- Is this survey mandatory?
Question: Is completion of the survey mandatory under law?
Answer: Yes, completion of the survey is mandatory under California State Law. Responsible parties, formulators, and any other company
holding data requested by the survey are required by law to report. On page
II-2 of the survey (1st paragraph under "Background") is a reference to the California Health
and Safety Code, along with our Consumer Products Regulation, that states that we have the authority to require
the submission of information needed to carry out our duties.
- We do not make consumer products.
Question: We do not make or otherwise deal with consumer products. Why did we get this survey and what do we need to do?
Answer: The survey
was sent to a list of parties that are generally interested in regulations that affect consumer products. This
list includes environmental groups, concerned citizens, government agencies, as well as many other types of businesses.
If you are not listed on the label of a consumer product (see definition on page
VII-21), then you are not considered a responsible party (definition
on page I-2).
Please send the Preliminary Form (page I-2) of the survey by fax
or mail as indicated at the bottom of the form, indicating that you are not a responsible party for any product
covered by the survey.
- If I didn't receive a survey, is it still mandatory for me to complete it?
Question: Is completion of the survey mandatory for all "responsible parties" or only those who have received the survey?
of the survey is mandatory for ALL responsible parties (see definition on page
I-2 and authority references on page
II-2). In fact, all responsible parties, formulators, and any
other companies holding data requested by the survey are required by law to report. We make every effort to have
a complete mailing list, but as you can imagine, it is quite difficult. If you provide us with the mailing address
of anyone who should have received the survey, we will add them to our mailing list and send them a copy of the
- Company Acquisition
Question: Our company acquired another company that
was the Responsible Party in 2003. We didn't own the products
then; do we have to report the product?
Answer: Yes, you must report products that the company
you acquired sold in 2003.
- Pet Products
Question: We have
products used for dogs and other animals, but no human/personal products.
Do we have to complete this Survey?
Answer: Yes, as
stated on page III-3
of the survey, pet products are being surveyed. The definition of pet care products can be found in the definition
section on page VII-23.
However, please note that only those pet care products that fall 2003 Survey categories must be reported during
for this survey. All other pet care products (again, see pet care
product definition) are planned to be surveyed next time, for
Calendar Year 2005 sales.
Do I report my product if it is already reported annually
to the Department of Pesticide Registration?
Question: Do I report
my product if it is already reported annually to the Department of
Answer: You should
not report FIFRA registered products that require a license for
possession or use. In addition, products that are
used in accordance with the following definition of "Agricultural
Use" should not be reported.
"Agricultural Use" means
the use of any pesticide or method or device for the control of pests in
connection with the commercial production, storage or processing of any animal or plant crop.
does not include the sale or use of pesticides in properly labeled packages or
containers which are intended for: (A) Home use, (B) Use in structural pest control, or (C)
Industrial or Institutional use. For the purposes of this definition only: "Home
use" means use in a
household or its immediate environment. "Structural pest
control" means a use requiring a license
under Chapter 14 (commencing with Section 8500), Division 3, of the Business and Professions
Code. "Industrial use"
means use for or in a manufacturing, mining, or chemical process or use in
the operation of factories, processing plants, and similar sites. "Institutional
use" means use within
the lines of, or on property necessary for the operation of buildings such as hospitals, schools,
libraries, auditoriums, and office complexes.
"Agricultural Use" also
includes any pesticide or method or device for the control of pests in
connection with nurseries, golf courses, parks, cemeteries, pastures, farms, forests, greenhouses
Where animals are concerned, pesticides for domestic pets are consumer products, but pesticides
for livestock or other farm animals are agricultural products.
You may still have to report your FIFRA registered products if they fall into a survey category and
are available to household consumers. We have recently researched FIFRA registered products
and have found that many products under DPR jurisdiction can be purchased by household
consumers. These types of products may be subject to the ARB's Consumer Product's
Regulations. Please report any type of product that is available through any consumer outlet and
provide the FIFRA Registration number of the product in the comment field box on the bottom of
Form 3. If products are used exclusively at nurseries, golf courses, parks, cemeteries, pastures,
and/or right-of-ways and are not available to household consumers (see last sentence) then they
should not be reported. However if they are and can be used at sites other than the aforementioned
(excluding those qualifying under the "Agricultural Use" definition above) then they should be
reported. We intend to analyze FIFRA Registered products in consultation with the Department of Pesticide Regulation
to ensure that "double counting" of inventories does not occur.
