[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5978 Introduced in House (IH)]
<DOC>
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cleaning Product Ingredient
Communication Act''.
SEC. 2. CLEANING PRODUCT LABELING INFORMATION STANDARD.
The Fair Packaging and Labeling Act (15 U.S.C. 1451 et seq.) is
amended--
(1) in section 12 (15 U.S.C. 1461)--
(A) by striking ``now or hereafter provide'' and
inserting the following: ``now or hereafter--
``(1) provide'';
(B) in paragraph (1), as so designated, by striking
the period at the end and inserting ``; or''; and
(C) by adding at the end the following:
``(2) impose mandatory ingredient disclosure requirements
with respect to cleaning products if those cleaning products
are subject to the requirements of section 14 of this Act or
regulations promulgated pursuant thereto.''; and
(2) by adding at the end the following:
``SEC. 14. FEDERAL STANDARD FOR MANDATORY INGREDIENT DISCLOSURE IN
CLEANING PRODUCTS.
``(a) Definitions.--In this section:
``(1) Air care product.--The term `air care product' means
a chemically formulated product that is labeled to indicate
that the purpose of the product is to enhance or condition the
indoor environment by eliminating unpleasant odors or
freshening the air.
``(2) Automotive product.--The term `automotive product'--
``(A) means a chemically formulated product that is
labeled to indicate that the purpose of the product is
to maintain the appearance of a motor vehicle,
including a product that is used to wash, wax, polish,
clean, or treat the exterior or interior surfaces of a
motor vehicle; and
``(B) does not include--
``(i) automotive paint; or
``(ii) a paint repair product.
``(3) Cleaning product.--
``(A) In general.--The term `cleaning product'
means a chemically formulated product that is an air
care product, an automotive product, a general cleaning
product, or a polish used primarily for janitorial,
domestic, or institutional cleaning purposes without
further processing; and
``(B) does not include--
``(i) a food, drug, or cosmetic, including
any personal care item, such as toothpaste,
shampoo, or hand soap;
``(ii) an industrial product specifically
manufactured for, and exclusively used in--
``(I) oil and gas production;
``(II) steel production;
``(III) heavy industry
manufacturing;
``(IV) industrial water treatment;
``(V) industrial textile
maintenance and processing (other than
industrial laundering);
``(VI) food and beverage processing
and packaging; or
``(VII) any other industrial
manufacturing processes;
``(iii) a trial sample of a product
described in subparagraph (A) that--
``(I) is not packaged for sale,
resale, or retail; and
``(II) includes a statement on the
package of the product indicating that
the product is not for sale or resale;
or
``(iv) a tool that is used as part of the
cleaning process, such as a sponge, toilet
brush, or microfiber cloth.
``(C) Rule of construction.--For the purposes of
subparagraph (A), the dilution of a product described
in that subparagraph by a user of the product may not
be construed to be further processing with respect to
the product.
``(4) Colorant.--The term `colorant' means an ingredient
that is added to a cleaning product for the specific purpose of
imparting color to, or altering the color of, the product.
``(5) Confidential business information.--The term
`confidential business information'--
``(A) means any intentionally added ingredient, or
combination of ingredients, with respect to which--
``(i) a claim for protection against
disclosure has been asserted under section
8(b)(4)(B) or 14 of the Toxic Substances
Control Act (15 U.S.C. 2607(b)(4)(B); 2613) and
in accordance with rules promulgated under
either such section, as applicable;
``(ii) a claim for protection against
disclosure has been submitted under section
10(a) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136h(a)) and the
product that contains the ingredient, or
combination of ingredients, for which that
claim is submitted is registered under section
3 of that Act (7 U.S.C. 136a);
``(iii) a manufacturer, or a supplier of a
manufacturer, has obtained relief under
paragraph (3) of section 1836(b) of title 18,
United States Code, in a civil action brought
under that section; or
``(iv) a civil action brought under section
1836(b) of title 18, United States Code, is
pending in a district court of the United
States; and
``(B) does not include any intentionally added
ingredient which--
``(i) is a fragrance allergen if the
fragrance allergen is present in a product at a
concentration that is greater than or equal to
0.01 percent;
``(ii) is a substance or combination of
substances included on a designated list; or
``(iii) is a substance which the Commission
has identified by regulation issued pursuant to
section 14(k) to require disclosure.
