,i #aacth ,,congress #b;d ,session ,h4 ,r4 #ddgf ,,in ,,the ,,house ,,of ,,representatives ,april #aj1 #bjad ,mr4 ,israel introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to require ingredient labeling of certain consumer cleaning products1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,cleaning ,product ,right to ,know ,act of #bjad4 #b4 ,cleaning products labeling requirement 7a7 ,labeling requirement ,beginning #a year after the date of enactment of this ,act1 a cleaning product manufactured for sale1 offered for sale1 distributed in commerce1 or imported to the ,united ,states after such date shall bear a label on the product's container or packaging with a complete and accurate list of all the product's ingredients1 including the individual ingredients in dyes1 fragrances1 and preservatives4 ,ingredients shall be listed in accordance with the following3 7#a7 ,each ingredient shall be listed by the name assigned to it by the ,international ,nomenclature of ,cosmetic ,ingredients4 ,if there is no such name1 by the name assigned to it by the ,international ,union of ,pure and ,applied ,chemistry4 ,if there is no such name1 the ingredient may be listed by its common chemical name4 7#b7 ,ingredients shall be listed in descending order of predominance in the product by weight1 other than ingredients that constitute less than #a percent of the product1 which may be listed at the end in any order4 7b7 ,exemptions 7#a7 ,exemption for undetectable ingredients ,the ,commission may exempt from the labeling requirement an ingredient that is present in a cleaning product at such low levels that detection of the ingredient in the product is not technologically feasible4 7#b7 ,exemption for ingredients constituting trade secrets 7,a7 ,in general ,an ingredient may be exempt from the labeling requirements of this section if the manufacturer demonstrates to the ,commission that such ingredient is a trade secret1 as determined by the ,commission under subparagraph 7,d71 based on a claim submitted by the manufacturer under subparagraph 7,b74 ,an exemption for an ingredient under this paragraph shall be for a period of #e years1 after which the manufacturer may again submit a claim for an additional #e-year exemption4 7,b7 ,claims of trade secrecy ,a manufacturer making a claim that an ingredient is a trade secret shall file such claim with the ,commission4 ,such claim shall contain-- 7i7 the identity of the person making the claim2 7ii7 a brief description of the information for which trade secret protection is being claimed2 7iii7 the period of time for which trade secret protection is claimed and a justification for the period selected2 7iv7 the extent to which the information is known by employees or others involved with the facility or business1 and whether or not those individuals with knowledge are bound by non-disclosure agreements2 7v7 the extent to which the information is known outside of the facility or business of the person1 and whether or not individuals with such knowledge are bound by non-disclosure agreements2 7vi7 the measures taken to restrict access to and safeguard the information1 and whether or not the person plans to continue utilizing such measures2 7vii7 copies of1 or references to1 any pertinent confidentiality determinations previously made by any public agencies2 7viii7 the estimated dollar value of the claimed information to the person's facility or business1 and to that person's competitors2 7ix7 the amount of effort or money expended by the person's facility or business in developing the information2 7x7 the ease or difficulty with which the information could be properly acquired1 duplicated or reverse-engineered by others2 7xi7 a description of the nature and extent of substantial harm that would be caused if the information were made public1 including an explanation of the causal relationship between disclosure and the harmful effects claimed2 7xii7 the signature of the person's general counsel or other executive with knowledge of the preparation of the substantiating information certifying under penalty of perjury1 based upon the knowledge and belief of the signatory1 that-- 7,i7 the substantiating information is true1 accurate1 and complete2 7,,ii7 the information for which trade secret protection is claimed is not otherwise publicly available2 and 7,,iii7 there is a reasonable basis to assert trade secret protection for the information so claimed2 and 7xiii7 the name1 mailing address1 telephone number and email address of the individual to be contacted if any additional information is needed by the ,commission to make a determination4 7,c7 ,limitation ,no ingredient may be claimed as a trade secret if such ingredient-- 7i7 is publicly known to be in the product2 7ii7 can be discovered through a standard process of reverse engineering2 7iii7 is a hazardous