I 

118TH CONGRESS 

1ST SESSION H. R. 5978 

To amend the Fair Packaging and Labeling Act to establish a Federal 

standard relating to ingredient disclosure in cleaning products, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 18, 2023 

Mr. BUCSHON introduced the following bill 

OCTOBER 25, 2023 

Referred to the Committee on Energy and Commerce 

A BILL 

To amend the Fair Packaging and Labeling Act to establish 

a Federal standard relating to ingredient disclosure in 

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 In5 gredient Communication Act’’. 


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1 SEC. 2. CLEANING PRODUCT LABELING INFORMATION 

2 STANDARD. 

3 The Fair Packaging and Labeling Act (15 U.S.C. 

4 1451 et seq.) is amended— 

5 (1) in section 12 (15 U.S.C. 1461)— 

6 (A) by striking ‘‘now or hereafter provide’’ 

7 and inserting the following: ‘‘now or hereafter— 

8 ‘‘(1) provide’’; 

9 (B) in paragraph (1), as so designated, by 

10 striking the period at the end and inserting ‘‘; 

11 or’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(2) impose mandatory ingredient disclosure re14 quirements with respect to cleaning products if those 

15 cleaning products are subject to the requirements of 

16 section 14 of this Act or regulations promulgated 

17 pursuant thereto.’’; and 

18 (2) by adding at the end the following: 

19 ‘‘SEC. 14. FEDERAL STANDARD FOR MANDATORY INGRE20 DIENT DISCLOSURE IN CLEANING PROD21 UCTS. 

22 ‘‘(a) DEFINITIONS.—In this section: 

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

24 product’ means a chemically formulated product that 

25 is labeled to indicate that the purpose of the product 


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1 is to enhance or condition the indoor environment by 

2 eliminating unpleasant odors or freshening the air. 

3 ‘‘(2) AUTOMOTIVE PRODUCT.—The term ‘auto4 motive product’— 

5 ‘‘(A) means a chemically formulated prod6 uct that is labeled to indicate that the purpose 

7 of the product is to maintain the appearance of 

8 a motor vehicle, including a product that is 

9 used to wash, wax, polish, clean, or treat the 

10 exterior or interior surfaces of a motor vehicle; 

11 and 

12 ‘‘(B) does not include— 

13 ‘‘(i) automotive paint; or 

14 ‘‘(ii) a paint repair product. 

15 ‘‘(3) CLEANING PRODUCT.— 

16 ‘‘(A) IN GENERAL.—The term ‘cleaning 

17 product’ means a chemically formulated product 

18 that is an air care product, an automotive prod19 uct, a general cleaning product, or a polish used 

20 primarily for janitorial, domestic, or institu21 tional cleaning purposes without further proc22 essing; and 

23 ‘‘(B) does not include— 


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1 ‘‘(i) a food, drug, or cosmetic, includ2 ing any personal care item, such as tooth3 paste, shampoo, or hand soap; 

4 ‘‘(ii) an industrial product specifically 

5 manufactured for, and exclusively used 

6 in— 

7 ‘‘(I) oil and gas production; 

8 ‘‘(II) steel production; 

9 ‘‘(III) heavy industry manufac10 turing; 

11 ‘‘(IV) industrial water treatment; 

12 ‘‘(V) industrial textile mainte13 nance and processing (other than in14 dustrial laundering); 

15 ‘‘(VI) food and beverage proc16 essing and packaging; or 

17 ‘‘(VII) any other industrial man18 ufacturing processes; 

19 ‘‘(iii) a trial sample of a product de20 scribed in subparagraph (A) that— 

21 ‘‘(I) is not packaged for sale, re22 sale, or retail; and 

23 ‘‘(II) includes a statement on the 

24 package of the product indicating that 


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1 the product is not for sale or resale; 

2 or 

3 ‘‘(iv) a tool that is used as part of the 

4 cleaning process, such as a sponge, toilet 

5 brush, or microfiber cloth. 

6 ‘‘(C) RULE OF CONSTRUCTION.—For the 

7 purposes of subparagraph (A), the dilution of a 

8 product described in that subparagraph by a 

9 user of the product may not be construed to be 

10 further processing with respect to the product. 

11 ‘‘(4) COLORANT.—The term ‘colorant’ means 

12 an ingredient that is added to a cleaning product for 

13 the specific purpose of imparting color to, or altering 

14 the color of, the product. 

