In this edition of the Weekly Compliance Digest, we cover requirements to disclose chemicals in household cleaning products sold in New York State.
Household Cleansing Product Information Disclosure Program
What is it?
On April 25, 2017, New York State announced the launch of a new initiative that will require all manufacturers of household cleaning products sold in New York to disclose chemical ingredients on their websites.
New York is the first state in the U.S. to require manufacturers to disclose ingredients in household cleaning products, which may contain chemicals with negative health impacts for humans and the environment.
Under the program, manufacturers must identify all of the ingredients and impurities in their products, including those that are chemicals of concern, as well as their content by weight in ranges.
Who is affected?
All manufacturers of household cleaning products that sell their products in the state of New York are affected. In the case of a product imported into the U.S., the importer or first domestic distributor of the product is affected.
Cleaning products covered by the program include, but are not limited to, soaps and detergents containing a surfactant and used primarily for domestic or commercial cleaning purposes, including, but not limited to, the cleaning of fabrics, dishes, food utensils and household and commercial premises.
The program does not cover: foods, drugs and cosmetics, including personal care items such as toothpaste, shampoo and hand soap; products labeled, advertised, marketed and distributed for use primarily as pesticides; and cleaning products used primarily in industrial manufacturing, production and assembling processes.
What are the requirements?
The information that is required to be disclosed under the Household Cleansing Product Information Disclosure program includes:
- Product and manufacturer information.
- Level of information being disclosed about the product.
- Chemical ingredients and content by weight.
- Presence of any ingredient on an authoritative list of Chemicals of Concern (see pages 12 and 13 of the guidance document for a list of the lists).
- Research on the effects on human health and the environment of covered products or the chemical ingredients of products.
- Date of disclosure.
Under the program, manufacturers of cleaning products will also be required to disclose the ingredients of their products on their websites.
In cases where information is withheld from the public as Confidential Business Information (CBI), the nature and degree of the information withheld should be disclosed, but such information should not be submitted to the DEC or posted on the web.
The draft 2017 Household Cleansing Product Information Disclosure Certification Form (pages 1-4) that manufacturers are required to complete and file is available.
What is next?
Public comments on the Household Cleansing Product Information Disclosure Program Certification Form and guidance document will be accepted through July 14, 2017 (the original deadline of June 14 was extended by a month).
Manufacturers should review the authoritative lists of Chemicals of Concern mentioned in the guidance document, and determine whether ingredients that cannot be claimed as CBI are found on any of the lists, which would trigger disclosure obligations.
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