[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2728 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 2728

To require labeling of ingredients of cleaning products, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2017

   Mr. Ruiz introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
Education and the Workforce, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To require labeling of ingredients of 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 Labeling Act of 
2017''.

SEC. 2. CLEANING PRODUCTS LABELING REQUIREMENT.

    (a) Labeling Requirement.--Beginning on the date that is 1 year 
after the date on which the Commission issues regulations under 
subsection (d), 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 Internet 
website of the manufacturer (if the manufacturer maintains an Internet 
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 Internet 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 or Administration 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 of Nonconforming Products.--
            (1) Consumer products.--A cleaning product under the 
        jurisdiction of the Commission 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 
        Internet 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.
            (2) Other cleaning products.--A cleaning product under the 
        jurisdiction of the Occupational Safety and Health 
        Administration 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 Internet 
        website listing requirement with respect to such product, shall 
        be treated as a product in violation of a rule promulgated 
        under section 6 of the Occupational Safety and Health Act of 
        1970 (29 U.S.C. 655).
    (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)), section 3 of the Poison Prevention Packaging Act of 
1970 (15 U.S.C. 1472), or the Hazard Communication Standard of the 
Occupational Safety and Health Administration.
    (d) Rulemaking Authority of the Consumer Product Safety 
Commission.--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 
for cleaning products under the jurisdiction of the Commission--
            (1) to ensure a standardized method of listing ingredients 
        in an accessible, uniform, and legible manner on both the label 
        and Internet website of a product as required by subsection 
        (a); and
            (2) to provide for the effective enforcement of this Act.
    (e) Rulemaking Authority of the Occupational Safety and Health 
Administration.--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 Secretary of Labor 
shall issue regulations, including occupational safety or health 
standards, for cleaning products under the jurisdiction of the 
Administration--
            (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.
    (f) Preservation of Existing Agency Jurisdiction.--Nothing in this 
Act shall be construed as having any effect on which cleaning products 
fall within the jurisdiction of the Commission or the Occupational 
Safety and Health Administration.

SEC. 3. PUBLIC RIGHT TO KNOW PETITION.

    (a) Petition.--Any person may submit a petition to the agency of 
jurisdiction 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 Internet 
website.
    (b) Action by the Agency of Jurisdiction.--The agency of 
jurisdiction shall notify a petitioner of the receipt of a petition 
within 30 days after receipt of such petition. The agency 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 agency sustains the claim or claims 
made by the petition, the agency shall initiate the proper enforcement 
actions required by law.
    (c) Regulations.--The agency of jurisdiction may issue such 
regulations as it determines necessary to require that petitions 
include a reasonable evidentiary basis for the claims made therein.

SEC. 4. RELATIONSHIP TO STATE LAWS.

    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) Agency of jurisdiction.--The term ``agency of 
        jurisdiction'' means the Occupational Safety and Health 
        Administration with respect to cleaning products and matters 
        under the jurisdiction of the Administration and the Commission 
        with respect to cleaning products and matters under the 
        jurisdiction of the Commission.
            (2) Air care product.--The term ``air care product'' means 
        a mixture of one or more chemicals the purpose of which is 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 chemically formulated 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 cosmetic, 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.
            (5) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (6) 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.
            (7) 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.
            (8) 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.
            (9) Secretary of labor.--The term ``Secretary of Labor'' 
        means the Secretary of Labor, acting through the Assistant 
        Secretary of Labor for Occupational Safety and Health.
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