U.S. – New York State First to Require Disclosure of Chemicals in Household Cleansers

The New York State Department of Environmental Conservation (NYSDEC) has released a draft of the Household Cleansing Product Information Disclosure Program for public comment. The program will be the first in the United States to require manufacturers to divulge chemicals in household cleansing products that may adversely affect human health or the environment. Comments will be accepted until 14 June 2017. Affected products include items such as surfactant-containing soaps and detergents “used primarily for domestic or commercial cleaning purposes, including but not limited to cleansing of fabrics, dishes, food utensils and household and commercial premises.” Excluded from this program are foods, drugs, cosmetics and pesticides, as defined in the draft document. Certain commercial locations that will be included in the program are specified in the draft document. The Cleansing Product Information Disclosure Certification Form must be submitted to the NYSDEC by manufacturers for all “domestic and commercial cleaning products distributed, sold, or offered for sale in New York State.” In addition to the certification form, the program also includes a Guidance Document to assist manufacturers, which contains strict guidelines on how the manufacturer will provide the information to the consumers. There are other stringent rules in which manufacturers must follow to provide the disclosure. The Guidance Document also includes information on how similar products may be handled under the disclosure. The information that is required to be disclosed includes items such as product and manufacturer information, ingredients, health and environmental effects, etc. Provisions for Confidential Business Information (CBI) are provided and can be used to withhold ingredients from disclosure. Unless the manufacturer is claiming CBI, all ingredients intentionally included in a household cleanser, including trace amounts, must be disclosed. The Guidance Document has also defined a list of “Chemicals of Concern” in which the manufacturer must disclose the ingredient, and may not withhold as CBI, if it is on any of the lists. Some of the “Chemicals of Concern” lists are: The Association of Occupational and Environmental Clinics (AOEC) Asthmagen List; International Agency for Research on Cancer (IARC) Carcinogen List; E.U.: Endocrine Disruptor List, Substances of Very High Concern List; U.S. Environmental Protection Agency (EPA): Chemical of Concern List, Persistent, Bioaccumulative, and Toxic (PBT) Chemicals List, Priority Chemicals List, Ozone Depleting List. The “Chemicals of Concern” additionally include chemicals that would be categorised under the Globally Harmonised System for Classification and Labelling of Chemicals (GHS) as a skin corrosive/irritant, serious eye damage/irritant, respiratory or skin sensitizer, mutagen, or aquatic toxin. The proposed program also requires the manufacturers to update the information each time the formulation of the product is changed, or a new product is available in the market. Moreover, the manufacturers will be required to review the information once every two years at a minimum, and update as necessary. Complete details can be found on the NYSDEC site. Further information is available at: http://www.governor.ny.gov/news/governor-cuomo-announces-new-regulations-require-disclosure-chemicals-household-cleaning http://www.dec.ny.gov/chemical/109021.html http://www.dec.ny.gov/docs/administration_pdf/cleanpdtingr.pdf

ChemAdvisor, 19 May 2017 ;https://www.chemadvisor.com ;