Draft Three Year Priority Product Work Plan (2018-2020)
February 2018 Safer Consumer Products Branch Department of Toxic Substances Control
Author: Robert Brushia, Ph.D. Research Scientist III DTSC's Safer Products and Workplaces Program
Primary Reviewer: Meredith Williams, Ph.D. Deputy Director DTSC's Safer Products and Workplaces Program
Editor: Brian Taylor Information Officer DTSC
The Author wishes to acknowledge the following DTSC staff for the helpful discussion and ideas that contributed to the preparation of this Work Plan: Heather Lee, Hazardous Substances Engineer; Xiaoying Zhou, Senior Hazardous Substances Engineer; Christine Papagni, Senior Environmental Scientist; Karl Palmer, Environmental Program Manager I; Nancy Ostrom, Senior Hazardous Substances Scientist (Supervisory); Tony Luan, Senior Hazardous Substances Engineer I; Andr Algazi, Senior Hazardous Substances Scientist (Supervisory)
Table of Contents
1.0 Introduction and Background ................................................................................................................. 4 How Did DTSC Choose Product Categories?............................................................................................. 5
2.0 Goals and Policy Statements................................................................................................................... 5 3.0 Product Categories.................................................................................................................................. 7
Beauty, Personal Care, and Hygiene Products.......................................................................................... 8 Cleaning Products ................................................................................................................................... 10 Household, School, and Workplace Furnishings and Dcor ................................................................... 13 Building Products and Materials Used in Construction and Renovation................................................ 15 Consumable Office, School, and Business Supplies ................................................................................ 16 Food Packaging ....................................................................................................................................... 17 Lead-Acid Batteries ................................................................................................................................. 19 4.0 Implementation of the Work Plan ........................................................................................................ 20 5.0 Notes on Terminology........................................................................................................................... 20 References .................................................................................................................................................. 21
1.0 Introduction and Background
The mission of the Department of Toxic Substances Control (DTSC, or "Department") Safer Consumer Products (SCP) Program is to advance the design, development, and use of products that are chemically safer for people and the environment.
The SCP Program is charged with accelerating the quest for safer chemicals in consumer products. Through a robust and transparent process, the SCP regulations aim to reduce toxic chemicals in consumer products, create new business opportunities in the emerging green chemistry industry, and help consumers and businesses identify what chemicals are in the products they buy. To accomplish these goals, the regulations establish a four-step process:
1. Identifying potential harmful chemicals and designating those as Candidate Chemicals; 2. Evaluating the safety of those chemicals in specific products and listing potentially harmful
product-chemical combinations in regulation as Priority Products; 3. Requiring manufacturers to assess potentially safer alternatives for listed Priority Products
through a robust Alternatives Analysis process; and then 4. Determining how best to minimize the potential for adverse impacts to human health and the
environment through appropriate regulatory responses.
Release of the Work Plan initiates a process that gives stakeholders an opportunity to do two things: participate in the prioritization planning process, and provide DTSC with information to make sound prioritization decisions. DTSC's Safer Consumer Product regulations require that the Work Plan include two elements:
1. A description of "the product categories that the Department will evaluate to identify productchemical combinations to be added to the Priority Products list during the subsequent three years"; and
2. A "general explanation of the decision to select the identified product categories for evaluation."
This Work Plan provides a general explanation of how DTSC selected the specific product categories and brief descriptions of the selected categories. It is intended to provide a higher level of predictability regarding potential regulatory actions DTSC will take in the future.
After DTSC published the first Priority Product Work Plan in April 2015, the SCP Program facilitated stakeholder engagement through workshops and webinars on Work Plan chemicals and product groups under evaluation, and met directly with many interested stakeholders. Engagement with stakeholders on the 2015-2017 Work Plan included:
x Opportunities for public input on the Draft Work Plan x A webinar providing an overview of DTSC's progress toward Priority Product selection and
outline opportunities for input (November 15, 2016) x A public workshop, "Perfluoroalkyl and Polyfluoroalkyl Substances in Carpets, Rugs, Indoor
Upholstered Furniture, and Their Care and Treatment Products" (January 31, 2017) x A webinar, "Stakeholder Discussion of Aquatic Monitoring and Hazard Traits of NPEs and
Triclosan" (January 11, 2017)
x A public workshop, "Potential Aquatic Impacts and Continued Uses of Nonylphenol Ethoxylates and Triclosan" (February 8, 2017)
x A public workshop, "Potential Health and Safety Impacts of Chemicals in Nail Products" (March 2, 2017)
x A public workshop, "Lead-Acid Batteries and Alternatives" (November 6, 2017)
We will continue to engage stakeholders in a variety of forums throughout implementation of the 20182020 Work Plan.
