As used in this part 6, unless the context
otherwise requires:
(1) Adult mattress means a mattress product that is not a crib or a toddler
mattress.
(1.5) Apparel means:
(a) Clothing items intended for regular wear or formal occasions, including
athletic wear, bibs, bodysuits, costumes, dancewear, diapers, dresses, everyday
swimwear, everyday work uniforms, footwear, formal wear, leggings, leisurewear,
onesies, overalls, pants, saris, scarves, school uniforms, shirts, skirts, sports
uniforms, suits, tops, undergarments, and vests; and
(b) Outdoor apparel.
(1.7) (a) Automotive cleaning product means a chemically formulated
consumer product labeled to indicate that the purpose of the product is to maintain
the appearance of a motor vehicle, including products for washing, waxing,
polishing, cleaning, or treating the exterior or interior surfaces of motor vehicles.
(b) Automotive cleaning product does not include automotive paint or paint
repair products.
(2) Carpet or rug means a fabric product marketed or intended for use as a
floor covering in households or businesses.
(2.5) (a) Cleaning product means a finished product used primarily for
domestic, commercial, or institutional cleaning purposes.
(b) Cleaning product includes an air care product, an automotive cleaning
product, a general cleaning product, and a polish or floor maintenance product.
(3) Consumer means the end user of a product.
(4) (a) Cookware means a durable houseware product that is used in
residences or kitchens to prepare, dispense, or store food or beverages.
(b) Cookware includes pots, pans, skillets, grills, baking sheets, baking
molds, trays, bowls, and cooking utensils.
(c) Cookware does not include food equipment intended primarily for use in
commercial settings, including food equipment sold to a business that has a retail
food establishment license.
(5) (a) Cosmetic means a product that is intended to be rubbed or
introduced into; poured, sprinkled, or sprayed on; or otherwise applied to the human
body for cleaning, cleansing, beautifying, promoting attractiveness, or altering the
appearance.
(b) Cosmetic includes a skin moisturizer, perfume, lipstick, nail polish, eye
or facial makeup preparation, shampoo, conditioner, permanent wave, hair dye, and
deodorant.
(c) Cosmetic does not include a product that requires a prescription for
distribution or dispensation.
(d) (I) Cosmetic does not include hydrofluoroolefins used as propellants in
cosmetics.
(II) This subsection (5)(d) is repealed, effective January 1, 2027.
(6) Repealed.
(7) Drilling fluid means a fluid that is circulated into the borehole of a well
to lubricate and cool the drill bit.
(8) Repealed.
(9) (a) Fabric treatment means a product applied to fabric to give the fabric
one or more characteristics, including stain resistance and water resistance.
(b) (I) Fabric treatment does not include hydrofluoroolefins used as
propellants in fabric treatments.
(II) This subsection (9)(b) is repealed, effective January 1, 2027.
(10) Food package or food packaging means a package or packaging
component used in direct contact with food and that is composed, in substantial
part, of paper, paperboard, or other materials originally derived from plant fibers.
(11) Hydraulic fracturing fluid means the fluid, including the applicable
base fluid and any additives, injected into an oil or gas well to perform hydraulic
fracturing operations.
(12) (a) Intentionally added PFAS chemicals means PFAS chemicals that a
manufacturer has intentionally added to a product and that have a functional or
technical effect on the product.
(b) Intentionally added PFAS chemicals includes PFAS chemicals that are
intentional breakdown products of an added chemical.
(13) (a) Juvenile product means a product designed for use by infants or
children under twelve years of age.
(b) Juvenile product includes:
(I) Bassinets and other bedside sleepers;
(II) Booster seats, car seats, and other child restraint systems;
(III) Changing pads;
(IV) Co-sleepers;
(V) Crib or toddler mattresses;
(VI) Floor play mats;
(VII) Highchairs and highchair pads;
(VIII) Infant bouncers;
(IX) Infant carriers;
(X) Infant or toddler foam pillows;
(XI) Infant seats;
(XII) Infant sleep positioners;
(XIII) Infant swings;
(XIV) Infant travel beds;
(XV) Infant walkers;
(XVI) Nap cots;
(XVII) Nursing pads and pillows;
(XVIII) Play mats;
(XIX) Playpens;
(XX) Play yards;
(XXI) Polyurethane foam mats, pads, or pillows;
(XXII) Portable foam nap mats;
(XXIII) Portable infant sleepers and hook-on chairs;
(XXIV) Soft-sided portable cribs; and
(XXV) Strollers.
