Two trade organizations have sued the New York State Department of Environmental Conservation (DEC) to halt the new “New York Household Cleansing Product Information Disclosure Program” on the basis that the Program was a “rule” for which NYDEC did not comply with its State Administrative Procedure Act (SAPA) rulemaking procedures.
On August 27, 2019, the State of New York Supreme Court invalidated the New York Department of Environmental Conservation (NYDEC) Household Cleansing Product Information Disclosure Program (Disclosure Program). See details in National Law Review post here.
What Does this Mean for You?
It is unclear what the next steps are, the State of New York can appeal the ruling, or petition legislature to in a manner that would comply with the State Administrative Procedure Act, we will keep you up to date on details.
The New York law was very similar to the California Cleaning Product Ingredient Disclosure Regulation which will still be effective at the beginning of 2020.
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.