text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Cleaning Product Right to Know Act 
  of 2011''.
  
  SEC. 2. CLEANING PRODUCTS LABELING REQUIREMENT.
  
      (a) Labeling Requirement.--Beginning 1 year after the date of 
  enactment of this Act, a cleaning product manufactured for sale, 
  offered for sale, distributed in commerce, or imported to the United 
  States after such date shall bear a label on the product's container or 
  packaging with a complete and accurate list of all the product's 
  ingredients, including the individual ingredients in dyes, fragrances, 
  and preservatives. Ingredients shall be listed in accordance with the 
  following:
              (1) Each ingredient shall be listed by the name assigned to 
          it by the International Nomenclature of Cosmetic Ingredients. 
          If there is no such name, by the name assigned to it by the 
          International Union of Pure and Applied Chemistry. If there is 
          no such name, the ingredient may be listed by its common 
          chemical name.
              (2) Ingredients shall be listed in descending order of 
          predominance in the product by weight, other than ingredients 
          that constitute less than 1 percent of the product, which may 
          be listed at the end in any order.
      (b) Exemptions.--
              (1) Exemption for undetectable ingredients.--The Commission 
          may exempt from the labeling requirement an ingredient that is 
          present in a cleaning product at such low levels that detection 
          of the ingredient in the product is not technologically 
          feasible.
              (2) Exemption for ingredients constituting trade secrets.--
                      (A) In general.--An ingredient may be exempt from 
                  the labeling requirements of this section if the 
                  manufacturer demonstrates to the Commission that such 
                  ingredient is a trade secret, as determined by the 
                  Commission under subparagraph (D), based on a claim 
                  submitted by the manufacturer under subparagraph (B). 
                  An exemption for an ingredient under this paragraph 
                  shall be for a period of 5 years, after which the 
                  manufacturer may again submit a claim for an additional 
                  5-year exemption.
                      (B) Claims of trade secrecy.--A manufacturer making 
                  a claim that an ingredient is a trade secret shall file 
                  such claim with the Commission. Such claim shall 
                  contain--
                              (i) the identity of the person making the 
                          claim;
                              (ii) a brief description of the information 
                          for which trade secret protection is being 
                          claimed;
                              (iii) the period of time for which trade 
                          secret protection is claimed and a 
                          justification for the period selected;
                              (iv) the extent to which the information is 
                          known by employees or others involved with the 
                          facility or business, and whether or not those 
                          individuals with knowledge are bound by non-
                          disclosure agreements;
                              (v) the extent to which the information is 
                          known outside of the facility or business of 
                          the person, and whether or not individuals with 
                          such knowledge are bound by non-disclosure 
                          agreements;
                              (vi) the measures taken to restrict access 
                          to and safeguard the information, and whether 
                          or not the person plans to continue utilizing 
                          such measures;
                              (vii) copies of, or references to, any 
                          pertinent confidentiality determinations 
                          previously made by any public agencies;
                              (viii) the estimated dollar value of the 
                          claimed information to the person's facility or 
                          business, and to that person's competitors;
                              (ix) the amount of effort or money expended 
                          by the person's facility or business in 
                          developing the information;
                              (x) the ease or difficulty with which the 
                          information could be properly acquired, 
                          duplicated or reverse-engineered by others;
                              (xi) a description of the nature and extent 
                          of substantial harm that would be caused if the 
                          information were made public, including an 
                          explanation of the causal relationship between 
                          disclosure and the harmful effects claimed;
                              (xii) the signature of the person's general 
                          counsel or other executive with knowledge of 
                          the preparation of the substantiating 
                          information certifying under penalty of 
                          perjury, based upon the knowledge and belief of 
                          the signatory, that--
                                      (I) the substantiating information 
                                  is true, accurate, and complete;
                                      (II) the information for which 
                                  trade secret protection is claimed is 
                                  not otherwise publicly available; and
                                      (III) there is a reasonable basis 
                                  to assert trade secret protection for 
                                  the information so claimed; and
                              (xiii) the name, mailing address, telephone 
                          number and email address of the individual to 
                          be contacted if any additional information is 
                          needed by the Commission to make a 
                          determination.
                      (C) Limitation.--No ingredient may be claimed as a 
                  trade secret if such ingredient--
                              (i) is publicly know to be in the product;
                              (ii) can be discovered through a standard 
                          process of reverse engineering;
                              (iii) is a hazardous substance within the 
                          meaning of section 2(f) of the Federal 
                          Hazardous Substances Act (15 U.S.C. 1261(f)); 
                          or
                              (iv) is a substance--
                                      (I) meeting the criteria for 
                                  category 1 or category 2 for any of the 
                                  toxicity endpoints established by the 
                                  Globally Harmonized System for the 
                                  Classification and Labeling of 
                                  Hazardous Substances that causes an 
                                  adverse effect that has been 
                                  demonstrated in humans or other exposed 
                                  organisms; or
                                      (II) for which the weight of 
                                  evidence (such as demonstration of an 
                                  adverse effect, laboratory studies, or 
                                  data for a chemical from the same 
                                  chemical class that exhibits that 
                                  adverse effect) demonstrates the 
                                  potential for an adverse effect in 
                                  humans or other exposed organisms, 
                                  including actual or potential effects 
                                  of exposure to the chemical substance 
                                  or mixture on mortality, morbidity, 
                                  including carcinogenesis, reproduction, 
                                  growth and development, the immune 
                                  system, the endocrine system, the brain 
                                  or nervous system, other organ systems, 
                                  or any other biological functions in 
                                  humans or nonhuman organisms.
                      (D) CPSC determination.--As promptly as practicable 
                  after receiving the information submitted by a 
                  manufacturer, the Commission shall make a determination 
                  on the basis of such information as to whether the 
                  ingredient is a legitimate trade secret and shall 
                  notify the manufacturer of its determination.
      (c) Treatment Under the FHSA.--A cleaning product that is not in 
  conformity with the labeling requirements of subsection (a) and not 
  exempt from such requirements pursuant to subsection (b) shall be 
  treated as a substance defined in section 2(p) of the Federal Hazardous 
  Substances Act (15 U.S.C. 1261(p)) for purposes of such Act.
      (d) No Effect on Existing Labeling Requirements.--Nothing in this 
  Act shall be interpreted as having any effect on any labeling 
  requirements in effect before the date of enactment of this Act as 
  described in section 2(p) of the Federal Hazardous Substances Act (15 
  U.S.C. 1261(p)).
      (e) Rulemaking Authority.--The Commission may issue such 
  regulations it determines necessary to provide for the effective 
  enforcement of this Act, and shall consult with the Administrator of 
  the Environmental Protection Agency as necessary.
  
