Dell Tech Laboratories provided an update on ingredient disclosure requirements in New York and California. The New York Supreme Court struck down the New York Department of Environmental Conservation's household cleaning product disclosure program. This means manufacturers do not need to disclose ingredients in New York for now. California's Cleaning Product Right to Know Act takes effect in 2020 and 2021, requiring disclosure of ingredients on designated lists online and on labels. Dell Tech offers a search tool to help identify if ingredients are on the 23 designated lists for California. They also provide regulatory support and updates to help companies comply.

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Ingredient Disclosure Updates
NY DEC & California Cleaning Product RTK
September 18, 2019
Dell Tech Laboratories - www.delltech.com
519-858-5021
Dell Tech Laboratories
Joe McCarthy
Senior Regulatory Affairs Specialist
519-858-5024
jmccarthy@delltech.com
http://delltech.com/product-safety-group/

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1. NY Supreme Court Ruling on the NY Department of Environmental Conservation
Household Cleansing Product Information Disclosure Program.
- What the rulings were.
- How NY DEC might respond.
- What it means for you.
2. California Cleaning Product Right Cleaning Product Right to Know Act of 2017
“Designated Lists”
- What are the designated lists?
- Where are the designated lists?
- Navigating the designated lists.
3. A simple way to search the designated lists for your ingredients.

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NY Supreme Court Ruling
Quick background
June 2018 - NY DEC publishes Policy DMM-2 Household Cleansing Product Information
Disclosure Program to specify the form in which manufacturers of household cleaning
products disclose ingredient information to NY DEC under Article 35 of the
Environmental Conservation Law and Part 659 of Title 6 of the New York Code of Rules
and Regulations (NYCRR). First compliance deadline July 1, 2019
Nov 2018 - Household & Commercial Products Association (HCPA) and American
Cleaning Institute (ACI) jointly file suit against NY DEC. NY DEC moves to have the suit
dismissed. First compliance deadline delayed to Oct 1, 2019
May 2019 – NY DEC agrees to withdraw motion to dismiss. Deadline for each party to
file final arguments is June 27, 2019. Deadline for NY Supreme Court to rule is
December 2019. First compliance deadline delayed again to January 1, 2019
August 2019 - NY Supreme Court strikes down Policy DMM-2 Household Cleansing
Product Information Disclosure Program.

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NY Supreme Court Ruling
DECISION/JUDGMENT, Index No. 06216-18,RJI No. 01-46-18-ST9885
4 key findings
1. Court ruled the HCPA & ACI have standing because the association members “will
suffer an injury in fact as the result of the challenged agency action, and that its
members' are within the "zone of interests”.
2. Court did not grant intervenor or amicus curiae status to the NGOs Clean and
Healthy New York, New York Committee for Occupational Safety and Health and or
WE ACT for Environmental Justice.
3. Court ruled Policy DMM-2 Household Cleansing Product Information Disclosure
Program “constitutes a clear rule and not a mere interpretative statement without
any legal or binding effect.”
4. Court finds the “Disclosure Program constitutes a "rule", that was not implemented
in compliance with the State Administrative Procedure Act, therefore it is hereby
null and void”.

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NY Supreme Court Ruling
There are 4 possibilities going forward
1. The NYSDEC appeals the ruling. An appeal could take about 14 months. Possible, though very
unlikely, that NY DEC files for a stay of the court ruling pending appeal, which would allow the
Disclosure Program to go into effect on January 1, 2020 .
2. The NYSDEC goes through the rulemaking process according to State Administrative Procedure
Act to enact a new rule. This process could take a year or more.
3. The NYSDEC can ask the legislature and the governor to pass a law granting them the statutory
authority to make the Disclosure Program law. This could start in January 2020, but this would be
new legislation and could take several months or more to pass.
4. The NYSDEC could do nothing.
What these means for manufacturers/distributors in New York State.
The NY DEC Conservation Household Cleansing Product Information Disclosure Program is defunct.
You do not have create online ingredient disclosure to satisfy the New York requirements nor
submit the Household Cleansing Product Information Disclosure Program Certification Form.

