Sec. 205.1. Applicability

(a) Except as provided in subdivision (b) of this section, this rule is applicable to any person who supplies, sells, offers for sale, or manufacturers any architectural coating for use within the State of New York, as well as any person who applies or solicits the application of any architectural coating within the State of New York.

(b) This rule does not apply to:

(1) any architectural coating that is supplied, sold, offered for sale or manufactured for use outside of the State of New York or for shipment to other manufacturers for reformulation or repackaging;

(2) any aerosol coating product; and

(3) any architectural coating that is sold in a container with a volume of one liter (1.057 quart) or less including kits containing containers of different colors, types or categories of coatings and two component products. This exemption includes multiple containers of one liter or less that are packaged and shipped together with no intent or requirement to ultimately sell as one unit. This applicability exception does not include:

(i) bundling of containers one liter or less, which are sold together as a unit, or any type of marketing which implies that multiple containers one liter or less be combined into one container;

(ii) packaging from which the coating cannot be applied; or

(iii) floor coatings.