If your company manufactures any type of cleaning product and sells it into California, then you likely have already heard about the “California Cleaning Product Right to Know Act of 2017” (“the Act”). If not, here is a general summary to bring you up to speed!
This Act requires manufacturers of certain types of cleaning products to disclose the presence of certain chemicals on the company’s website, as well as on product labels.
The website disclosure part of the Act is effective now for products sold on or after January 1st, 2020. The product label disclosure part of the Act becomes effective next year on January 1st, 2021.
Essentially, companies need to check whether the ingredients in their products are listed on any of the 22 “designated lists” prescribed in the Act (state, federal, and international chemical databases).
This Act applies to “designated products”, including (see Act for full definitions):
- Air care products (e.g., air fresheners),
- Automotive products (e.g., cleaning, waxing, conditioning),
- General Cleaning Products (e.g., floor, glass, carpet, laundry, bathroom, general purpose cleaners, disinfectants [website disclosure only]), and
- Polish or Floor Maintenance Products (e.g., for cleaning, waxing, sealing, restoring).
Certain types of industrial products are exempt such as those used in oil, gas, steel production, heavy industry manufacturing, food and beverage processing/packaging. Other exempted products include, foods, drugs, and cosmetics, including personal care items such as toothpaste, shampoo, and hand soap.
Confidential Business Information
Manufacturers can claim certain intentionally added ingredients as Confidential Business Information (CBI) for which a claim has been approved by the U.S. Environmental Protection Agency (EPA) for inclusion on the Toxic Substances Control Act Confidential Inventory, or for which the manufacturer, or its supplier, claims protection under the Uniform Trade Secrets Act. In these cases, generic chemical names can be used; however, there are specific requirements for how to select a generic chemical name and care should be taken to use these appropriately.
What will be required to be disclosed?
For online/website disclosure (non-exhaustive list):
- A list of each intentionally added ingredient contained in the product with CAS# (if applicable) in order of predominance down to 1% – below 1% the order does not matter,
- A list of all “nonfunctional constituents” (there are 34 of them listed in the Act) present in the designated product at a concentration at or above 0.01% (100 ppm),
- 1, 4-dioxane shall be listed if it is present in the finished designated product at a concentration at or above 0.001% (10 ppm),
- The functional purpose served by each intentionally added ingredient,
- A list of all fragrance ingredients that are included on a designated, a list of all fragrance ingredients, including allergens at or above 0.01% (100 ppm),
- Electronic links for designated lists shall be grouped together in a single location for any intentionally added ingredient or nonfunctional constituent that is included on a designated list,
- A link to the safety data sheet for the designated product.
For on product label disclosure (non-exhaustive list):
- A list of each intentionally added ingredient contained in the product that is included on a designated list,
- A list of each fragrance allergen at or above 0.01% (100 ppm) or a statement of “Contains fragrance allergen(s)”.
There is a “sell-through” provision for products manufactured prior to January 1st, 2020 (or January 1st, 2021). But the product must have the manufacturing date printed on the label or a date code.
Proposition 65 substances are not required to be listed until January 1, 2023.
Although not cited within the Act, but noted by a reputable law firm, “Violations of the Act could be prosecuted by the California Attorney General, district attorneys, or city attorneys or prosecutors under California’s Unfair Competition Law (UCL), which provides for monetary penalties of up to $2,500 per violation. Violations of the Act could also be pursued by private enforcers, who can seek injunctive relief and restitution under the UCL, as well as attorney’s fees under California’s private attorney general statute”. Looks like companies could be facing similar enforcement issues as Proposition 65!
If your company has established the compliance of your products with the California Cleaning Product Right to Know Act and seeks verification or needs assistance navigating the requirements from start to finish, RegTox Solutions has the expertise to help!
Reach out to our experts today if you have any questions: firstname.lastname@example.org (1-833-277-6765)