- Company Name Change
Question: Our company
was sold and the name changed. On the preliminary form, should we list our new company name or our name from the
survey period (2003)?
Answer: Please use
your new company name to submit the survey. To minimize confusion, please indicate the name change when sending
in the Preliminary Form (page I-2).
In addition, when submitting FORM 1, you can also indicate the name change in the FORM 1 comment field, under item
- Customer Type
Question: For the
question on FORM 3, item 8, "Customer Type," may we list a percentage estimate? We would have a hard
time figuring out the customer type who purchased the item.
Answer: The "Customer
Type" question asks for the type of customer for which the product is intended. Typically, products are labeled
and marketed to household, commercial, or industrial customers. Some products are also only available for purchase
to certain customers. An estimate would be valid for this question, as long as your estimate is to the best of
- Multiple Companies
Question: How do
I complete the survey for multiple responsible parties? There are several companies owned by my "umbrella"
company that meet your definition of "responsible party." Can I just put everything all together under
one company name?
Answer: If you are
submitting by hardcopy, one entire survey must be submitted per responsible party. If you are using the electronic
version, you may enter data for multiple companies, however, a signed "FORM 1", and "Confidential
Information Form" must be printed and submitted for each company.
- Coincidental Product Attributes
Question: What if
our product can serve the purpose of a category, but it is not labeled as such? How should we categorize this product?
For example: Our products are labeled to "clean," but they often deodorize by chance. Additionally, they
often have fragrance added only to minimize the chemical odors, but do not advertise their deodorizing properties
on the label.
Answer: Choose the
category according to the claims on the Principal Display Panel
(see definition page VII-23) for the
product. Coincidental attributes should not be considered when choosing a category.
- Exact Sales Information Not Available
Question: My company
is a responsible party, but we sell our product to various warehouse distributors throughout the nation. The products
are then distributed from these locations as our customers see fit. Although I know that products are sent to California,
the distributors will not provide the exact sales data for those products. How can I provide the sales data you
require on FORM 3?
Answer: You can
estimate the sales based on the assumption that a certain percent of the products were sent to California, based
on population. See instructions on FORM 3, item 10: if California direct sales data are not available, sales may
be estimated by prorating national, regional or distribution center figures by population. Attachment D on page V-17 of the survey, "U.S.
Resident Population," has been provided to assist you with this estimation.
- Reporting Overfill
Question: For the
question on FORM 3, under item 12, what information should be used to determine if overfill is in excess of 2%?
Should we simply compare the target value to the volume listed on the label?
Answer: Manufacturers often deliberately put more product into the container than listed on the
label, so that the actual dispensed quantity matches the label. For example, if you put 8.3 oz of toothpaste into
a tube, and there is 0.3 oz that won't come out because its stuck inside the tube, you may only list 8.0 oz on
the label. This type of deliberate overfill (in excess of 2%) is the overfill we are referring to. We understand
that actual variation due to the mechanical parts of the manufacturing processes is often quite minor, in addition
to being overwhelming to record. With all this in mind, we ask for the
average overfill in excess of 2%. In summary, compare your target/average filling data
to the label. If you fill more than 2% over the amount stated on the label, please report that volume or mass as
- Industrial Products
is sold only for use by Industrial facilities. Do we need to report "Industrial-use" products?
There is general misconception on the part of survey respondents that the term "industrial"
means a product used in any capacity at an industrial or perhaps even a commercial facility. However, the term
"Industrial Product" applies to very few products. For the purposes of the survey, industrial products
include only those products that are incorporated into a finished, manufactured product or products used exclusively
in the manufacture or construction of the finished item at that site. That is, the product is an integral necessary
component to construct or manufacture the finished item. So, just because a product is used at industrial facilities,
or even used exclusively at industrial facilities, it doesn't mean it fits the ARB definition of "industrial".
Also, just because a product cannot
be purchased by consumers for household use, doesn't mean it fits ARB's definition of "industrial"
(see survey "industrial" definition, page VII-21
). Finally, please note that all thinners, reducers, and aerosol adhesives, even
those fitting our "Industrial" definition, need to be reported for the survey (see note on page III-3
of the survey packet).
