A judge has issued a decision to invalidate the Household Cleaning Product Information Disclosure Program on the grounds that the New York State Department of Environmental Conservation (NYSDEC) did not follow the proper rule making process, according to the New York State Administrative Procedure Act (SAPA). The basis of this decision was that NYSDEC referred to the Disclosure Program as a “guidance document,” when it is actually a “rule” with binding legal effect. While SAPA does not apply to guidance, it does apply to binding rules, and the judge determined that NYSDEC was required to follow SAPA procedures. Therefore, the Disclosure Program is null.
This decision will force the NYSDEC to file the Disclosure Program from scratch through the rule making process. The NYSDEC will also have to the choice to appeal.
The Household Cleansing Product Information Disclosure Program is similar to the California Cleaning Product Right to Know Act of 2017, which requires cleaning product ingredients to be disclosed on a website or product label. The Household Cleansing Product Information Disclosure Program requires manufacturers of cleaning products sold in New York to disclose chemical ingredients and identify any ingredients that appear on authoritative lists of chemicals of concern on their websites.