[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3457 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3457

 To require ingredient labeling of certain consumer cleaning products, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 17, 2011

Mr. Israel (for himself, Mr. Grijalva, Mr. Ryan of Ohio, Mr. Bishop of 
  New York, and Ms. DeGette) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To require ingredient labeling of certain consumer cleaning products, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cleaning Product Right to Know Act 
of 2011''.

SEC. 2. CLEANING PRODUCTS LABELING REQUIREMENT.

    (a) Labeling Requirement.--Beginning 1 year after the date of 
enactment of this Act, a cleaning product manufactured for sale, 
offered for sale, distributed in commerce, or imported to the United 
States after such date shall bear a label on the product's container or 
packaging with a complete and accurate list of all the product's 
ingredients, including the individual ingredients in dyes, fragrances, 
and preservatives. Ingredients shall be listed in accordance with the 
following:
            (1) Each ingredient shall be listed by the name assigned to 
        it by the International Nomenclature of Cosmetic Ingredients. 
        If there is no such name, by the name assigned to it by the 
        International Union of Pure and Applied Chemistry. If there is 
        no such name, the ingredient may be listed by its common 
        chemical name.
            (2) Ingredients shall be listed in descending order of 
        predominance in the product by weight, other than ingredients 
        that constitute less than 1 percent of the product, which may 
        be listed at the end in any order.
    (b) Exemptions.--
            (1) Exemption for undetectable ingredients.--The Commission 
        may exempt from the labeling requirement an ingredient that is 
        present in a cleaning product at such low levels that detection 
        of the ingredient in the product is not technologically 
        feasible.
            (2) Exemption for ingredients constituting trade secrets.--
                    (A) In general.--An ingredient may be exempt from 
                the labeling requirements of this section if the 
                manufacturer demonstrates to the Commission that such 
                ingredient is a trade secret, as determined by the 
                Commission under subparagraph (D), based on a claim 
                submitted by the manufacturer under subparagraph (B). 
                An exemption for an ingredient under this paragraph 
                shall be for a period of 5 years, after which the 
                manufacturer may again submit a claim for an additional 
                5-year exemption.
                    (B) Claims of trade secrecy.--A manufacturer making 
                a claim that an ingredient is a trade secret shall file 
                such claim with the Commission. Such claim shall 
                contain--
                            (i) the identity of the person making the 
                        claim;
                            (ii) a brief description of the information 
                        for which trade secret protection is being 
                        claimed;
                            (iii) the period of time for which trade 
                        secret protection is claimed and a 
                        justification for the period selected;
                            (iv) the extent to which the information is 
                        known by employees or others involved with the 
                        facility or business, and whether or not those 
                        individuals with knowledge are bound by non-
                        disclosure agreements;
                            (v) the extent to which the information is 
                        known outside of the facility or business of 
                        the person, and whether or not individuals with 
                        such knowledge are bound by non-disclosure 
                        agreements;
                            (vi) the measures taken to restrict access 
                        to and safeguard the information, and whether 
                        or not the person plans to continue utilizing 
                        such measures;
                            (vii) copies of, or references to, any 
                        pertinent confidentiality determinations 
                        previously made by any public agencies;
                            (viii) the estimated dollar value of the 
                        claimed information to the person's facility or 
                        business, and to that person's competitors;
                            (ix) the amount of effort or money expended 
                        by the person's facility or business in 
                        developing the information;
                            (x) the ease or difficulty with which the 
                        information could be properly acquired, 
                        duplicated or reverse-engineered by others;
                            (xi) a description of the nature and extent 
                        of substantial harm that would be caused if the 
                        information were made public, including an 
                        explanation of the causal relationship between 
                        disclosure and the harmful effects claimed;
                            (xii) the signature of the person's general 
                        counsel or other executive with knowledge of 
                        the preparation of the substantiating 
                        information certifying under penalty of 
                        perjury, based upon the knowledge and belief of 
                        the signatory, that--
                                    (I) the substantiating information 
                                is true, accurate, and complete;
                                    (II) the information for which 
                                trade secret protection is claimed is 
                                not otherwise publicly available; and
                                    (III) there is a reasonable basis 
                                to assert trade secret protection for 
                                the information so claimed; and
                            (xiii) the name, mailing address, telephone 
                        number and email address of the individual to 
                        be contacted if any additional information is 
                        needed by the Commission to make a 
                        determination.
                    (C) Limitation.--No ingredient may be claimed as a 
                trade secret if such ingredient--
                            (i) is publicly know to be in the product;
                            (ii) can be discovered through a standard 
                        process of reverse engineering;
                            (iii) is a hazardous substance within the 
                        meaning of section 2(f) of the Federal 
                        Hazardous Substances Act (15 U.S.C. 1261(f)); 
                        or
                            (iv) is a substance--
                                    (I) meeting the criteria for 
                                category 1 or category 2 for any of the 
                                toxicity endpoints established by the 
                                Globally Harmonized System for the 
                                Classification and Labeling of 
                                Hazardous Substances that causes an 
                                adverse effect that has been 
                                demonstrated in humans or other exposed 
                                organisms; or
                                    (II) for which the weight of 
                                evidence (such as demonstration of an 
                                adverse effect, laboratory studies, or 
                                data for a chemical from the same 
                                chemical class that exhibits that 
                                adverse effect) demonstrates the 
                                potential for an adverse effect in 
                                humans or other exposed organisms, 
                                including actual or potential effects 
                                of exposure to the chemical substance 
                                or mixture on mortality, morbidity, 
                                including carcinogenesis, reproduction, 
                                growth and development, the immune 
                                system, the endocrine system, the brain 
                                or nervous system, other organ systems, 
                                or any other biological functions in 
                                humans or nonhuman organisms.
                    (D) CPSC determination.--As promptly as practicable 
                after receiving the information submitted by a 
                manufacturer, the Commission shall make a determination 
                on the basis of such information as to whether the 
                ingredient is a legitimate trade secret and shall 
                notify the manufacturer of its determination.
    (c) Treatment Under the FHSA.--A cleaning product that is not in 
conformity with the labeling requirements of subsection (a) and not 
exempt from such requirements pursuant to subsection (b) shall be 
treated as a substance defined in section 2(p) of the Federal Hazardous 
Substances Act (15 U.S.C. 1261(p)) for purposes of such Act.
    (d) No Effect on Existing Labeling Requirements.--Nothing in this 
Act shall be interpreted as having any effect on any labeling 
requirements in effect before the date of enactment of this Act as 
described in section 2(p) of the Federal Hazardous Substances Act (15 
U.S.C. 1261(p)).
    (e) Rulemaking Authority.--The Commission may issue such 
regulations it determines necessary to provide for the effective 
enforcement of this Act, and shall consult with the Administrator of 
the Environmental Protection Agency as necessary.

