New York Further Delays Enforcement of Cleaning Product Disclosure Program

The New York Department of Environmental Conservation (NYDEC) announced last week that it will not begin enforcement of the Household Cleansing Product Information Disclosure Program until January 2, 2020. Previously, NYDEC had delayed enforcement until October 2 for compliance with the initial July 1, 2019 deadlines under the Program.

Under the new disclosure program, manufacturers (with over 100 employees) of covered cleaning products are required to disclose by July 1, 2019, certain information regarding intentionally added ingredients (other than fragrance ingredients), and nonfunctional ingredients present above trace quantities. Compliance requires completion and submission to NYDEC of a Certification Form, as well as making the required disclosures on the company’s website. Additional disclosure requirements are phased in over the next several years, including for manufacturers with less than 100 employees, and with respect to different types of ingredients and information pertaining to human health and environmental risks.

Cleaning products covered by the Program are defined as soaps and detergents containing a surfactant as a wetting or dirt emulsifying agent and used primarily for domestic or commercial cleaning purposes, including but not limited to the cleansing of fabrics, dishes, food utensils and household and commercial premises.”

No reason was provided for the additional enforcement delay. However, lawsuits challenging the program remain pending.

Further information on the enforcement delay and disclosure program in general can be found at www​.dec​.ny​.gov/​c​h​e​m​i​c​a​l​/​1​0​9​0​2​1​.html.