15 ‘‘(5) CONFIDENTIAL BUSINESS INFORMA16 TION.—The term ‘confidential business informa17 tion’— 

18 ‘‘(A) means any intentionally added ingre19 dient, or combination of ingredients, with re20 spect to which— 

21 ‘‘(i) a claim for protection against dis22 closure has been asserted under section 

23 8(b)(4)(B) or 14 of the Toxic Substances 

24 Control Act (15 U.S.C. 2607(b)(4)(B); 

25 2613) and in accordance with rules proVerDate Sep 11 2014 23:04 Nov 07, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5978.IH H5978

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1 mulgated under either such section, as ap2 plicable; 

3 ‘‘(ii) a claim for protection against 

4 disclosure has been submitted under sec5 tion 10(a) of the Federal Insecticide, Fun6 gicide, and Rodenticide Act (7 U.S.C. 

7 136h(a)) and the product that contains the 

8 ingredient, or combination of ingredients, 

9 for which that claim is submitted is reg10 istered under section 3 of that Act (7 

11 U.S.C. 136a); 

12 ‘‘(iii) a manufacturer, or a supplier of 

13 a manufacturer, has obtained relief under 

14 paragraph (3) of section 1836(b) of title 

15 18, United States Code, in a civil action 

16 brought under that section; or 

17 ‘‘(iv) a civil action brought under sec18 tion 1836(b) of title 18, United States 

19 Code, is pending in a district court of the 

20 United States; and 

21 ‘‘(B) does not include any intentionally 

22 added ingredient which— 

23 ‘‘(i) is a fragrance allergen if the fra24 grance allergen is present in a product at 


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1 a concentration that is greater than or 

2 equal to 0.01 percent; 

3 ‘‘(ii) is a substance or combination of 

4 substances included on a designated list; or 

5 ‘‘(iii) is a substance which the Com6 mission has identified by regulation issued 

7 pursuant to section 14(k) to require disclo8 sure. 

9 ‘‘(6) DESIGNATED LIST.—The term ‘designated 

10 list’ means a list of substances to be compiled by the 

11 Commission following a rulemaking undertaken in 

12 accordance with paragraph (k) of section 14 and 

13 which will be commenced following consultation with 

14 the Administrator of the Environmental Protection 

15 Agency. The Administrator shall be requested to col16 late and review and to supply recommendations con17 cerning existing lists of substances known to be haz18 ardous to consumers when present in consumer-use 

19 products. The lists to be considered and reviewed by 

20 the Administrator should be those already compiled 

21 or maintained by the EPA, the Consumer Product 

22 Safety Commission, the Food and Drug Administra23 tion and other Federal agencies deemed by the Ad24 ministrator to have relevant expertise. 


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1 ‘‘(7) ELECTRONICALLY READABLE FORMAT.— 

2 The term ‘electronically readable format’ means, 

3 with respect to a format for providing required in4 formation on a readily accessible company website, 

5 that the format— 

6 ‘‘(A) is machine-readable by automated 

7 systems, including— 

8 ‘‘(i) web browsers; 

9 ‘‘(ii) accessibility software to aid the 

10 disabled; 

11 ‘‘(iii) automated scripts; and 

12 ‘‘(iv) other software programs or ap13 plications; 

14 ‘‘(B) is not restricted from access by— 

15 ‘‘(i) a search engine; or 

16 ‘‘(ii) a requirement for— 

17 ‘‘(I) registration; 

18 ‘‘(II) the provision of personally 

19 identifiable information; or 

20 ‘‘(III) the use of CAPTCHA or 

21 similar challenge response test tech22 nologies, without regard to whether 

23 the challenge is— 

24 ‘‘(aa) visual; 

25 ‘‘(bb) auditory; or 


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1 ‘‘(cc) otherwise; and 

2 ‘‘(C) conforms to the most current version 

3 of the Web Content Accessibility Guidelines 

4 adopted by the Accessibility Guidelines Working 

5 Group of the World Wide Web Consortium, in6 cluding any amendments to those Guidelines 

7 that are made after the date of enactment of 

8 this section. 

9 ‘‘(8) FRAGRANCE.—The term ‘fragrance’ means 

10 any intentionally added substance, or any complex 

11 mixture of aroma chemicals, natural essential oils, 

12 and any other functional ingredient, the sole purpose 

13 of which is— 

14 ‘‘(A) to impart an odor or scent; or 

15 ‘‘(B) to counteract an odor. 

