1.This Act may be cited as the
Cleaning Product Right to Know Act of
2011
.
2.Cleaning products
labeling requirement
(a)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)
(1)Exemption for
undetectable ingredientsThe 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)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)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)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)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)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 requirementsNothing 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)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.
3.Public right to
know petition
(a)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)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)The
Commission may issue such regulations as it determines necessary to require
that petitions include a reasonable evidentiary basis for the claims made
therein.
4.Required internet
disclosure
(a)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 disclosureThe 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)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)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.
5.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
.
6.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.
7.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.
8.In this Act:
(1)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)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)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)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)The
term Commission means the Consumer Product Safety
Commission.
(6)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 productThe 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.