New York State Implements Limits on 1,4-Dioxane in Household Products and Cosmetics

The New York State Legislature has amended Environmental Conservation Law (ECL) Article 35 and 37 to limit the amount of 1,4-dioxane in household cleansing, personal care, and cosmetic products. The law sets a maximum allowable concentration of 2 ppm of 1,4-dioxane on December 31, 2022, and 1 ppm on December 31, 2023, for household cleansing and personal care products, and 10 ppm for cosmetics. Manufacturers can apply for a one-year waiver from compliance, up to two times, based on proof that they have reduced the presence of 1,4-dioxane in their products and are still unable to comply with the statutory limits. The DEC Program Policy provides information on approved waivers, and manufacturers can submit a waiver request as early as October 1, 2021. The DEC has published Program Policy DMM-21-02 Guidelines for Waiver Process per ECL 35-0105(6) and ECL 37-0117(7), which outlines the process for manufacturers to submit a waiver request and clarifies the proof required to grant a waiver. The Department of Environmental Conservation has held two virtual public meetings to discuss the implementation of the law.