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A02208 Summary:

BILL NOA02208
 
SAME ASNo Same As
 
SPONSOROrtiz
 
COSPNSR
 
MLTSPNSR
 
Desig Art 35 35-0101 - 35-0109 to be Title 1, add Title Head, add Art 35 Title 2 35-0201 - 35-0211, En Con L; add 399-ggg, Gen Bus L
 
Relates to enacting the cleaning product right to know act, which establishes labeling requirements for cleaning products that contain hazardous ingredients.
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A02208 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2208
 
SPONSOR: Ortiz
  TITLE OF BILL: An act to amend the environmental conservation law and the general business law, in relation to enacting the cleaning product right to know act   PURPOSE: The New York State Cleaning Product to Know Act will require known hazardous chemicals in cleaning products to be listed on both product labels and online.   SUMMARY OF PROVISIONS: Section 1; cites the legislation as the "NYS Cleaning Product Right to Know Act. Section 2; Sections 35-0101 through 35-0109 of article 35 of the envi- ronmental conservation law shall be entitled; Cleansing Products Containing Phosphorus. Section 3; Article 35 of the environmental conservation law is amended by adding a title 2; Ingredient Labeling For Cleansing Products Sold In-Store and Online. Chemicals of concern shall be listed in detail Section 4; The general business law is amended by adding a new section 399-ggg to read as follows: Labeling of cleaning products. No person, firm, or corporation shall sell or offer for sale any household cleans- ing product in violation of title two or article thirty-five of the environmental conservation law. Section 5; This act shall take effect one year after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.   JUSTIFICATION: Unlike retail cosmetics or packaged food, no federal requirements exist for disclosing ingredients in cleaning products which means this legis- lation will raise a new high bar for cleaning product ingredient disclo- sure nationwide. The New York State Cleaning Product to Know Act will require known hazardous chemicals in cleaning products to be listed on both product labels and online. Chemicals found in cleaning products have been shown to cause cancer, birth defects, asthma and other serious health effects and ingredient labeling responds to consumers' demand for transparency. Consumers and shoppers will be able to compare two products side by side in the store to see what chemicals they contain and decide which one is right for them and their families, just like they do with food and cosmetics. Parents of children with asthma and allergies will be able to see if the product has ingredients that could make their conditions worse. Domes- tic workers and custodians exposed to cleaning products at work all day will be able to advocate for safer alternatives. More importantly cancer survivors who are told to avoid certain chemicals will know if they are present in cleaning products.   LEGISLATIVE HISTORY: 2018: A10519 - Referred to Environmental Conservation   FISCAL IMPLICATIONS: None to the State   EFFECTIVE DATE: This act shall take effect one year after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effec- tive date are authorized to be made and completed on or before such effective date.
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A02208 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2208
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2019
                                       ___________
 
        Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
          on Environmental Conservation
 
        AN ACT to amend the environmental conservation law and the general busi-
          ness law, in relation to enacting the cleaning product right  to  know
          act
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "cleaning product right to know act".
     3    §  2.  Sections  35-0101 through 35-0109 of article 35 of the environ-
     4  mental conservation law are designated title 1 and a new  title  heading
     5  is added to read as follows:
     6                  CLEANSING PRODUCTS CONTAINING PHOSPHORUS
     7    §  3.  Article  35 of the environmental conservation law is amended by
     8  adding a new title 2 to read as follows:
     9                                    TITLE 2
    10     INGREDIENT LABELING FOR CLEANSING PRODUCTS SOLD IN-STORE AND ONLINE
    11  Section 35-0201. Definitions.
    12          35-0203. In-store product labeling requirements.
    13          35-0205. Online product labeling requirements.
    14          35-0207. Protections for confidential business information.
    15          35-0209. Method of labeling.
    16          35-0211. Severability.
    17  § 35-0201. Definitions.
    18    For purposes of this section,  the  following  terms  shall  have  the
    19  following meanings:
    20    a.  "Air  care product" means a chemically formulated consumer product
    21  labeled to indicate that the purpose of the product  is  to  enhance  or
    22  condition  the  indoor  environment  by  eliminating unpleasant odors or
    23  freshening the air.
    24    b. "Automotive product" means a chemically formulated consumer product
    25  labeled to indicate that the purpose of the product is to  maintain  the
    26  appearance  of  a  motor vehicle including products for washing, waxing,
    27  polishing, cleaning, or treating the exterior or  interior  surfaces  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05850-01-9

