Regulatory Issues

Written on: September 1, 2023 by Doug Raymond

There has been no notice yet on the proposed Consumer Product Survey that California Air Resources Board (CARB) staff proposed earlier this year. Originally, staff had stated that the Survey would be out this Summer. Well, Summer is all but gone and it has not yet appeared.

CARB has stated that the Survey would likely concern product categories that may have been affected by the COVID-19 pandemic, mainly cleaning products such as disinfectants and sanitizers, as well as hand cleansers. In addition, CARB also stated that product categories that were dropped in the last rulemaking (for various reasons) would now also be targeted, such as Floor Cleaners, Sunscreens and Charcoal Lighter Material.

In recent discussions, staff indicated it may be targeting other product categories that may contain toxic ingredients. Recently, due to some publications stating the amount of toxic ingredients in consumer products, CARB staff has been looking into this issue, as well. Therefore, at this time, it is anyone’s guess which product categories will be on the next CARB survey or the timing of the survey. We will need to wait and see.

As reported earlier, the State of Michigan finalized updates to its April 18, 2023, Consumer Product rule. Michigan went from Ozone Transport Commission (OTC) Rule II to OTC Rule IV. This rule was adopted by reference. Confusing the rule was the actual timing. Michigan had stated that the rule became effective on Jan. 1, 2023; however, the rule had not been finalized yet and the actual date of the final rule was April 18. In addition, Michigan stated that there would be no enforcement. By now, manufacturers and marketers should only be selling compliant product into the State of Michigan; anything produced before April 18, is legal for sale through the sell-through provision.

The State of Ohio Consumer Product Rule also moved from OTC Model Rule II to OTC Model Rule VI. The compliance date was July 1, 2023. Thus, all product manufactured for sale after July 1 should be in compliance. Ohio has a sell-through provision for all product produced before July 1.

Clark County, Nevada
Earlier this year, Clark County, Nevada (the home county of Las Vegas), proposed a very stringent consumer products volatile organic compound (VOC) regulation based on OTC Model IV. The original proposal called for an effective date in a very short time frame, as well as no sell-through provision.
Fortunately, the latest draft looks much better. We are pushing for a one-year effective date and a one-year sell-through. Work continues on this regulation, which we are monitoring.

It is worth remembering that the Canadian Consumer Products Regulation becomes effective Jan. 1, 2024, for most product categories. There is a sell-through for products manufactured before this date; however, the wording in the regulation appears to require that the product be in Canada before the effective date. Therefore, to be compliant, send product to Canada before the effective date; there are only four months left before this rule becomes effective. SPRAY