The State of New York has adopted regulations which will drastically impact labeling requirements for all household cleansing products sold in that state. The new policy requires sellers of household cleansers to disclose hazard information above and beyond what is required for most chemicals.

Detailed guidelines on the categories of information to be disclosed and where and how information should be posted are included in the Program Policy (DMM-2). In brief, information to be disclosed should be posted on a manufacturer’s website in a manner that is obvious, noticeable and readily accessible. Details of the cleansing products covered can be found in Appendix A of the regulation.

Manufacturers must also submit a Cleansing Product Information Disclosure Certification Form to the New York State Department of Environmental Conservation (DEC). This form must be signed by a senior management official certifying that the disclosed information is true, accurate, and complete to the best of their knowledge.

The State of New York has adopted regulations which will drastically impact labeling requirements for all household cleansing products sold in that state. The new policy requires sellers of household cleansers to disclose hazard information above and beyond what is required for most chemicals.

Detailed guidelines on the categories of information to be disclosed and where and how information should be posted are included in the Program Policy (DMM-2). In brief, information to be disclosed should be posted on a manufacturer’s website in a manner that is obvious, noticeable and readily accessible. Details of the cleansing products covered can be found in Appendix A of the regulation.

Manufacturers must also submit a Cleansing Product Information Disclosure Certification Form to the New York State Department of Environmental Conservation (DEC). This form must be signed by a senior management official certifying that the disclosed information is true, accurate, and complete to the best of their knowledge.

Regulatory Timeline

October 1st, 2019:

  • Manufacturers must disclose intentionally added ingredients other than fragrance ingredients and nonfunctional ingredients present above trace quantities. (This differs from the SDS requirement, which is 0.1 or 1% depending on the chemical).

July 1st, 2020:

  • Manufacturer’s which are independently owned and operated and employ 100 or less persons are not required to post such information until July 1st
  • Fragrance ingredients must be disclosed
  • Information regarding Category 3 GHS Skin Irritants and GHS Aquatic Toxins should be posted by this date. The Category 3 GHS Skin Irritant (H316) was not adopted by US OSHA, and the GHS Aquatic Toxicity classifications are non-mandatory under HazCom 2012.
  • Chemicals of Concern (Appendix D of the regulation) must be disclosed if they are in the product as Nonfunctional byproducts or contaminants above 100ppm (with exceptions noted in the regulation).

July 1st 2020

  • Fragrance ingredients must be disclosed.
  • Information regarding Category 3 GHS Skin Irritants and GHS Aquatic Toxins should be posted by July 1, 2020. The Category 3 GHS Skin Irritant (H316) was not adopted by US OSHA, and the GHS Aquatic Toxicity classifications are non-mandatory under HazCom 2012. (There are other GHS Classifications which require notification, but these are already mandatory on the SDS under US OSHA HazCom law.)
  • Chemicals of Concern (Appendix D of the regulation) must be disclosed if they are in the product as Nonfunctional byproducts or contaminants above 100ppm (with exceptions noted in the regulation).

January 1, 2023:

  • Nonfunctional byproducts or contaminants appearing on any of the 29 lists mentioned in Appendix B will need to be disclosed by 1/1/2023.

What Does this Mean for You?

If you manufacture or sell household cleansing products (detergents, soaps, etc.) in New York, you will need to comply with this regulation. This means you will need to certify your product with the State of New York, and bundle a disclosure form with your product.

If you already have a GHS-compliant SDS for your chemical, you’re already most of the way done with your disclosure form. All that’s left to do is to re-assess the hazard classifications to take the expanded hazard list into account, and to check for any Chemicals of Concern.

If you don’t have easy access to a chemical hazard assessment tool, or to an up-to-date GHS SDS, you’ll be facing an uphill battle complying with the disclosure rule. Quantum can help you re-assess your chemicals, and can create new SDS and disclosure forms for you.

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