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Home > Nanotechnology Columns > Bergeson & Campbell, P.C. > New York Delays Enforcement of Household Cleansing Product Information Disclosure Program

Lynn L. Bergeson
Managing Director
Bergeson & Campbell, P.C.

Abstract:
On January 9, 2019, the New York State Department of Environmental Conservation (NYSDEC) announced a three-month delay in its enforcement of the Household Cleansing Product Information Disclosure Program (Disclosure Program), from July 1, 2019, to October 1, 2019.

January 24th, 2019

New York Delays Enforcement of Household Cleansing Product Information Disclosure Program

On January 9, 2019, the New York State Department of Environmental Conservation (NYSDEC) announced a three-month delay in its enforcement of the Household Cleansing Product Information Disclosure Program (Disclosure Program), from July 1, 2019, to October 1, 2019. See https://www.dec.ny.gov/chemical/109021.html NYSDEC published its announcement in the January 9, 2019, Environmental Notice Bulletin. See https://www.dec.ny.gov/enb/20190109_not0.html As reported in our June 8, 2018, blog item, the Disclosure Program requires manufacturers of cleaning products sold in New York to disclose chemical ingredients and identify any ingredients that appear on authoritative lists of chemicals of concern on their websites. See https://nanotech.lawbc.com/2018/06/new-york-household-cleansing-product-disclosure-program-will-require-disclosure-of-nano-ingredients/ According to the Disclosure Program Certification Form and Program Policy, for each ingredient that is a nanoscale material, a term describing the nanoscale material should be disclosed. See https://www.dec.ny.gov/docs/materials_minerals_pdf/cleansingprodfin.pdf For example, if the nanoscale material is carbon, the disclosure should use the term "nanoscale" carbon. NYSDEC's Program Policy states that a nanoscale material "is a chemical substance that meets the [Toxic Substances Control Act (TSCA)] definition of a reportable chemical substance manufactured or processed at the nanoscale. That definition provides, in part, that a ‘reportable chemical substance is a chemical substance as defined in Section 3 of TSCA that is solid at 25° C and standard atmospheric pressure, that is manufactured or processed in a form where any particles, including aggregates and agglomerates, are in the size range of 1-100 nanometers in at least one dimension, and that is manufactured or processed to exhibit unique and novel properties because of its size. A reportable chemical substance does not include a chemical substance that is manufactured or processed in a form where less than 1% of any particles, including aggregates, and agglomerates, measured by weight are in the size range of 1-100 nanometers.'"

More information regarding the Disclosure Program and the enforcement delay is available in Bergeson & Campbell, P.C.'s January 14, 2019, memorandum, "NYDEC Delays for Three Months Enforcement of its Household Cleansing Product Information Disclosure Program." See http://www.lawbc.com/regulatory-developments/entry/nydec-delays-for-three-months-enforcement-of-its-household-cle

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