SEC. 3. PUBLIC RIGHT TO KNOW PETITION.

    (a) Petition.--Any person may submit a petition to the Commission 
alleging that a cleaning product available in interstate commerce does 
not satisfy the labeling requirements of this Act.
    (b) Action by the Commission.--The Commission shall notify a 
petitioner of the receipt of a petition within 30 days after receipt of 
such petition. The Commission shall investigate the claims made by the 
petition and make a determination as to the validity of such claims 
within 180 days after acknowledging the receipt of such petition. If 
the Commission sustains the claim or claims made by the petition, the 
Commission shall initiate the proper enforcement actions required by 
law.
    (c) Regulations.--The Commission may issue such regulations as it 
determines necessary to require that petitions include a reasonable 
evidentiary basis for the claims made therein.

SEC. 4. REQUIRED INTERNET DISCLOSURE.

    (a) Manufacturer Disclosure.--Each manufacturer of a cleaning 
product shall make available in a clear and conspicuous location on the 
website of such manufacturer, if the manufacturer maintains a website, 
a complete list of each of the manufacturer's cleaning products' 
ingredients not later than 6 months after the date of enactment of this 
Act.
    (b) Content and Requirements of Disclosure.--The disclosure 
required by subsection (a) shall--
            (1) name and list the product's ingredients in the manner 
        prescribed in section 3;
            (2) be reviewed every 120 days and revised as necessary to 
        reflect changes to cleaning products;
            (3) include the appropriate Chemical Abstract Services 
        number for each ingredient;
            (4) identify any potential adverse health effect of each 
        ingredient in the cleaning product and use the appropriate 
        signal word or hazard descriptor as prescribed in section 2(p) 
        of the Federal Hazardous Substances Act (15 U.S.C. 1261(p)); 
        and
            (5) be sortable by product, ingredient, adverse health 
        effect, and other categories as determined by the Commission.
    (c) Commission Disclosure.--Promptly after the date set forth in 
subsection (a), the Commission shall provide on the website of the 
Commission a web page that aggregates the information made available by 
manufacturers under such subsection and that allows users to compare 
products made by different manufacturers. Such web page shall be 
reviewed every 6 months and revised as necessary to reflect changes to 
cleaning products.
    (d) Language Accessibility.--The disclosures required to be made on 
a website or web page subject to this section shall be available in 
English, Spanish, and any other language the Commission determines 
necessary to ensure that users of a cleaning product in the United 
States are informed as to the complete list of the product's 
ingredients and potential adverse health effects.

