I 

112TH CONGRESS 

1ST SESSION H. R. 3457 

To require ingredient labeling of certain consumer cleaning products, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 17, 2011 

Mr. ISRAEL (for himself, Mr. GRIJALVA, Mr. RYAN of Ohio, Mr. BISHOP of 

New York, and Ms. DEGETTE) introduced the following bill; which was 

referred to the Committee on Energy and Commerce 

A BILL 

To require ingredient labeling of certain consumer cleaning 

products, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cleaning Product 

5 Right to Know Act of 2011’’. 

6 SEC. 2. CLEANING PRODUCTS LABELING REQUIREMENT. 

7 (a) LABELING REQUIREMENT.—Beginning 1 year 

8 after the date of enactment of this Act, a cleaning product 

9 manufactured for sale, offered for sale, distributed in com10 merce, or imported to the United States after such date 


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1 shall bear a label on the product’s container or packaging 

2 with a complete and accurate list of all the product’s in3 gredients, including the individual ingredients in dyes, fra4 grances, and preservatives. Ingredients shall be listed in 

5 accordance with the following: 

6 (1) Each ingredient shall be listed by the name 

7 assigned to it by the International Nomenclature of 

8 Cosmetic Ingredients. If there is no such name, by 

9 the name assigned to it by the International Union 

10 of Pure and Applied Chemistry. If there is no such 

11 name, the ingredient may be listed by its common 

12 chemical name. 

13 (2) Ingredients shall be listed in descending 

14 order of predominance in the product by weight, 

15 other than ingredients that constitute less than 1 

16 percent of the product, which may be listed at the 

17 end in any order. 

18 (b) EXEMPTIONS.— 

19 (1) EXEMPTION FOR UNDETECTABLE INGREDI20 ENTS.—The Commission may exempt from the label21 ing requirement an ingredient that is present in a 

22 cleaning product at such low levels that detection of 

23 the ingredient in the product is not technologically 

24 feasible. 


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1 (2) EXEMPTION FOR INGREDIENTS CONSTI2 TUTING TRADE SECRETS.— 

3 (A) IN GENERAL.—An ingredient may be 

4 exempt from the labeling requirements of this 

5 section if the manufacturer demonstrates to the 

6 Commission that such ingredient is a trade se7 cret, as determined by the Commission under 

8 subparagraph (D), based on a claim submitted 

9 by the manufacturer under subparagraph (B). 

10 An exemption for an ingredient under this 

11 paragraph shall be for a period of 5 years, after 

12 which the manufacturer may again submit a 

13 claim for an additional 5-year exemption. 

14 (B) CLAIMS OF TRADE SECRECY.—A man15 ufacturer making a claim that an ingredient is 

16 a trade secret shall file such claim with the 

17 Commission. Such claim shall contain— 

18 (i) the identity of the person making 

19 the claim; 

20 (ii) a brief description of the informa21 tion for which trade secret protection is 

22 being claimed; 

23 (iii) the period of time for which trade 

24 secret protection is claimed and a justifica25 tion for the period selected; 


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1 (iv) the extent to which the informa2 tion is known by employees or others in3 volved with the facility or business, and 

4 whether or not those individuals with 

5 knowledge are bound by non-disclosure 

6 agreements; 

7 (v) the extent to which the informa8 tion is known outside of the facility or 

9 business of the person, and whether or not 

10 individuals with such knowledge are bound 

11 by non-disclosure agreements; 

12 (vi) the measures taken to restrict ac13 cess to and safeguard the information, and 

14 whether or not the person plans to con15 tinue utilizing such measures; 

16 (vii) copies of, or references to, any 

17 pertinent confidentiality determinations 

18 previously made by any public agencies; 

19 (viii) the estimated dollar value of the 

20 claimed information to the person’s facility 

21 or business, and to that person’s competi22 tors; 

23 (ix) the amount of effort or money ex24 pended by the person’s facility or business 

25 in developing the information; 