Extensive stakeholder feedback was used to shape this Draft Work Plan. As the SCP Program continues to implement the regulations through the final 2018-2020 Work Plan, it will build on the first Work Plan. To that end, this Work Plan provides a measure of continuity from the 2015-2017 Work Plan by maintaining similar policy priorities and continuing to evaluate several product categories. This will allow DTSC to continue active product research and to build on the knowledge gained about the chemicals and products in the prior Work Plan.
How Did DTSC Choose Product Categories?
DTSC used a broad approach to choose the product categories identified in this Work Plan. With the wide array of factors to consider, we used stakeholder input, the goals and policy statements described in section 2.0, and our discretion under the SCP regulations to select product categories.
DTSC invited any interested stakeholder to submit Work Plan product category recommendations from October 6, 2017, through November 6, 2017. All comments received during that comment period, as well as the more than three hundred public comments received regarding the 2015-2017 Work Plan, were carefully considered in choosing the product categories for this Work Plan. A variety of stakeholders submitted comments, including industry trade associations, the public, non-governmental organizations, other California state boards, departments, offices, and agencies, the U.S. Environmental Protection Agency, and academic researchers.
DTSC will work over the next three years to move from the broad categories identified in this plan to specific product-chemical combinations that warrant consideration as potential Priority Products. DTSC will then engage in a formal rulemaking process to identify specific product-chemical combinations as Priority Products.
2.0 Goals and Policy Statements
DTSC established the following goals for the 2018-2020 Work Plan: x To protect children from exposures to harmful chemicals, especially carcinogens, mutagens, reproductive toxicants, neurotoxicants, developmental toxicants, and endocrine disruptors. x To protect California's valuable and limited water resources and aquatic ecosystems from consumer-product derived chemical contamination. x To protect Californians from exposure to harmful chemicals found in the indoor environment. x To address exposures from harmful chemicals that migrate from consumer products into food.
To help achieve these goals, DTSC adopted the following policy statements:
1. DTSC will strive to protect children, women of child-bearing age, and pregnant women from exposures to harmful chemicals, especially carcinogens, mutagens, reproductive toxicants, neurotoxicants, developmental toxicants, and endocrine disruptors.
Children are especially susceptible to environmental toxicants like carcinogens, mutagens, reproductive toxicants, developmental toxicants, neurotoxicants, and endocrine disruptors. As they grow, children are more susceptible to harm from genetic damage and developmental toxins than adults. At the same time, certain exposure pathways are unique to children and can increase the amount of chemicals they are exposed to from the environment. Chemical exposures occur even before birth in utero. Post-natal ingestion may occur through breast milk and food sources or through non-dietary means such as hand-to-mouth behavior. Increased vulnerability coupled with increased exposures drives concern about this sensitive sub-population.
2. DTSC will strive to protect California's valuable and limited water resources and aquatic ecosystems from consumer-product derived chemicals contamination.
Many chemicals in consumer products are washed down the drain or transported in runoff to contaminate aquatic ecosystems. Some of these chemicals may not be removed by wastewater treatment plants. Untreated chemicals may be discharged from treatment plants to surface waters where they may adversely impact fish and other wildlife or end up in drinking water. Further, storm water typically flows directly to water bodies without treatment, carrying any pollutants with it.
3. DTSC will strive to protect Californians from chemicals found in the indoor environment.
People spend much of their time indoors in their homes, places of employment, and schools. Chemicals released from products found indoors may accumulate in the indoor environment and present a cumulative exposure risk. The chemical content of durable goods found in the indoor environment may be especially impactful because of the long-term implications for exposures.
4. DTSC will strive to protect Californians from chemicals that migrate into food from food packaging.
A number of studies have shown that chemicals can migrate directly into food from some consumer products. Because some chemicals can move from product packaging into food, potential exposures to Californians may be significant and widespread. Numerous stakeholders identified this category as important and requested that DTSC address this route of exposure.
As DTSC evaluates product categories through the lens of these policy goals, we will take steps to consider especially vulnerable populations, and all of California's citizens. Note that a variety of other factors may also be considered depending on the nature of specific products. These factors may include,
for example: whether products in the category may disproportionately affect people who live or work in environmental justice communities; whether products in the category may disproportionately affect workers; the availability of biomonitoring data; or the potential for long-term or repeated exposures to Candidate Chemicals.
3.0 Product Categories
DTSC selected seven product categories that align with the Work Plan goals and policy statements. Five categories have been carried over from the 2015-2017 Work Plan:
x Beauty, personal care, and hygiene products x Cleaning products x Household, school, and workplace furnishings and dcor x Building products and materials used in construction and renovation x Consumable office, school, and business supplies Note that the names and definitions of some these carry-over categories have been modified from the 2015-2017 Work Plan for clarity or consistency with industry or regulatory naming conventions or to change the category scope.
