In its quest to regulate the global supply chain for over 3,000 ingredients in products sold in California, the California Environmental Protection Agency’s Department of Toxic Substances Control is making it very difficult for anyone in that supply chain to understand how they may be affected by the proposed rules and precluding effective public comment. In its latest piecemealing activity, the California government has released a revised initial statement of reasons, or ISOR, for public comment on December 20, 2012 with comments due by January 22, 2013. See notice here. Only three weeks ago on November 30, 2012, it released a set of 10 scientific peer review documents and requested comment by January 4, 2013. See notice here. The revised draft regulations are expected to be released on January 2, 2013 and the public is likely to be required to provide comment in cascading form in another three weeks. This pattern of piecemealing parts of this ambitious regulatory proposal has been ongoing for years, and as we have previously blogged, has a questionable legal foundation (see here).
This procedural piecemealing effectively denies the public due process of law, and is compounded by the fact the draft regulations released on July 27th (see here) do little more than provide an outline for procedure that the agency intends to follow, while disclosing almost none of the substance of what product manufacturers, importers, and retailers, will have to face – further diluting the ability of impacted parties to meaningfully participate in the process.