California governor Edmund G. Brown has signed Senate Bill 258 (SB 258), the Cleaning Product Right to Know Act, which will require manufacturers of air care, automotive, general cleaning and polish products to disclose all fragrance ingredients beginning on January 1, 2021.
The law will require manufacturers of these produces to disclose all fragrance ingredients above 100 ppm of the finished product, with the exception of being claimed as confidential business information (CBI). CBI can be claimed by suppliers or manufacturers that obtain protection under the Uniform Trade Secret Act or if it is included in the TSCA confidential inventory.
Limitations on claiming CBI include:
- CBI cannot be claimed for any intentionally added ingredients that appear on the designated list of which there are approximately 60-70 fragrance materials.
- CBI cannot be claimed for fragrance allergens present at or above 100 ppm, as required to be listed by the EU Detergents Regulation.
- CBI cannot be claimed for nonfunctional constituents (34 identified substances) present at or above 100 ppm (10 ppm for 1,4 dioxane).
- On the label, fragrance may be used as a descriptor. Manufacturers must disclose either fragrance allergens present at or above 100 ppm (remains 26 EU allergens, regardless of updates) or the statement contains fragrance allergen.
- Online manufacturers must disclose fragrance allergens at or above 100 ppm, as required to be listed by the EU Detergents Regulation (including future updates).
The next step for the finalized version of SB 258 will to send it to the Secretary of State to be chaptered. For a full text of SB 258