N.Y. ENV Law § 35-0105 — New York Code / Act ENV / Article 35 / Section 35-0105
Distribution and sale of household cleansing products; possession or use of household cleansing products containing phosphorus by commerc...
Status: in_force

§ 35-0105. Distribution and sale of household cleansing products;\n             possession or use of household cleansing products\n             containing phosphorus by commercial establishments\n             restricted.\n  1. No person shall distribute, sell, offer or expose for sale in this\nstate any household cleansing product unless its wrapper or container\nshall be plainly labeled as provided in this subdivision. The\ncommissioner may by rule or regulation exempt products shipped or\ndistributed in bulk from provisions of this subdivision. The wrapper or\ncontainer of every household cleansing product must list the weight of\neach ingredient which the commissioner determines may affect adversely\nhuman health or the environment, including but not limited to\nphosphorus. Such listing shall be by percentage of total weight of such\nproduct and by grams per recommended use, in descending order of\npredominance. Labeling of ingredients shall be in accordance with the\nnomenclature established by regulation of the commissioner. The\npercentage by weight in the container and the weight in grams per\nrecommended use level of each ingredient shall be expressed to at least\ntwo significant figures or as specified by the commissioner. Analyses to\ndetermine actual composition shall be performed in accordance with rules\nand regulations of the commissioner.\n  2. a. (1) No household cleansing product, except those used in\ndishwashers, food and beverage processing equipment, and dairy\nequipment, shall be distributed, sold, offered or exposed for sale in\nthis state which contains a phosphorus compound other than such trace\nconcentrations as may be authorized by the commissioner by regulation.\n  (2) No household cleansing product used in dishwashers shall be\ndistributed, sold, offered or exposed for sale in this state which\ncontains a phosphorus compound in excess of five-tenths percent by\nweight expressed as phosphorus.\n  (3) No household cleansing product used in food and beverage\nprocessing equipment and dairy equipment shall be distributed, sold,\noffered or exposed for sale in this state which contains a phosphorus\ncompound in excess of eight and seven-tenths percent by weight expressed\nas phosphorus.\n  b. No owner, occupant, or person in control of a commercial\nestablishment shall possess or use or authorize any other person by way\nof service contract or other arrangement to possess or use in this state\nany household cleansing product which contains a phosphorus compound in\nexcess of the amount allowed for such product under paragraph a of this\nsubdivision.\n  3. No person shall distribute, sell, offer or expose for sale in this\nstate any household cleansing product which does not comply with\nregulations of the commissioner promulgated pursuant to subdivision 3 of\nsection 35-0107.\n  4. No household cleansing product shall be distributed, sold, offered\nor exposed for sale in this state which contains 1,4-dioxane other than\nsuch trace concentrations; such trace concentrations shall not exceed\ntwo parts per million by December thirty-first, two thousand twenty-two;\nand further, shall not exceed one part per million by December\nthirty-first, two thousand twenty-three.\n  5. No later then May first, two thousand twenty-five, and every two\nyears thereafter, the department, in consultation with the department of\nhealth, shall review such trace concentration thresholds and determine\nwhether such concentrations shall be lowered to better protect human\nhealth and the environment.\n  6. A manufacturer of a household cleansing product, otherwise subject\nto the requirements of subdivision four of this section, may apply to\nthe department for a one-year waiver from such requirements for a\nspecific household cleansing product, upon such proof that the\nmanufacturer has taken steps to reduce the presence of 1,4-dioxane in\nthat product and is unable to comply with the requirements of\nsubdivision four of this section. Thereafter, a manufacturer may apply\nfor one additional one-year waiver for such product, upon such the\nsatisfaction of such similar proof.\n  7. The department is authorized to promulgate such rules and\nregulations as it shall deem necessary to implement the provisions of\nthis section, including rules and regulations with respect to any\nallowable trace concentrations.\n