16 ‘‘(9) FRAGRANCE ALLERGEN.—The term ‘fra17 grance allergen’ means a fragrance allergen included 

18 on Annex III of the EU Cosmetics Regulation No. 

19 1223/2009 as required to be labeled by the EU De20 tergents Regulation No. 648/2004 on January 1, 

21 2018 or subsequent updates to those regulations. 

22 ‘‘(10) GENERAL CLEANING PRODUCT.—The 

23 term ‘general cleaning product’ means a soap, deter24 gent, or other chemically formulated product that is 


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1 labeled to indicate that the purpose of the product 

2 is to clean, disinfect, or otherwise care for— 

3 ‘‘(A) fabric, dishes, or other wares; and 

4 ‘‘(B) surfaces including— 

5 ‘‘(i) floors, furniture, countertops, 

6 showers, and baths; and 

7 ‘‘(ii) other hard surfaces, such as 

8 stovetops, microwaves, and other appli9 ances. 

10 ‘‘(11) INTENTIONALLY ADDED INGREDIENT.— 

11 The term ‘intentionally added ingredient’— 

12 ‘‘(A) means a chemical that— 

13 ‘‘(i) a manufacturer has intentionally 

14 added to a cleaning product; and 

15 ‘‘(ii) has a functional or technical ef16 fect in the product; and 

17 ‘‘(B) includes— 

18 ‘‘(i) the components of an ingredient 

19 that is a fragrance or a colorant; and 

20 ‘‘(ii) an intentional breakdown prod21 uct of an added chemical that also has a 

22 functional or technical effect in the prod23 uct. 

24 ‘‘(12) INVENTORY.—The term ‘Inventory’ has 

25 the meaning given the term in section 720.3 of title 


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1 40, Code of Federal Regulations, or any successor 

2 regulation. 

3 ‘‘(13) MANUFACTURER.—The term ‘manufac4 turer’ means a person or entity— 

5 ‘‘(A)(i) that manufactures a cleaning prod6 uct; and 

7 ‘‘(ii) the name of which appears on 

8 the product label with respect to the clean9 ing product; or 

10 ‘‘(B) for which a cleaning product is man11 ufactured, or by which a cleaning product is 

12 distributed, as identified on the product label 

13 with respect to the cleaning product under the 

14 requirements of this Act. 

15 ‘‘(14) PESTICIDE.—The term ‘pesticide’ has the 

16 meaning given the term in section 2(u) of the Fed17 eral Insecticide, Fungicide, and Rodenticide Act (7 

18 U.S.C. 136(u)). 

19 ‘‘(15) POLISH.—The term ‘polish’ means a 

20 chemically formulated product, such as polish, wax, 

21 or a restorer, that is labeled to indicate that the pur22 pose of the product is to polish, protect, buff, condi23 tion, temporarily seal, or maintain furniture, floors, 

24 metal, leather, or other surfaces. 


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1 ‘‘(16) PRODUCT LABEL.—The term ‘product 

2 label’ is any written, printed, or graphic matter af3 fixed to a product that is subject to this section 14 

4 or its immediate container or wrapper. 

5 ‘‘(17) SAFETY DATA SHEET.—The term ‘safety 

6 data sheet’ has the meaning given the term in sec7 tion 1910.1200 of title 29, Code of Federal Regula8 tions, or any successor regulation. 

9 ‘‘(b) MANDATED INGREDIENT DISCLOSURE.— 

10 ‘‘(1) IN GENERAL.— 

11 ‘‘(A) REQUIREMENT.—Except as provided 

12 in subparagraph (B), a manufacturer of a 

13 cleaning product shall disclose on the product 

14 label of the cleaning product— 

15 ‘‘(i) a list of each intentionally added 

16 ingredient that is present in the cleaning 

17 product, unless the ingredient is confiden18 tial business information, in which case the 

19 manufacturer shall provide the information 

20 required under subsection (c); 

21 ‘‘(ii) the manufacturer’s toll-free tele22 phone number and Internet website ad23 dress; 

24 ‘‘(iii) if the cleaning product contains 

25 any fragrance allergen— 


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1 ‘‘(I) a list of each fragrance aller2 gen that is present in the cleaning 

3 product at a concentration that is 

4 equal to or greater than 0.01 percent; 

5 or 

6 ‘‘(II) when a fragrance allergen 

7 is present at or greater than 0.01 per8 cent, a statement that reads ‘Contains 

9 fragrance allergen(s)’; 

10 ‘‘(iv) if the manufacturer omits an in11 tentionally added ingredient under clause 

12 (i), or includes a statement described in 

13 clause (iii)(II), a statement that reads ‘For 

14 more ingredient information visit’ followed 

15 by the information required under clause 

16 (v); and 

17 ‘‘(v) the toll-free telephone number 

18 and the publicly available website address 

19 through which an individual can obtain the 

20 information required under subsection(c). 

