December 2017

Regulatory Issues

California

On Oct. 15, 2017, California Governor Jerry Brown signed Legislative Senate Bill (SB) 258, authored by State Senator Ricardo Lara, Democrat for Bell Gardens. SB258 is the Cleaning Product Right to Know Act and will require manufacturers of cleaning products used in homes and commercial establishments to disclose the ingredients in the product.

The intent of the Bill is to provide consumers and workers with ingredient information that encourages informed purchases and reduces exposure to potentially harmful chemicals.

Products subject to this Bill are air care products, automotive products used for maintaining the appearance of motor vehicles, general cleaning products or polish or floor maintenance product used primarily for janitorial, domestic or institutional cleaning purposes. Products not subject to the Bill are food, drugs, cosmetics or personal care products such as hand soap, shampoo, etc. Also not subject to the Bill are industrial products used specifically in manufacturing.

Product subject to the bill must list specific ingredient information on the label and more extensive ingredient information online. The bill does include confidential business information protections. The ingredients that need to be disclosed are subject to a long list of requirements and exceptions. I encourage you to review this bill in great detail at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=20720180SB2581

The disclosure of the ingredients needs to be on the label as well as available on the company’s website. The online disclosure requirements will apply to products sold into the state on or after Jan. 1, 2020. The product label disclosure requirements will apply to products sold into the state on or after Jan. 1, 2021. There is an unlimited sell-through for product labels produced prior to Jan.1, 2021, provided the product is labeled with the day, month and year of manufacture of the product or a code indicating the date of manufacture.

CARB

As explained last month, the California Air Resources Board (CARB) held a workshop on multi-purpose lubricants. CARB staff asked for comments on its proposal to use a Reactivity Alternative Option.

If you are a manufacturer or Marketer of Multi-purpose lubricants, this affects your product. Your company should comment on this proposal. Reactivity is a solid science way to regulate volatile organic compounds (VOC) emissions and should be used more often for VOC limits in Consumer Products. The next workshop will be in early 2018. Remember, the CARB hearing on this proposal is scheduled for May 2018.

OTC Meeting

The next Ozone Transport Commission (OTC) meeting was scheduled for Nov. 15, 2017 in Washington D.C. More on discussions concerning updating the Model Rule for OTC in the next issue.

Maryland

The Maryland Consumer Product Rule becomes effective on Jan. 1, 2018. The amendments to this rule appear to be consistent with the OTC Model Rule. Review at http://mgaleg.maryland.gov/pubs/committee/aelr/17-044P-Regulation.pdf

Connecticut

The Connecticut Consumer Product Rule becomes effective on May 1, 2018. The amendments to this rule appear to be consistent with the OTC Model Rule. The rule can be reviewed at

https://eregulations.ct.gov/eRegsPortal/Search/getDocument?guid={6328F22C-C6FF-4371-8B34-5CD7D821969D} 

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