Today the California Department of Toxic Substances Control (DTSC) released draft regulations for Safer Consumer Products. The regulations establish a four step science-based process to identify safer consumer products. According to a summary the regulations create a four step process which would:

  1. Establish a chemicals of concern list, consisting of roughly 3,000 chemicals, and specify a method to identify additional chemicals of concern.
  2. Require DTSC to evaluate and prioritize products that contain chemicals on the chemicals of concern list in order to develop a list of “Priority Products” for which an alternative assessment must be conducted.
  3. Require manufacturers, importers and retailers to notify DTSC if their product is one of those on the “Priority Product” list so that DTSC can post it on its website. Responsible entities then must perform an alternatives assessment for the product and the chemicals of concern to determine how to best limit exposure posed by those chemicals.
  4. And lastly the regulations will require DTSC to identify and impose regulatory responses to limit potential adverse public health and or environmental impacts posed by the product or the chemicals and the proposed alternative product and chemicals. 

The regulations will apply to all consumer products that include a chemical on the chemicals of concern list other than the following: products exempted by the Health and Safety Code section 25251, products manufactured, stored in, or transported through California solely for out-of-state use, and a product that DTSC determines is regulated by other federal or California programs.

The draft regulations have some significant changes to them from the original proposal in November 2010. DTSC will hold a workshop for the draft regulations on December 5, 2011 at the Cal/EPA Headquarters building in Sacramento, CA from 9:30am to 3:30 pm. The draft regulations are open for public comment until December 30, 2011.

To view our previous advisories on the DTSC rule making go here and here.