NY Env Conserv L § 35-0105 (2021)
2021 New York Laws ENV - Environmental Conservation Article 35 - Detergents and Other Household Cleansing Products 35-0105 - Distribution and Sale of Household Cleansing Products; Possession or Use of Household Cleansing Products Containing Phosphorus by Commercial Establish

§ 35-0105. Distribution   and  sale  of  household  cleansing  products;              possession  or  use   of   household   cleansing   products              containing    phosphorus   by   commercial   establishments              restricted.   1. No person shall distribute, sell, offer or expose for sale in  this state  any  household  cleansing product unless its wrapper or container shall  be  plainly  labeled  as  provided  in  this   subdivision.   The commissioner  may  by  rule  or  regulation  exempt  products shipped or distributed in bulk from provisions of this subdivision. The wrapper  or container  of  every household cleansing product must list the weight of each ingredient which the commissioner determines may  affect  adversely human   health   or  the  environment,  including  but  not  limited  to phosphorus. Such listing shall be by percentage of total weight of  such product  and  by  grams  per  recommended  use,  in  descending order of predominance. Labeling of ingredients shall be in  accordance  with  the nomenclature   established   by  regulation  of  the  commissioner.  The percentage by weight in the  container  and  the  weight  in  grams  per recommended  use level of each ingredient shall be expressed to at least two significant figures or as specified by the commissioner. Analyses to determine actual composition shall be performed in accordance with rules and regulations of the commissioner.   2. a. (1)  No  household  cleansing  product,  except  those  used  in dishwashers,   food   and   beverage  processing  equipment,  and  dairy equipment, shall be distributed, sold, offered or exposed  for  sale  in this  state  which  contains a phosphorus compound other than such trace concentrations as may be authorized by the commissioner by regulation.  (2) No household  cleansing  product  used  in  dishwashers  shall  be distributed,  sold,  offered  or  exposed  for  sale in this state which contains a phosphorus compound  in  excess  of  five-tenths  percent  by weight expressed as phosphorus.  (3)   No  household  cleansing  product  used  in  food  and  beverage processing equipment and dairy equipment  shall  be  distributed,  sold, offered  or  exposed  for sale in this state which contains a phosphorus compound in excess of eight and seven-tenths percent by weight expressed as phosphorus.   b.  No  owner,  occupant,  or  person  in  control  of  a   commercial establishment  shall possess or use or authorize any other person by way of service contract or other arrangement to possess or use in this state any household cleansing product which contains a phosphorus compound  in excess  of the amount allowed for such product under paragraph a of this subdivision.   3. No person shall distribute, sell, offer or expose for sale in  this state  any  household  cleansing  product  which  does  not  comply with regulations of the commissioner promulgated pursuant to subdivision 3 of section 35-0107.   * 4. No  household  cleansing  product  shall  be  distributed,  sold, offered  or  exposed  for  sale in this state which contains 1,4-dioxane other than such trace concentrations; such  trace  concentrations  shall not  exceed two parts per million by December thirty-first, two thousand twenty-two; and further, shall  not  exceed  one  part  per  million  by December thirty-first, two thousand twenty-three.   * NB Effective January 1, 2022   * 5.  No later then May first, two thousand twenty-five, and every two years thereafter, the department, in consultation with the department of health, shall review such trace concentration thresholds  and  determine whether  such  concentrations  shall  be lowered to better protect human health and the environment.   * NB Effective January 1, 2022    * 6. A  manufacturer  of  a  household  cleansing  product,  otherwise subject  to  the  requirements  of subdivision four of this section, may apply to the department for a one-year waiver from such requirements for a specific  household  cleansing  product,  upon  such  proof  that  the manufacturer  has  taken  steps to reduce the presence of 1,4-dioxane in that  product  and  is  unable  to  comply  with  the  requirements   of subdivision  four  of this section. Thereafter, a manufacturer may apply for one additional one-year waiver  for  such  product,  upon  such  the satisfaction of such similar proof.   * NB Effective January 1, 2022   * 7.  The  department  is  authorized  to  promulgate  such  rules and regulations as it shall deem necessary to implement  the  provisions  of this  section,  including  rules  and  regulations  with  respect to any allowable trace concentrations.   * NB Effective January 1, 2022