What's happening
This bill requires manufacturers to disclose ingredients in cleaning products sold in New York, both in-store and online, for consumer transparency.
Why it matters
Empowers consumers to make informed choices about health and safety. By requiring manufacturers to publicly disclose all intentionally added ingredients and certain contaminants, the bill enables consumers—including those with allergies, sensitivities, or health concerns—to better assess potential risks before purchase.
Targets hazardous chemicals and allergens. The law specifically focuses on “designated lists” of chemicals associated with cancer, reproductive harm, neurotoxicity, and other health/environmental hazards, as well as fragrance allergens that are commonly undisclosed, thus addressing substances of highest concern in everyday products.
Brings transparency to online and in-store sales. The bill mandates ingredient disclosure both on product labels and on manufacturers’ websites in accessible, machine-readable formats, ensuring that transparency applies regardless of whether a product is bought in a physical store or online.
Balances transparency with trade secrets. While prioritizing public right-to-know, the bill allows manufacturers to withhold specific ingredient identities if they qualify as confidential business information or trade secrets, provided a generic name and justification are given—attempting to protect proprietary formulations while still informing consumers about potential risks.
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Require Cleaning Product Ingredient Labels
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History
- Enacting clause stricken
- Referred to environmental conservation
Full text
8 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2208
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law and the general business law, in relation to enacting the cleaning product right to know act
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "cleaning product right to know act".
§ 2. Sections 35-0101 through 35-0109 of article 35 of the environmental conservation law are designated title 1 and a new title heading is added to read as follows:
CLEANSING PRODUCTS CONTAINING PHOSPHORUS
§ 3. Article 35 of the environmental conservation law is amended by adding a new title 2 to read as follows:
TITLE 2
INGREDIENT LABELING FOR CLEANSING PRODUCTS SOLD IN-STORE AND ONLINE Section 35-0201. Definitions.
35-0203. In-store product labeling requirements.
35-0205. Online product labeling requirements.
35-0207. Protections for confidential business information.
35-0209. Method of labeling.
35-0211. Severability. § 35-0201. Definitions.
For purposes of this section, the following terms shall have the following meanings:
a. "Air care product" means a chemically formulated consumer product labeled to indicate that the purpose of the product is to enhance or condition the indoor environment by eliminating unpleasant odors or freshening the air.
b. "Automotive product" means a chemically formulated consumer product labeled to indicate that the purpose of the product is to maintain the appearance of a motor vehicle including products for washing, waxing, polishing, cleaning, or treating the exterior or interior surfaces of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05850-01-9
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motor vehicles. "Automotive product" shall not include automotive paint or paint repair products.
c. "Chemically formulated consumer product" means a product, excluding home appliances, that is manufactured from chemicals to be used by household, institutional, or commercial consumers without further processing for specific purposes. For the purposes of this paragraph, dilution by the user is not considered further processing.
d. "Colorant" means ingredients that, alone or in combination with other ingredients, are added to a product for the specific purpose of imparting or altering the color of a product.
e. "Confidential business information" means any intentionally added ingredient or combination of ingredients for which a claim has been approved by the United States environmental protection agency for inclusion on the federal Toxic Substances Control Act Confidential Inventory, or for which the manufacturer or its supplier can claim as a protectable trade secret or a proprietary process. Confidential business information shall not include any of the following:
(i) An intentionally added ingredient or combination of ingredients that is on a designated list, as defined in subdivision g of this section.
(ii) A nonfunctional constituent, as defined in subdivision m of this section.
(iii) A fragrance allergen included on Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be labeled by the EU Detergents Regulation No. 648/2004, or subsequent updates to those regulations, when present in the product at a concentration at or above 0.01 percent (100 ppm).
f. "Designated product" means 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. "Designated product" shall not mean any of the following:
(i) Foods, drugs, and cosmetics, including personal care items such as toothpaste, shampoo, and hand soap.