``(6) Designated list.--The term `designated list' means a
list of substances to be compiled by the Commission following a
rulemaking undertaken in accordance with paragraph (k) of
section 14 and which will be commenced following consultation
with the Administrator of the Environmental Protection Agency.
The Administrator shall be requested to collate and review and
to supply recommendations concerning existing lists of
substances known to be hazardous to consumers when present in
consumer-use products. The lists to be considered and reviewed
by the Administrator should be those already compiled or
maintained by the EPA, the Consumer Product Safety Commission,
the Food and Drug Administration and other Federal agencies
deemed by the Administrator to have relevant expertise.
``(7) Electronically readable format.--The term
`electronically readable format' means, with respect to a
format for providing required information on a readily
accessible company website, that the format--
``(A) is machine-readable by automated systems,
including--
``(i) web browsers;
``(ii) accessibility software to aid the
disabled;
``(iii) automated scripts; and
``(iv) other software programs or
applications;
``(B) is not restricted from access by--
``(i) a search engine; or
``(ii) a requirement for--
``(I) registration;
``(II) the provision of personally
identifiable information; or
``(III) the use of CAPTCHA or
similar challenge response test
technologies, without regard to whether
the challenge is--
``(aa) visual;
``(bb) auditory; or
``(cc) otherwise; and
``(C) conforms to the most current version of the
Web Content Accessibility Guidelines adopted by the
Accessibility Guidelines Working Group of the World
Wide Web Consortium, including any amendments to those
Guidelines that are made after the date of enactment of
this section.
``(8) Fragrance.--The term `fragrance' means any
intentionally added substance, or any complex mixture of aroma
chemicals, natural essential oils, and any other functional
ingredient, the sole purpose of which is--
``(A) to impart an odor or scent; or
``(B) to counteract an odor.
``(9) Fragrance allergen.--The term `fragrance allergen'
means a fragrance allergen included on Annex III of the EU
Cosmetics Regulation No. 1223/2009 as required to be labeled by
the EU Detergents Regulation No. 648/2004 on January 1, 2018 or
subsequent updates to those regulations.
``(10) General cleaning product.--The term `general
cleaning product' means a soap, detergent, or other chemically
formulated product that is labeled to indicate that the purpose
of the product is to clean, disinfect, or otherwise care for--
``(A) fabric, dishes, or other wares; and
``(B) surfaces including--
``(i) floors, furniture, countertops,
showers, and baths; and
``(ii) other hard surfaces, such as
stovetops, microwaves, and other appliances.
``(11) Intentionally added ingredient.--The term
`intentionally added ingredient'--
``(A) means a chemical that--
``(i) a manufacturer has intentionally
added to a cleaning product; and
``(ii) has a functional or technical effect
in the product; and
``(B) includes--
``(i) the components of an ingredient that
is a fragrance or a colorant; and
``(ii) an intentional breakdown product of
an added chemical that also has a functional or
technical effect in the product.
``(12) Inventory.--The term `Inventory' has the meaning
given the term in section 720.3 of title 40, Code of Federal
Regulations, or any successor regulation.
``(13) Manufacturer.--The term `manufacturer' means a
person or entity--
``(A)(i) that manufactures a cleaning product; and
``(ii) the name of which appears on the
product label with respect to the cleaning
product; or
``(B) for which a cleaning product is manufactured,
or by which a cleaning product is distributed, as
identified on the product label with respect to the
cleaning product under the requirements of this Act.
``(14) Pesticide.--The term `pesticide' has the meaning
given the term in section 2(u) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136(u)).
``(15) Polish.--The term `polish' means a chemically
formulated product, such as polish, wax, or a restorer, that is
labeled to indicate that the purpose of the product is to
polish, protect, buff, condition, temporarily seal, or maintain
furniture, floors, metal, leather, or other surfaces.
``(16) Product label.--The term `product label' is any
written, printed, or graphic matter affixed to a product that
is subject to this section 14 or its immediate container or
wrapper.
``(17) Safety data sheet.--The term `safety data sheet' has
the meaning given the term in section 1910.1200 of title 29,
Code of Federal Regulations, or any successor regulation.