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1 (x) the ease or difficulty with which 

2 the information could be properly acquired, 

3 duplicated or reverse-engineered by others; 

4 (xi) a description of the nature and 

5 extent of substantial harm that would be 

6 caused if the information were made pub7 lic, including an explanation of the causal 

8 relationship between disclosure and the 

9 harmful effects claimed; 

10 (xii) the signature of the person’s gen11 eral counsel or other executive with knowl12 edge of the preparation of the substan13 tiating information certifying under pen14 alty of perjury, based upon the knowledge 

15 and belief of the signatory, that— 

16 (I) the substantiating informa17 tion is true, accurate, and complete; 

18 (II) the information for which 

19 trade secret protection is claimed is 

20 not otherwise publicly available; and 

21 (III) there is a reasonable basis 

22 to assert trade secret protection for 

23 the information so claimed; and 

24 (xiii) the name, mailing address, tele25 phone number and email address of the inVerDate Mar 15 2010 05:13 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3457.IH H3457

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1 dividual to be contacted if any additional 

2 information is needed by the Commission 

3 to make a determination. 

4 (C) LIMITATION.—No ingredient may be 

5 claimed as a trade secret if such ingredient— 

6 (i) is publicly know to be in the prod7 uct; 

8 (ii) can be discovered through a 

9 standard process of reverse engineering; 

10 (iii) is a hazardous substance within 

11 the meaning of section 2(f) of the Federal 

12 Hazardous Substances Act (15 U.S.C. 

13 1261(f)); or 

14 (iv) is a substance— 

15 (I) meeting the criteria for cat16 egory 1 or category 2 for any of the 

17 toxicity endpoints established by the 

18 Globally Harmonized System for the 

19 Classification and Labeling of Haz20 ardous Substances that causes an ad21 verse effect that has been dem22 onstrated in humans or other exposed 

23 organisms; or 

24 (II) for which the weight of evi25 dence (such as demonstration of an 


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1 adverse effect, laboratory studies, or 

2 data for a chemical from the same 

3 chemical class that exhibits that ad4 verse effect) demonstrates the poten5 tial for an adverse effect in humans or 

6 other exposed organisms, including ac7 tual or potential effects of exposure to 

8 the chemical substance or mixture on 

9 mortality, morbidity, including car10 cinogenesis, reproduction, growth and 

11 development, the immune system, the 

12 endocrine system, the brain or nerv13 ous system, other organ systems, or 

14 any other biological functions in hu15 mans or nonhuman organisms. 

16 (D) CPSC DETERMINATION.—As promptly 

17 as practicable after receiving the information 

18 submitted by a manufacturer, the Commission 

19 shall make a determination on the basis of such 

20 information as to whether the ingredient is a le21 gitimate trade secret and shall notify the manu22 facturer of its determination. 

23 (c) TREATMENT UNDER THE FHSA.—A cleaning 

24 product that is not in conformity with the labeling require25 ments of subsection (a) and not exempt from such requireVerDate Mar 15 2010 05:13 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3457.IH H3457

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1 ments pursuant to subsection (b) shall be treated as a sub2 stance defined in section 2(p) of the Federal Hazardous 

3 Substances Act (15 U.S.C. 1261(p)) for purposes of such 

4 Act. 

5 (d) NO EFFECT ON EXISTING LABELING REQUIRE6 MENTS.—Nothing in this Act shall be interpreted as hav7 ing any effect on any labeling requirements in effect before 

8 the date of enactment of this Act as described in section 

9 2(p) of the Federal Hazardous Substances Act (15 U.S.C. 

10 1261(p)). 

11 (e) RULEMAKING AUTHORITY.—The Commission 

12 may issue such regulations it determines necessary to pro13 vide for the effective enforcement of this Act, and shall 

14 consult with the Administrator of the Environmental Pro15 tection Agency as necessary. 

