[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5205 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5205

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2016

  Mr. Israel 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 2016''.

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, and the manufacturer of the product shall include on 
the website of the manufacturer (if the manufacturer maintains a 
website), 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) 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.
            (2) The list of ingredients on the website of the product 
        shall--
                    (A) include the CAS Registry Number of each 
                ingredient;
                    (B) include an explanation of each ingredient's 
                purpose for being in the cleaning product; and
                    (C) be available in English, Spanish, and any other 
                language the Commission determines necessary to ensure 
                that users of the product in the United States are 
                informed as to the complete list of the product's 
                ingredients and their function.
    (b) Treatment Under the FHSA.--A cleaning product that is not in 
conformity with the labeling requirements of subsection (a), including 
a product the manufacturer of which is not in compliance with the 
website listing requirement with respect to such product, 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.
    (c) 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)) or the Hazard Communication Standard of the 
Occupational Safety and Health Administration.
    (d) Rulemaking Authority.--Not later than 1 year after the date of 
the enactment of this Act, in consultation with the Administrator of 
the Environmental Protection Agency as necessary, the Commission shall 
issue regulations--
            (1) to ensure a standardized method of listing ingredients 
        in an accessible, uniform, and legible manner on both the label 
        and website of a product as required by subsection (a); and
            (2) to provide for the effective enforcement of this Act.

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, including a product 
the manufacturer of which is not in compliance with the requirement to 
list the product's ingredients on its website.
    (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. 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. 5. DEFINITIONS.

    In this Act:
            (1) 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.
            (2) 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.
            (3) 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 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.
            (4) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (5) Ingredient.--The term ``ingredient'' means a chemical 
        intentionally incorporated in a cleaning product, including--
                    (A) a chemical intentionally added to the product 
                that provides a technical or functional effect;
                    (B) the intentional breakdown product of a chemical 
                that has an effect on the cleaning product;
                    (C) with respect to a fragrance or preservative, 
                each individual component part of the fragrance or 
                preservative; and
                    (D) any individual component of an ingredient or of 
                an incidental ingredient that the Commission determines 
                should be considered an ingredient.
            (6) Incidental ingredient.--The term ``incidental 
        ingredient'' means a chemical in a cleaning product, 
        including--
                    (A) any substance that is present by reason of 
                having been added to a cleaning product during 
                processing for its 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 a component 
                of an ingredient of another chemical; and
                    (C) any contaminant that may form via reactions 
                over the shelf life of a cleaning product and that may 
                be present at levels where detection is technologically 
                feasible.
            (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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