  SEC. 3. PUBLIC RIGHT TO KNOW PETITION.
  
      (a) Petition.--Any person may submit a petition to the Commission 
  alleging that a cleaning product available in interstate commerce does 
  not satisfy the labeling requirements of this Act.
      (b) Action by the Commission.--The Commission shall notify a 
  petitioner of the receipt of a petition within 30 days after receipt of 
  such petition. The Commission shall investigate the claims made by the 
  petition and make a determination as to the validity of such claims 
  within 180 days after acknowledging the receipt of such petition. If 
  the Commission sustains the claim or claims made by the petition, the 
  Commission shall initiate the proper enforcement actions required by 
  law.
      (c) Regulations.--The Commission may issue such regulations as it 
  determines necessary to require that petitions include a reasonable 
  evidentiary basis for the claims made therein.
  
  SEC. 4. REQUIRED INTERNET DISCLOSURE.
  
      (a) Manufacturer Disclosure.--Each manufacturer of a cleaning 
  product shall make available in a clear and conspicuous location on the 
  website of such manufacturer, if the manufacturer maintains a website, 
  a complete list of each of the manufacturer's cleaning products' 
  ingredients not later than 6 months after the date of enactment of this 
  Act.
      (b) Content and Requirements of Disclosure.--The disclosure 
  required by subsection (a) shall--
              (1) name and list the product's ingredients in the manner 
          prescribed in section 3;
              (2) be reviewed every 120 days and revised as necessary to 
          reflect changes to cleaning products;
              (3) include the appropriate Chemical Abstract Services 
          number for each ingredient;
              (4) identify any potential adverse health effect of each 
          ingredient in the cleaning product and use the appropriate 
          signal word or hazard descriptor as prescribed in section 2(p) 
          of the Federal Hazardous Substances Act (15 U.S.C. 1261(p)); 
          and
              (5) be sortable by product, ingredient, adverse health 
          effect, and other categories as determined by the Commission.
      (c) Commission Disclosure.--Promptly after the date set forth in 
  subsection (a), the Commission shall provide on the website of the 
  Commission a web page that aggregates the information made available by 
  manufacturers under such subsection and that allows users to compare 
  products made by different manufacturers. Such web page shall be 
  reviewed every 6 months and revised as necessary to reflect changes to 
  cleaning products.
      (d) Language Accessibility.--The disclosures required to be made on 
  a website or web page subject to this section shall be available in 
  English, Spanish, and any other language the Commission determines 
  necessary to ensure that users of a cleaning product in the United 
  States are informed as to the complete list of the product's 
  ingredients and potential adverse health effects.
  
  SEC. 5. ENHANCED PENALTIES.
  
      Section 5(c)(1) of the Federal Hazardous Substances Act (15 U.S.C. 
  1264(c)(1)) is amended by striking ``$15,000,000'' and inserting 
  ``$30,000,000''.
  
  SEC. 6. REPORTING.
  
      Not later than 2 years after the date of enactment of this Act and 
  every 2 years thereafter, the Commission shall prepare a report on 
  compliance with the labeling requirement of this Act and the 
  enforcement activities of the Commission, and shall transmit such 
  report to Congress and make it publicly available on the Internet.
  
  SEC. 7. PREEMPTION.
  
      Nothing in this Act affects the right of a State or political 
  subdivision of a State to adopt or enforce any regulation, requirement, 
  or standard of performance that is different from, or in addition to, a 
  regulation, requirement, liability, or standard of performance 
  established pursuant to this Act unless compliance with both this Act 
  and the State or political subdivision of a State regulation, 
  requirement, or standard of performance is impossible, in which case 
  the applicable provision of this Act shall control.
  