        A. 2208                             2
 
     1  motor vehicles.  "Automotive product" shall not include automotive paint
     2  or paint repair products.
     3    c. "Chemically formulated consumer product" means a product, excluding
     4  home  appliances,  that  is  manufactured  from  chemicals to be used by
     5  household, institutional, or commercial consumers without further  proc-
     6  essing  for  specific  purposes.  For  the  purposes  of this paragraph,
     7  dilution by the user is not considered further processing.
     8    d. "Colorant" means ingredients that, alone  or  in  combination  with
     9  other  ingredients,  are  added to a product for the specific purpose of
    10  imparting or altering the color of a product.
    11    e. "Confidential business information" means any  intentionally  added
    12  ingredient  or  combination  of  ingredients  for which a claim has been
    13  approved by the United States environmental protection agency for inclu-
    14  sion on the federal Toxic Substances Control Act Confidential Inventory,
    15  or for which the manufacturer or its supplier can claim as a protectable
    16  trade secret or a proprietary process. Confidential business information
    17  shall not include any of the following:
    18    (i) An intentionally added ingredient or  combination  of  ingredients
    19  that  is  on  a  designated  list,  as  defined in subdivision g of this
    20  section.
    21    (ii) A nonfunctional constituent, as defined in subdivision m of  this
    22  section.
    23    (iii)  A  fragrance allergen included on Annex III of the EU Cosmetics
    24  Regulation No. 1223/2009 as required to be labeled by the EU  Detergents
    25  Regulation  No.  648/2004,  or  subsequent updates to those regulations,
    26  when present in the product at a concentration at or above 0.01  percent
    27  (100 ppm).
    28    f.  "Designated  product" means a finished product that is an air care
    29  product, automotive product, general cleaning product, or  a  polish  or
    30  floor  maintenance  product  used primarily for janitorial, domestic, or
    31  institutional cleaning purposes. "Designated product" shall not mean any
    32  of the following:
    33    (i) Foods, drugs, and cosmetics, including personal care items such as
    34  toothpaste, shampoo, and hand soap.
    35    (ii) Industrial products specifically manufactured for, and exclusive-
    36  ly used in the following:
    37    (A) Oil and gas production.
    38    (B) Steel production.
    39    (C) Heavy industry manufacturing.
    40    (D) Industrial water treatment.
    41    (E) Industrial textile maintenance and processing  other  than  indus-
    42  trial laundering.
    43    (F) Food and beverage processing and packaging.
    44    (G) Other industrial manufacturing processes.
    45    (iii)  A trial sample of a designated product that is not packaged for
    46  individual sale, resale, or retail and includes a  statement  indicating
    47  that the product is not for sale or resale.
    48    g. "Designated list" means any of the following:
    49    (i)  Chemicals,  as determined by the commissioner, to cause cancer or
    50  reproductive toxicity.
    51    (ii) Chemicals classified by the European Union as carcinogens,  muta-
    52  gens,  or  reproductive toxicants pursuant to Category 1A or 1B in Annex
    53  VI to Regulation (EC) 1272/2008.
    54    (iii) Chemicals included in  the  European  Union  Candidate  List  of
    55  Substances  of  Very High Concern in accordance with Article 59 of Regu-