21 ‘‘(B) EXCEPTION.— 

22 ‘‘(i) Notwithstanding subparagraph 

23 (A), fragrance ingredients or colorants may 

24 be listed on the product label as ‘fra25 grances’ or ‘colorants’, respectively. 


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1 ‘‘(ii) The requirement under subpara2 graph (A) shall not apply with respect to 

3 a product that is a pesticide. 

4 ‘‘(2) DISCLOSURE SEQUENCE.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (B), for the purposes of the re7 quirements under paragraph (1)(A) and sub8 section (c) with respect to a cleaning product, 

9 the manufacturer of the cleaning product shall 

10 list any intentionally added ingredient that is 

11 present in the cleaning product in descending 

12 order of predominance by weight in the prod13 uct. 

14 ‘‘(B) EXCEPTION.—With respect to any in15 gredient that is present in a cleaning product at 

16 a concentration that is less than 1 percent, for 

17 the purposes of the requirements under para18 graph (1)(A) and subsection (c) with respect to 

19 the cleaning product, the manufacturer with re20 spect to the product may list that ingredient— 

21 ‘‘(i) after listing all of the ingredients 

22 that are present in the cleaning product at 

23 a concentration that is greater than or 

24 equal to 1 percent; and 


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1 ‘‘(ii) among the ingredients that are 

2 present in the cleaning product at a con3 centration that is less than 1 percent, 

4 without regard to the order of predomi5 nance by weight. 

6 ‘‘(3) FRAGRANCE CONCENTRATION DETERMINA7 TION.—For purposes of the requirements under 

8 paragraph (1)(A) and subsection (c) with respect to 

9 a cleaning product, the manufacturer of the cleaning 

10 product shall determine the total concentration of 

11 each fragrance allergen that is present in the clean12 ing product by adding the contributions of the fra13 grance allergen in each ingredient in the product, in14 cluding the presence of the fragrance allergen in any 

15 fragrance or essential oil that is present in the prod16 uct. 

17 ‘‘(4) NOMENCLATURE SYSTEMS.— 

18 ‘‘(A) IN GENERAL.—An intentionally 

19 added ingredient or fragrance ingredient that a 

20 manufacturer is required to list under this sub21 section and post under subsection (c), except 

22 for an ingredient for which the use of a generic 

23 name is permitted under subsection (d), shall, 

24 subject to subparagraph (B), be listed or posted 

25 using the following nomenclature systems: 


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1 ‘‘(i) Household and Commercial Prod2 ucts Association Consumer Products Ingre3 dients Dictionary. 

4 ‘‘(ii) International Nomenclature of 

5 Cosmetic Ingredients. 

6 ‘‘(iii) International Union of Pure and 

7 Applied Chemistry nomenclature. 

8 ‘‘(iv) Chemical Abstracts Index name. 

9 ‘‘(v) Common Chemical name. 

10 ‘‘(B) CLARIFICATION.—For the purposes 

11 of subparagraph (A), a manufacturer shall— 

12 ‘‘(i) if a name is available in a system 

13 described in clause (i) or clause (ii) of that 

14 subparagraph, use the name from either 

15 such system; and 

16 ‘‘(ii) if a name is not available in ei17 ther system described in clause (i) or (ii) 

18 of that subparagraph, select a name from 

19 the first available system listed in clause 

20 (iii), (iv), or (v) of that subparagraph. 