For more information on the term "industrial" from a Regulatory
perspective, the Air Resources Board's Enforcement Division has an advisory to more clearly describe the so-called
"industrial" products that are not regulated under the California Air Resources Board (ARB) consumer
products regulation (Title 17, California Code of Regulations (CCR), sections 94507-94517). You can view the advisory
at the following web link: http://www.arb.ca.gov/enf/advs/advs307.pdf
- General Purpose Degreasers (GPDs) And Multi-purpose Lubricants (MPLs)
Question: We have
GPDs and MPLs which do not fit the survey's bolded definition because they are labeled "not for retail sale",
and are also sold exclusively to establishments which manufacture or construct goods or commodities. Do we need
to report these?
Answer: All GPDs and all MPLs need to be reported
for the survey (these categories are listed on survey packet pages
V-3 and V-5, respectively). In addition, GPDs and MPLs that are
sold exclusively to establishments which manufacture or construct goods or commodies, and are labeled "not
for retail sale", should be reported under the "other" categories (20399 and 21099), rather than
under codes 20308 and 21004/5. This is because they do not fall under these category definitions. Over all, if
you are unsure as to which category to place any of your GPD's or MPLs in, go ahead and report them under the "other"
category (appears at end of the list), and ARB staff will sort it out.
- Contract Employees
Question: How do
I know which employees to include in question 9 on FORM 1? I don't understand the definition in the survey packet.
Answer: For this question, mark the range that is your best estimate of the number of people hired
under contract, from an outside business or company. These are people working for your company that are not hired
directly by your company; that is, people that work for your company that wouldn't be included in the previous
question, #8. However, there is no need to scrutinize over your response on this question, just make your best
- Webcast Training Session
unable to participate in the December 3, 2004 survey webcast training session. Can I get a copy of the training?
We recorded the training session, and copies are available. Please contact Jessica Dean
via email at email@example.com
to request a copy of the training
video, which is available on DVD or CD (viewable via computer media players).
- Product Carried Portion Of Reporting Year
Question: Do we
report a product that we stopped carrying part way through 2003? What about products that we started selling for
the first time at the end of 2003?
Answer: Any product falling under this survey that was sold during Calendar Year 2003, even at
very small volumes, must be reported. The survey captures a "snapshot" in time. We are aware that products
included may not have been sold over the entire reporting year. Keep in mind that we not only collect sales data,
but also formula data, and any formula that was sold in 2003 is of interest to us.
- Label Revisions
had several label revisions since 2003. Which label do I submit?
Answer: Please submit the last label used in 2003 if possible. If you are unable to acquire that
label, you can submit the most recent label, for example, the label you are currently using. However, if you submit
a non-2003 label, please denote this in the comment field of FORM 3 for that product.
- Reporting Potpourri And Similar Products
Question: How do
I report the "Delivery/Packaging System", "Dispensed Form" and the "California Sales Data"
on Form 3 for potpourri? (i.e. a fragrance applied to an organic substrate such as dried flowers, wood shavings,
pine cones, etc.).
Answer: The reportable product in potpourri is the liquid portion applied to the organic substrate
(just like in wipes or other impregnated delivery systems). The dried materials is considered part of the delivery
In reporting potpourri, select "other" and specify "potpourri"
as the "Delivery/Packaging System" (FORM 3, item 5). For the dispensed form (FORM 3, item 6), select
"liquid" for the liquid portion applied. In reporting the California sales data (FORM 3, item 12), estimate
the amount of liquid fragrance (in fl oz) for each bag size of potpourri sold, and list this estimate in the "Product
Size" column. Do not report the weight of the substrate; only report the liquid portion. For "Volume/Mass
filled" column, simply list the same number you reported in the "product size" column. For clarification
purposes, please note on the FORM 3 comment field the approximate sizes of the bags with substrate, and how, if
necessary, you estimated the amount of liquid.
- Why can't I type in some boxes?
Question: Why won't
the electronic forms let me type information into some of the boxes?
Answer: Some of
the boxes will only allow a certain number of characters, starting from the far-left side. It is easiest to use
the "tab" key to move from one box to another while entering data. However, if you click into a box with
your mouse, you must place it in the furthest left space of the box, or you won't be able to type all of the information.
In addition, some entry fields are not "activated" until other information or fields have been completed.