        A. 2208                             3
 
     1  lation (EC) 1907/2006 on  the  basis  of  Article  57(f)  for  endocrine
     2  disrupting properties.
     3    (iv)  Chemicals  for which a reference dose or reference concentration
     4  has been developed based on neurotoxicity in the  federal  environmental
     5  protection agency's integrated risk information system.
     6    (v) Chemicals that are identified as Group A, B1, or B2 carcinogens in
     7  the  federal  environmental protection agency's integrated risk informa-
     8  tion system.
     9    (vi) Chemicals included in the  European  Chemicals  Agency  Candidate
    10  List of Substances of Very High Concern in accordance with Article 59 of
    11  Regulation  (EC) 1907/2006 on the basis of Article 57(d), Article 57(e),
    12  or Article 57(f) of Regulation (EC) 1907/2006 for persistent, bioaccumu-
    13  lative and toxic, or very persistent and  very  bioaccumulative  proper-
    14  ties.
    15    (vii)  Chemicals  that  are identified as persistent, bioaccumulative,
    16  and inherently toxic to the environment by  the  Canadian  Environmental
    17  Protection Act Environmental Registry Domestic Substances List.
    18    (viii) Chemicals classified by the European Union in Annex VI to Regu-
    19  lation (EC) 1272/2008 as respiratory sensitizer category 1.
    20    (ix)  Group  1,  2A, or 2B carcinogens identified by the International
    21  Agency for Research on Cancer.
    22    (x) Neurotoxicants that are identified in the federal Agency for Toxic
    23  Substances  and  Disease  Registry's  Toxic  Substances  Portal,  Health
    24  Effects of Toxic Substances and Carcinogens, Nervous System.
    25    (xi)  Persistent bioaccumulative and toxic priority chemicals that are
    26  identified by the federal environmental protection agency National Waste
    27  Minimization Program.
    28    (xii) Reproductive or developmental toxicants identified in Monographs
    29  on the Potential Human Reproductive and Developmental Effects  published
    30  by  the federal National Toxicology Program, Office of Health Assessment
    31  and Translation.
    32    (xiii) Chemicals identified by the  federal  environmental  protection
    33  agency's  Toxics  Release  Inventory  as Persistent, Bioaccumulative and
    34  Toxic Chemicals that are subject to reporting under section 313  of  the
    35  Emergency  Planning  and  Community Right-to-Know Act of 1986 (42 U.S.C.
    36  Sec. 11001, et seq.).
    37    (xiv) The Washington Department of Ecology's Persistent,  Bioaccumula-
    38  tive,  Toxic  (PBT) Chemicals identified in Chapter 173-333 of Title 173
    39  of the Washington Administrative Code.
    40    (xv) Chemicals that are identified  as  known  to  be,  or  reasonably
    41  anticipated  to  be, human carcinogens by the 13th Report on Carcinogens
    42  prepared  by  the  federal  National  Toxicology  Program.    Subsequent
    43  revisions to this list shall not be incorporated.
    44    (xvi) Chemicals that are identified on Part A of the list of Chemicals
    45  for  Priority  Action prepared by the Oslo and Paris Conventions for the
    46  Protection of the Marine Environment of the North-East Atlantic.
    47    h.  "Electronically  readable  format"  means  that  the   information
    48  provided is all of the following:
    49    (i)  Machine readable by automated systems, including, but not limited
    50  to, web browsers, accessibility software to aid the disabled,  automated
    51  scripts, and other software programs or applications.
    52    (ii) Not restricted from access by search engines.
    53    (iii)  Not  restricted  from access by a requirement for registration,
    54  the provision of personally identifiable information, or the  use  of  a
    55  program  or  system  intended to distinguish human from machine input or