DTSC has also added two additional categories food packaging and lead-acid batteries. Clothing products and fishing and angling equipment will not be evaluated under this Work Plan. DTSC acknowledges that there are many other product categories that could have been included in this Work Plan, and other categories will be considered for subsequent Work Plans.
DTSC has endeavored to describe each product category in clear and concise terms. Where possible, DTSC has relied on existing statutory or regulatory definitions to help describe product categories.1 This is important in providing clarity to the regulated community. It provides an opportunity for manufacturers to take proactive measures to consider the role of and necessity for any harmful chemicals in their products. As DTSC works to evaluate these product categories, we will engage product manufacturers and other stakeholders to gather additional information that will help to identify and evaluate products within each category.
The Work Plan does not specifically identify any product-chemical combinations as Priority Products, but only identifies categories from which we will propose future Priority Products. Per the regulations, we may only designate a Priority Product that falls within one of these categories unless we are instructed to take action on a chemical, product, or both through a legislative mandate or executive order, or if we grant a petition to add a product-chemical combination.2
We may solicit information from manufacturers and their supply chain partners as well as trade associations and others with relevant expertise. We may also: make targeted information requests to
1 The Safer Consumer Product Regulations require DTSC to consider a variety of factors in evaluating products, including existing regulatory programs. In implementing this Work Plan, DTSC will carefully consider existing regulatory programs to avoid conflict with existing laws. 2 The petition process is set forth in CAL. CODE REGS. tit. 22, 69504-69504.1.
specific industry sectors; gather information through public workshops and comment periods; and issue "information call ins" as described in the SCP regulations.3 In keeping with our commitment to transparency, we will make as much of this information as possible publicly available consistent with the protections for trade secrets outlined in our regulations. We expect to engage in discussion with industry experts about product formulations, supply chain considerations, and industrial toxicology studies among other topics that can expand and refine our knowledge for the purposes of selecting Priority Products.
Beauty, Personal Care, and Hygiene Products
This category includes products that make contact with, or are intended to be rubbed, poured, sprinkled, sprayed on, or otherwise applied to the body for the purpose of maintaining hygiene, cleansing, beautifying, or altering the appearance.4 Examples of products in this category include cosmetics, hair care products, personal care products, and skin care products such as soaps, lotions, and cleansers. Many of these products are commonly found in the health and beauty sections of drug and department stores or used in spas and salons. This category was also included in the 2015-2017 Work Plan.
Californians use products in this category on a regular basis, and many contain Candidate Chemicals. According to surveys, the average person uses between six and 12 personal care products each day. According to a 2010 study of personal care product use in California households, personal care products are widely and frequently used by all ages, sexes, and socioeconomic groups . Many products in that study were used daily, and many were used multiple times a day. Higher use of these products among women may be especially important for women of child-bearing age. Concurrent use of different products containing the same chemicals may contribute to aggregate exposures to those chemicals. Exposure to multiple chemicals in personal care products raises questions about chemical interactions and the effects of chemical mixtures.
There is a potential for prolonged and continual exposures to the Candidate Chemicals contained in personal care products because of repeated use and because some are designed to remain on the hair or skin for long periods of time. Products in this category may release volatile chemicals, vapors, or mists that increase the potential risk of inhalation exposures. According to data collected through the California Safe Cosmetics Program between 2009 and 2015, over 57,000 cosmetic products from nearly 500 manufacturers sold in California contained one or more of 77 unique chemicals identified as a carcinogen or a reproductive or developmental toxicant. Table 1 shows examples of some Candidate Chemicals that may be found in these products.
3 CAL. CODE REGS. tit. 22, 69501.4(b)(2). 4 Part of this description was taken from the definition of "Cosmetics" in section 321, paragraph (i) of the federal Food, Drug and Cosmetics Act: https://www.gpo.gov/fdsys/pkg/USCODE-2010-title21/pdf/USCODE-2010-title21chap9-subchapII-sec321.pdf. Although the Beauty, Personal Care, and Hygiene Products category in this Work Plan may contain products that aren't normally considered "cosmetics," the federal definition provides a good description of many types of products that may be included in this category.
Table 1. Selected examples of Candidate Chemicals found in beauty, personal care, and hygiene
Chemicals or Chemical
Protection against ultraviolet (UV)
Constituent of plastic coatings on
Protection against UV radiation
Volatile organic compounds
Biomonitoring data demonstrate human exposures to some of the Candidate Chemicals that may be found in these products [2, 3]. Additionally, the health of workers, including workers who live or work in environmental justice communities, may be adversely impacted by exposure to Candidate Chemicals in beauty, personal care, and hygiene products.