``(b) Mandated Ingredient Disclosure.--
``(1) In general.--
``(A) Requirement.--Except as provided in
subparagraph (B), a manufacturer of a cleaning product
shall disclose on the product label of the cleaning
product--
``(i) a list of each intentionally added
ingredient that is present in the cleaning
product, unless the ingredient is confidential
business information, in which case the
manufacturer shall provide the information
required under subsection (c);
``(ii) the manufacturer's toll-free
telephone number and Internet website address;
``(iii) if the cleaning product contains
any fragrance allergen--
``(I) a list of each fragrance
allergen that is present in the
cleaning product at a concentration
that is equal to or greater than 0.01
percent; or
``(II) when a fragrance allergen is
present at or greater than 0.01
percent, a statement that reads
`Contains fragrance allergen(s)';
``(iv) if the manufacturer omits an
intentionally added ingredient under clause
(i), or includes a statement described in
clause (iii)(II), a statement that reads `For
more ingredient information visit' followed by
the information required under clause (v); and
``(v) the toll-free telephone number and
the publicly available website address through
which an individual can obtain the information
required under subsection(c).
``(B) Exception.--
``(i) Notwithstanding subparagraph (A),
fragrance ingredients or colorants may be
listed on the product label as `fragrances' or
`colorants', respectively.
``(ii) The requirement under subparagraph
(A) shall not apply with respect to a product
that is a pesticide.
``(2) Disclosure sequence.--
``(A) In general.--Except as provided in
subparagraph (B), for the purposes of the requirements
under paragraph (1)(A) and subsection (c) with respect
to a cleaning product, the manufacturer of the cleaning
product shall list any intentionally added ingredient
that is present in the cleaning product in descending
order of predominance by weight in the product.
``(B) Exception.--With respect to any ingredient
that is present in a cleaning product at a
concentration that is less than 1 percent, for the
purposes of the requirements under paragraph (1)(A) and
subsection (c) with respect to the cleaning product,
the manufacturer with respect to the product may list
that ingredient--
``(i) after listing all of the ingredients
that are present in the cleaning product at a
concentration that is greater than or equal to
1 percent; and
``(ii) among the ingredients that are
present in the cleaning product at a
concentration that is less than 1 percent,
without regard to the order of predominance by
weight.
``(3) Fragrance concentration determination.--For purposes
of the requirements under paragraph (1)(A) and subsection (c)
with respect to a cleaning product, the manufacturer of the
cleaning product shall determine the total concentration of
each fragrance allergen that is present in the cleaning product
by adding the contributions of the fragrance allergen in each
ingredient in the product, including the presence of the
fragrance allergen in any fragrance or essential oil that is
present in the product.
``(4) Nomenclature systems.--
``(A) In general.--An intentionally added
ingredient or fragrance ingredient that a manufacturer
is required to list under this subsection and post
under subsection (c), except for an ingredient for
which the use of a generic name is permitted under
subsection (d), shall, subject to subparagraph (B), be
listed or posted using the following nomenclature
systems:
``(i) Household and Commercial Products
Association Consumer Products Ingredients
Dictionary.
``(ii) International Nomenclature of
Cosmetic Ingredients.
``(iii) International Union of Pure and
Applied Chemistry nomenclature.
``(iv) Chemical Abstracts Index name.
``(v) Common Chemical name.
``(B) Clarification.--For the purposes of
subparagraph (A), a manufacturer shall--
``(i) if a name is available in a system
described in clause (i) or clause (ii) of that
subparagraph, use the name from either such
system; and
``(ii) if a name is not available in either
system described in clause (i) or (ii) of that
subparagraph, select a name from the first
available system listed in clause (iii), (iv),
or (v) of that subparagraph.
``(c) Posting on Manufacturer Website.--
``(1) In general.--
``(A) Required information.--The manufacturer of a
cleaning product shall post on a publicly available
website of the manufacturer, in an electronically
readable format and with respect to the cleaning
product--
``(i) the information required under
clauses (i), (ii), and (iii) of subsection
(b)(1)(A) with respect to the cleaning product;
``(ii) a list of all fragrance ingredients
present at a concentration at or above 0.01,
unless it is confidential business information;
``(iii) the functional purpose served by
each intentionally added ingredient that is
listed under subsection (b)(1)(A)(i); and
``(iv) a link to the safety data sheet for
the product.
``(B) Languages.--The information posted under
subparagraph (A)--
``(i) shall be posted in English; and
``(ii) may be posted in any of the other 10
most commonly spoken languages in the United
States.