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California Cleaning Product Right to Know Act
The online disclosure requirements effective January 1, 2020
(103 days left!)
Product Label disclosure requirements effective January 1, 2021

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California CPRTKA Designated Lists
108954. (a) A manufacturer of a designated product sold in the state shall disclose on the
product label ……
(1) (A) A list of each intentionally added ingredient contained in the product that is included on a
designated list.
108954.5. (a) The manufacturer of a designated product sold in the state shall post on its
Internet Web site, in an electronically readable format, the following information related to the
designated product:
(5) Electronic links for designated lists shall be grouped together in a single location for any
intentionally added ingredient or nonfunctional constituent that is included on a designated list
7(b)(1) A list of all fragrance ingredients that are included on a designated list.

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California CPRTKA Designated Lists
What are the designated lists?
22 different lists defined in 108952(g) and EU Fragrance allergens
1 CA Prop 65
2 EU CMRs
3 EU Endocrine Disruptors
4 IRIS Neurotoxicants
5 IRIS Carcinogens.
6 EU PBTs.
7 Canada PBTs
8 EU Respiratory Sensitizers
9 IARC Carcinogens
10 ATSDR Neurotoxicants
11 US EPA Priority Chemicals List
12 US NTP Reproductive or Developmental Toxicants
13 US EPA PBTs
14 WA PBTs
15 US NTP Carcinogens
16 CA NLs
17 CA MCLs
18 CA TACs
19 CA Priority Pollutants
20 CA Non-Cancer Hazards
21 CA Priority Chemicals
22 Marine Priority Action Chemicals
23 EU Fragrance Allergens

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California CPRTKA Designated Lists
Where are the designated lists!?
California Department of Toxic Substances Control Authoritative lists
https://dtsc.ca.gov/scp/authoritative-lists/
NY DEC Household Cleansing Product Information Disclosure Program Appendix B
https://www.dec.ny.gov/docs/materials_minerals_pdf/cleansingprodfin.pdf
HCPA Lists of Lists matrix
https://www.productingredients.com/page/list-of-matrix

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California CPRTKA Designated Lists
The Simple Search
Dell Tech has consolidated all 23 California lists, and the 6 additional
New York lists into a consolidated Excel database searchable by CAS#.
And we added the common chemical name and chemical function.

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California CPRTKA Designated Lists
Custom Simple Search Tool
If you can provide a consolidated list of all the CAS# in your products, we can provide a custom search
tool for your formulary that will search all the list at the same time and highlight if the ingredients is on
the list. See contact information on 1st and last slides.
We do not need to know which product(s) the ingredient is in or how much is in the product.

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QUESTIONS & ANSWERS
Q1. Where can I find a recording of this webinar?
A1. You can view a recording of all Dell Tech webinars including this on YouTube:
https://www.youtube.com/channel/UCCJWIBcOhwhgdzns3Q3yo1g/featured
Q2. Is it likely that NY will rewrite their rule to address industry objections?
A2. Yes, any process to revise the Household Cleansing Product Information Disclosure Program will be through a formal legislative
process with propped rulemaking stakeholder engagement, public comment etc. This would inevitably result in changes.
Q3. How does a person establish confidential business claims.
A3. If the substance was notified confidentially to TSCA, that would establish the claim. It can be done under the Uniform Trade Secrets
Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code). But you should consult a business lawyer familiar
with that California law. CBI cannot be claim for any ingredient on a designated list, any of the 34 non-functional ingredients or for 1,4
dioxane
Q4.On your Excel search tool, how often do you update the designated lists.
A.4 Quarterly (every 3 months)
Q5. My understanding is that the California law only applies to substances that are intentionally added, and on one of the lists, and are at
least 1% of the formula.
A5. That is not the case. The California CPRTKA does not set a minimum concentration for disclosure of intentionally added ingredients. It
also requires disclosure of EU Fragrance allergens at or above 0.01% (100 ppm), disclosure of 34 specific nonfunctional ingredients at or
above 0.01% (100 ppm) and 1,4 dioxane at or above 0.001% (10 ppm).
Q6. How much to you charge for a custom copy of the CA & NY Ingredient disclosure search tool?
A.6 Contact Joe McCarthy at 519-858-5024 or jmccarthy@delltech.com to discuss your needs and pricing.

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Dell Tech Laboratories
Joe McCarthy
Senior Regulatory Affairs Specialist
519-858-5024
jmccarthy@delltech.com
Dell Tech Product Safety Group
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