Maybe 2018 will be the year we finally see how the California Safer Consumer Product Regulations will work in practice? Spray Polyurethane Foam may be first up at bat

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DTSC has released the rulemaking for its second selected “priority product” which is spray polyurethane foam systems with unreacted methylene diphenyl diicyanates. This is a product that is actually manufactured and sold in California and thus if adopted, the program’s regulatory requirements would attach to an actual entity. (As compared to the first “priority product” DTSC selected –see children’s foam-padded sleeping products   – which we understand no one actually makes or sells (and begs the question as to how the State of California could select it as a “priority”?)

Makers and sellers of spray polyurethane foam systems have until May 16, 2017 to comment on the proposed rulemaking. A hearing will be held on May 6, 2017 to hear oral comments.    Given the pace of the average rulemaking process, we can expect the rule to become final at by spring of 2018. That date will be the trigger for the compliance deadlines in the safe consumer product regulations. Notices will be due within 60 days of that date, and preliminary AA workplans will be due within 180 days of that date. The law granting DTSC its vast authorities to publicly examine the entire product design and global supply chain of products sold in California passed in 2008. It will be interesting to see if we finally get to see its first implementation a decade later in 2018.