FILED ON: 6/9/2016
HOUSE . . . . . . . . . . . . . . . No. 4415
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The Commonwealth of Massachusetts
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In the One Hundred and Eighty-Ninth General Court
(2015-2016)
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An Act requiring disclosure of solvents used in dry cleaning.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 111 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding after section 235 the following section:—
Section 236. (a) The following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Dry Cleaner”, a business that removes soil, greases, paints and other unwanted substances from garments.
“Dry Cleaning Solvent”, a chemical other than water used to remove soil, greases, paints and other unwanted substances from garments, including perchloroethylene, n-propyl bromide, and other organic solvents, including high flashpoint hydrocarbons, acetals, and glycol ethers, and siloxanes.
“Professional Wet Cleaning”, a water-based process to clean textiles (including wool, silk, rayon, natural and man-made fibers) that uses specialized washers and dryers, detergents, and specialized finishing equipment.
(b) Not later than January 1, 2017, dry cleaners using a dry cleaning solvent system are required to post the following information for full disclosure to their customers, neighbors and employees. The purpose of the posting is to permit consumers to gain information about the composition and potential risks associated with their use.
(c) Dry cleaners that use one or more solvents for garment cleaning shall post in a conspicuous location in the facility a sign (8 ½ x 11 inches) that includes the name of the dry cleaner, the commercial brand name of the primary solvent used (e.g. DF2000TM Fluid; Green Earth®, Solvon K4, Solvair®), the chemical name of the solvent used (e.g. perchloroethylene, n-propyl bromide, hydrocarbon), and the name of the manufacturer of the solvent.
(d) Cleaners that use water as their primary solvent (i.e., professional wet cleaning) are exempt from this requirement.
(e) The sign shall include the following words: “The primary chemical substance(s) used at this dry cleaning facility is(are) _______________. Information about the hazardous chemical substance used at this dry cleaning facility can be found on the website of the Massachusetts Department of Environmental Protection and on the Material Safety Data Sheet, which may be read at www.mass.gov/dep/drycleanermsds.”
(f) The sign shall also include the following color coded message for each chemical used:
RED (Perchloroethylene and n-PB): “This substance has been designated as a Higher Hazard Substance under the Massachusetts Toxics Use Reduction Act. Avoid due to significant human health and/or environmental hazards”
ORANGE (Siloxane): “Use with caution. Health and/or environmental hazards exist."
YELLOW (Hydrocarbon, Acetal, Propylene Glycol Ethers): “Use with caution. Safer solvent, yet health and/or environmental hazards exist."
(g) Solvents included as an ingredient in spot cleaners in excess of 10% of the product are required to be included as described in provision (e) above.
(h) The Department of Environmental Protection shall post on its website a template of the sign to be used.
(i) The Department of Environmental Protection shall post on its website a Material Safety Data Sheet for each category of solvents used in dry cleaning. In addition, the Department shall post on its website a full report and summary of environmental, health, and safety information about each solvent published by the Massachusetts Toxics Use Reduction Institute.
(j) If the primary chemical substance used at the dry cleaning facility is designated as a Higher Hazard Substance under the Massachusetts Toxics Use Reduction Act (Chapter 21I), the sign shall include the following additional words in bold red font: “This substance has been designated as a Higher Hazard Substance under the Massachusetts Toxics Use Reduction Act.”
(k) The department of environmental protection shall adopt regulations to implement this section within one year of the effective date of this act.