(ii) Industrial products specifically manufactured for, and exclusively used in the following:
(A) Oil and gas production.
(B) Steel production.
(C) Heavy industry manufacturing.
(D) Industrial water treatment.
(E) Industrial textile maintenance and processing other than industrial laundering.
(F) Food and beverage processing and packaging.
(G) Other industrial manufacturing processes.
(iii) A trial sample of a designated product that is not packaged for individual sale, resale, or retail and includes a statement indicating that the product is not for sale or resale.
g. "Designated list" means any of the following:
(i) Chemicals, as determined by the commissioner, to cause cancer or reproductive toxicity.
(ii) Chemicals classified by the European Union as carcinogens, mutagens, or reproductive toxicants pursuant to Category 1A or 1B in Annex VI to Regulation (EC) 1272/2008.
(iii) Chemicals included in the European Union Candidate List of Substances of Very High Concern in accordance with Article 59 of Regu-
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lation (EC) 1907/2006 on the basis of Article 57(f) for endocrine disrupting properties.
(iv) Chemicals for which a reference dose or reference concentration has been developed based on neurotoxicity in the federal environmental protection agency's integrated risk information system.
(v) Chemicals that are identified as Group A, B1, or B2 carcinogens in the federal environmental protection agency's integrated risk information system.
(vi) Chemicals included in the European Chemicals Agency Candidate List of Substances of Very High Concern in accordance with Article 59 of Regulation (EC) 1907/2006 on the basis of Article 57(d), Article 57(e), or Article 57(f) of Regulation (EC) 1907/2006 for persistent, bioaccumulative and toxic, or very persistent and very bioaccumulative properties.
(vii) Chemicals that are identified as persistent, bioaccumulative, and inherently toxic to the environment by the Canadian Environmental Protection Act Environmental Registry Domestic Substances List.
(viii) Chemicals classified by the European Union in Annex VI to Regulation (EC) 1272/2008 as respiratory sensitizer category 1.
(ix) Group 1, 2A, or 2B carcinogens identified by the International Agency for Research on Cancer.
(x) Neurotoxicants that are identified in the federal Agency for Toxic Substances and Disease Registry's Toxic Substances Portal, Health Effects of Toxic Substances and Carcinogens, Nervous System.
(xi) Persistent bioaccumulative and toxic priority chemicals that are identified by the federal environmental protection agency National Waste Minimization Program.
(xii) Reproductive or developmental toxicants identified in Monographs on the Potential Human Reproductive and Developmental Effects published by the federal National Toxicology Program, Office of Health Assessment and Translation.
(xiii) Chemicals identified by the federal environmental protection agency's Toxics Release Inventory as Persistent, Bioaccumulative and Toxic Chemicals that are subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. Sec. 11001, et seq.).
(xiv) The Washington Department of Ecology's Persistent, Bioaccumulative, Toxic (PBT) Chemicals identified in Chapter 173-333 of Title 173 of the Washington Administrative Code.
(xv) Chemicals that are identified as known to be, or reasonably anticipated to be, human carcinogens by the 13th Report on Carcinogens prepared by the federal National Toxicology Program. Subsequent revisions to this list shall not be incorporated.
(xvi) Chemicals that are identified on Part A of the list of Chemicals for Priority Action prepared by the Oslo and Paris Conventions for the Protection of the Marine Environment of the North-East Atlantic.
h. "Electronically readable format" means that the information provided is all of the following:
(i) Machine readable by automated systems, including, but not limited to, web browsers, accessibility software to aid the disabled, automated scripts, and other software programs or applications.
(ii) Not restricted from access by search engines.
(iii) Not restricted from access by a requirement for registration, the provision of personally identifiable information, or the use of a program or system intended to distinguish human from machine input or
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similar challenge response test technologies, whether visual, auditory, or otherwise.
