each final product

need a chain of custody? At a minimum, records must be kept documenting purchases of

compliant composite wood products hardwood plywood, particleboard, and MDF. Where

different pieces are combined in a final product, fabricators should be able to demonstrate how

many final products were made using the regulated materials, so a determination can be made

if an appropriate supply of raw materials was purchased to make the reported amount of final

product.

In the case where there are multiple suppliers of MDF, for example, records need to show that

an appropriate amount of final goods were made from the amount of MDF purchased for use. It

is important that the supplier(s) can be identified. For a given volume of finished goods,

fabricators must be able to demonstrate the amount of MDF, etc. that was used, and records

showing that enough compliant MDF was purchased to make the amount of final products that

were sold.

63. Must the fabricators name be on the product or box, if traceability is apparent

throu gh use of vis ible batch code or other identi f icat ion?

Due to the nature of the import business, many importers and distributors avoid sharing their

suppliers with potential competitors. The regulation requires that the fabricators name, and the

date the finished good was produced, is applied as a stamp, tag, sticker,or bar code on every
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finished good produced, or on every box containing finished goods, provided that it is destined

for sale or supply in California. The wood products industry often uses brand names or other

means to conceal trade secrets such as which manufacturer or fabricator makes a certain

product. In recognition of this, as an accepted practice, ARB will allow some flexibility in the

labeling requirement for manufacturer or fabricator name. It is the intention of the ATCM thatthe name be included on the label to easily identify the party responsible for the formaldehyde

emission characteristics of the board. It is acceptable for a distributor/importer to replace an

original label with a label listing their company name as long as all other information required on

the original label is retained. It should also be noted that if an importer or distributor replaces a

label on a finished good, then they assume the liability for the finished good as a fabricator.

64. What label ing and noti f icat ion langu age is acceptable for fabricators of comp onents

parts and f in ished products conta in ing com posi te wood produ cts?

The regulation requires fabricators to clearly label finished goods containing hardwood plywood,particleboard or medium density fiberboard. CARB strongly recommends labeling of both the

finished good and the box the finished good is contained in. Labels must include, at a minimum,

the following information:

1. Fabricators name

2. Date the finished good was produced

3. A statement of compliance to denote that the composite wood product or finished

good complies with the ATCM. Finished goods made with all NAF or all ULEF based

resins shall be labeled as such.

The intent of the statement must be clear in indicating compliance with the ATCM and should

refer to California, or CARB, and include section 93120. For example, a statement of

compliance may read California 93120 Compliant for Formaldehyde.

65. Do comp onent parts need to be labeled?

Components parts or replacement parts that are sold and/or supplied as individual items to

anyone in commerce (individual finished goods, e.g., in a situation where a consumer is buying

a replacement part such as a cabinet door or warranty replacement item) are subject to labeling

requirements.

Component parts and/or replacement parts, that are supplied to a fabricator (e.g., from a

fabricator of component parts), and will be used in a finished good, do not need to be labeled

but the invoice or bill of lading must include the statement of compliance to indicate that the


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shipment of components parts or replacement parts are made of complying composite wood

products.

H. Misc ellaneous

69. Does a retai ler need to kn ow what typ e(s) of com posite w ood produc t(s) a given pieceof furniture or finished good co ntains?

Yes, to the degree that it satisfies the retailers need to demonstrate reasonable prudent

precautions. As many components in furniture are made with hardwood plywood,

particleboard, and/or medium density fiberboard, retailers must work with their suppliers to

ensure that the finished goods were made with compliant materials. Retailers must ask for and

receive from their suppliers, a statement of compliance that indicates that the finished goods

that they are supplied for sale in California were made with composite wood products that

comply with applicable California standards.

70. The regulation states that no person shall supply any composite wood product

wh ich, at the time of sale or manufacture, does not com ply with th e emis sion standards.

What is meant by supply?

If a distributor is providing cabinets to a builder or contractor of new homes, the distributor would

be supplying finished goods to his customer.

72. Is an inst aller (i.e., clo set com pany ), wh o purc hases full -sized lami nated panels,

cutt ing th em into shelves, edge banding th em and trimm ing their work fo r instal lat ion

cons idered a retai ler or fabricator?

If a closet company is simply purchasing composite wood products or component parts and

then taking them to a consumer and installing shelving/closets, then they would be considered a

retailer. In this case, a retailer is not making a new product, simply installing a pre-fabricated

product according to the steps necessary for on-site carpentry, assembly and installation.

Retailers need to take reasonable prudent precautions to ensure that they obtain compliant

composite wood products, and keep records to demonstrate their products comply with the

applicable emission standards (Please refer to question #68).

However, if a business exists in which, where panels are cut, edge banded, and essentially

new fabricated products then that business would be considered a fabricator. In addition todemonstrating the use of complying composite wood products, fabricators also need to label the

finished products. To document their purchases and use of compliant materials to California,

fabricators must keep records showing the dates of purchase and suppliers of composite wood

products that they used.


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I . No-added Formaldehyde (NAF) and Ultra-low Emitt ing Formaldehyde (ULEF) Products

81. For the sake of the board m anufacturer who h as a zero emission p roduc t is his

statement taken at face value or is he sti l l obl igated to go throu gh TPC documentation?

If so, is it only a one time thing?

Manufacturers of "no-added formaldehyde" (NAF) products would have to apply to CARB to be

approved as a NAF manufacturer. Emissions data must be included in the application. If the

application is approved by CARB, the product manufacturer would be exempt from the TPC

requirement, but still subject to field inspection and audits to verify their use of NAF resins.

Manufacturers of ultra-low emitting formaldehyde resin (ULEF) products would also have to

apply to CARB to be approved as ULEF manufacturer along with providing emissions data with

their application. Once the application is approved by CARB, the product manufacturer would

be subject to reduced testing requirements from the TPC; however, they would be subject to

field inspection and audits to verify their use of ULEF resins. Both NAF and ULEF approvals

are granted for two-year periods and must be renewed accordingly.

L. Third Party Certif icatio n (TPC)

88. Who has to be third p arty cert i f ied?

Only manufacturers of hardwood plywood, particleboard, and medium density fiberboard are

required to be third party certified.

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