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This entry was published on 2020-04-24
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SECTION 35-0105
Distribution and sale of household cleansing products; possession or use of household cleansing products containing phosphorus by commerc...
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 35
§ 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.

2. a. (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.

(2) 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.

(3) 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.

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.

3. 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.

* 4. No household cleansing product shall be distributed, sold,
offered or exposed for sale in this state which contains 1,4-dioxane
other than such trace concentrations; such trace concentrations shall
not exceed two parts per million by December thirty-first, two thousand
twenty-two; and further, shall not exceed one part per million by
December thirty-first, two thousand twenty-three.

* NB Effective January 1, 2022

* 5. No later then May first, two thousand twenty-five, and every two
years thereafter, the department, in consultation with the department of
health, shall review such trace concentration thresholds and determine
whether such concentrations shall be lowered to better protect human
health and the environment.

* NB Effective January 1, 2022

* 6. A manufacturer of a household cleansing product, otherwise
subject to the requirements of subdivision four of this section, may
apply to the department for a one-year waiver from such requirements for
a specific household cleansing product, upon such proof that the
manufacturer has taken steps to reduce the presence of 1,4-dioxane in
that product and is unable to comply with the requirements of
subdivision four of this section. Thereafter, a manufacturer may apply
for one additional one-year waiver for such product, upon such the
satisfaction of such similar proof.

* NB Effective January 1, 2022

* 7. The department is authorized to promulgate such rules and
regulations as it shall deem necessary to implement the provisions of
this section, including rules and regulations with respect to any
allowable trace concentrations.

* NB Effective January 1, 2022