- Electronic Copies Of The Confidential Information Form
Question: On the
electronic version, I can view the Confidentiality Information Form and Voluntary Survey Evaluation using the "Print
Hardcopies" option, but the program won't allow me to data enter these forms. Can I complete them electronically?
hard copies of these two forms must be mailed in, the electronic version of the survey will only allow you to print
the form, not enter the data. Print the forms and complete them by hand and submit as described on page III-8 of the survey.
- Difficulty Loading Database
I'm having trouble installing the database onto my computer. Any suggestions?
Access runtime software that we have provided enables users to run the survey database whether or not they have
Access loaded on their computer. However, there have been technical difficulties with the runtime software not
loading properly with some versions of Windows. For some companies the Microsoft patch (see next question) fixed
A second option is to run the database using your own Access software,
bypassing the Access runtime software. However, in order to use the database without loading the runtime software,
you must have Microsoft Access already loaded on your computer (version 2000 or newer). Here are some general instructions
for locating the database file on the provided CD and saving it to your computer directly; the names of your computer's
drives or icons may vary. This process should work for both the Responsible Party (RP) and Formulator versions
of the database, although the filenames provided below are for the RP version.
Note: After you
have entered all the survey data into the database, and double-checked your data, you can use the "export"
feature located on the database "main menu" to save your data (in a compressed format) to a floppy disc
or separate, writable CD, which will then be mailed to ARB. See the instructions located on the survey CD for more
detail. If you have trouble using the export feature, as an alternative, you can just save the entire database
file to disc (warning: this is a very large file).
If you have any questions about this process, or any problems loading
or using the database, please contact Tina Najjar
at (916) 323-6501.
- Create a folder on the drive where you will go to run the program
(i.e. your computer's c-drive/ hard drive). You will be copying the program to this location on your computer,
and running the database from this folder. Do not run the database from the CD directly.
- Insert the survey CD into your drive and double-click the "My
Computer" icon located on the desktop.
- Double-click your "Compact Disc" drive to view the CD contents
(look for the CD icon to recognize which is the CD drive).
- Double-click the "2003 ARB Survey" folder.
- Click on the zip file folder "consprodsurvey_2003.cab".
This should activate Winzip (or similar software you have on your computer; see IT staff at your company if you
need assistance "unzipping" this file).
- Highlight the file called "consprodsurvey_2003.mdb" (should
be the second to the last on the list) and click "extract".
- Winzip will now give you an option of where to extract (or save) the
file. Locate and select the folder created in Step 1, and click "extract".
- After extraction, exit Winzip and your "Compact Disc" drive.
Locate and open the folder (created in Step 1; where you extracted the database to in Step 6) to confirm that the
"consprodsurvey_2003.mdb" file has been properly saved in this folder. You will need to return to this
file to use the database. As you use the database, your information will be saved within this same database file.
- Database Patch
using the database, we couldn't switch between screens.
found a Microsoft database "patch" that may solve the problem, however, you should consult your IT staff before downloading any software or other information from
. The patch (Id# KB813617) is available at Microsoft's
website, and is titled "Office XP Service Pack 3 (SP3) for Access 2002 Runtime" (ID# KB813617). Here
is the weblink: http://www.microsoft.com/office/orkarchive/XPddl.htm
If you have any problems loading or using the database, please contact
Tina Najjar at (916) 323-6501.
- Overnight Address Typo
Question: On the
coversheet for sending hardcopy FORM 4s to formulators, the "regular" and "overnight" mailing
addresses are the same. Where do I send overnight packages?
Answer: For the
overnight mailing address, use the following address as listed in the hardcopy:
California EPA Headquarters Building
Air Resources Board
1001 I Street (6th Floor)
Sacramento, CA 95814
Attn: SSD, Measures Development Section, 2003 Survey
- Data Entry Forms Oversized
Question: The forms
for entering are too large for the page; can I change the margins on the database?
Answer: As described
at the bottom of the main menu screen, the database is best viewed as a screen resolution of 1024 X 768. If your
monitor is at a different resolution, try adjusting the resolution, which may fix the problem. Instructions for
adjusting the resolution are located under the "more info" button near the bottom of the main menu screen.
- Reporting Sales Units For Wipes/Towels/Pads
Question: How do
I indicate the "units" (i.e. wt oz, fl oz) for question 12 on FORM 3?