substance within the meaning of section #b7;f7 of the ,federal ,hazardous ,substances ,act 7#ae ,u4,s4,c4 #abfa7;f772 or 7iv7 is a substance-- 7,i7 meeting the criteria for category #a or category #b for any of the toxicity endpoints established by the ,globally ,harmonized ,system for the ,classification and ,labeling of ,hazardous ,substances that causes an adverse effect that has been demonstrated in humans or other exposed organisms2 or 7,,ii7 for which the weight of evidence 7such as demonstration of an adverse effect1 laboratory studies1 or data for a chemical from the same chemical class that exhibits that adverse effect7 demonstrates the potential for an adverse effect in humans or other exposed organisms1 including actual or potential effects of exposure to the chemical substance or mixture on mortality1 morbidity1 including carcinogenesis1 reproduction1 growth and development1 the immune system1 the endocrine system1 the brain or nervous system1 other organ systems1 or any other biological functions in humans or nonhuman organisms4 7,d7 ,,cpsc determination ,as promptly as practicable after receiving the information submitted by a manufacturer1 the ,commission shall make a determination on the basis of such information as to whether the ingredient is a legitimate trade secret and shall notify the manufacturer of its determination4 7c7 ,treatment under the ,,fhsa ,a cleaning product that is not in conformity with the labeling requirements of subsection 7a7 and not exempt from such requirements pursuant to subsection 7b7 shall be treated as a substance defined in section #b7p7 of the ,federal ,hazardous ,substances ,act 7#ae ,u4,s4,c4 #abfa7p77 for purposes of such ,act4 7d7 ,no effect on existing labeling requirements ,nothing in this ,act shall be interpreted as having any effect on any labeling requirements in effect before the date of enactment of this ,act as described in section #b7p7 of the ,federal ,hazardous ,substances ,act 7#ae ,u4,s4,c4 #abfa7p774 7e7 ,rulemaking ,authority ,the ,commission may issue such regulations it determines necessary to provide for the effective enforcement of this ,act1 and shall consult with the ,administrator of the ,environmental ,protection ,agency as necessary4 #c4 ,public right to know petition 7a7 ,petition ,any person may submit a petition to the ,commission alleging that a cleaning product available in interstate commerce does not satisfy the labeling requirements of this ,act4 7b7 ,action by the ,commission ,the ,commission shall notify a petitioner of the receipt of a petition within #cj days after receipt of such petition4 ,the ,commission shall investigate the claims made by the petition and make a determination as to the validity of such claims within #ahj days after acknowledging the receipt of such petition4 ,if the ,commission sustains the claim or claims made by the petition1 the ,commission shall initiate the proper enforcement actions required by law4 7c7 ,regulations ,the ,commission may issue such regulations as it determines necessary to require that petitions include a reasonable evidentiary basis for the claims made therein4 #d4 ,required internet disclosure 7a7 ,manufacturer ,disclosure ,each manufacturer of a cleaning product shall make available in a clear and conspicuous location on the website of such manufacturer1 if the manufacturer maintains a website1 a complete list of each of the manufacturer's cleaning products' ingredients not later than #f months after the date of enactment of this ,act4 7b7 ,content and requirements of disclosure ,the disclosure required by subsection 7a7 shall-- 7#a7 name and list the product's ingredients in the manner prescribed in section #c2 7#b7 be reviewed every #abj days and revised as necessary to reflect changes to cleaning products2 7#c7 include the appropriate ,chemical ,abstract ,services number for each ingredient2 7#d7 identify any potential adverse health effect of each ingredient in the cleaning product and use the appropriate signal word or hazard descriptor as prescribed in section #b7p7 of the ,federal ,hazardous ,substances ,act 7#ae ,u4,s4,c4 #abfa7p772 and 7#e7 be sortable by product1 ingredient1 adverse health effect1 and other categories as determined by the ,commission4 7c7 ,commission ,disclosure ,promptly after the date set forth in subsection 7a71 the ,commission shall provide on the website of the ,commission a web page that aggregates the information made available by manufacturers under such subsection and that allows users to compare products made by different manufacturers4 ,such web page shall be reviewed every #f months and revised as necessary to reflect changes to cleaning products4 7d7 ,language accessibility ,the disclosures required to be made on a website or web page subject to this section shall be available in ,english1 ,spanish1 and any other language