2023 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.
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.
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.
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.