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

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The Department of Toxic Substances Control has amended the California Code of Regulations to add microplastics to the Candidate Chemicals List under the Safer Consumer Products Regulations, exercising authority under the Health and Safety Code. This regulatory change recognizes potential human and environmental exposure to microplastics and the possibility that such exposures may contribute to adverse health or ecological effects. While listing microplastics as a Candidate Chemical does not impose immediate restrictions on manufacturers or product producers, it enables the agency to evaluate specific products containing microplastics for future designation as Priority Products, which could trigger requirements for safer alternatives or product modifications. The decision is grounded in scientific evaluation of exposure pathways and potential harm, aligning with the broader objective of reducing toxic substances in consumer goods sold in California. The amendment follows the framework established by the 2013 Safer Consumer Products Regulations, which aim to proactively identify hazardous chemicals and encourage the development of safer substitutes without prescribing specific solutions to manufacturers. The process involves assessing combinations of chemicals and products for their potential to cause widespread harm, with Priority Products selected based on exposure levels and severity of impact. Microplastics, now on the Candidate Chemicals List, may be reviewed in future cycles for inclusion as a Chemical of Concern in specific products such as cosmetics, textiles, or packaging materials. This step enhances regulatory oversight and provides a pathway for targeted risk management while preserving industry flexibility in determining compliance strategies. The action is part of California’s ongoing efforts to address emerging environmental health concerns through science-based regulation.

General Info

Microplastics added to California’s Candidate Chemicals List for potential future regulation underSafer Consumer Products program.

Agency

California Toxic Substances Control, Department of

NAICS

541620 - Environmental Consulting ServicesView NAICS

Place of Performance

Set-Aside

NONE

Documents

(1)

CEQA Notice of Exemption for Adding Microplastics to Candidate Chemicals List

PDF•ceqa-notice-of-exemption

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Timeline

PostedJun 24

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Organization & Contact Information

AgencyCalifornia Toxic Substances Control, Department of

Contacts1 person available

OfficeN/A

Organization / Agency

California Toxic Substances Control, Department of

Office AddressN/A

Contacts

Seth HanklaEnvironmental Scientist

contact@example.gov

+1 (555) 000-0000

Full Description

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: DTSCs 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.