Global Manufacturers: DTSC Announces 45 Day Comment Period on Regulation to List the First of its Proposed “Priority Products”

Written by

The California Department of Toxic Substances Control (DTSC) is proposing to list certain children’s foam-padded sleeping products as “Priority Products” under the Safer Consumer Product (SCP) Regulations and today announced a 45-day comment period that will close on August 29, 2016.

The initial list of Proposed Priority Products, published March 2014, had included children’s foam-padded sleeping products, as well as the following categories of products:

DTSC is proposing to list the first of the Proposed Priority Products by amending the SCP Regulation to add section 69511.1 which would list, as a Priority Product, children’s foam padded sleeping products containing the fire retardant chemicals TDCPP or TCEP. Among the specific products included in the regulation are nap mats, soft-sided portable cribs, play pens, infant travel beds, bassinets, portable infant sleepers, bedside sleepers, infant sleep positioners, co-sleepers and baby or toddler foam pillows.

Under the SCP regulations, a Priority Product is a consumer product that contains one or more chemicals—known as Candidate Chemicals—that have a hazard trait that can harm people and the environment. The regulation proposed today also designates TDCPP and TCEP, which were previously Candidate Chemicals, as Chemicals of Concern.

The adoption of the regulation to list the children’s sleeping products as a Priority Product will trigger enforceable deadlines under the SCP. “Responsible entities” who manufacture the Priority Products as described in the regulation will be required to notify DTSC within 60 days, and may be required to perform an Alternatives Analysis to evaluate toxicity of the Chemical of Concern in the product and assess alternative chemicals or product redesigns. A manufacturer’s failure to comply with these requirement could have impacts across the supply chain: importers may be prevented from placing the product in the stream of commerce, and retailers and assemblers may be prevented from ordering the product and may be required to submit a Cease Ordering Notification to DTSC. (22 CCR § 69501.2.)

To learn more about the proposed listing and the SCP program, you can review the Initial Statement of Reasons in support of the regulation, and the technical report describing how DTSC prioritized children’s foam-padded sleeping products containing TDCPP and TCEP for listing as a Priority Product. Other supporting documents can be found here.

If you are interested in commenting on the proposed regulation prior to the August 29, 2016 deadline, or for more information on how the SCP program or the listing of this first may affect you, please contact Maureen Gorsen, Maya Grasse or any of the other members of our Environment, Land Use & Natural Resources practice team.