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What is a Priority Product?A Priority Product is a consumer product that contains one or more chemicals – known as Candidate Chemicals (CC) – that have a hazard trait that can harm people or the environment. A proposed list of three product-chemical combinations was released on March 13, 2014. This initial Priority Products list is the first set of product-chemical combinations to be named for consideration by DTSC to be regulated under the Safer Consumer Products regulations. Publication of this draft list of products imposes no new regulatory requirements on manufacturers until DTSC finalizes it by adopting regulations. For more information, read DTSC's Draft Initial Priority Products List.
The initial Proposed Priority Products:
What is the approach for prioritization?
The Department of Toxic Substances Control (DTSC) considers a range of factors in identifying product-chemical combinations:
Using these factors, DTSC evaluates the adverse impacts of Candidate Chemicals in specific products on humans, wildlife, and the environment. The Department does not use a numerical weighting or ranking system.
What is the "initial" Priority Products list?
The initial Priority Products list is the first set of product-chemical combinations to be named for consideration by DTSC to be regulated under the Safer Consumer Products (SCP) regulations. The Department may name up to five products. For this first list of products, only products with Candidate Chemicals listed on both a hazard trait list and an exposure potential list were considered.
The proposed list of three product-chemical combinations was released on March 13, 2014.
The initial list is described fully in section 69503.6 of the SCP regulations.
How will we know the initial Priority Products List is final?
Priority Products will not be final until they are adopted into regulation. This will be done in conformance with California's rulemaking law – the Administrative Procedure Act (APA). The APA process includes a 45-day public notice and comment period. It allows DTSC up to one year from the public notice date to finalize the regulations.
The March 2014 announcement is not the start of formal rulemaking. DTSC anticipates initiation of the rulemaking process for the Priority Products within 12 months. Each Priority Product may have a separate set of regulations.
Check the Safer Consumer Product Regulations web site to find the status of rulemaking for the initial Priority Products.
Which list of chemicals do I use to determine whether any of the products I sell in California could be a Priority Product?
The initial Priority Products were selected because they contain a chemical or chemicals that appear on both of two types of lists – a hazard trait list and an exposure indicator list. The list of 153 chemicals that met these two criteria is called the Informational "Initial" Candidate Chemicals List.
Subsequent Priority Products may be selected based on any chemical on the full Candidate Chemicals list. There are more than 1,100 chemicals on that list.
How do I know if I make a "Priority Product"?
The Initial Priority Products List will clearly describe each product. DTSC is striving to define the Priority Products in an unambiguous way. The descriptions include information about product usage or means of identification such as Global Product Classification (GPC) criteria (brick) or Universal Product Codes (UPC). The chemical(s) in the product that was the basis for the product's inclusion on the Initial List is fully identified for each product. Detailed information for the Proposed Initial Priority Products is available:
If you have questions about whether your product is a proposed Priority Product, contact us at SaferConsumerProducts@dtsc.ca.gov.
You may sign up for the Safer Consumer Products electronic mailing list if you would like to to receive emails regarding the proposed Initial Priority Products List.
What is a "Chemical of Concern"?When a Priority Product is listed through regulation, the Candidate Chemical that was the basis for the listing is designated as a Chemical of Concern. There may be more than one Chemical of Concern for any listed product.
If I make a "Priority Product," what do I have to do?
If you are a "responsible entity," you must submit a Priority Product notification to DTSC within 60 days after the effective date of the regulation establishing a product-chemical combination as a final Priority Product. Subsequently, you may be required to perform an Alternatives Analysis—a process that evaluates toxicity and other information concerning the Chemicals of Concern in the product, and compares those data to alternative chemicals or product redesigns that may make that product safer.
DTSC will review Alternative Analysis reports and determine a regulatory course of action, if needed. Responsible entities must comply with the requirements of the Department's regulatory response.
Manufacturers have the principal duty to comply with the regulations. Other responsible entities may include importers, assemblers, or retailers of a Priority Product. If the manufacturer does not comply, responsibility for compliance falls to the importer. An importer, retailer, or assembler must comply with the requirements applicable to a responsible entity only if the manufacturer has failed to comply and DTSC has notified the importer, retailer, or assembler by posting the information on the Failure to Comply List.
If the manufacturer of a Priority Product fails to comply with the requirements to submit a notification or complete an Alternatives Analysis, the importers must cease to place the product in the stream of commerce in California, and retailers or assemblers must cease ordering the Priority Product and submit a Cease Ordering Notification to the Department.
How and when do I notify DTSC if my product is a Priority Product?
The clock will start when the regulations establishing a Priority Product take effect (after rulemaking per the APA is complete). Notify DTSC within 60 days if your product-chemical combination has been adopted as a Priority Product. If a product-chemical combination is introduced into the stream of commerce in California after it has been listed as a Priority Product, the responsible entity must submit a Priority Product notification to DTSC within 60 days of the product's introduction.
What does the Priority Product Notification include? What is the format?
DTSC is developing an online system for electronic submittals of Priority Product Notifications. The Priority Product Notification includes:
Where can I go to learn what DTSC is planning for the future?
Please monitor this page. You may also sign up for DTSC's Safer Consumer Product electronic mailing list (e-list).
The Department will issue a Priority Product Work Plan that describes the product categories that will be evaluated to identity future Priority Products for the following three years. Check the Priority Product Work Plan page periodically for updates.