        A. 2208                             4
 
     1  similar challenge response test technologies, whether visual,  auditory,
     2  or otherwise.
     3    (iv)  Conforms to the most current version of the Web Content Accessi-
     4  bility Guidelines adopted by the Web  Content  Accessibility  Guidelines
     5  Working Group of the World Wide Web Consortium.
     6    i.  "Fragrance  ingredient" means any intentionally added substance or
     7  complex mixture of aroma chemicals, natural essential  oils,  and  other
     8  functional  ingredient  or  ingredients for which the sole purpose is to
     9  impart an odor or scent, or to counteract an odor.
    10    j. "General cleaning product" means a soap, detergent, or other chemi-
    11  cally formulated consumer product labeled to indicate that  the  purpose
    12  of  the  product  is  to clean, disinfect, or otherwise care for fabric,
    13  dishes, or other wares; surfaces including, but not limited to,  floors,
    14  furniture, countertops, showers, and baths; or other hard surfaces, such
    15  as stovetops, microwaves, and other appliances.
    16    k.  "Intentionally  added ingredient" means a chemical that a manufac-
    17  turer has intentionally added to a designated product  and  that  has  a
    18  functional or technical effect in the designated product, including, but
    19  not limited to, the components of intentionally added fragrance ingredi-
    20  ents and colorants and intentional breakdown products of an added chemi-
    21  cal  that  also  have a functional or technical effect in the designated
    22  product.
    23    l. "Manufacturer" means either of the following:
    24    (i) A person or entity who manufactures  the  designated  product  and
    25  whose name appears on the product label.
    26    (ii)  A  person  or  entity  whom  the  product is manufactured for or
    27  distributed by, as identified on  the  product  label  pursuant  to  the
    28  federal fair packaging and labeling act.
    29    m.  "Nonfunctional constituent" means one of the following substances,
    30  that is an incidental component of an intentionally added ingredient,  a
    31  breakdown  product  of an intentionally added ingredient, or a byproduct
    32  of the manufacturing process that has no functional or technical  effect
    33  on the designated product:
    34    (i) 1,4 dioxane.
    35    (ii) 1,1 dichloroethane.
    36    (iii) Acrylic acid.
    37    (iv) Benzene.
    38    (v) Benzidine.
    39    (vi) 1,3 butadiene.
    40    (vii) Carbon tetrachloride.
    41    (viii) Chloroform.
    42    (ix) Ethylene oxide.
    43    (x) Nitilotriacetic acid.
    44    (xi) Butyl benzyl phthalate.
    45    (xii) Butyl decyl phthalate.
    46    (xiii) Di(2-ethylhexyl) phthalate.
    47    (xiv) Diethyl phthalate.
    48    (xv) Diisobutyl phthalate.
    49    (xvi) Di(n-octyl) phthalate.
    50    (xvii) Diisononyl phthalate.
    51    (xviii) Dioctyl phthalate.
    52    (xix) Butylparaben.
    53    (xx) Ethylparaben.
    54    (xxi) Isobutylparaben.
    55    (xxii) Methylparaben.
    56    (xxiii) Propylparaben.

