Exemptions

Section 223.230  Exemptions a)         This Subpart shall not apply to any consumer product manufactured in Illinois for shipment and use outside of Illinois, as long as the manufacturer or distributor can demonstrate both that the consumer product is intended for shipment and use outside of Illinois, and that the manufacturer or distributor has taken reasonable, prudent precautions to assure that the consumer product is not distributed to Illinois.  This exemption shall not apply to consumer products that are sold, supplied, or offered for sale by any person to retail outlets in Illinois. b)         For antiperspirants or deodorants, ethanol shall not be considered a medium volatility organic material (MVOM) for purposes of the content standards specified in Section 223.205(a). c)         The VOM limits specified in Section 223.205(a) shall not apply to fragrances up to a combined level of two percent by weight contained in any consumer product and shall not apply to colorants up to a combined level of two percent by weight contained in any antiperspirant or deodorant. d)         The requirements of Section 223.205(a) for antiperspirants or deodorants shall not apply to those volatile organic materials that contain more than 10 carbon atoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure of two mm Hg or less at 20 o C. e)         The VOM limits specified in Section 223.205(a) shall not apply to any LVP-VOM. f)         The requirements of Section 223.250 shall not apply to consumer products registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 USC 136 through 136y). g)         The VOM limits specified in Section 223.205(a) shall not apply to air fresheners that are comprised entirely of fragrance, less compounds not defined as VOMs under Section 211.7150 or exempted under subsection (f). h)         The VOM limits specified in Section 223.205(a) shall not apply to air fresheners and insecticides containing at least 98% para-dichlorobenzene. i)          The VOM limits specified in Section 223.205(a) shall not apply to adhesives sold in containers of one fluid ounce or less. j)          The VOM limits specified in Section 223.205(a) shall not apply to bait station insecticides.  For the purpose of this Section, bait station insecticides are containers enclosing an insecticidal bait that is not more than 0.5 ounce by weight, when the bait is designed to be ingested by insects and is composed of solid material feeding stimulants with less than five percent active ingredients.