California became the first state in the nation to have a cleaning products disclosure law, after Governor Brown signed the Cleaning Product Right to Know Act of 2017 (S.B. 258 (Lara)) into law in late 2017.
The Cleaning Product Right to Know Act requires manufacturers of certain cleaning products sold in California to disclose on the product label and on the product’s Internet web site certain information related to known hazardous chemicals contained in the product. Manufacturers will have until January 1, 2020 to comply with the online disclosure requirements, and until January 1, 2021 to comply with the product label disclosure requirements. However, any intentionally added ingredient that is regulated by California’s Safe Drinking Water and Toxic Enforcement Act (commonly known as Proposition 65) will not have to be listed until January 1, 2023.
The new law applies to so-called “designated products”, which are defined as a finished product that is an air care product, automotive product, general cleaning product, or a polish or floor maintenance product used primarily for janitorial, domestic or institutional cleaning purposes. It does not apply to foods, drugs and cosmetics, trial samples, or industrial products specifically manufactured for certain industrial manufacturing processes.
The product label will be required to disclose each intentionally added ingredient contained in the product that is included on any of 22 specified designated chemical lists – including chemicals listed pursuant to Proposition 65. Alternatively, manufacturers may list all intentionally added ingredients contained in the product unless it is confidential business information. The Act also requires the disclosure of fragrance allergens greater than 0.01 percent (100 ppm). Additional requirements include the manufacturer’s toll-free telephone number and Internet web site address on the product label.
As for the online disclosure requirements, manufacturers must list all intentionally added ingredients and state their functional purpose. All nonfunctional constituents present at above 0.01 percent (100 ppm) must also be listed. The website must include electronic links for designated lists and a link to the hazard communication safety data sheet for the product. In addition, specific requirements apply for the disclosure of fragrance allergens online.
The Act also adds a section to the California Labor Code imposing an obligation on employers who are required to provide employees with Safety Data Sheets (SDS). Those employers must similarly make the printable information from the online disclosure available in the workplace.
Although it is a state law, the effect of the Cleaning Product Right to Know Act is certain to be felt by manufacturers across the country who sell their products into California, as is true of many of California’s other regulatory schemes, including Proposition 65, and will most likely result in a nationwide relabeling of covered products.
Given the Act’s numerous and in some cases highly technical requirements, manufacturers of cleaning products would be well advised to determine whether any of their products are subject to the Act, and take steps now to ensure compliance by 2020. Conkle, Kremer & Engel attorneys stand ready to help manufacturers handle all that is coming their way.