Answer: On the electronic
version of the survey only, you will need to select either "Wipe-FO" for units of fluid ounces, or "Wipe-WO"
for weight ounces.
- "Blank Field" Error
Question: The database
gives me an error message that I have a "blank field" and it won't let me exit the form.
Answer: Go to the
blank field blank field indicated in the error message and check if there is a blank line in the data. If there
is, highlight the whole line by clicking to the far left of the line. Hit delete. It will then ask you if you want
to delete the record. Click "yes".
- Best Approach For FORM 4: Reporting Ingredients
trouble understanding where to place ingredients on FORM 4. How should I approach FORM 4?
First, locate the entire formula
(ingredients and weight percentages of each) for the product. When determining where to place
your ingredients on Section C of Form 4, it should be helpful to think through the following process:
- Are any chemicals in your product on the Specific Ingredient Table?
If so, write the weight percent of the individual ingredients in the corresponding boxes.
- Are any chemicals in your product considered fragrance? Use the definition
of "fragrance" on page VII-20. Add the weight percent of all fragrances and write the total in the box "group all
fragrance" at the bottom of the Speciation Table.
- Are any chemicals considered inorganic? If the molecular formula of
a chemical does not have any carbon in it, it is considered inorganic. Some inorganic chemicals are listed in the
Specific Ingredient Table. For other inorganic chemicals, add their weight percents and write the total in the
box labeled "group other inorganics" at the bottom of the Speciation Table.
- Are any chemicals in your product considered exempt by ARB? Use the
definition of "Volatile Organic Compound" (VOC) printed on page
VII-25 of the survey packet. Chemicals that are exempt from being
considered a VOC are listed in that definition. Some exempt chemicals are listed in the Specific Ingredient Table.
For any other exempt chemicals, add their weight percents and write the total in the "group other exempts"
box at the bottom of the Speciation Table.
- Are any chemicals in your product listed in Attachment E? This attachment
lists "Low Vapor Pressure Volatile Organic Compounds" (LVP-VOCs) that must be individually reported in
the Speciation Table. If you see any of your ingredients on this list, fill in the Speciation Table with the chemical
name, CAS number, and weight percent of each of those chemicals. If any of those ingredients are hydrocarbon solvents
(such as "mineral spirits," "mixed hydrocarbons," or hydrocarbon blends), list also the trade
name and manufacturer.
- Are any chemicals in your product not listed in Attachment E considered
LVP-VOCs? Use the definition of "Low Vapor Pressure Volatile Organic Compounds" (LVP-VOC) on page VII-22. For chemicals not
listed in Attachment E that are LVP-VOCs, add their weight percentages and write the total in the box labeled "group
other LVP-VOCs" at the bottom of the Speciation Table.
- What's left? Remaining chemicals should be VOCs. List the chemical
name, CAS number and weight percent of each of those chemicals in the Speciation Table. If any of them are hydrocarbon
solvents, list also the trade name and manufacturer.
- Chemical Properties
Question: I don't
know any physical properties of a chemical. How do I know where to put it on FORM 4?
Answer: There are
many resources you can use to determine the properties of the ingredient in question. The chemical's Material Safety
Data Sheet (MSDS) lists useful information, such as the chemical formula and the boiling point. Reference books,
such as the Merck Index, CRC Handbook, and industry-specific ingredient guides also contain data you may find helpful
in determining how to classify your ingredients. Several public, free web sites offer similar chemical data; see
for a list of some such sites. You may also seek help from your company's research and development staff, quality
check/quality assurance staff and/or other chemists within your company or formulating company. If, after exhausting
your resources, you are still unsure where to report your ingredient on FORM 4, you can simply list it individually
on the Speciation Table. We would rather have you err on the side of "reporting," rather than "grouping."
- Products Without VOCs
Question: Most of
the products we manufacture do not contain VOCs. Do we still have to report them?
Answer: Yes, to
obtain complete and accurate information, any product falling under a
category listed in the survey must to be reported, even zero-VOC products.
- Which company should send FORM 4
Question: We use
a contract filler, or "formulator" according to the survey terminology, and our formulator would like
to fill out FORM 4 and send it back to my company. Is it acceptable if my company sends it to you, instead of the
formulator sending it directly to you?
Answer: Yes, the
process of having the formulator send the information directly to the ARB was set up to protect any confidential
ingredient information that the formulator has from the responsible parties that it