        A. 2208                             5
 
     1    (xxiv) Formaldehyde.
     2    (xxv) 1-(3-chloroallyl)-3,5,7-triaza-1-azoniaadamantane chloride.
     3    (xxvi) DMDM hydantoin.
     4    (xxvii) Diazolidinyl urea.
     5    (xxviii) Glyoxal.
     6    (xxix) Imidazolidinyl urea.
     7    (xxx) Polyoxymethylene urea.
     8    (xxxi) Sodium hydroxymethylglycinate.
     9    (xxxii) 2-Bromo-2-nitropropane-1,3-diol.
    10    (xxxiii) N-Nitrosodimethylamine.
    11    (xxxiv) N-Nitrosodiethylamine.
    12    n. "Polish or floor maintenance product" means a chemically formulated
    13  consumer  product,  such as polish, wax, or a restorer, labeled to indi-
    14  cate that the purpose of the product is to polish, protect, buff, condi-
    15  tion, temporarily seal, or maintain furniture, floors,  metal,  leather,
    16  or other surfaces.
    17    o.  "Product  label"  means  a display of written, printed, or graphic
    18  material that is affixed to a product  or  its  immediate  container  or
    19  wrapper.
    20  § 35-0203. In-store product labeling requirements.
    21    A  manufacturer  of  a  designated  product  sold  in  the state shall
    22  disclose on the product label the information specified by either subdi-
    23  vision a or b of this section:
    24    a. (i) A list of each intentionally added ingredient contained in  the
    25  product that is included on a designated list.
    26    (ii) A list of each fragrance allergen included on Annex III of the EU
    27  Cosmetics  Regulation No.  1223/2009 as required to be labeled by the EU
    28  Detergents Regulation No. 648/2004, when present in  the  product  at  a
    29  concentration at or above 0.01 percent (100 ppm). The manufacturer shall
    30  determine  the  total concentration of each fragrance allergen by adding
    31  contributions of the fragrance allergen from all  fragrance  ingredients
    32  and  other ingredients in the designated product, including its presence
    33  in essential oils.
    34    b. (i) A list of all intentionally added ingredients contained in  the
    35  designated product, unless it is confidential business information.
    36    (ii)  A statement that reads "Contains fragrance allergen(s)" shall be
    37  included on the product label when  a  fragrance  allergen  included  on
    38  Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be
    39  labeled  by  the  EU  Detergents  Regulation No. 648/2004, or subsequent
    40  updates to those regulations, is present in the  product  at  a  concen-
    41  tration  at  or  above  0.01  percent  (100 ppm). The manufacturer shall
    42  determine the total concentration of each fragrance allergen  by  adding
    43  contributions  of  the fragrance allergen from all fragrance ingredients
    44  and other ingredients in the designated product, including its  presence
    45  in essential oils.
    46    (iii)  Notwithstanding  paragraph  (i)  of this subdivision, fragrance
    47  ingredients  or  colorants  may  be  listed  on  the  product  label  as
    48  "fragrances" or "colorants," respectively.
    49    c.  (i) A manufacturer of a designated product sold in the state shall
    50  disclose the  manufacturer's  toll-free  telephone  number  and  website
    51  address on the designated product label.
    52    (ii)  If  a  designated  product label does not include a full list of
    53  intentionally added ingredients, it shall include all of the following:
    54    (A)  A  statement  that  reads:  "For  more   ingredient   information
    55  visit          "

        A. 2208                             6

     1    (B) A website address that provides all of the information required by
     2  section 35-0205 of this title.
     3    (C) A toll-free phone number.
     4    d.  This  section  shall not apply to a product that is a pesticide as
     5  defined in subdivision 35 of section 33-0101 of this chapter.
     6    e. This section shall not be construed to preclude a manufacturer from
     7  using technologies, such as electronic or digital link, in  addition  to
     8  the disclosures required to be printed on a designated product label, to
     9  communicate the information required by this section.
    10  § 35-0205. Online product labeling requirements.
    11    a.  The  manufacturer  of a designated product sold in the state shall
    12  post on its website address, in an electronically readable  format,  the
    13  following information related to the designated product:
    14    (i) (A) A list of each intentionally added ingredient contained in the
    15  product, except for the following:
    16    (1) Fragrance ingredients subject to subdivision b of this section.
    17    (2)  Intentionally  added  ingredients  that are confidential business
    18  information.
    19    (B) Intentionally added ingredients listed pursuant to this  paragraph
    20  shall  be  listed  in  descending order of predominance by weight in the
    21  product, except that ingredients present at a weight below  one  percent
    22  may  be  listed  following  the other ingredients without respect to the
    23  order of predominance by weight.
    24    (ii) (A) A list of  all  nonfunctional  constituents  present  in  the
    25  designated  product  at  a  concentration  at or above 0.01 percent (100
    26  ppm).
    27    (B) Notwithstanding subparagraph (A) of this paragraph, 1,  4  dioxane
    28  shall be listed if it is present in the finished designated product at a
    29  concentration at or above 0.001 percent (10 ppm).
    30    (iii)  The  Chemical  Abstracts  Service  (CAS)  number for any inten-
    31  tionally added ingredient or nonfunctional constituent  listed  pursuant
    32  to this section shall be listed with the name of the intentionally added
    33  ingredient  or  nonfunctional constituent. If a CAS number is not avail-
    34  able or if the intentionally added ingredient is  confidential  business
    35  information,  the  phrase  "not  available" or "withheld," respectively,
    36  shall be used in place of the CAS number.
    37    (iv) The functional purpose served by each intentionally added  ingre-
    38  dient  listed  pursuant  to  this  section. For fragrance ingredients or
    39  colorants, the manufacturer may list the function as a "fragrance ingre-
    40  dient" or "colorant."
    41    (v) Electronic links for designated lists shall be grouped together in
    42  a single location for any intentionally  added  ingredient  or  nonfunc-
    43  tional  constituent  that  is  included  on  a  designated  list and any
    44  fragrance allergen included on Annex III of the EU Cosmetics  Regulation
    45  No.  1223/2009 as required to be labeled by the EU Detergents Regulation
    46  No. 648/2004, or subsequent updates to those regulations.
    47    (vi) A website address to the hazard communication safety  data  sheet
    48  for the designated product.
    49    (vii)  If  a product is required to include a website address pursuant
    50  to paragraph (i) of subdivision c of section 35-0203 of this title,  the
    51  information  required  to be provided by this section shall be posted no
    52  more than five clicks from the Uniform Resource Locator (URL) printed on
    53  the designated product label  and  no  more  than  four  clicks  from  a
    54  product-specific  website  address.  If  a  URL  is  not  required to be
    55  included on the designated product label, as provided in  subdivision  d
    56  of this section, the information required by this section shall be post-

