California Senate Approves Bill to Require Cleaning Product Labels to Disclose Specified Chemical Information

Summary

The California Senate has passed Senate Bill (S.B.) 258, the "Cleaning Product Right to Know Act of 2017." The bill would require cleaning product manufacturers to disclose certain chemical information on the product label, including a pictogram and a statement directing the consumer to the manufacturer's website for more information including health effects of ingredients of concern. The bill would also require employers to disclose the same information for any container used in the workplace to which a cleaning product is transferred. The bill proposes to apply to cleaning products manufactured or sold in California on or after 1 January 2018.

3E Review

The bill text specifically requires on cleaning product labels:

1. A list of each ingredient and contaminant of concern contained in the product, in decreasing order of predominance by weight. (An ingredient present at a concentration of 1% or less may be listed in any order following the other ingredients and contaminants of concern);
2. A pictogram, developed by the California Environmental Protection Agency (CalEPA), that communicates the potential health impacts of any of the ingredients or contaminants of concern in the product that appear on DTSC’s list of candidate chemicals or among the allergenic fragrances that appear on the list of Annex III of EU Cosmetics Regulation 1223/2009; and
3. A statement directing the consumer to the manufacturer’s website for information - including potential health impacts - related to the ingredients of concern in the product.

The bill also proposes to require manufacturers to post ingredient information on their website including potential health impacts, and the functional purpose served by each ingredient or contaminant of concern, among other requirements.

The bill would also require employers to "identify a cleaning product and list the ingredients of the product in the manner described above on any container used in the workplace into which a cleaning product is transferred."

3E Analysis

S.B. 258 has now been sent to the California Assembly for consideration. If passed by the Legislature, the bill will go to the Governor for signature.

"Cleaning product" is defined in the bill as any product used primarily for commercial, domestic, or institutional cleaning purposes, including an air care product, automotive product, general cleaning product, or a polish or floor maintenance product.

"Automotive product" would include any chemically formulated consumer product with the purpose of maintaining the appearance of a motor vehicle, including products for washing, waxing, polishing, cleaning, or treating the exterior or interior surfaces of motor vehicles; it does not include automotive paint or paint repair products.

Other definitions can be found in the bill text.