21 ‘‘(c) POSTING ON MANUFACTURER WEBSITE.— 

22 ‘‘(1) IN GENERAL.— 

23 ‘‘(A) REQUIRED INFORMATION.—The man24 ufacturer of a cleaning product shall post on a 

25 publicly available website of the manufacturer, 


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1 in an electronically readable format and with 

2 respect to the cleaning product— 

3 ‘‘(i) the information required under 

4 clauses (i), (ii), and (iii) of subsection 

5 (b)(1)(A) with respect to the cleaning 

6 product; 

7 ‘‘(ii) a list of all fragrance ingredients 

8 present at a concentration at or above 

9 0.01, unless it is confidential business in10 formation; 

11 ‘‘(iii) the functional purpose served by 

12 each intentionally added ingredient that is 

13 listed under subsection (b)(1)(A)(i); and 

14 ‘‘(iv) a link to the safety data sheet 

15 for the product. 

16 ‘‘(B) LANGUAGES.—The information post17 ed under subparagraph (A)— 

18 ‘‘(i) shall be posted in English; and 

19 ‘‘(ii) may be posted in any of the 

20 other 10 most commonly spoken languages 

21 in the United States. 

22 ‘‘(2) WEBSITE EASE OF ACCESS.—With respect 

23 to any information that the manufacturer of a clean24 ing product is required to post with respect to the 


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1 cleaning product under paragraph (1), the manufac2 turer shall post the information not more than— 

3 ‘‘(A) 5 clicks away from the website ad4 dress that is printed on the product label under 

5 subsection (b)(1)(A)(v); and 

6 ‘‘(B) 4 clicks away from a website that is 

7 specific to— 

8 ‘‘(i) the product; or 

9 ‘‘(ii) the class of products to which 

10 the product belongs. 

11 ‘‘(3) FRAGRANCE INGREDIENTS AND

12 COLORANTS.—With respect to the requirement 

13 under paragraph (b)(1)(A) and (c)(1)(A)(ii), for an 

14 intentionally added ingredient that is a fragrance in15 gredient or a colorant, a manufacturer may list the 

16 functional purpose of that intentionally added ingre17 dient as ‘fragrance ingredient’ or ‘colorant’, as appli18 cable. 

19 ‘‘(4) CAS NUMBER.— 

20 ‘‘(A) IN GENERAL.—With respect to each 

21 intentionally added ingredient described in sub22 section (b)(1)(A)(i) that a manufacturer is re23 quired to post under paragraph (1)(A)(i), the 

24 manufacturer shall, subject to subparagraph 


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1 (B), include the Chemical Abstracts Service 

2 number with respect to that ingredient. 

3 ‘‘(B) UNAVAILABILITY.—For the purposes 

4 of subparagraph (A), if a Chemical Abstracts 

5 Service number with respect to an intentionally 

6 added ingredient is not available, or if the in7 tentionally added ingredient is confidential busi8 ness information, a manufacturer shall, when 

9 posting the information required under para10 graph (1)(A)(i), use the phrase ‘not available’ 

11 or ‘withheld’, respectively, with respect to the 

12 ingredient. 

13 ‘‘(5) SAFETY DATA SHEETS.—A manufacturer 

14 that is required under this subsection to disclose in15 formation with respect to a cleaning product may 

16 make that disclosure in a safety data sheet with re17 spect to that product if— 

18 ‘‘(A) the manufacturer posts the safety 

19 data sheet on a publicly available website of the 

20 manufacturer; and 

21 ‘‘(B) the safety data sheet meets the re22 quirements of this subsection, including that 

23 the safety data sheet is in an electronically 

24 readable format. 


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1 ‘‘(d) PROTECTION OF CONFIDENTIAL BUSINESS IN2 FORMATION.— 

3 ‘‘(1) IN GENERAL.—Subject to the require4 ments of this subsection, a manufacturer of a clean5 ing product may choose not to disclose under sub6 section (b)(1)(A)(i) any intentionally added ingre7 dient, including any colorant or fragrance ingredient, 

8 or combination of intentionally added ingredients, 

9 that is confidential business information. 