the ,commission determines necessary to ensure that users of a cleaning product in the ,united ,states are informed as to the complete list of the product's ingredients and potential adverse health effects4 #e4 ,enhanced penalties ,section #e7;c77#a7 of the ,federal ,hazardous ,substances ,act 7#ae ,u4,s4,c4 #abfd7;c77#a77 is amended by striking #ae1jjj1jjj and inserting #cj1jjj1jjj4 #f4 ,reporting ,not later than #b years after the date of enactment of this ,act and every #b years thereafter1 the ,commission shall prepare a report on compliance with the labeling requirement of this ,act and the enforcement activities of the ,commission1 and shall transmit such report to ,congress and make it publicly available on the ,internet4 #g4 ,preemption ,nothing in this ,act affects the right of a ,state or political subdivision of a ,state to adopt or enforce any regulation1 requirement1 or standard of performance that is different from1 or in addition to1 a regulation1 requirement1 liability1 or standard of performance established pursuant to this ,act unless compliance with both this ,act and the ,state or political subdivision of a ,state regulation1 requirement1 or standard of performance is impossible1 in which case the applicable provision of this ,act shall control4 #h4 ,definitions ,in this ,act3 7#a7 ,adverse health effect ,the term adverse health effect means a chemical or biochemical change1 anatomic change1 or functional impairment1 or a known precursor to such a change or impairment1 that-- 7,a7 has the potential to impair the performance of an anatomic structure of a vital system of an organism or progeny of an organism2 7,b7 causes irreversible change in the homeostasis of an organism2 7,c7 increases the susceptibility of an organism or progeny of an organism to other chemical or biological stressors or reduces the ability of an organism or progeny of an organism to respond to additional health or environmental challenges2 or 7,d7 affects1 alters1 or harms the environment such that the health of humans or other organisms is directly or indirectly threatened4 7#b7 ,air care product ,the term air care product means a chemically formulated consumer product designed to clean and freshen air or to deodorize and neutralize unwanted odors in the indoor air1 including solid gels1 air freshener spray1 an outlet or battery operated air freshener1 a hanging car air freshener1 and a potpourri product4 7#c7 ,automotive product ,the term automotive product means a chemically formulated consumer product designed to maintain the appearance of a motor vehicle1 but does not include automotive paint or a paint repair product4 7#d7 ,cleaning product ,the term cleaning product means any product used primarily for commercial1 domestic1 or institutional cleaning purposes1 including an air care product1 automotive product1 disinfectant 7except as provided in subparagraph 7,b771 and polish or floor maintenance product4 ,such term shall not include-- 7,a7 any drug or cosmetics1 including personal care items such as toothpaste1 shampoo1 and hand soap2 or 7,b7 a product labeled1 advertised1 marketed1 and distributed for use only as a pesticide1 as defined by section #b7u7 of the ,federal ,insecticide1 ,fungicide and ,rodenticide ,act 7#g ,u4,s4,c4 #acf7u771 including a disinfectant intended for use solely on critical or semi-critical devices as described by such section4 7#e7 ,commission ,the term ,commission means the ,consumer ,product ,safety ,commission4 7#f7 ,ingredient ,the term ingredient means a chemical in a cleaning product1 including-- 7,a7 a chemical that provides a technical or functional effect2 7,b7 a chemical that has no technical or functional effect but is present by reason of having been incorporated into the cleaning product as an ingredient of another chemical2 7,c7 a processing aid that is present by reason of having been added to a cleaning product during the processing of such cleaning product2 7,d7 any substance that is present by reason of having been added to a cleaning product during processing for its technical or functional effect2 7,e7 any contaminant that may leach from container materials or form via reactions over the shelf life of a cleaning product and that may be present at levels where detection is technologically feasible2 7,f7 with respect to a fragrance or preservative1 each individual component part of the fragrance or preservative by its individual name2 and 7,g7 any individual component of a petroleum-derived1 animal-derived1 or other ingredient that the ,commission determines be considered an ingredient4 7#g7 ,polish or floor maintenance product ,the term polish or floor maintenance product means a chemically formulated consumer product designed to polish1 protect1 or maintain furniture1 floors1 metal1 leather1 or other surfaces1 including polish1 wax1 and restorer4