  SEC. 8. DEFINITIONS.
  
      In this Act:
              (1) Adverse health effect.--The term ``adverse health 
          effect'' means a chemical or biochemical change, anatomic 
          change, or functional impairment, or a known precursor to such 
          a change or impairment, that--
                      (A) has the potential to impair the performance of 
                  an anatomic structure of a vital system of an organism 
                  or progeny of an organism;
                      (B) causes irreversible change in the homeostasis 
                  of an organism;
                      (C) increases the susceptibility of an organism or 
                  progeny of an organism to other chemical or biological 
                  stressors or reduces the ability of an organism or 
                  progeny of an organism to respond to additional health 
                  or environmental challenges; or
                      (D) affects, alters, or harms the environment such 
                  that the health of humans or other organisms is 
                  directly or indirectly threatened.
              (2) Air care product.--The term ``air care product'' means 
          a chemically formulated consumer product designed to clean and 
          freshen air or to deodorize and neutralize unwanted odors in 
          the indoor air, including solid gels, air freshener spray, an 
          outlet or battery operated air freshener, a hanging car air 
          freshener, and a potpourri product.
              (3) Automotive product.--The term ``automotive product'' 
          means a chemically formulated consumer product designed to 
          maintain the appearance of a motor vehicle, but does not 
          include automotive paint or a paint repair product.
              (4) Cleaning product.--The term ``cleaning product'' means 
          any product used primarily for commercial, domestic, or 
          institutional cleaning purposes, including an air care product, 
          automotive product, disinfectant (except as provided in 
          subparagraph (B)), and polish or floor maintenance product. 
          Such term shall not include--
                      (A) any drug or cosmetics, including a personal 
                  care items such as toothpaste, shampoo, and hand soap; 
                  or
                      (B) a product labeled, advertised, marketed, and 
                  distributed for use only as a pesticide, as defined by 
                  section 2(u) of the Federal Insecticide, Fungicide and 
                  Rodenticide Act (7 U.S.C. 136(u)), including a 
                  disinfectant intended for use solely on critical or 
                  semi-critical devices as described by such section.
              (5) Commission.--The term ``Commission'' means the Consumer 
          Product Safety Commission.
              (6) Ingredient.--The term ``ingredient'' means a chemical 
          in a cleaning product, including--
                      (A) a chemical that provides a technical or 
                  functional effect;
                      (B) a chemical that has no technical or functional 
                  effect but is present by reason of having been 
                  incorporated into the cleaning product as an ingredient 
                  of another chemical;
                      (C) a processing aid that is present by reason of 
                  having been added to a cleaning product during the 
                  processing of such cleaning product;
                      (D) any substance that is present by reason of 
                  having been added to a cleaning product during 
                  processing for its technical or functional effect;
                      (E) any contaminant that may leach from container 
                  materials or form via reactions over the shelf life of 
                  a cleaning product and that may be present at levels 
                  where detection is technologically feasible;
                      (F) with respect to a fragrance or preservative, 
                  each individual component part of the fragrance or 
                  preservative by its individual name; and
                      (G) any individual component of a petroleum-
                  derived, animal-derived, or other ingredient that the 
                  Commission determines be considered an ingredient.
              (7) Polish or floor maintenance product.--The term ``polish 
          or floor maintenance product'' means a chemically formulated 
          consumer product designed to polish, protect, or maintain 
          furniture, floors, metal, leather, or other surfaces, including 
          polish, wax, and restorer.
target: Cleaning Product Right to Know Act of 2011 - Requires a cleaning product manufactured or offered for sale, distributed in commerce, or imported into the United States to bear a label listing each of its ingredients: (1) by the name assigned by the International Nomenclature of Cosmetic Ingredients or, if there is no such name, by the name assigned by the International Union of Pure and Applied Chemistry or, if there is none, by its common chemical name; and (2) in descending order of predominance by weight, except that ingredients that constitute less than 1% of the product can be listed at the end in any order.
  
  Allows the Consumer Product Safety Commission (CPSC) to exempt from such labeling requirement: (1) an ingredient that is present in a product at such low levels that detection is not technologically feasible, or (2) for five-year periods, an ingredient that a manufacturer demonstrates to be a trade secret. Sets forth required disclosures for, and limitations to, a manufacturer's claim that an ingredient is a trade secret.
  
  Requires a product that is not in conformity with the labeling requirements and not exempt to be treated as a misbranded hazardous substance under the Federal Hazardous Substances Act (FHSA). Increases penalties for violations of FHSA.
  
  Authorizes any person to petition the CPSC to investigate claims that a product does not satisfy the labeling requirements.
  
  Requires: (1) each cleaning product manufacturer to make available on its website a complete list of ingredients for each product, including any potential adverse health effect of each ingredient; and (2) CPSC to provide on its website aggregated information that allows users to compare products made by different manufacturers.
feat_title: To require ingredient labeling of certain consumer cleaning products, and for other purposes.