The Candidate Chemicals in these products may also impact the aquatic environment and drinking water. Some personal care products are designed to be rinsed off after they are applied; others may inadvertently be washed down the drain when people wash their hands or bathe. Products that are washed down the drain could be transported to surface waters, where the Candidate Chemicals may adversely impact fish and other wildlife or drinking water. The U.S. Geological Survey has detected personal care products in effluent from wastewater treatment plants  an indication of inadequate removal of the chemical by the treatment plant.
DTSC will continue research on this category with a focus on chemicals and endpoints related to children, women of child-bearing age, and aquatic impacts. Special consideration may be given to workers who use these products.
This product category comprises air care products, automotive products, general cleaning products, or polish or floor maintenance products used primarily for janitorial, domestic, or institutional cleaning purposes. This conforms to the definition of "Designated Products" in the California Cleaning Product Right to Know Act of 2017.5 These sub-categories are further defined in the Act:
x "Air care product" means a chemically formulated consumer product labeled to indicate that the purpose of the product is to enhance or condition the indoor environment by eliminating unpleasant odors or freshening the air. Air fresheners are an example.
x "Automotive product" means a chemically formulated consumer product labeled to indicate that the purpose of the product is to maintain the appearance of a motor vehicle, as defined in Section 670 of the Vehicle Code, including products for washing, waxing, polishing, cleaning, or treating the exterior or interior surfaces of motor vehicles. "Automotive product" does not include automotive paint or paint repair products.
x "General cleaning product" means a soap, detergent, or other chemically formulated consumer product labeled to indicate that the purpose of the product is to clean, disinfect, or otherwise care for fabric, dishes, or other wares; surfaces include, but are not limited to, floors, furniture, countertops, showers, and baths or other hard surfaces such as stovetops, microwaves, and other appliances.
x "Polish or floor maintenance product" means a chemically formulated consumer product, such as polish, wax, or a restorer, labeled to indicate that the purpose of the product is to polish, protect, buff, condition, temporarily seal, or maintain furniture, floors, metal, leather, or other surfaces.
This product category was also included in DTSC's 2015-2017 Work Plan.
Cleaning products are ubiquitous used on a regular basis for a wide variety of applications. People may be exposed to Candidate Chemicals in these products both during and after use. People may get cleaning products directly on their skin or in their eyes. They may inhale vapors from volatile Candidate Chemicals emitted by cleaning products. This may be especially problematic when cleaning products are used indoors where ventilation may not be adequate.
5 CAL. HEALTH & SAF. CODE 108952(a), (b), (f) & (n).
According to the National Institute of Occupational Health Sciences, 2.3 million people work in building custodial service occupations in the U.S., and another 1.4 million are employed as maids in hotels or in healthcare facilities.6 These workers can be expected to be at higher risk for exposure to Candidate Chemicals in cleaning products than the general public because of the amount of time they spend using these products on the job. A 2004 study estimated that the inhalation exposure to chemicals in cleaning products is significant in Californians .
There are studies suggesting that chemicals in cleaning products may adversely impact worker health .7 The California Department of Public Health has published several reports and fact sheets on workrelated asthma among workers exposed to cleaning products.8,9 Epidemiological studies of cleaning workers and janitors have found that respiratory and dermatological diseases are the most common health maladies affecting these workers, and the occurrence of some of these adverse impacts is associated with the use of cleaning agents . Table 2 highlights some of the Candidate Chemicals that may be found in cleaning products.
DTSC is concerned about additional factors that may make workers in this sector and their children especially vulnerable. Many of the cleaning professions are dominated by people of color, many of whom live in environmental justice communities and are subject to multiple environmental stressors. Hispanic and Asian women respectively comprise 47.3 percent and 17.3 percent of the work force in the "maids and housekeeping services" sector.10 The cleaning work force and related occupations are predominantly female, and many of those workers are of child-bearing age or pregnant. This raises concerns about in utero chemical exposures.
