03.03.22
The Household & Commercial Products Association (HCPA) tracks more than 500 state legislative proposals per year and engages in all 50 states to protect the best interests of the household and commercial products industry.
While this is not an exhaustive list, the following bills represent priority issue areas for the industry. HCPA’s Government Relations & Public Policy team provides regular updates on relevant legislation; however, members can access this and more information 24/7 through HCPA’s State Matrix, a custom bill tracking software.
Neonicotinoid Pesticides Restrictions
Several states have introduced legislation to restrict the use of neonicotinoid pesticides, including Connecticut, Illinois, New York,Rhode Island and Vermont. The New York State Department of Environmental Conversation (NYSDEC) also announced the intent to reclassify certain neonicotinoid pesticide products as restricted use, effective January 1, 2023. The list of reclassified products can be found at www.dec.ny.gov/chemical/298.html.
HCPA continues to advocate for unrestricted use of neonicotinoid-based products that do not pose a risk to the honeybee population, such as products applied indoors to abate pests, protect pets from diseases caused by pests, and protect structures from pest damage.
First Bill in the Nation to Reclassify Household Products
The Vermont House Committee on Natural Resources, Fish, and Wildlife held several hearings/mark-ups on H.115, An act relating to household products containing hazardous substances. The intent of this bill is to establish an EPR program for products defined as household hazardous waste under the proposed measure. Class A and B pesticide products are intended to be excluded from the program; however, Class C pesticides, as defined by the state, will be included in the text. Products designated as class 2, 3, 4, 5, 6, or 8 hazardous material as defined by the U.S. Department of Transportation’s Hazardous Materials Transportation Act of 1975 are also considered within scope, as well as products managed under The Resource Conservation and Recovery Act (RCRA).
HCPA is working closely with a coalition organized by the Associated Industries of Vermont to oppose this bill and we welcome member engagement on our advocacy concerning H.115.
Activity in New York State
Governor Hochul included an Extended Producer Responsibility (EPR) bill in her executive budget proposal. This bill is similar to New York S 1185C (Kaminsky), which establishes the extended producer responsibility act, and New Jersey A 1444/S 426 (Kennedy/Smith), which requires producers of packaging products sold in the state to adopt and implement packaging product stewardship plans. HCPA expects Governor Hochul's proposal to receive traction.
PFAS Update
Bills to prohibit the sale of products containing intentionally added Perfluoroalkyl and Polyfluoroalkyl (PFAS) substances have been introduced in Maryland, New Hampshire, New York and Rhode Island. These bills are similar to LD 1505,which was signed into law in Maine in 2021.
HCPA’s main concern relates to the overly broad definition of PFAS included in the proposals, and we continue to work with like-minded partners to advocate for a tailored definition of the substance.
California AB 2787– Microplastics
Six years ago, California banned personal care products containing plastic microbeads that are used to exfoliate or cleanse in a rinse-off product, including toothpaste.
This year, the Chair of the Assembly Committee on Environmental Safety and Toxic Materials introduced legislation to prohibit additional products with intentionally added microplastics, including detergents, waxes, polishes, and other personal care products. According to the author, the bill implementation deadline aligns with proposed EU regulations and follows recommendations outlined by the Ocean Protection Council.
Colorado SB 22-131– Pesticide Regulations
Comprehensive legislation in Colorado was introduced last month that would significantly change the landscape of pesticide use in the state. The bill would prohibit the use – or require prior notification – of many important pest management tools used on school grounds or camps. It further restricts common applications, and uses of the neonicotinoid class of pesticides and authorizes local governments to regulate pesticides.
Minnesota HF 3202– Priority Chemicals Program
HF 3202 expands Minnesota’s Toxic Free Kids Act by allowing regulators to ban “priority” chemicals in products if there are feasible safer alternatives. The program is currently limited to children’s products. Producers of products containing a priority chemical would be required to report information about that product to the state, including the number of units sold during the past year.
Prior to joining HCPA, Mike served as Vice President of Public Policy at the Consumer Brands Association (CBA), where he provided strategic guidance on state and federal legislative and regulatory matters for Fortune 500 consumer packaged goods companies.
