Sec. 2. Cleaning products labeling requirement
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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: 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. 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. 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.
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. A manufacturer making a claim that an ingredient is a trade secret shall file such claim with the Commission.
Such claim shall contain— the identity of the person making the claim; a brief description of the information for which trade secret protection is being claimed; the period of time for which trade secret protection is claimed and a justification for the period selected; 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; 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; the measures taken to restrict access to and safeguard the information, and whether or not the person plans to continue utilizing such measures; copies of, or references to, any pertinent confidentiality determinations previously made by any public agencies; the estimated dollar value of the claimed information to the person’s facility or business, and to that person’s competitors; the amount of effort or money expended by the person’s facility or business in developing the information; the ease or difficulty with which the information could be properly acquired, duplicated or reverse-engineered by others; 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; 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— the substantiating information is true, accurate, and complete; the information for which trade secret protection is claimed is not otherwise publicly available; and there is a reasonable basis to assert trade secret protection for the information so claimed; and 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.
No ingredient may be claimed as a trade secret if such ingredient— is publicly known to be in the product; can be discovered through a standard process of reverse engineering; is a hazardous substance within the meaning of section 2(f) of the Federal Hazardous Substances Act ( 15 U.S.C. 1261(f) ); or is a substance— 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 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.
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. 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. 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) ). 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.
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Sec. 2
Cleaning products labeling requirement
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