16 SEC. 3. PUBLIC RIGHT TO KNOW PETITION. 

17 (a) PETITION.—Any person may submit a petition to 

18 the Commission alleging that a cleaning product available 

19 in interstate commerce does not satisfy the labeling re20 quirements of this Act. 

21 (b) ACTION BY THE COMMISSION.—The Commission 

22 shall notify a petitioner of the receipt of a petition within 

23 30 days after receipt of such petition. The Commission 

24 shall investigate the claims made by the petition and make 

25 a determination as to the validity of such claims within 


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1 180 days after acknowledging the receipt of such petition. 

2 If the Commission sustains the claim or claims made by 

3 the petition, the Commission shall initiate the proper en4 forcement actions required by law. 

5 (c) REGULATIONS.—The Commission may issue such 

6 regulations as it determines necessary to require that peti7 tions include a reasonable evidentiary basis for the claims 

8 made therein. 

9 SEC. 4. REQUIRED INTERNET DISCLOSURE. 

10 (a) MANUFACTURER DISCLOSURE.—Each manufac11 turer of a cleaning product shall make available in a clear 

12 and conspicuous location on the website of such manufac13 turer, if the manufacturer maintains a website, a complete 

14 list of each of the manufacturer’s cleaning products’ ingre15 dients not later than 6 months after the date of enactment 

16 of this Act. 

17 (b) CONTENT AND REQUIREMENTS OF DISCLO18 SURE.—The disclosure required by subsection (a) shall— 

19 (1) name and list the product’s ingredients in 

20 the manner prescribed in section 3; 

21 (2) be reviewed every 120 days and revised as 

22 necessary to reflect changes to cleaning products; 

23 (3) include the appropriate Chemical Abstract 

24 Services number for each ingredient; 


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1 (4) identify any potential adverse health effect 

2 of each ingredient in the cleaning product and use 

3 the appropriate signal word or hazard descriptor as 

4 prescribed in section 2(p) of the Federal Hazardous 

5 Substances Act (15 U.S.C. 1261(p)); and 

6 (5) be sortable by product, ingredient, adverse 

7 health effect, and other categories as determined by 

8 the Commission. 

9 (c) COMMISSION DISCLOSURE.—Promptly after the 

10 date set forth in subsection (a), the Commission shall pro11 vide on the website of the Commission a web page that 

12 aggregates the information made available by manufactur13 ers under such subsection and that allows users to com14 pare products made by different manufacturers. Such web 

15 page shall be reviewed every 6 months and revised as nec16 essary to reflect changes to cleaning products. 

17 (d) LANGUAGE ACCESSIBILITY.—The disclosures re18 quired to be made on a website or web page subject to 

19 this section shall be available in English, Spanish, and any 

20 other language the Commission determines necessary to 

21 ensure that users of a cleaning product in the United 

22 States are informed as to the complete list of the product’s 

23 ingredients and potential adverse health effects. 


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1 SEC. 5. ENHANCED PENALTIES. 

2 Section 5(c)(1) of the Federal Hazardous Substances 

3 Act (15 U.S.C. 1264(c)(1)) is amended by striking 

4 ‘‘$15,000,000’’ and inserting ‘‘$30,000,000’’. 

5 SEC. 6. REPORTING. 

6 Not later than 2 years after the date of enactment 

7 of this Act and every 2 years thereafter, the Commission 

8 shall prepare a report on compliance with the labeling re9 quirement of this Act and the enforcement activities of 

10 the Commission, and shall transmit such report to Con11 gress and make it publicly available on the Internet. 

12 SEC. 7. PREEMPTION. 

13 Nothing in this Act affects the right of a State or 

14 political subdivision of a State to adopt or enforce any reg15 ulation, requirement, or standard of performance that is 

16 different from, or in addition to, a regulation, require17 ment, liability, or standard of performance established 

18 pursuant to this Act unless compliance with both this Act 

19 and the State or political subdivision of a State regulation, 

20 requirement, or standard of performance is impossible, in 

21 which case the applicable provision of this Act shall con22 trol. 