``(2) Website ease of access.--With respect to any
information that the manufacturer of a cleaning product is
required to post with respect to the cleaning product under
paragraph (1), the manufacturer shall post the information not
more than--
``(A) 5 clicks away from the website address that
is printed on the product label under subsection
(b)(1)(A)(v); and
``(B) 4 clicks away from a website that is specific
to--
``(i) the product; or
``(ii) the class of products to which the
product belongs.
``(3) Fragrance ingredients and colorants.--With respect to
the requirement under paragraph (b)(1)(A) and (c)(1)(A)(ii),
for an intentionally added ingredient that is a fragrance
ingredient or a colorant, a manufacturer may list the
functional purpose of that intentionally added ingredient as
`fragrance ingredient' or `colorant', as applicable.
``(4) CAS number.--
``(A) In general.--With respect to each
intentionally added ingredient described in subsection
(b)(1)(A)(i) that a manufacturer is required to post
under paragraph (1)(A)(i), the manufacturer shall,
subject to subparagraph (B), include the Chemical
Abstracts Service number with respect to that
ingredient.
``(B) Unavailability.--For the purposes of
subparagraph (A), if a Chemical Abstracts Service
number with respect to an intentionally added
ingredient is not available, or if the intentionally
added ingredient is confidential business information,
a manufacturer shall, when posting the information
required under paragraph (1)(A)(i), use the phrase `not
available' or `withheld', respectively, with respect to
the ingredient.
``(5) Safety data sheets.--A manufacturer that is required
under this subsection to disclose information with respect to a
cleaning product may make that disclosure in a safety data
sheet with respect to that product if--
``(A) the manufacturer posts the safety data sheet
on a publicly available website of the manufacturer;
and
``(B) the safety data sheet meets the requirements
of this subsection, including that the safety data
sheet is in an electronically readable format.
``(d) Protection of Confidential Business Information.--
``(1) In general.--Subject to the requirements of this
subsection, a manufacturer of a cleaning product may choose not
to disclose under subsection (b)(1)(A)(i) any intentionally
added ingredient, including any colorant or fragrance
ingredient, or combination of intentionally added ingredients,
that is confidential business information.
``(2) Information required.--
``(A) In general.--With respect to a manufacturer
that withholds disclosure of an intentionally added
ingredient as confidential business information under
paragraph (1), the manufacturer shall, for the purposes
of subsection (b)(1)(A)(i), and subject to subparagraph
(B) and paragraph (3), use the generic chemical name by
which the intentionally added ingredient, or
combination of intentionally added ingredients, as
applicable, is listed in the Inventory.
``(B) Not listed in confidential inventory.--For
the purposes of subparagraph (A), if a manufacturer has
obtained relief under paragraph (3) of section 1836(b)
of title 18, United States Code, in a civil action
brought under that section with respect to an
intentionally added ingredient, including an ingredient
that is a fragrance, or a combination of intentionally
added ingredients, the manufacturer shall--
``(i) maintain justification for protecting
confidential business information consistent
with the requirements of such section 1836(b);
and
``(ii) if the ingredient, or combination of
ingredients, as applicable, is not included in
the confidential portion of the Inventory--
``(I) use a name for the
intentionally added ingredient, or
combination of intentionally added
ingredients, as applicable, that is
only as generic as necessary to protect
the confidential identity of the
intentionally added ingredient or
combination of ingredients; and
``(II) in developing a generic name
under subclause (I), use the generic
name framework provided by--
``(aa) guidance of the
Environmental Protection Agency
relating to the confidential
portion of the Inventory;
``(bb) the European
Chemicals Agency guidance for
alternative chemical names;
``(cc) the New Jersey Trade
Secret Registry Number system;
or
``(dd) the Canadian
Hazardous Materials Information
Review Act Registry Number
system.
``(3) Requirements of suppliers.--With respect to any
supplier of a manufacturer that, under paragraph (1), chooses
not to disclose an intentionally added ingredient, including a
fragrance ingredient, or a combination of intentionally added
ingredients, as confidential business information--
``(A) the supplier shall comply with the
requirements under paragraph (2); and
``(B) the manufacturer shall use the generic name
developed by the supplier under subparagraph (A).
``(e) Pre-Existing Products.--
``(1) In general.--A cleaning product that is manufactured
before the effective date of this section, and that would
otherwise be subject to the requirements of this section, shall
be considered to be in compliance with the requirements of this
section if the product displays--
``(A) the day, month, and year in which the product
is manufactured; or
``(B) a code that contains the day, month, and year
in which the product is manufactured if the
manufacturer with respect to the product posts a
statement on the website of the manufacturer--
``(i) that provides a toll-free telephone
number through which a consumer may obtain
information with respect to the date on which
the product was manufactured; or
``(ii) regarding how a consumer may
determine the date on which the product was
manufactured based on that code.