Table 2. Selected examples of Candidate Chemicals found in cleaning products
Chemicals or Chemical Classes
Nonylphenol ethoxylates (NPEs) Surfactants
Solvent, glass cleaner
6 https://www.cdc.gov/niosh/topics/cleaners/default.html 7 https://www.osha.gov/Publications/OSHA_3569.pdf 8 https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/EHLB/IAQ/Pages/Cleaning-Products.aspx 9 https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/OHB/WRAPP/Pages/CLASS-Materials.aspx 10 https://www.bls.gov/cps/cpsaat11.htm
Ethanolamines Perchloroethylene Phthalates
Surfactant Solvent, spot remover Emulsifier, plasticizer
Antimicrobial Preservative, chemical reactant
Other volatile organic compounds (e.g., methyl ethyl ketone, toluene)
Carcinogenicity, respiratory toxicity, cardiovascular toxicity, hepatotoxicity, ocular toxicity Carcinogenicity, respiratory toxicity Carcinogenicity, neurotoxicity, respiratory toxicity, ocular toxicity Carcinogenicity, endocrine toxicity, reproductive toxicity, developmental toxicity, environmental persistence Endocrine toxicity, dermatotoxicity Carcinogenicity, respiratory toxicity, hepatotoxicity, ocular toxicity Carcinogenicity, respiratory toxicity, neurotoxicity, reproductive toxicity, developmental toxicity, endocrine toxicity
In addition to the potential impacts of chemicals from cleaning products on human health, DTSC is concerned that cleaning products may get washed down the drain and enter aquatic ecosystems. In studies of contaminants in streams across the country, the U.S. Geological Survey found persistent detergent degradation products in 69 percent of streams tested and disinfectants in 66 percent of streams tested.11
In deciding to include this product category in the Work Plan, DTSC concluded that this category strongly aligns with our policy concerns about women, children, and aquatic impacts. DTSC is also concerned that Candidate Chemicals contained in cleaning products may disproportionately adversely impact the health of lower-income workers that may live or work in environmental justice communities.
Household, School, and Workplace Furnishings and Dcor
This product category description was, in part, adapted from the definition of "furniture article" in the federal Consumer Product Safety Act regulations. 12 "Furniture article" means functional or decorative furniture articles including products such as beds, bookcases, chairs, chests, tables, dressers, desks, pianos, drapes, blinds, and sofas. This category also includes items that may be described as dcor or decorative products including wall hangings or any other objects intended to beautify or add visual interest or utility to the interior space of a building. This category may also include some floor treatments, such as throw rugs and carpets, but does not include wall-to-wall carpets or other floor coverings that are permanently or semi-permanently affixed to the building by use of tack strips, adhesives, mortar, masonry, or glues. This product category also does not include electronic appliances or fixtures that are permanently affixed to the building as part of the building's construction or renovation. A more limited version of this product category was included in DTSC's 2015-2017 Work Plan, and multiple commenters support continued inclusion of this category in the Work Plan. The category has been expanded in two ways. First, we included mention of school furnishings and dcor to be consistent with the Consumer Product Safety Act definition. Secondly, all Candidate Chemicals may be considered rather than the previous restriction to perfluoroalkyl and polyfluoroalkyl substances and flame retardants.
The Candidate Chemicals contained in these products may adversely impact the indoor environment . Examples of the types of Candidate Chemicals that may be found in indoor air and dust are shown in Table 3. The average home takes up to three hours to fully exchange the indoor air.13 As a result, volatile chemicals released from furnishing and dcor products may accumulate in indoor air to levels much higher than those found in outdoor air. The more time people spend indoors, the greater the potential for long-term exposure to the volatile Candidate Chemicals that may be released from these products.
Other Candidate Chemicals may be transferred from these products directly to the skin or released from these products into household dust, thereby increasing the potential for dermal or ingestion exposures. Numerous Candidate Chemicals have been detected in indoor dust . Of particular concern is that there are Candidate Chemicals that persist in the environment for a long period of time, resulting in ongoing exposures.
Many of the Candidate Chemicals found in furnishings may be especially harmful to children because of their potential for endocrine disruption, neurotoxicity, and reproductive and developmental toxicity. Further, children have certain behaviors and resultant exposure pathways that increase their uptake of these chemicals. For instance, hand-to-mouth behavior in young children may result in the direct ingestion of chemicals released from furnishings and dcor to indoor dust. Human biomonitoring studies in California have shown that the chemicals found in indoor dust can be found in the blood of children .
1216 C.F.R. 1303.2(b)(4). 13 https://www.cpsc.gov/Safety-Education/Safety-Guides/Home/The-Inside-Story-A-Guide-to-Indoor-Air-Quality/
Table 3. Selected examples of Candidate Chemicals found in household, school, and workplace
furnishings and dcor
Chemicals or Chemical Classes
Plastic constituent, flame
Chlorinated or brominated
compounds and organophosphates
Present in some decorative
items, electrical cords, rubber developmental toxicity,
Perfluoroalkyl and polyfluoroalkyl Water and stain repellants
Solvent additive in certain
sealants and polishes
toxicity, ocular toxicity
Volatile organic compounds
toxicity, endocrine toxicity
Lastly, the Candidate Chemicals found in these products may have an impact on the aquatic environment. Some studies have shown that perfluoroalkyl compounds found in stain repellants that are often used to treat furnishings are ubiquitous in aquatic environments . DTSC aims to protect California's water resources and aquatic ecosystems by including this category in the Work Plan.