        A. 2208                             7
 
     1  ed  no more than five clicks from the manufacturer's website address and
     2  no more than four clicks from a product-specific website address.
     3    b.  In  addition  to the information required by subdivision a of this
     4  section, the manufacturer of a designated  product  sold  in  the  state
     5  shall  post on its website, in an electronically readable format, all of
     6  the following information related to fragrance ingredients or  allergens
     7  contained in the designated product:
     8    (i)  A list of all fragrance ingredients that are included on a desig-
     9  nated list.
    10    (ii) A list of all fragrance allergens included on Annex III of the EU
    11  Cosmetics Regulation No.  1223/2009 as required to be labeled by the  EU
    12  Detergents Regulation No. 648/2004, or subsequent updates to those regu-
    13  lations, when present in the product at a concentration at or above 0.01
    14  percent  (100  ppm).  The manufacturer shall determine the total concen-
    15  tration of each  fragrance  allergen  by  adding  contributions  of  the
    16  fragrance  allergen from all fragrance ingredients and other ingredients
    17  in the designated product, including its presence in essential oils.
    18    (iii) A list of all fragrance ingredients, other than those  described
    19  in  paragraphs  (i)  and  (ii)  of this subdivision, inclusive, that are
    20  present in the designated product at a concentration at  or  above  0.01
    21  percent (100 ppm), unless it is confidential business information.
    22    c.  A manufacturer of a designated product regulated under the federal
    23  Occupational Safety and Health Act of 1970 shall  make  the  information
    24  described  in  this  section  available in an easily printable format. A
    25  manufacturer may satisfy this requirement by including this  information
    26  on the product safety data sheet or in a separate printable list.
    27    d.  A  manufacturer  of a product regulated as a pesticide pursuant to
    28  section 33-0101 of this chapter is not required to include  a  reference
    29  to a website address on the designated product label.
    30  § 35-0207. Protections for confidential business information.
    31    a.  To protect confidential business information, this title shall not
    32  be construed to require a manufacturer to disclose the weight or  amount
    33  of  an intentionally added ingredient, including a fragrance ingredient,
    34  or nonfunctional constituent or to disclose how a  product  is  manufac-
    35  tured,  and shall not be construed to require intentionally added ingre-
    36  dients or nonfunctional constituents present in a designated product  at
    37  a concentration below one percent to be listed in any particular order.
    38    b.  (i) A manufacturer may protect and is not required to disclose any
    39  intentionally added ingredient, including any fragrance  ingredient,  or
    40  combination  of intentionally added ingredients that meet the definition
    41  of confidential business information as specified in  subdivision  e  of
    42  section 35-0201 of this title.
    43    (ii)  (A) A manufacturer that protects an intentionally added ingredi-
    44  ent, including a fragrance ingredient, or combination  of  intentionally
    45  added  ingredients  as confidential business information by declining to
    46  disclose the specific name of the chemical or chemicals being  protected
    47  shall  use  the  generic  name for the intentionally added ingredient or
    48  combination of intentionally added ingredients as provided in the feder-
    49  al Toxic Substances Control Act (hereinafter "TSCA") Confidential Inven-
    50  tory.
    51    (B) If the intentionally added ingredient  or  combination  of  inten-
    52  tionally  added  ingredients  is  not  included in the TSCA Confidential
    53  Inventory, but the manufacturer claims protection for those  ingredients
    54  or  combination of ingredients as confidential business information as a
    55  protectable trade secret or proprietary process, the manufacturer  shall
    56  use  a  name  for  the  intentionally added ingredient or combination of