While this is not an exhaustive list, the following bills represent priority issue areas for the industry. HCPA’s Government Relations & Public Policy team provides regular updates on relevant legislation; however, members can access this and more information 24/7 through HCPA’s State Matrix, a custom bill tracking software.
Legislative Activity and Bills to Watch – East Region:
Neonicotinoid Pesticides Restrictions
Several states have introduced legislation to restrict the use of neonicotinoid pesticides, including Connecticut, Illinois, New York,Rhode Island and Vermont. The New York State Department of Environmental Conversation (NYSDEC) also announced the intent to reclassify certain neonicotinoid pesticide products as restricted use, effective January 1, 2023. The list of reclassified products can be found at www.dec.ny.gov/chemical/298.html.
HCPA continues to advocate for unrestricted use of neonicotinoid-based products that do not pose a risk to the honeybee population, such as products applied indoors to abate pests, protect pets from diseases caused by pests, and protect structures from pest damage.
First Bill in the Nation to Reclassify Household Products
The Vermont House Committee on Natural Resources, Fish, and Wildlife held several hearings/mark-ups on H.115, An act relating to household products containing hazardous substances. The intent of this bill is to establish an EPR program for products defined as household hazardous waste under the proposed measure. Class A and B pesticide products are intended to be excluded from the program; however, Class C pesticides, as defined by the state, will be included in the text. Products designated as class 2, 3, 4, 5, 6, or 8 hazardous material as defined by the U.S. Department of Transportation’s Hazardous Materials Transportation Act of 1975 are also considered within scope, as well as products managed under The Resource Conservation and Recovery Act (RCRA).
HCPA is working closely with a coalition organized by the Associated Industries of Vermont to oppose this bill and we welcome member engagement on our advocacy concerning H.115.
Activity in New York State
Governor Hochul included an Extended Producer Responsibility (EPR) bill in her executive budget proposal. This bill is similar to New York S 1185C (Kaminsky), which establishes the extended producer responsibility act, and New Jersey A 1444/S 426 (Kennedy/Smith), which requires producers of packaging products sold in the state to adopt and implement packaging product stewardship plans. HCPA expects Governor Hochul's proposal to receive traction.
PFAS Update
Bills to prohibit the sale of products containing intentionally added Perfluoroalkyl and Polyfluoroalkyl (PFAS) substances have been introduced in Maryland, New Hampshire, New York and Rhode Island. These bills are similar to LD 1505,which was signed into law in Maine in 2021.
HCPA’s main concern relates to the overly broad definition of PFAS included in the proposals, and we continue to work with like-minded partners to advocate for a tailored definition of the substance.
Legislative Activity and Bills to Watch – West Region
California AB 2787– Microplastics
Six years ago, California banned personal care products containing plastic microbeads that are used to exfoliate or cleanse in a rinse-off product, including toothpaste.
This year, the Chair of the Assembly Committee on Environmental Safety and Toxic Materials introduced legislation to prohibit additional products with intentionally added microplastics, including detergents, waxes, polishes, and other personal care products. According to the author, the bill implementation deadline aligns with proposed EU regulations and follows recommendations outlined by the Ocean Protection Council.
Colorado SB 22-131– Pesticide Regulations
Comprehensive legislation in Colorado was introduced last month that would significantly change the landscape of pesticide use in the state. The bill would prohibit the use – or require prior notification – of many important pest management tools used on school grounds or camps. It further restricts common applications, and uses of the neonicotinoid class of pesticides and authorizes local governments to regulate pesticides.
Minnesota HF 3202– Priority Chemicals Program
HF 3202 expands Minnesota’s Toxic Free Kids Act by allowing regulators to ban “priority” chemicals in products if there are feasible safer alternatives. The program is currently limited to children’s products. Producers of products containing a priority chemical would be required to report information about that product to the state, including the number of units sold during the past year.
Personnel Appointment
In other news, Michael Gruber is joining HCPA's Government Relations & Public Policy team as Senior Vice President. In this position, he will leverage his bi-partisan Capitol Hill and state experience to help drive HCPA's presence, influence and effectiveness across the legislative and regulatory landscapes.Prior to joining HCPA, Mike served as Vice President of Public Policy at the Consumer Brands Association (CBA), where he provided strategic guidance on state and federal legislative and regulatory matters for Fortune 500 consumer packaged goods companies.