Building Products and Materials Used in Construction and Renovation
This product category includes products or materials used to construct, renovate, or repair any building designed or intended as a commercial, office, industrial, or child-occupied space where people work or learn, or that is designed for human habitation, or that contains a habitable space. Building products are integrated into the building structure as a permanent or semi-permanent part of the structure and are typically affixed to the building or comprise an integral part of the structure. This product category includes products such as cabinets, countertops, wall-to-wall carpets, tiles, linoleum, laminates, and wood that are permanently or semi-permanently fixed in place by means of adhesives, tack strips, or by other means, or that are designed to remain in place once installed. This product category does not include appliances such as ranges, refrigerators, dishwashers, clothes washers and dryers, air conditioners, humidifiers, and dehumidifiers.
DTSC is concerned about the potential for products in this category to adversely impact the indoor environment. There is a strong desire to develop more energy-conserving buildings in North America, which has correlated with the development and use of more synthetic building materials. Improved energy conservation has been achieved mainly by reducing exchanges between outdoor and indoor air. The combination of lower ventilation rates and the increased use of synthetic building materials has resulted in elevated levels of certain chemicals in the indoor environment, including some Candidate Chemicals . When considered in concert with the increased time people spend indoors, there is high potential for long-term exposure to any Candidate Chemicals found in building products.
Examples of some Candidate Chemicals in building materials are shown in Table 4 . Biomonitoring studies show that people are exposed to some of the Candidate Chemicals in these products and that human exposure is widespread. The presence of other Candidate Chemicals has been demonstrated by the fact that they have been detected in indoor air and house dust.
Table 4. Selected examples of Candidate Chemicals found in building products and materials used in
construction and renovation
Chemical or Chemical Class
Chlorinated or brominated
Adhesives and resins
toxicity, hepatotoxicity, ocular
Isocyanates and diisocyantes Polyurethane systems,
Perfluoroalkyl and polyfluoroalkyl substances Phthalates
Volatile organic compounds
Water and stain repellants
Constituent of polystyrene and rubber products Solvents
Reproductive toxicity, developmental toxicity, hepatotoxicity Carcinogenicity, endocrine toxicity, reproductive toxicity, developmental toxicity, environmental persistence Carcinogenicity, developmental toxicity, reproductive toxicity, ocular toxicity, neurotoxicity
Carcinogenicity, respiratory toxicity, neurotoxicity, reproductive toxicity, developmental toxicity, endocrine toxicity
Candidate Chemicals in building products raise many of the same concerns seen in the previous section on furnishings and dcor. Products in these categories have the potential for similar exposures and adverse impacts for both children and the aquatic environment. In the case of children, concerns arise about the potential for endocrine disruption, neurotoxicity, and reproductive and developmental toxicity. With regard to aquatic environments, similar exposure pathways and impacts are of concern. Perfluoroalkyl and polyfluoroalkyl substances are persistent bioaccumulative chemicals that are ubiquitous in the aquatic environment and are found in the tissues of wildlife all over the world .
Note that the Building Products category in the 2015-2017 Work Plan was narrower in scope, and focused on painting products, adhesives, sealants, and flooring. Stakeholders recommended retaining building products because of concerns about flame retardants, adhesives, composite wood products, insulation, coatings, and formaldehyde in building products. Although this category has been broadened from the prior Work Plan, we believe there is ample opportunity to streamline decision-making by leveraging progress made by manufacturers, retailers, large institutional buyers (hospitals, universities, and large corporations), and non-governmental agency efforts in reducing harmful chemical content in the built environment (e.g., the U.S. Green Building Council's Building Health Initiative, the Healthy Building Network's Pharos Building Product Library, the Health Product Declaration Collaborative).14
Consumable Office, School, and Business Supplies
This product category includes any product that may be described as a consumable product that is used regularly within an office, place of business, home office, or school classroom during normal business or learning operations, and that is replaced on a regular, periodic basis. Consumables are used recurrently and depleted in the process of use. Examples include receipt tape, specialty paper products, markers, pencils, pens, tapes, glues, adhesives, 3D printer feedstocks, and ink and toner cartridges. This product category does not include durable goods15 such as printers, fax machines, other business machines, or furnishings.
14 https://www.triplepundit.com/podium/buyers-club-flexes-market-muscle-favor-healthier-building-materials/ 15 Durable goods are not for immediate consumption and are able to be kept for an extended period of time.
Examples of Candidate Chemicals that may be found in these products are shown in Table 5 and include bisphenol A (BPA), bisphenol S (BPS), styrene, and some volatile organics. BPA and BPS are found in some specialty papers, and one study found that dermal exposure to BPA from these types of papers may lead to prolonged human exposures . Styrene is emitted from the thermal ABS plastic feedstock used in desk-top 3D printers and may adversely impact indoor air quality [15, 16].