10 ‘‘(2) INFORMATION REQUIRED.— 

11 ‘‘(A) IN GENERAL.—With respect to a 

12 manufacturer that withholds disclosure of an 

13 intentionally added ingredient as confidential 

14 business information under paragraph (1), the 

15 manufacturer shall, for the purposes of sub16 section (b)(1)(A)(i), and subject to subpara17 graph (B) and paragraph (3), use the generic 

18 chemical name by which the intentionally added 

19 ingredient, or combination of intentionally 

20 added ingredients, as applicable, is listed in the 

21 Inventory. 

22 ‘‘(B) NOT LISTED IN CONFIDENTIAL IN23 VENTORY.—For the purposes of subparagraph 

24 (A), if a manufacturer has obtained relief under 

25 paragraph (3) of section 1836(b) of title 18, 


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1 United States Code, in a civil action brought 

2 under that section with respect to an inten3 tionally added ingredient, including an ingre4 dient that is a fragrance, or a combination of 

5 intentionally added ingredients, the manufac6 turer shall— 

7 ‘‘(i) maintain justification for pro8 tecting confidential business information 

9 consistent with the requirements of such 

10 section 1836(b); and 

11 ‘‘(ii) if the ingredient, or combination 

12 of ingredients, as applicable, is not in13 cluded in the confidential portion of the In14 ventory— 

15 ‘‘(I) use a name for the inten16 tionally added ingredient, or combina17 tion of intentionally added ingredi18 ents, as applicable, that is only as ge19 neric as necessary to protect the con20 fidential identity of the intentionally 

21 added ingredient or combination of in22 gredients; and 

23 ‘‘(II) in developing a generic 

24 name under subclause (I), use the ge25 neric name framework provided by— 


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1 ‘‘(aa) guidance of the Envi2 ronmental Protection Agency re3 lating to the confidential portion 

4 of the Inventory; 

5 ‘‘(bb) the European Chemi6 cals Agency guidance for alter7 native chemical names; 

8 ‘‘(cc) the New Jersey Trade 

9 Secret Registry Number system; 

10 or 

11 ‘‘(dd) the Canadian Haz12 ardous Materials Information Re13 view Act Registry Number sys14 tem. 

15 ‘‘(3) REQUIREMENTS OF SUPPLIERS.—With re16 spect to any supplier of a manufacturer that, under 

17 paragraph (1), chooses not to disclose an inten18 tionally added ingredient, including a fragrance in19 gredient, or a combination of intentionally added in20 gredients, as confidential business information— 

21 ‘‘(A) the supplier shall comply with the re22 quirements under paragraph (2); and 

23 ‘‘(B) the manufacturer shall use the ge24 neric name developed by the supplier under 

25 subparagraph (A). 


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1 ‘‘(e) PRE-EXISTING PRODUCTS.— 

2 ‘‘(1) IN GENERAL.—A cleaning product that is 

3 manufactured before the effective date of this sec4 tion, and that would otherwise be subject to the re5 quirements of this section, shall be considered to be 

6 in compliance with the requirements of this section 

7 if the product displays— 

8 ‘‘(A) the day, month, and year in which 

9 the product is manufactured; or 

10 ‘‘(B) a code that contains the day, month, 

11 and year in which the product is manufactured 

12 if the manufacturer with respect to the product 

13 posts a statement on the website of the manu14 facturer— 

15 ‘‘(i) that provides a toll-free telephone 

16 number through which a consumer may 

17 obtain information with respect to the date 

18 on which the product was manufactured; 

19 or 

20 ‘‘(ii) regarding how a consumer may 

21 determine the date on which the product 

22 was manufactured based on that code. 

23 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

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1 tive date of this section with labeling that complies 

2 with the requirements of this section. 

3 ‘‘(f) ENFORCEMENT.—For the purposes of the en4 forcement of this section under section 7(b), a cleaning 

5 product shall be considered to be in compliance with the 

6 requirements of this section when a cleaning product is 

7 in compliance with the requirements of chapter 13 of part 

8 3 of division 104 of the California Health and Safety Code 

9 (Cal. Health & Safety Code section 108950 et seq.); com10 monly known as ‘the Cleaning Product Right to Know Act 

11 of 2017’). 

12 ‘‘(g) RELATIONSHIP TO OTHER LAWS.—Nothing in 

13 this section may be construed to repeal, invalidate, amend, 

14 or supersede— 

15 ‘‘(1) the Federal Trade Commission Act (15 

16 U.S.C. 41 et seq.) or any regulations promulgated 

17 under that Act; 

18 ‘‘(2) the Federal Food, Drug, and Cosmetic Act 

19 (21 U.S.C. 301 et seq.) or any regulations promul20 gated under that Act; 

21 ‘‘(3) the Federal Hazardous Substances Act (15 

22 U.S.C. 1261 et seq.) or any regulations promulgated 

23 under that Act; 

