UPDATE
April 2020 Spray 15
improve air quality in the district. Luckily, this bill is dead for the
year, but there is nothing to stop SCAQMD from taking another
run at this concept in a different bill this year or at another time
in the future.
Owen Caine, Executive VP, Government Relations & Public
Policy, Household & Commercial Products Association (HCPA)
Industry Climate: Waiting for a Dance Partner
Here at the HCPA, we are always ready to roll up our sleeves and
work with a broad coalition of stakeholders to advance regulation
and legislation. Over the past several
years, our top issue areas have attracted
more attention than ever before—a
national ingredient communication
standard and recycling initiatives are
at the top of that list. HCPA and its
members have been on the forefront
of both issues, leading the negotiation
for California’s Cleaning Product Right
to Know Act in 2017, which requires
manufacturers to disclose the ingredients
in cleaning products online and on label,
and joining the Recycling Leadership
Council earlier this year, with the goal of
developing uniform recycling practices across the U.S.
To build on this recent progress, we are eager to continue these
conversations with State and Federal legislators and regulators to
work toward standardization that benefits industry, consumers,
the environment and the economy. However, the reality is that
conversations have recently
stalled. We find
ourselves in a political
climate where our
industry has come to
the negotiation table
on these key public
policy priorities, but the seats on the other side remain empty as
other advocates refuse to engage. In California, HCPA negotiated
a deal that is de facto national legislation, and various stakeholders
agreed to take a similar bill to the U.S. Congress. Unfortunately,
these organizations are now nowhere to be found.
On recycling, the Recycling Leadership Council is conducting
research on consumer trends, highlighting new technology and
best practices in waste management and working to provide innovative
policy solutions. Momentum is building toward nationwide
action, but unfortunately this progress has left many other
stakeholders behind.
Where does this leave our industry? While others wait, hoping
that their fortunes will change in the next election cycle, we go
forward seeking new dance partners—not necessarily natural
allies, but those that share our frustration with the current policy
environment. After all, a party is always better when everyone is
dancing.
Cassandra Taylor, Senior Regulatory Consultant, NexReg
With 2020 in full swing, there is a great deal of regulatory action
to keep updated on. We are expecting to see a continued surge of
U.S. State-specific legislation, with California
and New York being major players.
Ingredient disclosure for consumer and
cleaning products is a hot issue right now.
California’s Cleaning Product Right to
Know Act SB 258 came into force on Jan.
1, with the first compliance deadline for
online disclosure requirements. Manufacturers
and distributors will also need to
prepare for next year’s on-label disclosure
obligations.
Last August, the New York Household
Cleansing Product Information Disclosure
Program was invalidated by the NY State Supreme Court. This
may not be the last we see of this program however, because the
NY Dept. of Environmental Conservation (DEC) could attempt
to re-implement it through legislation compliant with State law.
Starting July 1, 2020,
California distributors of
cosmetics and disinfectants
will be required to post and
maintain safety data sheets (SDSs) on their website with Spanish,
Vietnamese, Chinese and Korean translations according to Assembly
Bill No. 647. Additional languages deemed to be “common
to the beauty care industry” may also be required thereafter.
North of the border here in Canada, we are on the lookout for
the final version of the proposed Volatile Organic Compound
(VOC) Concentration Limits for Certain Products Regulations.
The proposed regulations, which were originally drafted in 2008,
establish VOC limits for certain product categories not already
covered by other Canadian regulations. These long-awaited regulations
will largely align with limits from the 2010 California Air
Resources Board (CARB) Consumer Products Regulations, with a
few differences that arise due to Canada’s colder climate.
In January of this year, Health Canada released Hazardous Substance
Assessments for five chemicals. The Assessments, which
were compiled using a variety of sources, include Globally Harmonized
System of Classification & Labeling (GHS) classifications
and transport information for each substance, as well as available
physical and toxicological data. These technical documents have
been created as educational and information resources for suppliers
of hazardous products under the Hazardous Products Act
& Regulations. This Canadian database will be a useful reference
tool going forward as more commonly used hazardous chemicals
are assessed and included on the website.
The U.S. and Canada both have plans to update their GHS
regulations to Revision 7 of the Purple Book. Canada previously indicated
there would be proposed regulations by winter 2019, but
we haven’t heard any word yet. At this point, it is unclear if the
U.S. or Canada will move forward with updating the regulations
before the end of 2020.
Caine
Taylor