Table 5. Selected examples of Candidate Chemicals found in consumable office, school, and business
Chemicals or Chemical Classes
Bisphenol A and S
Color developer in cash register
Other volatile organic compounds Solvents
(e.g., methyl ethyl ketone,
Component of ABS thermoplastic Carcinogenicity,
filament in 3D printers
DTSC included this product category due to concerns that people may be exposed to Candidate Chemicals when they use or handle these products. Some of these products may also release Candidate Chemicals that adversely impact indoor air. Children who use these products in school may also be at risk of exposure.
Food packaging is any product that is used to package hot, cold, or room-temperature food items for wholesale sale to restaurants and grocery stores or for retail sale to consumers. Food packaging may be used for a variety of reasons including food preservation, transport and delivery to points of retail sale, to make a food product more attractive to consumers, to provide tampering resistance, or to provide a convenient means of transport by the consumer (e.g., cups for liquids or wrappers for fast-food items). The principal functions of modern food packaging are to protect food from external damage and contamination, contain the food to allow for transportation, and provide information to the consumer. Food packaging may be made from a variety of materials including paper, ceramic, plastic, glass, and metals.
DTSC included this product category in the Work Plan due to concerns regarding exposure to the Candidate Chemicals that are contained in food packaging. Some food packaging products contain Candidate Chemicals that have been detected in foods. Numerous studies have demonstrated that chemicals can migrate directly from food packaging into packaged foods becoming what are known as "indirect food additives." The migration of food package ingredients into foods provides a clear pathway for human dietary exposure, and numerous studies have shown that people are exposed to the chemical ingredients used in food packaging . Table 6 identifies some of the Candidate Chemicals that may be found in food packaging.
A number of studies have demonstrated a correlation between the ingestion of packaged foods and exposure to certain Candidate Chemicals such as phthalates, BPA, and perfluorochemicals [18-20]. In fact, the primary route of BPA exposure is food, and perfluorochemicals used in food packaging are detectable in human serum and milk . A recent study reported that 175 chemicals with known hazard properties are used in food contact packaging in Europe and the United States, and some of these have been classified as carcinogens, mutagens, or reproductive toxins .
Table 6. Selected examples of Candidate Chemicals found in food packaging
Chemical or Chemical Class
Bisphenol A and S
Constituent of plastic resin
lining food and beverage cans developmental toxicity,
Create grease-proof and water- Reproductive toxicity,
proof coatings for food
toxicity, reproductive toxicity,
Constituent of polystyrene and Carcinogenicity, developmental
toxicity, reproductive toxicity,
ocular toxicity, neurotoxicity
DTSC is concerned that individuals who live and work in environmental justice communities may be at especially high risk for dietary exposure to certain Candidate Chemicals found in food packaging products. A report by the U.S. Department of Agriculture concluded that the largest food expenditure by the lowest-income households is for foods that included canned and packaged prepared foods, and in a study of highly consumed canned foods, BPA was found in 91 percent of the canned foods tested .16 DTSC is also concerned about potential adverse impacts to children from Candidate Chemical exposure from food packaging. Some Candidate Chemicals found in food packaging may be especially harmful to children due to the potential for endocrine disruption, neurotoxicity, and reproductive and developmental toxicity. A study of U. S. preschool children ages 23 to 64 months suggests that diet contributes 95 percent of childhood exposure to BPA, and that solid food is a significant contributor .
DTSC is also concerned about the potential impact of some food packaging ingredients on the environment throughout the product life-cycle. Some food packaging may be recycled, while other food packaging, especially fast-food packaging, is typically discarded after use . Hazardous chemicals found in food packaging may be a problem if those chemicals are incorporated into new products. This provides an additional exposure pathway to downstream users. Some food packaging ends up in the municipal waste stream headed for the local landfill. Increased municipal efforts to recycle compost organic waste may result in further exposures as compost is applied to land. However, much food packaging simply becomes litter. This discarded food packaging may leach chemical ingredients into the environment. Perfluoroalkyl and polyfluoroalkyl substances compounds found in some fast-food packaging are persistent and bioaccumulative chemicals ubiquitous in the aquatic environment and are found worldwide in wildlife tissues.17 BPA has also been found in aquatic ecosystems and fish .
Stakeholder concerns about food packaging have increased. DTSC received a petition for listing BPA in food cans as a Priority Product. While DTSC denied the petition, the petitioner provided strong support that this potential source of BPA exposure may warrant further investigation. There are proposed legislative actions in several states including California to address concerns about harmful chemicals in food packaging. In researching this category, DTSC will take special care to consider other regulatory authorities and whether or not they are providing adequate protections to people and the environment.