24 ‘‘(4) the Federal Insecticide, Fungicide, and 

25 Rodenticide Act (7 U.S.C. 136 et seq.); 


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1 ‘‘(5) the Defend Trade Secrets Act of 2016 

2 (Public Law 114–153; 130 Stat. 376), the amend3 ments made by that Act, or any regulations promul4 gated under— 

5 ‘‘(A) that Act; or 

6 ‘‘(B) the amendments made by that Act; 

7 ‘‘(6) the Occupational Safety and Health Act of 

8 1970 (29 U.S.C. 651 et seq.) or any regulations pro9 mulgated under that Act; or 

10 ‘‘(7) the Toxic Substances Control Act (15 

11 U.S.C. 2601 et seq.) or any regulations promulgated 

12 under that Act. 

13 ‘‘(h) FEDERAL PREEMPTION.—Notwithstanding sec14 tion 12(2), nothing in this section, or any regulation, rule, 

15 or requirement promulgated under this section, may be 

16 construed to preempt or otherwise affect any remedy es17 tablished under State or Federal common law with respect 

18 to the mandatory disclosure of cleaning product ingredi19 ents. 

20 ‘‘(i) COMPLIANCE WITH FEDERAL HAZARD COMMU21 NICATIONS STANDARD.—An employer that is required to 

22 maintain safety data sheets, and to ensure that those safe23 ty data sheets are readily accessible, under section 

24 1910.1200 of title 29, Code of Federal Regulations, or any 

25 successor regulation, shall, in the same manner and to the 


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1 same persons as required under that section, make readily 

2 available the information required under subsection (c). 

3 ‘‘(j) RULES OF CONSTRUCTION.—Nothing in this sec4 tion may be construed to— 

5 ‘‘(1) require a manufacturer with respect to a 

6 cleaning product to— 

7 ‘‘(A) disclose— 

8 ‘‘(i) the weight or amount of an inten9 tionally added ingredient, including any 

10 colorant or fragrance ingredient, in the 

11 cleaning product; or 

12 ‘‘(ii) how the product is manufac13 tured; or 

14 ‘‘(B) list in any particular order an inten15 tionally added ingredient if the ingredient is 

16 present in the product at a concentration that 

17 is less than 1 percent; or 

18 ‘‘(2) preclude the manufacturer with respect to 

19 a cleaning product from including or delivering sup20 plemental or clarifying information on a product 

21 label or website with respect to the product, its in22 gredients, and the functional purpose of any ingre23 dient, including through the use of technologies, 

24 such as electronic or digital links, if that information 

25 is— 


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•HR 5978 IH

1 ‘‘(A) consistent with, and does not con2 tradict, information that is required under this 

3 Act; and 

4 ‘‘(B) in compliance with section 5 of the 

5 Federal Trade Commission Act (15 U.S.C. 45). 

6 ‘‘(k) AUTHORITY TO ISSUE REGULATIONS.—The 

7 Commission may, for purposes of carrying out section 2 

8 of this Act, promulgate regulations. 

9 ‘‘(1) Such regulations may include— 

10 ‘‘(A) a rule to define the term ‘designated 

11 list’ for purposes of subparagraph (a)(7) of sec12 tion 14; and 

13 ‘‘(B) rulemakings to identify additional in14 gredients that must be disclosed in accordance 

15 with paragraphs (b) and (c) of section 14 when 

16 such substance may be unintentionally present 

17 as an impurity or manufacturing byproduct in 

18 a cleaning product. 

19 ‘‘(2) Prior to developing regulations for pur20 poses of paragraph (k) above, or when considering 

21 amending such regulation, the Commission will re22 quest recommendations from the Administrator of 

23 the Environmental Protection Agency concerning 

24 which ingredients, or lists of substances, if inten25 tionally added, or unintentionally, present in a cleanVerDate Sep 11 2014 23:04 Nov 07, 2023 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H5978.IH H5978

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•HR 5978 IH

1 ing product would be likely to be present a risk to 

2 human health on the basis of multiple publicly-avail3 able peer-reviewed studies which demonstrate the 

4 substance causes adverse effects in tests that are 

5 commonly used in laboratory studies. 

6 ‘‘(A) Such consultations will become part 

7 of the rulemaking record; 

8 ‘‘(B) There will be an opportunity for pub9 lic comment on EPA’s recommendations. 

10 ‘‘(l) EFFECTIVE DATE.—This section shall take ef11 fect on January 1, 2026.’’. 

Æ 


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