N.Y. Environmental Conservation Law § 35-0105: Distribution and sale of household cleansing products; possession or use of household cleansing products containing phosphorus by commerc...

§ 35-0105. Distribution and sale of household cleansing products;

possession or use of household cleansing products

containing phosphorus by commercial establishments

restricted.

1. No person shall distribute, sell, offer or expose for sale in this

state any household cleansing product unless its wrapper or container

shall be plainly labeled as provided in this subdivision. The

commissioner may by rule or regulation exempt products shipped or

distributed in bulk from provisions of this subdivision. The wrapper or

container of every household cleansing product must list the weight of

each ingredient which the commissioner determines may affect adversely

human health or the environment, including but not limited to

phosphorus. Such listing shall be by percentage of total weight of such

product and by grams per recommended use, in descending order of

predominance. Labeling of ingredients shall be in accordance with the

nomenclature established by regulation of the commissioner. The

percentage by weight in the container and the weight in grams per

recommended use level of each ingredient shall be expressed to at least

two significant figures or as specified by the commissioner. Analyses to

determine actual composition shall be performed in accordance with rules

and regulations of the commissioner.

2. a. (1) No household cleansing product, except those used in

dishwashers, food and beverage processing equipment, and dairy

equipment, shall be distributed, sold, offered or exposed for sale in

this state which contains a phosphorus compound other than such trace

concentrations as may be authorized by the commissioner by regulation.

(2) No household cleansing product used in dishwashers shall be

distributed, sold, offered or exposed for sale in this state which

contains a phosphorus compound in excess of five-tenths percent by

weight expressed as phosphorus.

(3) No household cleansing product used in food and beverage

processing equipment and dairy equipment shall be distributed, sold,

offered or exposed for sale in this state which contains a phosphorus

compound in excess of eight and seven-tenths percent by weight expressed

as phosphorus.

b. No owner, occupant, or person in control of a commercial

establishment shall possess or use or authorize any other person by way

of service contract or other arrangement to possess or use in this state

any household cleansing product which contains a phosphorus compound in

excess of the amount allowed for such product under paragraph a of this

subdivision.

3. No person shall distribute, sell, offer or expose for sale in this

state any household cleansing product which does not comply with

regulations of the commissioner promulgated pursuant to subdivision 3 of

section 35-0107.

4. No household cleansing product shall be distributed, sold, offered

or exposed for sale in this state which contains 1,4-dioxane other than

such trace concentrations; such trace concentrations shall not exceed

two parts per million by December thirty-first, two thousand twenty-two;

and further, shall not exceed one part per million by December

thirty-first, two thousand twenty-three.

5. No later then May first, two thousand twenty-five, and every two

years thereafter, the department, in consultation with the department of

health, shall review such trace concentration thresholds and determine

whether such concentrations shall be lowered to better protect human

health and the environment.

6. A manufacturer of a household cleansing product, otherwise subject

to the requirements of subdivision four of this section, may apply to

the department for a one-year waiver from such requirements for a

specific household cleansing product, upon such proof that the

manufacturer has taken steps to reduce the presence of 1,4-dioxane in

that product and is unable to comply with the requirements of

subdivision four of this section. Thereafter, a manufacturer may apply

for one additional one-year waiver for such product, upon such the

satisfaction of such similar proof.

7. The department is authorized to promulgate such rules and

regulations as it shall deem necessary to implement the provisions of

this section, including rules and regulations with respect to any

allowable trace concentrations.