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Part 659: Household Cleansing Products

(Statutory authority:Statutory authority: Environmental Conservation Law, art. 35)

[This regulation became effective 10/01/76 and was last amended 10/07/85.]

Contents:

Sec.

§659.1 Definitions

As used in this Part, the following words and terms shall have the indicated meanings:

(a) Household cleansing product shall mean 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:

(1) foods, drugs and cosmetics, including personal care items such as toothpaste, shampoo and hand soap;

(2) products labeled, advertised, marketed and distributed for use primarily as pesticides, as defined in article 33 of the Environmental Conservation Law.

(b) Trace quantity shall mean either:

(1) for elements or compounds other than nitrilotriacetic acid (NTA):

(i) an incidental amount which is not part of the household cleansing product formulation, is present only as an unintentional consequence of manufacturing and does not exceed one half of one percent (0.5%) of the content of the product by weight; or

(ii) an incidental amount which is part of the household cleansing product formulation, and does not exceed one tenth of one percent (0.1%) of the contents of the product by weight.

(2) for NTA:

(i) an incidental amount which is not part of the household cleansing product formulation, is present only as an unintentional consequence of manufacturing and does not exceed one tenth of one percent (0.1%) of the contents of the product by weight; or

(ii) an incidental amount which is part of the household cleansing product formulation, and does not exceed one tenth of one percent (0.1%) of the contents of the product by weight

(c) Commissioner shall mean the New York State Commissioner of Environmental Conservation.

Historical Note

Sec. filed April 28, 1972; repealed, new filed July 28, 1976; amds. filed: Nov. 9, 1978; Oct. 7, 1985 eff. 30 days after filing. Amended (b).

§659.2 Applicability

This Part shall apply to all household cleansing products distributed, sold, offered or exposed for sale in this State.

Historical Note

Sec. filed April 28, 1972; amd. filed April 24, 1973; repealed, new filed July 28, 1976 eff. Oct. 1, 1976.

§659.3 Prohibitions

(a) 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 shall contain a phosphorus compound in concentrations in excess of a trace quantity measured as elemental phosphorus.

(b) No household cleansing product used in dishwashers, food and beverage processing equipment and dairy equipment shall be distributed, sold, offered or exposed for sale in this State which shall contain phosphorus compound in concentrations in excess of 8.7 percent by weight measured as elemental phosphorus.

(c) No household cleansing product containing nitrilotriacetic acid (NTA) in excess of a trace quantity shall be distributed, sold, offered or exposed for sale in this State.

(d) 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 section 659.4 of this Part.

Historical Note

Sec. filed April 28, 1972; repealed, new filed July 28, 1976; amd. filed Oct. 7, 1985 eff. 30 days after filing.

§659.4 Labeling

(a) Contents of label. (1) The wrapper or container of a household cleansing product which contains no phosphorus or contains no phosphorus other than a trace quantity shall bear a label having one of the following legends: "Phosphate free," "No phosphate," "Phosphorus - trace amount" or "Phosphorus - less than 0.5 percent by weight" or having language conveying the same meaning which has been approved by the commissioner.

(2) A household cleansing product referred to in section 659.3(b) of this Part, which contains more than trace quantities of phosphorus shall bear a label which lists the percentage of elemental phosphorus contained therein by weight to the nearest one-tenth of one percent and the grams of elemental phosphorus to the nearest one-tenth of a gram per portion at the recommended use level. The statement shall be clear and in nontechnical language.

(b) Placement and legibility of label. Such label shall be located in its entirety, on a single front, side, or rear panel of the container; shall be in a type size and so positioned as to render it easily read and understood by the consumer; shall be in lines generally parallel to the base on which the container is designed to be displayed; and shall appear on a clear, contrasting background without being obscured by crowding, design or vignettes.

(c) Sale of multiple units. Where a household cleansing product is offered for sale in a wrapper or container which contains two or more units of the product, such wrapper or container, as well as each individual unit, shall be labeled as required by this section, unless such wrapper or container is transparent and the required label is visible.

(d) Shipments in bulk. The labeling requirements of this section shall not apply to a shipping container which contains individual packages of a household cleansing product which are labeled in accordance with the provisions of this section.

Historical Note

Sec. filed April 28, 1972; repealed, new filed July 28, 1976 eff. Oct. 1, 1976.

§659.5 Analytical procedure

Analysis to determine the total phosphorus content of a household cleansing product shall be performed in accordance with methods and procedures approved by the commissioner.

Historical Note

Sec. filed July 28, 1976 eff. Oct. 1, 1976.

§659.6 Disclosure of information

(a) Manufacturers of household cleansing products distributed, sold or offered for sale in this State shall furnish to the commissioner for public record such information regarding such products as the commissioner may require, in such form as may be prescribed by the commissioner. For each household cleansing product, such information shall include, but shall not be limited to:

(1) the amount of elemental phosphorus by weight as measured to the nearest one-tenth of one percent;

(2) a list naming each ingredient which equals or exceeds five percent of the contents of the product by weight and specifying the content by weight of each ingredient to the nearest percent;

(3) a list naming each ingredient which does not equal or exceed five percent of the contents of the product by weight, provided that ingredients which are present in trace quantities need not be included on such list unless the commissioner specifically requests any such ingredient to be listed and provided further that the commissioner may require the listing of one or more of such ingredients by weight to the nearest percent;

(4) the nature and extent of investigations and research performed by or for the manufacturer concerning the effects on human health and the environment of such product or such ingredients; and

(5) a statement that the product does not contain nitrilotriacetic acid (NTA) in excess of a trace quantity.

Ingredients shall be listed using the generic chemical name which conforms with generally accepted rules of chemical nomenclature.

(b) Such manufacturers shall furnish such information semiannually or at such other times as may be required by the commissioner.

(c) Such information shall be available to the public at the offices of the Department of Environmental Conservation in Albany, with the exception of those portions which the manufacturer determines, subject to the approval of the commissioner, would be, if disclosed, seriously prejudicial to the manufacturer's legitimate interest in trade secrets and economics of operation.

Historical Note

Sec. filed July 28, 1976; amd. filed Oct. 7, 1985 eff. 30 days after filing. Added (a)(5).