Household Cleansing Product Information Disclosure Program
Environmental Conservation Law (ECL) Article 35 and New York Code of Rules and Regulations (NYCRR) Part 659 authorize the Commissioner of the Department of Environmental Conservation (DEC) to require manufacturers of domestic and commercial cleaning products distributed, sold, or offered for sale in New York State to furnish information regarding such products in a form prescribed by the Commissioner. DEC issued the Division of Materials Management Program Policy on Household Cleansing Product Information Disclosure on June 6, 2018 to implement this authority. On August 27, 2019, the NYS Supreme Court deemed the Program Policy null and void and remitted the matter back to DEC with the directive to implement the program through a rulemaking compliant with the State Administrative Procedures Act.
DEC is undertaking a rulemaking process to amend Part 659. Amendments will include specifying what information must be reported about covered products and their ingredients, how information should be shared with DEC for the public record, the type of studies that must be reported, and how confidential business information should be handled. Interested parties are encouraged to review the recommended best management practices for cleaning product ingredient disclosure (PDF), which offers more detail on what is being considered for inclusion in the rulemaking.
Please email [email protected] if you would like to be made aware of future work in this area.
DEC held a public meeting to discuss amendments to the household cleansing product rules (6 NYCRR Part 659) that are being considered for adoption. During this meeting, DEC sought input on disclosure of nonfunctional ingredients, issues around confidential information, updates to disclosed information, amendments to the definition of a manufacturer, and other regulatory concerns.
The slides presented during this meeting are available here.
DEC will hold a formal public comment period at a later date once it officially proposes the regulations.