(c) Juvenile product does not include:
(I) Electronic products, including:
(A) Personal computers and any associated equipment;
(B) Audio and video equipment;
(C) Calculators;
(D) Wireless phones;
(E) Gaming consoles;
(F) Handheld devices incorporating a video screen; and
(G) Any associated peripheral device such as a mouse, keyboard, power
supply unit, or power cord;
(II) An internal component of a juvenile product that would not come into
direct contact with a child's skin or mouth during reasonably foreseeable use and
abuse of the product; or
(III) Adult mattresses.
(14) (a) Manufacturer means the person that manufactures or assembles a
product or whose brand name is affixed to a product.
(b) Manufacturer includes, if a product is imported into the United States
and the manufacturer does not have a presence in the United States, the importer
or first domestic distributor of the product.
(15) Oil and gas operations has the meaning set forth in section 34-60-103.
(16) Oil and gas products means hydraulic fracturing fluids, drilling fluids,
and proppants.
(16.5) (a) Outdoor apparel means apparel intended primarily for use in
outdoor activities, including bicycling, camping, climbing, fishing, hiking, and skiing.
(b) Outdoor apparel does not include outdoor apparel for severe wet
conditions.
(16.7) (a) Outdoor apparel for severe wet conditions means outdoor apparel
that is:
(I) An extreme and extended use product that provides protection against
extended exposure to extreme rain conditions or against extended immersion in
water or wet conditions, such as snow conditions, in order to protect the health and
safety of the user;
(II) Designed for use by outdoor sports experts; and
(III) Not marketed for general consumer use.
(b) Outdoor apparel for severe wet conditions includes outerwear intended
for use in offshore fishing, offshore sailing, whitewater kayaking, and
mountaineering.
(c) Outdoor apparel for severe wet conditions does not include personal
flotation devices made for the health and safety of the user.
(17) Package means material that is intended or used to contain, protect,
handle, deliver, or present a product.
(18) Packaging component means an individual part of a package,
including interior or exterior blocking, bracing, cushioning, weatherproofing,
exterior strapping, coatings, closures, inks, and labels.
(19) PFAS chemicals has the meaning set forth in section 25-5-1302 (7).
(20) (a) Product means an item that is manufactured, assembled, or
otherwise prepared for sale or distribution to consumers and that is sold or
distributed for personal, residential, commercial, or industrial use, including for use
in making other products.
(b) Product includes any product components.
(c) Product does not include:
(I) Drugs, medical devices, biologics, or diagnostics used in a medical setting
or in medical applications regulated by the federal food and drug administration;
(II) Veterinary pesticide and parasiticide products approved by the federal
environmental protection agency or the federal department of agriculture for use in
animals;
(II.5) Biologics or diagnostics approved by the federal department of
agriculture for use in a veterinary setting or in veterinary applications; or
(III) Packaging used for the products described in subsections (20)(c)(I),
(20)(c)(II), or (20)(c)(II.5) of this section.
(d) Product does not include a used product offered for sale or resale.
(21) Product category means a class or division of products that share
related characteristics.
(22) Product component means an identifiable component of a product,
regardless of whether the manufacturer of the product is the manufacturer of the
component.
(23) Proppants means materials that are inserted or injected into an
underground geologic formation during oil and gas operations in order to prevent
fractures from closing.
(23.5) Ski wax means a lubricant applied to the bottom of snow runners,
including skis and snowboards, to improve the grip or glide properties of the snow
runners.
(24) (a) Textile means any product made in whole or in part from a natural
or synthetic fiber, yarn, or fabric.
(b) Textile includes leather, cotton, silk, jute, hemp, wool, nylon, and
polyester.
(c) Textile does not include textiles used in medical, professional, or
industrial settings.
(24.5) (a) Textile article means a textile that is primarily used in households
and businesses.
(b) Textile article includes accessories, apparel, backpacks, and handbags.
(c) Textile article does not include:
(I) Outdoor apparel for severe wet conditions;
(II) Outdoor textile furnishings;
(III) Outdoor upholstered furniture; and
(IV) Textile articles used in medical, professional, or industrial settings.
(25) (a) Textile furnishings means textiles of a type customarily used in
households and businesses, including draperies, floor coverings, furnishings,
bedding, towels, and tablecloths.
(b) Textile furnishings does not include textile furnishings used in medical,
professional, or industrial settings.
(26) Upholstered furniture means any article of furniture that is:
(a) Designed for sitting, resting, or reclining; and
(b) Wholly or partially stuffed with filling material.