(iv) Conforms to the most current version of the Web Content Accessibility Guidelines adopted by the Web Content Accessibility Guidelines Working Group of the World Wide Web Consortium.
i. "Fragrance ingredient" means any intentionally added substance or complex mixture of aroma chemicals, natural essential oils, and other functional ingredient or ingredients for which the sole purpose is to impart an odor or scent, or to counteract an odor.
j. "General cleaning product" means a soap, detergent, or other chemically formulated consumer product labeled to indicate that the purpose of the product is to clean, disinfect, or otherwise care for fabric, dishes, or other wares; surfaces including, but not limited to, floors, furniture, countertops, showers, and baths; or other hard surfaces, such as stovetops, microwaves, and other appliances.
k. "Intentionally added ingredient" means a chemical that a manufacturer has intentionally added to a designated product and that has a functional or technical effect in the designated product, including, but not limited to, the components of intentionally added fragrance ingredients and colorants and intentional breakdown products of an added chemical that also have a functional or technical effect in the designated product.
l. "Manufacturer" means either of the following:
(i) A person or entity who manufactures the designated product and whose name appears on the product label.
(ii) A person or entity whom the product is manufactured for or distributed by, as identified on the product label pursuant to the federal fair packaging and labeling act.
m. "Nonfunctional constituent" means one of the following substances, that is an incidental component of an intentionally added ingredient, a breakdown product of an intentionally added ingredient, or a byproduct of the manufacturing process that has no functional or technical effect on the designated product:
(i) 1,4 dioxane.
(ii) 1,1 dichloroethane.
(iii) Acrylic acid.
(iv) Benzene.
(v) Benzidine.
(vi) 1,3 butadiene.
(vii) Carbon tetrachloride.
(viii) Chloroform.
(ix) Ethylene oxide.
(x) Nitilotriacetic acid.
(xi) Butyl benzyl phthalate.
(xii) Butyl decyl phthalate.
(xiii) Di(2-ethylhexyl) phthalate.
(xiv) Diethyl phthalate.
(xv) Diisobutyl phthalate.
(xvi) Di(n-octyl) phthalate.
(xvii) Diisononyl phthalate.
(xviii) Dioctyl phthalate.
(xix) Butylparaben.
(xx) Ethylparaben.
(xxi) Isobutylparaben.
(xxii) Methylparaben.
(xxiii) Propylparaben.
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(xxiv) Formaldehyde.
(xxv) 1-(3-chloroallyl)-3,5,7-triaza-1-azoniaadamantane chloride.
(xxvi) DMDM hydantoin.
(xxvii) Diazolidinyl urea.
(xxviii) Glyoxal.
(xxix) Imidazolidinyl urea.
(xxx) Polyoxymethylene urea.
(xxxi) Sodium hydroxymethylglycinate.
(xxxii) 2-Bromo-2-nitropropane-1,3-diol.
(xxxiii) N-Nitrosodimethylamine.
(xxxiv) N-Nitrosodiethylamine.
n. "Polish or floor maintenance product" means a chemically formulated consumer product, such as polish, wax, or a restorer, labeled to indicate that the purpose of the product is to polish, protect, buff, condition, temporarily seal, or maintain furniture, floors, metal, leather, or other surfaces.
o. "Product label" means a display of written, printed, or graphic material that is affixed to a product or its immediate container or wrapper. § 35-0203. In-store product labeling requirements.
A manufacturer of a designated product sold in the state shall disclose on the product label the information specified by either subdivision a or b of this section:
a. (i) A list of each intentionally added ingredient contained in the product that is included on a designated list.
(ii) A list of each fragrance allergen included on Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be labeled by the EU Detergents Regulation No. 648/2004, when present in the product at a concentration at or above 0.01 percent (100 ppm). The manufacturer shall determine the total concentration of each fragrance allergen by adding contributions of the fragrance allergen from all fragrance ingredients and other ingredients in the designated product, including its presence in essential oils.
b. (i) A list of all intentionally added ingredients contained in the designated product, unless it is confidential business information.
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