Safer Consumer Products Regulations – SB 502 2022 Mandated Framework Regulations Amendments

The Department of Toxic Substances Control (DTSC) proposes to amend sections 69503.5, 69504, 69504.1, 69505.1, and 69506.1 of Articles 3, 4, 5, and 6, Chapter 55 of Division 4.5 of Title 22 of the California Code of Regulations pursuant to authority granted by Health and Safety Code Section 25253. This action will implement statutory changes which allow DTSC to list a Priority Product and proceed directly to regulatory response by relying on publicly available studies or evaluations of alternatives in lieu of an Alternatives Analysis and allows petitions to DTSC for a regulatory response in accordance with this authority. 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. Legislation chaptered in California Senate Bill 502 (Allen), 2022, added Section 25253(d) to the Health and Safety Code, which authorizes DTSC to rely on publicly available studies or evaluations of alternatives to the chemical of concern in a consumer product in lieu of an Alternatives Analysis and proceed directly to regulatory response. Included in the bill was the addition of Section 25253(e), a requirement that DTSC shall amend Sections 69504 and 69504.1 of Title 22 of the California Code of Regulations to allow a person to petition DTSC for a regulatory response pursuant to subdivision 25253(d) of the Health and Safety Code. DTSC has determined that amendments to sections 69503.5, 69505.1, and 69506.1 are also required to conform to these provisions. Project Activities: The proposed regulation adds statutory authority mandated in the Health and Safety Code, Sections 25253(d) and 25253(e) to the Safer Consumer Products framework regulations. These proposed modifications are required for implementation of the authority granted in Section 25253(d), authorizing DTSC to list a Priority Product and proceed directly to regulatory response by relying on publicly available studies or evaluations of alternatives in lieu of an Alternatives Analysis. Additionally, the proposed regulation creates a process allowing a person to petition DTSC for a regulatory process pursuant to this authority as mandated in Section 25253(e).