I 

114TH CONGRESS 

2D SESSION H. R. 5205 

To require ingredient labeling of certain consumer cleaning products, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2016 

Mr. ISRAEL 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 2016’’. 

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, and the manufacturer of the product shall include 

3 on the website of the manufacturer (if the manufacturer 

4 maintains a website), a complete and accurate list of all 

5 the product’s ingredients, including the individual ingredi6 ents in dyes, fragrances, and preservatives. Ingredients 

7 shall be listed in accordance with the following: 

8 (1) Ingredients shall be listed in descending 

9 order of predominance in the product by weight, 

10 other than ingredients that constitute less than 1 

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

12 end in any order. 

13 (2) The list of ingredients on the website of the 

14 product shall— 

15 (A) include the CAS Registry Number of 

16 each ingredient; 

17 (B) include an explanation of each ingredi18 ent’s purpose for being in the cleaning product; 

19 and 

20 (C) be available in English, Spanish, and 

21 any other language the Commission determines 

22 necessary to ensure that users of the product in 

23 the United States are informed as to the com24 plete list of the product’s ingredients and their 

25 function. 


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1 (b) TREATMENT UNDER THE FHSA.—A cleaning 

2 product that is not in conformity with the labeling require3 ments of subsection (a), including a product the manufac4 turer of which is not in compliance with the website listing 

5 requirement with respect to such product, shall be treated 

6 as a substance defined in section 2(p) of the Federal Haz7 ardous Substances Act (15 U.S.C. 1261(p)) for purposes 

8 of such Act. 

9 (c) NO EFFECT ON EXISTING LABELING REQUIRE10 MENTS.—Nothing in this Act shall be interpreted as hav11 ing any effect on any labeling requirements in effect before 

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

13 2(p) of the Federal Hazardous Substances Act (15 U.S.C. 

14 1261(p)) or the Hazard Communication Standard of the 

15 Occupational Safety and Health Administration. 

16 (d) RULEMAKING AUTHORITY.—Not later than 1 

17 year after the date of the enactment of this Act, in con18 sultation with the Administrator of the Environmental 

19 Protection Agency as necessary, the Commission shall 

20 issue regulations— 

21 (1) to ensure a standardized method of listing 

22 ingredients in an accessible, uniform, and legible 

23 manner on both the label and website of a product 

24 as required by subsection (a); and 


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1 (2) to provide for the effective enforcement of 

2 this Act. 

3 SEC. 3. PUBLIC RIGHT TO KNOW PETITION. 

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

5 the Commission alleging that a cleaning product available 

6 in interstate commerce does not satisfy the labeling re7 quirements of this Act, including a product the manufac8 turer of which is not in compliance with the requirement 

9 to list the product’s ingredients on its website. 

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

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

12 30 days after receipt of such petition. The Commission 

13 shall investigate the claims made by the petition and make 

14 a determination as to the validity of such claims within 

15 180 days after acknowledging the receipt of such petition. 

16 If the Commission sustains the claim or claims made by 

17 the petition, the Commission shall initiate the proper en18 forcement actions required by law. 

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

20 regulations as it determines necessary to require that peti21 tions include a reasonable evidentiary basis for the claims 

22 made therein. 

23 SEC. 4. PREEMPTION. 

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

25 political subdivision of a State to adopt or enforce any regVerDate Sep 11 2014 03:39 May 14, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5205.IH H5205

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1 ulation, requirement, or standard of performance that is 

2 different from, or in addition to, a regulation, require3 ment, liability, or standard of performance established 

4 pursuant to this Act unless compliance with both this Act 

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

6 requirement, or standard of performance is impossible, in 

7 which case the applicable provision of this Act shall con8 trol. 

9 SEC. 5. DEFINITIONS. 

10 In this Act: 

11 (1) AIR CARE PRODUCT.—The term ‘‘air care 

12 product’’ means a chemically formulated consumer 

13 product designed to clean and freshen air or to de14 odorize and neutralize unwanted odors in the indoor 

15 air, including solid gels, air freshener spray, an out16 let or battery operated air freshener, a hanging car 

17 air freshener, and a potpourri product. 

18 (2) AUTOMOTIVE PRODUCT.—The term ‘‘auto19 motive product’’ means a chemically formulated con20 sumer product designed to maintain the appearance 

21 of a motor vehicle, but does not include automotive 

22 paint or a paint repair product. 

23 (3) CLEANING PRODUCT.—The term ‘‘cleaning 

24 product’’ means any product used primarily for com25 mercial, domestic, or institutional cleaning purposes, 


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1 including an air care product, automotive product, 

2 disinfectant (except as provided in subparagraph 

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

4 term shall not include— 

5 (A) any drug or cosmetics, including per6 sonal care items such as toothpaste, shampoo, 

7 and hand soap; or 

8 (B) a product labeled, advertised, mar9 keted, and distributed for use only as a pes10 ticide, as defined by section 2(u) of the Federal 

11 Insecticide, Fungicide, and Rodenticide Act (7 

12 U.S.C. 136(u)), including a disinfectant in13 tended for use solely on critical or semi-critical 

14 devices as described by such section. 

15 (4) COMMISSION.—The term ‘‘Commission’’ 

16 means the Consumer Product Safety Commission. 

17 (5) INGREDIENT.—The term ‘‘ingredient’’ 

18 means a chemical intentionally incorporated in a 

19 cleaning product, including— 

20 (A) a chemical intentionally added to the 

21 product that provides a technical or functional 

22 effect; 

23 (B) the intentional breakdown product of a 

24 chemical that has an effect on the cleaning 

25 product; 


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1 (C) with respect to a fragrance or preserv2 ative, each individual component part of the 

3 fragrance or preservative; and 

4 (D) any individual component of an ingre5 dient or of an incidental ingredient that the 

6 Commission determines should be considered an 

7 ingredient. 

8 (6) INCIDENTAL INGREDIENT.—The term ‘‘inci9 dental ingredient’’ means a chemical in a cleaning 

10 product, including— 

11 (A) any substance that is present by rea12 son of having been added to a cleaning product 

13 during processing for its technical or functional 

14 effect; 

15 (B) a chemical that has no technical or 

16 functional effect but is present by reason of 

17 having been incorporated into the cleaning 

18 product as a component of an ingredient of an19 other chemical; and 

20 (C) any contaminant that may form via re21 actions over the shelf life of a cleaning product 

22 and that may be present at levels where detec23 tion is technologically feasible. 

24 (7) POLISH OR FLOOR MAINTENANCE PROD25 UCT.—The term ‘‘polish or floor maintenance prodVerDate Sep 11 2014 03:39 May 14, 2016 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5205.IH H5205

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1 uct’’ means a chemically formulated consumer prod2 uct designed to polish, protect, or maintain fur3 niture, floors, metal, leather, or other surfaces, in4 cluding polish, wax, and restorer. 

Æ 


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