        A. 2208                             8
 
     1  intentionally added ingredients that is only as generic as necessary  to
     2  protect  the confidential identity of the intentionally added ingredient
     3  or combination of intentionally added  ingredients.  In  developing  the
     4  generic  name,  the  manufacturer  shall  use the generic name framework
     5  provided by the federal environmental protection agency guidance for the
     6  TSCA Confidential Inventory, the European Chemicals Agency guidance  for
     7  alternative  chemical names, the New Jersey Trade Secret Registry Number
     8  system, or the  Canadian  Hazardous  Materials  Information  Review  Act
     9  Registry Number system, if applicable.
    10    c.  A  manufacturer  that  protects an intentionally added ingredient,
    11  including a fragrance ingredient, or combination of intentionally  added
    12  ingredients  as  a protectable trade secret or proprietary process shall
    13  maintain justification for protecting confidential business  information
    14  consistent  with  the requirements of this title and provide that justi-
    15  fication on request for audit by the attorney general.
    16    d. A supplier to a manufacturer that protects an  intentionally  added
    17  ingredient,  including  a fragrance ingredient, or combination of inten-
    18  tionally added ingredients as confidential  business  information  shall
    19  follow  the guidelines specified in subdivisions b and c of this section
    20  and the manufacturer shall use the generic name provided by the  suppli-
    21  er.
    22  § 35-0209. Method of labeling.
    23    An  intentionally  added ingredient, fragrance ingredient, or nonfunc-
    24  tional constituent listed or posted pursuant to this title,  other  than
    25  an  ingredient  for  which use of a generic name is permitted by section
    26  35-0207 of this title, shall be listed or posted pursuant to the follow-
    27  ing nomenclature systems, in the order in which they are  listed.  If  a
    28  name is available in either of the first listed systems, that name shall
    29  be  used.  If a name is not available in those systems, then a name from
    30  the next listed system shall be used, and so forth:
    31    a. Consumer Specialty Products Association Consumer  Product  Ingredi-
    32  ents Dictionary or International Nomenclature of Cosmetic Ingredients.
    33    b. International Union of Pure and Applied Chemistry nomenclature.
    34    c. Chemical Abstracts Index name.
    35    d. Common Chemical Name.
    36  § 35-0211. Severability.
    37    The  provisions  of  this title shall be severable, and if any clause,
    38  sentence, paragraph, subdivision or  section  of  this  title  shall  be
    39  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
    40  judgment shall not affect, impair or invalidate the  remainder  thereof,
    41  but  shall  be  confined in its operation to the clause, sentence, para-
    42  graph, subdivision or section thereof directly involved in  the  contro-
    43  versy in which such judgment shall have been rendered.
    44    §  4. The general business law is amended by adding a new section 399-
    45  ggg to read as follows:
    46    § 399-ggg. Labeling of cleaning products. No person, firm,  or  corpo-
    47  ration  shall  sell or offer for sale any household cleansing product in
    48  violation of title two  of  article  thirty-five  of  the  environmental
    49  conservation law.
    50    §  5. This act shall take effect one year after it shall have become a
    51  law. Effective immediately, the addition, amendment and/or repeal of any
    52  rule or regulation necessary for the implementation of this act  on  its
    53  effective date are authorized to be made and completed on or before such
    54  effective date.
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