The Legislature enacted amendments to Environmental Conservation Law (ECL) Article 35 and Article 37 to establish limits on the amount of 1,4-dioxane that can be present in household cleansing, personal care, and cosmetic products sold or offered for sale in New York State. The law establishes a maximum allowable concentration of 2 ppm of 1,4 dioxane on December 31, 2022, and 1 ppm on December 31, 2023, for household cleansing and personal care products. The law also establishes maximum allowable concentration of 10 ppm of 1,4 dioxane on December 31, 2022, for cosmetics.
Regulations
On December 6, 2023, DEC proposed regulations that would add a new subpart 352-1 to implement the amendments to Article 35 and Article 37 of the ECL (the Law). Specifically, these regulations establish a process for the waiver provision provided for in the Law, define the scope of covered products, and establish a standardized method of quantifying the 1,4-dioxane in covered products. A public hearing was held on February 6, 2024.
The public comment period closed on February 12, 2024. Comments received were addressed and the final regulations were adopted on September 18, 2024. View the rulemaking documents.
Covered Products
The regulations apply to cosmetic products, household cleansing products, and personal care products, as defined below:
"Cosmetic product" means any article (1) intended to be rubbed, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for beautifying, promoting attractiveness, or altering the appearance, and (2) intended for use as a component of any such article. The term ‘cosmetic product’ shall not include any personal care product as defined in this section for which a prescription is required for distribution or dispensation as provided in section 281 of the Public Health Law or section 6810 of the Education Law.
"Household cleansing product" means any product, including but not limited to, soaps and detergents, which contain a surfactant as a wetting or dirt emulsifying agent and are used primarily for domestic or commercial cleaning purposes, including but not limited to, the cleansing of fabrics, dishes, food utensils, automobiles, and household and commercial premises. Household cleansing product shall not mean:
(1) foods, drugs, and cosmetics, and personal care products as defined in this Subpart;
(2) products labeled, advertised, marketed, and distributed for use primarily as pesticides, as defined in article 33 of the Environmental Conservation Law; or
(3) cleansing products used primarily in industrial manufacturing, production and assembling processes.
"Personal care product" means any product intended for cleaning or cleansing any part of the body, such as the skin and hair, and including, but not limited to, hair shampoo, hair conditioner, soap, bath gels, and other bath products. The term ‘personal care product’ shall not include any product for which a prescription is required for distribution or dispensation as provided in section 281 of the Public Health Law or section 6810 of the Education Law.
Submitting a Waiver Request
The law and regulations allow a manufacturer to apply for a waiver from complying with the 1,4-dioxane limits based on the submission of proof to DEC that the manufacturer has taken steps to reduce the presence of 1,4-dioxane in their product or products and is still unable to comply with the limits in the law. Under the regulations, no waiver will be effective after December 30, 2025.
As noted in the regulations, a manufacturer must submit its waiver application in a format approved by the department. Below are the forms that a manufacturer will need to use to submit a waiver application. These forms include the applicable section of the regulations (section 352-1.4) which serve as the instructions for applying for a waiver. If requesting a waiver, please complete Parts A and B of the forms and submit them to DEC as noted further below:
Waiver Application for Manufacturers of Household Cleansing, Personal Care and Cosmetic Products Containing 1,4-Dioxane (PDF, 384 KB)
Please note, the PDF forms must be downloaded prior to filling them out.
If you encounter any issues with the forms, please notify us via email at [email protected].
To submit a waiver application via email, send a completed and signed (electronic signature preferred) pdf to [email protected] with the subject line "1,4-Dioxane Waiver Application: [company name]".
To submit a waiver application via regular mail, send a completed and signed set of forms to the address below. When printing the spreadsheet, please ensure none of the information entered into a cell is cut off, all of the columns are visible on the same sheet of paper, and gridlines are visible in the printed document.
If the manufacturer is claiming any of the information submitted as a trade secret or confidential business information under 6 NYCRR Part 616, a redacted and unredacted version of any document submitted must be sent. Unredacted versions must contain a clear confidentiality notice at the beginning and clearly show which pieces of information are confidential throughout the document.
NYS Department of Environmental Conservation
Division of Materials Management
Bureau of Waste Reduction and Recycling
Pollution Prevention Unit
625 Broadway
Albany, NY 12233-7253
Approved Waivers
After DEC reviews and issues an approval for a waiver application request, the following information will be made available: the name of the manufacturer, the product name, and the current amount of 1,4 Dioxane present in each product. This information is updated on a monthly basis and may be viewed at the following link:
1,4 Dioxane Approved Waivers
Questions about the forms or process to obtain a waiver may be directed to [email protected]