ISSA Issues Update on New York 1,4-Dioxane LawNovember 15, 2022
ISSA wanted to remind our members know that effective December 31, 2022, personal care, household, and commercial cleaning products containing 1,4-dioxane in concentrations greater than two-parts per million (ppm) cannot be sold or offered for sale in New York State. In addition, cosmetic products containing 1,4-dioxane in concentrations greater than ten ppm cannot be sold or offered for sale in New York.
Waiver Requests – The law allows a manufacturer to apply for a one-year waiver from compliance, up to two times. The New York State Department of Energy Conservation (DEC) Program Policy DMM-21-02 sets forth the process for manufacturers to submit a waiver request and clarifies the proof that the department will require to grant a waiver. The DEC will respond to applications in a timely manner and will take no longer than six months to approve or deny an application. Additionally, please note that waivers granted on or before December 31, 2022 are effective starting December 31, 2022 until December 30, 2023.
Regulations – Regulations to implement the law are forthcoming. The DEC is in the process of developing regulations to implement the law limiting 1,4-dioxane in household cleansing, personal care, and cosmetic products and will keep interested stakeholders informed as the rulemaking progresses.
Additional Information – For more information about the law that bans 1,4-dioxane, please visit the New York State Department of Environmental Conservation’s webpage.