``(2) Rule of construction.--Nothing in this subsection may
be construed to prohibit a cleaning product from being
distributed before the effective date of this section with
labeling that complies with the requirements of this section.
``(f) Enforcement.--For the purposes of the enforcement of this
section under section 7(b), a cleaning product shall be considered to
be in compliance with the requirements of this section when a cleaning
product is in compliance with the requirements of chapter 13 of part 3
of division 104 of the California Health and Safety Code (Cal. Health &
Safety Code section 108950 et seq.); commonly known as `the Cleaning
Product Right to Know Act of 2017').
``(g) Relationship to Other Laws.--Nothing in this section may be
construed to repeal, invalidate, amend, or supersede--
``(1) the Federal Trade Commission Act (15 U.S.C. 41 et
seq.) or any regulations promulgated under that Act;
``(2) the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.) or any regulations promulgated under that Act;
``(3) the Federal Hazardous Substances Act (15 U.S.C. 1261
et seq.) or any regulations promulgated under that Act;
``(4) the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136 et seq.);
``(5) the Defend Trade Secrets Act of 2016 (Public Law 114-
153; 130 Stat. 376), the amendments made by that Act, or any
regulations promulgated under--
``(A) that Act; or
``(B) the amendments made by that Act;
``(6) the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.) or any regulations promulgated under that
Act; or
``(7) the Toxic Substances Control Act (15 U.S.C. 2601 et
seq.) or any regulations promulgated under that Act.
``(h) Federal Preemption.--Notwithstanding section 12(2), nothing
in this section, or any regulation, rule, or requirement promulgated
under this section, may be construed to preempt or otherwise affect any
remedy established under State or Federal common law with respect to
the mandatory disclosure of cleaning product ingredients.
``(i) Compliance With Federal Hazard Communications Standard.--An
employer that is required to maintain safety data sheets, and to ensure
that those safety data sheets are readily accessible, under section
1910.1200 of title 29, Code of Federal Regulations, or any successor
regulation, shall, in the same manner and to the same persons as
required under that section, make readily available the information
required under subsection (c).
``(j) Rules of Construction.--Nothing in this section may be
construed to--
``(1) require a manufacturer with respect to a cleaning
product to--
``(A) disclose--
``(i) the weight or amount of an
intentionally added ingredient, including any
colorant or fragrance ingredient, in the
cleaning product; or
``(ii) how the product is manufactured; or
``(B) list in any particular order an intentionally
added ingredient if the ingredient is present in the
product at a concentration that is less than 1 percent;
or
``(2) preclude the manufacturer with respect to a cleaning
product from including or delivering supplemental or clarifying
information on a product label or website with respect to the
product, its ingredients, and the functional purpose of any
ingredient, including through the use of technologies, such as
electronic or digital links, if that information is--
``(A) consistent with, and does not contradict,
information that is required under this Act; and
``(B) in compliance with section 5 of the Federal
Trade Commission Act (15 U.S.C. 45).
``(k) Authority To Issue Regulations.--The Commission may, for
purposes of carrying out section 2 of this Act, promulgate regulations.
``(1) Such regulations may include--
``(A) a rule to define the term `designated list'
for purposes of subparagraph (a)(7) of section 14; and
``(B) rulemakings to identify additional
ingredients that must be disclosed in accordance with
paragraphs (b) and (c) of section 14 when such
substance may be unintentionally present as an impurity
or manufacturing byproduct in a cleaning product.
``(2) Prior to developing regulations for purposes of
paragraph (k) above, or when considering amending such
regulation, the Commission will request recommendations from
the Administrator of the Environmental Protection Agency
concerning which ingredients, or lists of substances, if
intentionally added, or unintentionally, present in a cleaning
product would be likely to be present a risk to human health on
the basis of multiple publicly-available peer-reviewed studies
which demonstrate the substance causes adverse effects in tests
that are commonly used in laboratory studies.
``(A) Such consultations will become part of the
rulemaking record;
``(B) There will be an opportunity for public
comment on EPA's recommendations.
``(l) Effective Date.--This section shall take effect on January 1,
2026.''.
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