California Green Chemistry Initiative
Implementation process in final steps

The Department of Toxic Substances Control (DTSC) has adopted Green Chemistry rules, known as the Safer Consumer Product Alternatives rule. The regulations establish a process to identify and evaluate chemicals of concern in consumer products and identify safer alternatives, and to specify regulatory responses that may be imposed upon completion of the alternatives analysis process. Notice of the final rule was published in the California Register. The rule is effective 10/1/2013.

California Regulatory Notice Register - Notice of Final Effective Rule


Responsible Parties Include:

Cosmetics and over the counter drug products will be covered by these regulations. The regulations will apply to responsible parties including manufacturers, marketers, importers, and retailers of products that contain chemicals of concern (COC). These new regulations will require reformulation of products containing chemicals of concern (COC) with green chemical alternatives, or to otherwise justify continued marketing of the COC containing product in California by demonstrating through detailed analysis that human and environmental health and safety concerns can be addressed through limitations on use, concentrations of the COC's, or other means. If reformulation or demonstration of safety cannot be achieved the product would have to be removed from sale in California.

The principal duty to comply with the requirements of the regulations that apply to responsible entities lies with the manufacturer. If the manufacturer does not comply, the importer, if any, then has the duty to comply. A retailer is required to comply with the regulations only if the manufacturer and importers (if any) fail to comply, and only after this information is posted on the Failure to Comply List on DTSC's website.

A manufacturer or importer may opt out of complying with the above requirements by demonstrating to DTSC that the product is no longer being sold, offered for sale, distributed, supplied, or manufactured in California.

A retailer who becomes responsible for complying with the above requirements, due to non-compliance by the manufacturer/importer, may opt out by ceasing to order the product and providing a notification to DTSC.

Chemicals of Concern (COC):
If finalized these proposed regulations will require the Department of Toxic Substances Control (DTSC) to issue an immediate list of Chemicals of Concern (COC). It is estimated that the DTSC will initially identify at least 1,200 COCs.

Priority Products of Concern:
Responsible parties of priority products of concern are required to notify the DTSC when their products are listed and to perform extensive alternate analysis to determine how to prevent or limit the level of exposure to these COC's. The DTSC can require consumer disclosures; establish requirements for the responsible party to maintain and fund end-of-life product programs; restrict the use of COCs in the product or use of the product itself; and / or prohibit sales of the product in California.

Read DTSC Director Debbie Raphael's guest contribution to PBA Progress


Resources:

Safer Consumer Product Regulations Website
California Green Chemistry Regulations Update (May 2013)
News Release: California's Landmark Approach to Safer Consumer Products
Initial Statement of Reasons
Economic and Fiscal Impact Statement
Attachment to the Economic and Fiscal Impact Statement (Std. Form 399) Safer Consumer Products Regulations
Economic Analysis of California's Green Chemistry Regulations for Safer Consumer Products
Estimated Costs for DTSC to Implement the Safer Consumer Products Regulations
Overview: The Safer Consumer Products Regulations
Chemicals of Concern: Hazard Traits & Exposure Indicators (~1,200)
Chemicals of Concern Lists Around the Globe
California Department of Toxic Substances Control - Green Chemistry Initiative