SEC. 5. ENHANCED PENALTIES.

    Section 5(c)(1) of the Federal Hazardous Substances Act (15 U.S.C. 
1264(c)(1)) is amended by striking ``$15,000,000'' and inserting 
``$30,000,000''.

SEC. 6. REPORTING.

    Not later than 2 years after the date of enactment of this Act and 
every 2 years thereafter, the Commission shall prepare a report on 
compliance with the labeling requirement of this Act and the 
enforcement activities of the Commission, and shall transmit such 
report to Congress and make it publicly available on the Internet.

SEC. 7. PREEMPTION.

    Nothing in this Act affects the right of a State or political 
subdivision of a State to adopt or enforce any regulation, requirement, 
or standard of performance that is different from, or in addition to, a 
regulation, requirement, liability, or standard of performance 
established pursuant to this Act unless compliance with both this Act 
and the State or political subdivision of a State regulation, 
requirement, or standard of performance is impossible, in which case 
the applicable provision of this Act shall control.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Adverse health effect.--The term ``adverse health 
        effect'' means a chemical or biochemical change, anatomic 
        change, or functional impairment, or a known precursor to such 
        a change or impairment, that--
                    (A) has the potential to impair the performance of 
                an anatomic structure of a vital system of an organism 
                or progeny of an organism;
                    (B) causes irreversible change in the homeostasis 
                of an organism;
                    (C) increases the susceptibility of an organism or 
                progeny of an organism to other chemical or biological 
                stressors or reduces the ability of an organism or 
                progeny of an organism to respond to additional health 
                or environmental challenges; or
                    (D) affects, alters, or harms the environment such 
                that the health of humans or other organisms is 
                directly or indirectly threatened.
            (2) Air care product.--The term ``air care product'' means 
        a chemically formulated consumer product designed to clean and 
        freshen air or to deodorize and neutralize unwanted odors in 
        the indoor air, including solid gels, air freshener spray, an 
        outlet or battery operated air freshener, a hanging car air 
        freshener, and a potpourri product.
            (3) Automotive product.--The term ``automotive product'' 
        means a chemically formulated consumer product designed to 
        maintain the appearance of a motor vehicle, but does not 
        include automotive paint or a paint repair product.
            (4) Cleaning product.--The term ``cleaning product'' means 
        any product used primarily for commercial, domestic, or 
        institutional cleaning purposes, including an air care product, 
        automotive product, disinfectant (except as provided in 
        subparagraph (B)), and polish or floor maintenance product. 
        Such term shall not include--
                    (A) any drug or cosmetics, including a personal 
                care items such as toothpaste, shampoo, and hand soap; 
                or
                    (B) a product labeled, advertised, marketed, and 
                distributed for use only as a pesticide, as defined by 
                section 2(u) of the Federal Insecticide, Fungicide and 
                Rodenticide Act (7 U.S.C. 136(u)), including a 
                disinfectant intended for use solely on critical or 
                semi-critical devices as described by such section.
            (5) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (6) Ingredient.--The term ``ingredient'' means a chemical 
        in a cleaning product, including--
                    (A) a chemical that provides a technical or 
                functional effect;
                    (B) a chemical that has no technical or functional 
                effect but is present by reason of having been 
                incorporated into the cleaning product as an ingredient 
                of another chemical;
                    (C) a processing aid that is present by reason of 
                having been added to a cleaning product during the 
                processing of such cleaning product;
                    (D) any substance that is present by reason of 
                having been added to a cleaning product during 
                processing for its technical or functional effect;
                    (E) any contaminant that may leach from container 
                materials or form via reactions over the shelf life of 
                a cleaning product and that may be present at levels 
                where detection is technologically feasible;
                    (F) with respect to a fragrance or preservative, 
                each individual component part of the fragrance or 
                preservative by its individual name; and
                    (G) any individual component of a petroleum-
                derived, animal-derived, or other ingredient that the 
                Commission determines be considered an ingredient.
            (7) Polish or floor maintenance product.--The term ``polish 
        or floor maintenance product'' means a chemically formulated 
        consumer product designed to polish, protect, or maintain 
        furniture, floors, metal, leather, or other surfaces, including 
        polish, wax, and restorer.
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