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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cleaning Product 
Right to Know Act of 2011’’. 
SEC. 2. CLEANING PRODUCTS LABELING REQUIREMENT. 
(a) LABELING REQUIREMENT.—Beginning 1 year 
after the date of enactment of this Act, a cleaning product 
manufactured for sale, offered for sale, distributed in com-
merce, or imported to the United States after such date 
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shall bear a label on the product’s container or packaging 
with a complete and accurate list of all the product’s in-
gredients, including the individual ingredients in dyes, fra-
grances, and preservatives. Ingredients shall be listed in 
accordance with the following: 
(1) Each ingredient shall be listed by the name 
assigned to it by the International Nomenclature of 
Cosmetic Ingredients. If there is no such name, by 
the name assigned to it by the International Union 
of Pure and Applied Chemistry. If there is no such 
name, the ingredient may be listed by its common 
chemical name. 
(2) Ingredients shall be listed in descending 
order of predominance in the product by weight, 
other than ingredients that constitute less than 1 
percent of the product, which may be listed at the 
end in any order. 
(b) EXEMPTIONS.— 
(1) EXEMPTION FOR UNDETECTABLE INGREDI-
ENTS.—The Commission may exempt from the label-
ing requirement an ingredient that is present in a 
cleaning product at such low levels that detection of 
the ingredient in the product is not technologically 
feasible. 
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(2) EXEMPTION
FOR
INGREDIENTS
CONSTI-
TUTING TRADE SECRETS.— 
(A) IN GENERAL.—An ingredient may be 
exempt from the labeling requirements of this 
section if the manufacturer demonstrates to the 
Commission that such ingredient is a trade se-
cret, as determined by the Commission under 
subparagraph (D), based on a claim submitted 
by the manufacturer under subparagraph (B). 
An exemption for an ingredient under this 
paragraph shall be for a period of 5 years, after 
which the manufacturer may again submit a 
claim for an additional 5-year exemption. 
(B) CLAIMS OF TRADE SECRECY.—A man-
ufacturer making a claim that an ingredient is 
a trade secret shall file such claim with the 
Commission. Such claim shall contain— 
(i) the identity of the person making 
the claim; 
(ii) a brief description of the informa-
tion for which trade secret protection is 
being claimed; 
(iii) the period of time for which trade 
secret protection is claimed and a justifica-
tion for the period selected; 
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(iv) the extent to which the informa-
tion is known by employees or others in-
volved with the facility or business, and 
whether or not those individuals with 
knowledge are bound by non-disclosure 
agreements; 
(v) the extent to which the informa-
tion is known outside of the facility or 
business of the person, and whether or not 
individuals with such knowledge are bound 
by non-disclosure agreements; 
(vi) the measures taken to restrict ac-
cess to and safeguard the information, and 
whether or not the person plans to con-
tinue utilizing such measures; 
(vii) copies of, or references to, any 
pertinent 
confidentiality 
determinations 
previously made by any public agencies; 
(viii) the estimated dollar value of the 
claimed information to the person’s facility 
or business, and to that person’s competi-
tors; 
(ix) the amount of effort or money ex-
pended by the person’s facility or business 
in developing the information; 
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(x) the ease or difficulty with which 
the information could be properly acquired, 
duplicated or reverse-engineered by others; 
(xi) a description of the nature and 
extent of substantial harm that would be 
caused if the information were made pub-
lic, including an explanation of the causal 
relationship between disclosure and the 
harmful effects claimed; 
(xii) the signature of the person’s gen-
eral counsel or other executive with knowl-
edge of the preparation of the substan-
tiating information certifying under pen-
alty of perjury, based upon the knowledge 
and belief of the signatory, that— 
(I) the substantiating informa-
tion is true, accurate, and complete; 
(II) the information for which 
trade secret protection is claimed is 
not otherwise publicly available; and 
(III) there is a reasonable basis 
to assert trade secret protection for 
the information so claimed; and 
(xiii) the name, mailing address, tele-
phone number and email address of the in-
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dividual to be contacted if any additional 
information is needed by the Commission 
to make a determination. 
