Ingredient Disclosure Regulations Update – NY DEC Household Cleansing Product Information Disclosure Program
By: Joe McCarthy, Lab Service Manager/Senior Regulatory Affairs Specialist, email
HCPA/ACI Lawsuit Update.
The New York Attorney General has agreed to withdraw a motion to dismiss the Household & Commercial Products Association (HCPA) and American Cleaning Institute (ACI) lawsuit opposing New York’s Cleaning Products Ingredient Disclosure Policy.
Additionally, New York State Department of Environmental Conservation (NYS DEC) has communicated it will delay enforcement of the first required milestone for disclosure until January 1st, 2020 for manufacturers employing more than 100 people. This is a delay in the requirement to disclose: intentionally added ingredients other than fragrance ingredients; and non-functional ingredients present above trace quantities.
The NY Attorney General has until June 14th 2019 to file a response to the HCPA/ACI law suit. The HCPA/ACI will have until June 27th 2019 to file a response to the NY Attorney General. The court will then have up to 6 months to rule whether NY State had the authority to issue the Cleaning Products Ingredient Disclosure Policy.
Hope for the best, plan for the worst.
Applicability
The NYS DEC Household Cleansing Product Information Disclosure Program will require Manufacturers, Importers and Distributors of Cleaning products in New York State to post online ingredient disclosure for products on their websites.
This disclosure must include;
- Intentionally added ingredients.
- CAS# of ingredients.
- Function of the ingredients.
- Whether the ingredient appears on any one of 29 different Chemicals of Concern lists.
The regulations cover soaps and detergents used in commercial or consumer cleaning applications and “includes but is not limited to”: cleaning fabric, dishes, utensils, household and commercial properties.
This regulation sets some very prescriptive requirements with registrations, renewals and references to substances of concern.
Will you be ready?
Deadline Description by July 1st, 2019 Manufacturers must post all required information for the following ingredients:
· Intentionally added ingredients other than fragrance ingredients; and
· Non-functional ingredients present above trace quantities.
Manufacturers who are independently owned and operated and employ 100 or less persons are not required to post such information until July 1st, 2020.by July 1st, 2020 Manufacturers must post all required information for the following ingredients:
· Fragrance ingredients;
· Non-functional by-products listed in Appendix D present at or above 100 ppm, (except for 1,4 dioxane, which should be reported at or above 350 ppt, and PFOA and PFOS, which should be reported at a combined level of at or above 70 ppt);
· Non-functional contaminants listed in Appendix D present at or above 100 ppm, (except for 1,4 dioxane, which should be reported at or above 350 ppt, and PFOA and PFOS, which should be reported at a combined level of at or above 70 ppt).by January 1st, 2023 Manufacturers must post all required information for the following ingredients:
· Non-functional by-products which appear on one or more of the lists of chemicals of concern named in Appendix B and are present at or above the practical quantitation limit; and
· Non-functional contaminants which appear on one or more of the lists of chemicals of concern named in Appendix B and are present at or above the thresholds described in Section V.A.3 of this Policy, “Confidential Business Information and Extent of Disclosure,”.
Do you know where to find the Chemical of Concern lists?
Do you have an efficient and effective tool to search these lists?
Dell Tech can help you to get your disclosure requirements in place and support your compliance through this process.
Contact:
Dell Tech
Joe McCarthy, Senior Regulatory Affairs Specialist
jmccarthy@delltech.com
519-858-5024
Dell Tech has provided professional, confidential consulting services to the chemical specialty
industry in Canada, the USA, Europe, and Asia for the last 40 years.
Contact us today for more information.
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