Ingredient Disclosure for FIFRA- Regulated Products Presentation to - - PowerPoint PPT Presentation

Ingredient Disclosure for FIFRA- Regulated Products

Presentation to National Pesticide Safety Education Center August 21, 2018

Komal K. Jain, CBC Jim Jones, HCPA

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Background

FIFRA protects against the disclosure

• f commercial or financial

information on registered pesticides Some retailers and one state (CA –SB 258) require product manufacturers to include ingredients traditionally treated as confidential

• n product labels and/or their

websites

Ingredient Listing Initiatives

SB 258 Scope:

• Cleaners
• FIFRA
• Personal Care

Yes Antimicrobials No Yes Anti + Pest Yes Timing

• On-Line
• On-Label

Jan 2020 Jan 2021 (N/A for FIFRA) Start Jan 2015 Start Jan 2018

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States consider bills mimicking CA SB 258

• Maryland legislation failed in committee during 2018 Session
• Additional legislation expected in 2019 Legislative Sessions

New York

• Governor-driven initiative finalized in June 2018 requires online disclosure of

ingredients in cleaning products

• exempts FIFRA-regulated products

CA Prop 65

• New regulations expand Prop 65 warning requirements
• CA and EPA still evaluating how to add Prop 65 warnings to pesticide labels

State Ingredient Disclosure Initiatives

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Walmart Sustainable Chemistry Policy Scope: formulated consumable products – including “Aisle 13” household chemicals Ø Includes some household pest control products and antimicrobial cleaning products

• 2013 - Require suppliers to disclose product formulations through WERCSmart platform

Ø Disclose ingredients above and beyond information required for regulatory compliance

• 2014 - Require suppliers to phase-out “Walmart High Priority Chemicals”
• 2015 - Require suppliers to begin providing full on-line disclosure of ingredients
• 2018 - Expect suppliers to begin providing on-pack disclosure

Target Chemicals Policy & Goals Scope: Target’s own and national brand baby care, personal care and household cleaning products

• Does NOT require on-line or on-pack disclosure
• Require suppliers to provide information (via the UL-WERCSmart platform) about product ingredients including

chemical names and CAS #s by Dec. 31, 2018

• Set goals to achieve transparency to all ingredients including generics such as “fragrance,” in beauty, baby care,

personal care and household cleaning formulated products by 2020

• Set goals to remove “unwanted chemicals” by 2020

Retailer Initiatives

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• Walmart expected companies to begin providing on-pack disclosure by

January 1, 2018 ‒ Disclose all intentionally added ingredients on either the Walmart Priority Chemicals List or the California SB 258 designated list ‒ Provide on-pack disclosure for FIFRA-registered products only as registrants update labels

• Industry needs EPA and state agreement on outstanding issues before labels

can be submitted for EPA review

Walmart On-Pack Disclosure

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Registration submission pathway: Are registrants obligated to submit ingredient(s) in advance of registrant-initiated label changes? If so then how? Location/font size on label: Since ingredient labeling outside the ingredient statement is voluntary, will EPA allow registrants discretion in location and size? Nomenclature for ingredients: Flexibility is needed to protect commercial information per FIFRA Section 10. Scope of ingredient disclosure: Registrants need discretion to choose partial or full disclosure to protect commercial information.

Outstanding Issues

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Location on Label/Font Size

Location of the list of ingredients and font size should be at company’s discretion:

• Label real estate is at a premium
• Issue: Is on-label listing of inert

ingredients in response to retailer/states subject to FIFRA labeling requirements (40 CFR Part 156)?

Ingredient disclosure

• utside of FIFRA

elements

Nomenclature used should not be subject to misbranding EPA or state enforcement

Nomenclature for Ingredients

Use of CA SB 258 options (“hierarchy”) as the model Registrant has ability to use any of the following options:

• Household & Commercial Products Association Consumer Product Ingredients

Dictionary (HCPA Dictionary); OR

• International Nomenclature of Cosmetic Ingredients (INCI); OR
• International Union of Pure and Applied Chemistry nomenclature (IUPAC); OR
• Chemical Abstracts Index name; OR
• Common Chemical Name

For consumer understanding and transparency, and protection of commercial information, companies need flexibility in nomenclature for public-facing disclosure and CSFs

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Scope of Ingredient Disclosure?

The choice to disclose all ingredients or only priority chemicals identified by Walmart or future retailers should be up to registrants:

• Full disclosure may not be practical due to label real estate
• No binding regulation that registrants must list all inerts if
• ne ingredient is disclosed

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Options: Chemicals of Concern or Full Disclosure

Partial Disclosure only

• f chemicals
• n CA SB 258

designated lists Full ingredient disclosure per CA SB 258 requirements

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• Utilize State/EPA and State/EPA/Industry Work Groups to find a

resolution by Fall 2018

• Assess state agency resources:

Ø There are thousands of labels that can be impacted. Ø How will these be processed in an efficient manner?

Our Asks

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QUESTIONS?