HCPA, Allied Trades Request Delay of NY 1,4-Dioxane Law

The Household & Commercial Products Association (HCPA), in conjunction with allied trade associations, submitted a letter to the Commissioner of the New York State Department of Environmental Conservation (NYSDEC), Basil Seggos, requesting a delay on the effective dates of S4389B, which restricts the manufacture, sale and distribution of household cleaning products containing 1,4-dioxane. HCPA has requested a delay of one-year following the resolution of the COVID-19 public health crisis.

S4389B was passed in December 2019, before the U.S. was hit by the global coronavirus pandemic. At that time, the effective date was thought to give household cleaning product manufacturers enough time to reformulate and meet the requirements of the law. However, HCPA member companies are on the front lines of the COVID-19 pandemic, working around-the-clock to produce the cleaning and disinfecting products that can help stop the spread of coronavirus. As a result, these companies have not had the time, resources or available staff to begin the reformulation process, and are at risk of not being able to sell these critical products in the State of New York.

“HCPA member companies and their workers, deemed essential by the Department of Homeland Security, are some of the many heroes fighting the COVID-19 pandemic and are working tirelessly to protect Americans from this dangerous virus. While our members pride themselves on bringing safe, effective and compliant products to the marketplace, the effective dates of S4389B are simply unobtainable due to this national emergency,” said Steve Caldeira, President & CEO, HCPA. “We respectfully ask Commissioner Seggos to delay the effective dates of the law in order to provide our members with the necessary time to reformulate their products.”

“HCPA has always been committed to working collaboratively with state and federal governments to arrive at responsible, science-based solutions,” said Caldeira. “We understand the important role NYSDEC plays in protecting the health and safety of New Yorkers, and we are hopeful that the Department will exercise their best judgement and delay implementation of S4389B, allowing HCPA member companies to remain focused on their COVID-19 responses.”

In other news, the HCPA Antimicrobial Products Division spoke with senior management from the Environmental Protection Agency’s (EPA) Office of Pesticide Programs (OPP).

HCPA thanked the Agency for all their work in response to the coronavirus pandemic and expressed their support for the Agency’s recent actions to create flexibilities in response to supply chain issues, including allowing companies to change the source of certain ingredients in disinfectants without first notifying the EPA. HCPA explained that these flexibilities also need to be extended to other areas of critical infrastructure that are being impacted by COVID-19, such as sanitizing products at food production facilities, additional hard surface disinfectants, and laundry sanitizer disinfectant products.

The OPP was receptive to these recommendations and asked HCPA for directions on how to implement them. HCPA also plans to review the EPA and CDC guidance that was released prior to the call about cleaning and disinfecting public spaces, workplaces, schools and homes.