California recently passed a law requiring manufacturers of various cleaning products to comply with the strictest chemical disclosure regulations in the United States to date by January 1, 2021, while online disclosure must be implemented by January 1, 2020. Experts believe that if the new law is not rejected by a California referendum or successfully challenged in court, it will become the de facto national standard. This is because manufacturers may find it more practical and cost-effective to create labels that comply with California standards and then use them on cleaning products marketed nationwide. California's Right to Know Cleaning Products Act (SB 258), passed on October 15, requires manufacturers of designated cleaning products sold in the state to disclose information about the chemicals contained in their products on product labels and on their product websites. "Designated products" refer to cleaning products primarily used in commercial, household, or institutional settings, including air fresheners, automotive products, general cleaning products, and polishing or floor waxing products. Products not included in this definition are: (1) food, medicine and cosmetics, including personal care products such as toothpaste, shampoo and hand soap; (2) industrial products specifically manufactured and used in oil and gas production, steel production, heavy industrial manufacturing, industrial water treatment, maintenance and processing of industrial textiles other than industrial washing, food and beverage processing and packaging, and other industrial production processes; (3) designated product trial samples without packaging for individual sale, resale or retail, with a written statement indicating that the product may not be sold or resold. From January 1, 2021, cleaning products must disclose the following information on the label according to one of the following two schemes. Scheme A: A list of all intentionally added ingredients in the product, which are already on the designated list. The list of allergenic fragrances listed in Annex III of EU Cosmetics Regulation 1223/2009, which, according to EU Cleaning Agents Regulation 648/2004, must be stated on the label if the content of these substances in the product is 0.01% (100 ppm) or more. Manufacturers must aggregate the levels of allergenic fragrances contained in all fragrance ingredients and other ingredients, including those present in essential oils, to determine the levels of various allergenic fragrances in the designated product. Intentionally added ingredients that are known to be carcinogenic or reproductively toxic in California and are listed under the Safe Drinking Water and Toxic Enforcement Act of 1986 do not need to be listed on the designated product label until January 1, 2023. Option B: List of all intentionally added ingredients in the designated product, excluding trade secrets. If a product contains 0.01% (100 ppm) or more of an allergenic fragrance listed in Annex III of EU Regulation 1223/2009 (Cosmetics), and is required to be labeled under EU Regulation 648/2004 (Cleansing Agents) or subsequent updates thereof, then the product label must state "Contains allergenic fragrance." Manufacturers must aggregate the levels of allergenic fragrances contained in all fragrance ingredients and other ingredients, including those present in essential oils, to determine the levels of various allergenic fragrances in the designated product. Fragrance ingredients or colorants can be listed as "fragrance" or "colorant" respectively on product labels. Intentionally added ingredients that are known to be carcinogenic or reproductively toxic in California and are listed under the designated list according to the Safe Drinking Water and Toxic Enforcement Act of 1986 do not need to be listed on designated product labels until January 1, 2023. Manufacturers of designated cleaning products must also include a toll-free phone number and website on the product label. If the label does not have a complete list of intentionally added ingredients, it must include phrases such as "For more ingredient information, please visit [website address]" and provide the URL for the required information. In addition to printing the required information on the product label, manufacturers may also use electronic and digital connectivity technologies to convey the necessary information to consumers. Source: HKTDC Economic and Trade Research (2017-10-27)
