Ingredient Disclosure Regulations Update
By: Joe McCarthy, Lab Service Manager/Senior Regulatory Affairs Specialist, email
NY DEC Household Cleansing Product Information Disclosure Program struck down by NYS Supreme Court.
HCPA/ACI Lawsuit Update.
On August 27th The New York State Supreme Court “ORDERED AND ADJUDGED” that the “Household Cleansing Product lnformation Disclosure Program issued by respondent New York State Department of Environmental Conservation is null and void and the matter is remitted back to DEC with the directive to comply with SAPA.” (State Administrative Procedure Act). DECISION/JUDGMENT, Index No. 06216-18, RJI No. 01-46-18-ST9885
As a result, manufacturers and importers of cleaning products in New York are no longer required to provide product ingredient disclosure by January 1, 2020, for the State of New York.
There are 4 possibilities going forward:
- The NYSDEC could appeal the ruling. An appeal from start to end could take about 14 months. It is possible, though very unlikely, that NY DEC files for and receives a stay of the court ruling pending appeal, which would allow the Disclosure Program to go into effect on January 1, 2020, as written.
- The NYSDEC could go through the rulemaking process according to State Administrative Procedure Act to enact a new rule. This process could take a year or more.
- The NYSDEC can ask the legislature and the governor to pass a law granting them the statutory authority to make the Disclosure Program law. This could start in January 2020, but this would be new legislation and could take several months or more to pass.
- The NYSDEC could do nothing.
California Cleaning Product Right to Know Act website deadline fast approaching.
The deadline for the California Cleaning Product Right to Know Act website disclosure is still January 1, 2020. The requirements for website disclosure include a list of each ingredient in the product along with CAS#, the function of the ingredient, and whether the ingredient is included in any of the 23 designated lists.
The designated lists can be problematic. The California Cleaning Product Right to Know Act does not provide links to the lists. The lists are in different formats (html, PDF, XLS, CSV, text). In many cases, these are not a list but entire legislation/regulation that must be mined to determine the presence of an ingredient on the list.
How are you finding and searching the 23 designated lists for each of the ingredients in your product?
How long is that taking you and will you be ready for January 1st, 2020?
Join Dell Tech for a free webinar on Wednesday, September 18th for an update on the:
- NY DEC Household Cleansing Product Information Disclosure Program.
- California Cleaning Product Right to Know Designated Lists.
- How we can help you search every list for every ingredient you use with a simple click.
Joe McCarthy, Senior Regulatory Affairs Specialist