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Detergents & Other Household Cleansing Products Law - ECL Article 35

ARTICLE 35 - DETERGENTS AND OTHER HOUSEHOLD CLEANSING PRODUCTS

Effective August 14, 2010

Disclaimer:
The law below is presented as a quick reference tool. While it is believed to be accurate, it is not a certified copy of the law and therefore should not be relied upon for legal interpretation. The law as printed by Lawyers Cooperative Publishing, will continue to be the official source for legal purposes.

Section 35-0101 - Scope of article.
Section 35-0103 - Definitions.
Section 35-0105 - Distribution and sale of household cleansing products; possession or use of household cleansing products containing phosphorus by commercial establishments restricted.

§ 35-0101. Scope of article.

By the enactment of this article the state fully exercises the exclusive right to regulate and control the labelling and ingredients of household cleansing products distributed, sold, offered, or exposed for sale in this state, within the scope and limitations of this article. The terms "regulation" and "control" include prohibitions or other restrictions on the distribution, sale, offering or exposing for sale of such products in this state. In order to assure statewide uniformity, such regulation and control by any political subdivision of the state of such products is prohibited after June 25, 1971 provided, however, that any such regulation and control in effect on June 1, 1971 shall be unaffected by this section.

§ 35-0103. Definitions.

The following terms, whenever used or referred to in this article, shall have the following meaning unless a different meaning clearly appears from the context:

  1. "Household cleansing product" means any product, including but not limited to soaps and detergents, containing a surfactant as a wetting or dirt emulsifying agent and used primarily for domestic or commercial cleaning purposes, including but not limited to, the cleansing of fabrics, dishes, food utensils and household and commercial premises. Household cleansing product shall not mean foods, drugs, cosmetics, insecticides, fungicides and rodenticides or cleansing products used primarily in industrial manufacturing, production and assembling processes as provided by the commissioner by rule and regulation.
  2. "Person" means any individual, partnership, firm or corporation.
  3. "Phosphorus" means elemental phosphorus.
  4. "Commercial establishment" means any premises used for the purpose of carrying on or exercising any trade, business, profession, vocation, or commercial or charitable activity, including but not limited to laundries, hospitals, and food or restaurant establishments.

§ 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.
    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.

      1. 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.
      2. 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.
    2. * 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 except those used in dishwashers, food and beverage processing equipment, and dairy equipment, on or after January 1, 1976 which shall contain a phosphorus compound other than in such trace or incidental concentrations as may be authorized by the commissioner by regulation.
      * NB Effective until July 1, 2013.
      ** 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.
      ** NB Effective July 1, 2013.
  2. 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.

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