Safer Consumer Products: Adding Microplastics to the Candidate Chemicals List (Regulation Reference Number R-2023-05R)

The Department of Toxic Substances Control (DTSC), pursuant to authority granted by Health and Safety Code sections 25252, 25253, and 58012, approved a regulatory amendment to amend section 69502.2 and add subsections 69502.2(c) and 69502.2(c)(1) to article 2, chapter 55, division 4.5 of title 22, California Code of Regulations (CCR). This regulatory action will add microplastics to the Candidate Chemicals List (article 2 of the Safer Consumer Products Regulations). DTSC adopted a rule adding microplastics to the Candidate Chemicals List based on findings that (1) there are potential exposures to microplastics, and (2) there is potential for one or more of these microplastics exposures to contribute to or cause adverse impacts. Listing one or more chemicals as a Candidate Chemical does not place regulatory obligations on chemical manufacturers or on product manufacturers that use the chemical(s). However, it does give DTSC the option of regulating the chemical(s) in specific consumer products in the future, based on certain findings. A Candidate Chemical that is the basis for a product being listed as a Priority Product is designated as a Chemical of Concern for that product. DTSC selects Priority Products based on the potential risk of exposure to the Chemical(s) of Concern in the product and the potential for this exposure to contribute to or cause widespread or significant adverse impacts to people or the environment. Background: DTSC’s Safer Consumer Products Regulations, adopted in 2013, strive to reduce toxic chemicals in products and create safer substitutes for hazardous ingredients in consumer products sold in California. The regulations emphasize safer products and healthier lives by reducing or eliminating use of toxic chemicals, while allowing manufacturers to determine how to best address human health or environmental concerns related to their products. These regulations specify a process for adding chemicals to the Candidate Chemicals List (Cal. Code Regs., tit. 22, section 69502.2(b)). The regulations require DTSC to evaluate and prioritize product/Candidate Chemical combinations and to add these product/Candidate Chemical combinations to the Priority Products List (Article 11 of the Safer Consumer Products Regulations). DTSC selects Priority Products based on the potential for exposure to the Chemical(s) of Concern in the product and the potential for this exposure to contribute to or cause widespread or significant adverse impacts to people or the environment.