California Cleaning Product Right to Know Act (SB 258) – Requirements

By: Alison Senyi, SENIOR PRODUCT SAFETY SPECIALIST, email

The California Cleaning Product Right to Know Act, signed by Governor Jerry Brown in October 2017, mandates that manufacturers of consumer and commercial finished products provide a specific list of the chemicals used in these products. The primary goal of the Act is to ensure product transparency. By requiring manufacturers and responsible parties to disclose the ingredient list and other relevant product information, the Act empowers consumers and encourages informed purchasing decision and works to protect public health.

In addition to ingredient disclosure, the Act also requires the identification of certain chemicals that may pose health risks, such as those that are human carcinogens, mutagenic, or toxic to reproduction. This level of detail helps consumers understand the potential health impacts of the products they purchase and avoid exposure to potentially harmful chemicals.

“Designated Product” Definition

Designated Product is defined as any product containing one or more chemicals identified by the state of California as hazardous. This extensive list includes over 900 chemicals, affecting a broad spectrum of items—from food and beverages to household products and even certain environments where these substances are found, such as specific workplaces or buildings.

In-Scope Products

The California Right to Know Act applies to cleaning products sold in the state, including general purpose cleaners, air fresheners, automotive cleaning products, and polishes and floor maintenance products. Manufacturers are required to disclose ingredients and other information online and on product labels. Certain products, such as foods, drugs, cosmetics, products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and industrial products specifically manufactured for certain industrial manufacturing processes are excluded from these requirements.

Deadline for Compliance

The Act had two deadlines – one for the product’s internet web site and one for the label. Both deadlines have now passed, and if you are selling products to California under this Act, then you are expected to be in compliance. Please see the below sections for additional information related to deadlines.

Online Disclosure Requirements

The information to be disclosed on your website as of January 1, 2020, included but is not restricted to:

• The functional purpose for each intentionally added ingredient.
• A list of all nonfunctional constituents present at ≥ 0.01 percent (100 ppm).
• 1, 4-dioxane if it’s present at ≥ 0.001 percent (10 ppm).
• CAS number for each listed ingredient.
• Weblinks to the designated lists for any ingredient disclosed.
• A link to the Safety Data Sheets for the product.
• Other specific requirements that apply to the disclosure of fragrance allergens.

Product Label Disclosure Requirements

Product Label Disclosure was required on January 1, 2021. The required changes for the product label include:

• Disclosure of each intentionally added ingredient.
• Disclosure of any ingredient present on any of the 23 Designated Lists (including Proposition 65), and present at ≥ 0.01 percent.
• Disclosure of Fragrance Allergens present at ≥ 0.01 percent (100 ppm).
• A toll free phone number for the manufacturer.
• A website address for the manufacturer.

Any intentionally added ingredient that is regulated by California’s Safe Drinking Water and Toxic Enforcement Act (known as Proposition 65), was not required to be listed until January 1, 2023.

Enforcement

The Federal Environmental Protection Agency (EPA) plays a significant role in protecting public health and the environment, assessing chemicals and managing associated risks at a federal level. In addition to EPA, The Office of Environmental Health Hazard Assessment (OEHHA) is also crucial in implementing and enforcing state level mandates, such as the California’s Right to Know laws and Proposition 65.

Proposition 65 is designed to protect California’s drinking water from contamination and to inform the public about chemicals that cause cancer or reproductive toxicity. It mandates that businesses provide clear warnings before exposing individuals to these chemicals and prohibits discharges into drinking water sources. Applicable to businesses with 10 or more employees, Proposition 65 ensures transparency and empowers consumers to make informed decisions about chemical exposures.

Who is impacted?

If you’re selling products in California, the Right to Know Act will impact you. As regulations tighten, Dell Tech is your go-to partner for navigating these requirements. Our Enhanced CPSC report not only classifies your product under US consumer regulations but also provides you with a comprehensive document for accurate labelling and website disclosure.

With our innovative Excel®-based search tool, you can effortlessly match your CAS numbers against all Designated Lists, streamlining your product labelling and online disclosures in minutes.

Reach out to Dell Tech today to discover how we can ensure your product meets the Right to Know Act standards and stay ahead of the compliance curve.

Dell Tech has provided professional, confidential consulting services to the specialty chemical 

industry in Canada, the USA, Europe, and Asia for the last 40 years.