23 SEC. 8. DEFINITIONS. 

24 In this Act: 

25 (1) ADVERSE HEALTH EFFECT.—The term 

26 ‘‘adverse health effect’’ means a chemical or bioVerDate Mar 15 2010 05:13 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3457.IH H3457

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1 chemical change, anatomic change, or functional im2 pairment, or a known precursor to such a change or 

3 impairment, that— 

4 (A) has the potential to impair the per5 formance of an anatomic structure of a vital 

6 system of an organism or progeny of an orga7 nism; 

8 (B) causes irreversible change in the home9 ostasis of an organism; 

10 (C) increases the susceptibility of an orga11 nism or progeny of an organism to other chem12 ical or biological stressors or reduces the ability 

13 of an organism or progeny of an organism to 

14 respond to additional health or environmental 

15 challenges; or 

16 (D) affects, alters, or harms the environ17 ment such that the health of humans or other 

18 organisms is directly or indirectly threatened. 

19 (2) AIR CARE PRODUCT.—The term ‘‘air care 

20 product’’ means a chemically formulated consumer 

21 product designed to clean and freshen air or to de22 odorize and neutralize unwanted odors in the indoor 

23 air, including solid gels, air freshener spray, an out24 let or battery operated air freshener, a hanging car 

25 air freshener, and a potpourri product. 


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1 (3) AUTOMOTIVE PRODUCT.—The term ‘‘auto2 motive product’’ means a chemically formulated con3 sumer product designed to maintain the appearance 

4 of a motor vehicle, but does not include automotive 

5 paint or a paint repair product. 

6 (4) CLEANING PRODUCT.—The term ‘‘cleaning 

7 product’’ means any product used primarily for com8 mercial, domestic, or institutional cleaning purposes, 

9 including an air care product, automotive product, 

10 disinfectant (except as provided in subparagraph 

11 (B)), and polish or floor maintenance product. Such 

12 term shall not include— 

13 (A) any drug or cosmetics, including a per14 sonal care items such as toothpaste, shampoo, 

15 and hand soap; or 

16 (B) a product labeled, advertised, mar17 keted, and distributed for use only as a pes18 ticide, as defined by section 2(u) of the Federal 

19 Insecticide, Fungicide and Rodenticide Act (7 

20 U.S.C. 136(u)), including a disinfectant in21 tended for use solely on critical or semi-critical 

22 devices as described by such section. 

23 (5) COMMISSION.—The term ‘‘Commission’’ 

24 means the Consumer Product Safety Commission. 


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1 (6) INGREDIENT.—The term ‘‘ingredient’’ 

2 means a chemical in a cleaning product, including— 

3 (A) a chemical that provides a technical or 

4 functional effect; 

5 (B) a chemical that has no technical or 

6 functional effect but is present by reason of 

7 having been incorporated into the cleaning 

8 product as an ingredient of another chemical; 

9 (C) a processing aid that is present by rea10 son of having been added to a cleaning product 

11 during the processing of such cleaning product; 

12 (D) any substance that is present by rea13 son of having been added to a cleaning product 

14 during processing for its technical or functional 

15 effect; 

16 (E) any contaminant that may leach from 

17 container materials or form via reactions over 

18 the shelf life of a cleaning product and that 

19 may be present at levels where detection is 

20 technologically feasible; 

21 (F) with respect to a fragrance or preserv22 ative, each individual component part of the 

23 fragrance or preservative by its individual 

24 name; and 


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1 (G) any individual component of a petro2 leum-derived, animal-derived, or other ingre3 dient that the Commission determines be con4 sidered an ingredient. 

5 (7) POLISH OR FLOOR MAINTENANCE PROD6 UCT.—The term ‘‘polish or floor maintenance prod7 uct’’ means a chemically formulated consumer prod8 uct designed to polish, protect, or maintain fur9 niture, floors, metal, leather, or other surfaces, in10 cluding polish, wax, and restorer. 

Æ 


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