In 2016 Governor Brown and the California Legislature required that DTSC include lead-acid batteries in its 2015-2017 Work Plan for consideration as a potential Priority Product.18,19 DTSC began research on exposures and hazards associated with lead-acid batteries in 2017 and will continue that work under this Work Plan. As part of its preliminary research, DTSC held a public workshop to gather stakeholder input on November 6, 2017. DTSC continues to actively evaluate whether lead-acid batteries (in all their forms) should be designated a Priority Product.
Lead-acid batteries are found in a wide variety of forms and functions (see Table 7), the most common being 12-volt car batteries. Lead-acid batteries contain three Candidate Chemicals: lead, arsenic, and sulfuric acid. Exposures of lead to workers and neighboring areas may occur during recycling and manufacturing operations. Lead exposures are known to cause neurological as well as other effects, and arsenic is a carcinogen. Lead exposure to children is especially of concern since there is no known threshold concentration for neurological effects.
Inclusion of this category in the Work Plan allows DTSC to finalize evaluation of lead-acid batteries as a potential Priority Product.
Table 7. Types of lead-acid batteries Category
Vehicle starting, lighting, and ignition
Small, sealed forms
Examples Cars, motorcycles, trucks, buses, recreational vehicles Consumer electronics, mining lanterns
17 https://www.niehs.nih.gov/health/materials/perflourinated_chemicals_508.pdf 18 February 17, 2016: https://www.gov.ca.gov/news.php?id=19317 19 CAL. HEALTH & SAF. CODE 25253.5.
Mobility applications Uninterruptible power supply
Utility-scale energy storage
Scooters, golf carts, forklifts Emergency lighting, cell-phone towers, hospitals, computer centers Wind farms, solar installations
4.0 Implementation of the Work Plan
As DTSC implements this Work Plan, it expects to continue productive interactions with stakeholders and to implement other lessons learned over the previous three years.
Publication of this Work Plan is only the beginning of the process for evaluating products over the next three years. Initial information will be gathered about potential Priority Products via extensive research, information call-ins, and public workshops. Priority Products will be identified from the seven product categories after robust scientific review and information exchange with all stakeholders, including industry experts, government agencies, academic researchers, and non-governmental organizations. Multiple iterations of research and stakeholder engagement may be necessary to properly identify and define products in advance of rulemaking. DTSC will continue to seek and welcome input from a wide variety of sources. Engagement with all stakeholders has been, and will continue to be, critical for us to successfully implement this Work Plan.
Listing a product category in the Work Plan does not mean it is subject to regulation, and the simple act of listing a product category in the Work Plan does not create any new legal obligations. For example, the listing of a product category or specific product in the Work Plan does not mean that DTSC intends to prohibit or restrict the sale of any products. The identification of a product category is also not meant to imply that we have made any determinations regarding the safety of any products that might be included within that category. The listing of a product category in the Work Plan means only that DTSC intends to evaluate products within that category. Only specific products that are eventually designated as Priority Products after stakeholder engagement and through a formal rulemaking process would be subject to any regulatory requirements. Any listing of a product as a Priority Product simply begins a process where manufacturers of that product are asked to determine if the product can be made safer through the Alternatives Analysis process. An outcome is not predetermined when listing a Priority Product; rather, the outcome is determined in response to the alternatives that manufacturers evaluate and propose.
Because the Work Plan does not identify any Priority Products, it similarly does not identify any responsible entities or establish any requirements on manufacturers for compliance with the SCP regulations.
5.0 Notes on Terminology
Safer Consumer Products Regulations References to the SCP regulations in this document are to Chapter 55 of Division 4.5 of Title 22 of the California Code of Regulations.
Priority Product The SCP regulations define a Priority Product as "a product-chemical combination identified and listed as a Priority Product by the Department [of Toxic Substances Control] under section
69503.5 [of title 22 of the California Code of Regulations]." While a product-chemical combination does not formally become a Priority Product until DTSC regulations designating it as such take effect, this document sometimes refers to a "proposed" or "potential" Priority Product. The word "proposed" should be interpreted broadly here. A proposal could be an informal announcement made by releasing a draft document, a statement at a public workshop, or publication of a Notice of Proposed Rulemaking.
Candidate Chemical/Chemical of Concern The SCP regulations identify a set of authoritative lists.20 Any chemical on any of those authoritative lists is a Candidate Chemical. DTSC has established a searchable Candidate Chemical database.21 However, it should be noted that the database requires updating from time to time because the authoritative lists can, and do, change. Anytime an authoritative list identified in the SCP regulations is updated to add new chemicals, those chemicals automatically become Candidate Chemicals, regardless of whether the Candidate Chemical database has been updated to include those chemicals.
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