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California Releases Revised Proposed Safer Consumer Products Regulations
(January 2013)

The Department of Toxic Substances Control (DTSC) released its revised proposed Safer Consumer Products (SCP) Regulations, providing a public comment deadline of February 28, 2013. When finalized, the SCP Regulations will implement AB 1879, one of the California Green Chemistry Initiative laws that establishes the process for identifying and prioritizing chemicals of concern (COCs) in consumer products. The law also requires DTSC to create a process for evaluating safer alternatives to COCs in consumer products; additionally, DTSC must impose a regulatory response based on the outcome of the alternatives assessment. The regulatory response can range from no action, to product labeling, use restriction, to bans.

The newly release proposed regulations include extensive changes from DTSC’s initially proposed version. Revisions include:

▲ Alternative Assessments no longer are required to be undertaken by certified assessors.
▲ Preliminary Alternative Assessments are required to undergo a public review and comment process, with Final Alternative Assessments reports required
to describe how those comments were addressed.
▲ The revised proposed regulations retain the provision that DTSC will identify specific consumer products containing specific COCs; such products will be
identified as Priority Products. However, DTSC is implementing a different approach to de minimis chemical thresholds, below which no Alternative
Assessment would be required to be undertaken for a Priority Product. Termed Alternative Analysis Thresholds, the chemical thresholds now will apply only
to COCs present in Priority Products as contaminants. In addition, while the previous approach to Alternative Analysis Thresholds allowed DTSC to establish
an Alternative Analysis Threshold specific to a COC in a Priority Product, the term is now more clearly defined as the Practical Quantitation Limit for the COC
at issue.

The regulatory process for finalizing the SCP Regulations looks as if it will be coming to a conclusion in the near-term. While the proposed regulations are anticipated to result in litigation once they are finalized, it is prudent for companies to begin assessing how the regulations will affect their business and plan accordingly.

For more information, please Contact TSG.
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