(C) LIMITATION.—No ingredient may be 
claimed as a trade secret if such ingredient— 
(i) is publicly know to be in the prod-
uct; 
(ii) can be discovered through a 
standard process of reverse engineering; 
(iii) is a hazardous substance within 
the meaning of section 2(f) of the Federal 
Hazardous Substances Act (15 U.S.C. 
1261(f)); or 
(iv) is a substance— 
(I) meeting the criteria for cat-
egory 1 or category 2 for any of the 
toxicity endpoints established by the 
Globally Harmonized System for the 
Classification and Labeling of Haz-
ardous Substances that causes an ad-
verse effect that has been dem-
onstrated in humans or other exposed 
organisms; or 
(II) for which the weight of evi-
dence (such as demonstration of an 
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adverse effect, laboratory studies, or 
data for a chemical from the same 
chemical class that exhibits that ad-
verse effect) demonstrates the poten-
tial for an adverse effect in humans or 
other exposed organisms, including ac-
tual or potential effects of exposure to 
the chemical substance or mixture on 
mortality, morbidity, including car-
cinogenesis, reproduction, growth and 
development, the immune system, the 
endocrine system, the brain or nerv-
ous system, other organ systems, or 
any other biological functions in hu-
mans or nonhuman organisms. 
(D) CPSC DETERMINATION.—As promptly 
as practicable after receiving the information 
submitted by a manufacturer, the Commission 
shall make a determination on the basis of such 
information as to whether the ingredient is a le-
gitimate trade secret and shall notify the manu-
facturer of its determination. 
(c) TREATMENT UNDER THE FHSA.—A cleaning 
product that is not in conformity with the labeling require-
ments of subsection (a) and not exempt from such require-
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ments pursuant to subsection (b) shall be treated as a sub-
stance defined in section 2(p) of the Federal Hazardous 
Substances Act (15 U.S.C. 1261(p)) for purposes of such 
Act. 
(d) NO EFFECT ON EXISTING LABELING REQUIRE-
MENTS.—Nothing in this Act shall be interpreted as hav-
ing any effect on any labeling requirements in effect before 
the date of enactment of this Act as described in section 
2(p) of the Federal Hazardous Substances Act (15 U.S.C. 
1261(p)). 
(e) RULEMAKING
AUTHORITY.—The Commission 
may issue such regulations it determines necessary to pro-
vide for the effective enforcement of this Act, and shall 
consult with the Administrator of the Environmental Pro-
tection Agency as necessary. 
SEC. 3. PUBLIC RIGHT TO KNOW PETITION. 
(a) PETITION.—Any person may submit a petition to 
the Commission alleging that a cleaning product available 
in interstate commerce does not satisfy the labeling re-
quirements of this Act. 
(b) ACTION BY THE COMMISSION.—The Commission 
shall notify a petitioner of the receipt of a petition within 
30 days after receipt of such petition. The Commission 
shall investigate the claims made by the petition and make 
a determination as to the validity of such claims within 
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180 days after acknowledging the receipt of such petition. 
If the Commission sustains the claim or claims made by 
the petition, the Commission shall initiate the proper en-
forcement actions required by law. 
(c) REGULATIONS.—The Commission may issue such 
regulations as it determines necessary to require that peti-
tions include a reasonable evidentiary basis for the claims 
made therein. 
SEC. 4. REQUIRED INTERNET DISCLOSURE. 
(a) MANUFACTURER DISCLOSURE.—Each manufac-
turer of a cleaning product shall make available in a clear 
and conspicuous location on the website of such manufac-
turer, if the manufacturer maintains a website, a complete 
list of each of the manufacturer’s cleaning products’ ingre-
dients not later than 6 months after the date of enactment 
of this Act. 
(b) CONTENT
AND REQUIREMENTS
OF DISCLO-
SURE.—The disclosure required by subsection (a) shall— 
(1) name and list the product’s ingredients in 
the manner prescribed in section 3; 
(2) be reviewed every 120 days and revised as 
necessary to reflect changes to cleaning products; 
(3) include the appropriate Chemical Abstract 
Services number for each ingredient; 
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