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Notifications in Lieu of Alternatives Analysis

This Fact Sheet is for the Responsible Entity1 subject to the Alternatives Analysis (AA) requirements in the California Safer Consumer Products (SCP) regulations2. It outlines the Removal/Replacement Notification process which a Responsible Entity can use as an alternative means of complying with the SCP AA requirements.

A Responsible Entity has specific responsibilities under SCP regulations, including to provide an AA for their Priority Product and ensure the analysis complies with the regulations. Responsible Entities should consult the regulations to be sure they are compliant.

Removal/Replacement Notification Process: 1) Priority Product (PP) Regulation goes into effect. 2) Submit Removal/Replacement Intent Notice. 3) Remove/Replace Chemical of Concern in PP, or Remove PP from Market. Timeframe for 2 & 3 is 180 days. 4) Submit Removal/Replacement Confirmation Notice (90 days).Removal/Replacement Notifications

When a Priority Product listing becomes effective in regulation, the Responsible Entity of the Priority Product has the option to remove or replace the Chemical of Concern from the Priority Product, or remove the Priority Product from the stream of commerce in California rather than complete the AA. The replacement chemical must meet one of these conditions: 1) is not on the Candidate Chemical list3, or 2) is on the Candidate Chemical list but, is already in use to manufacture the same product4. If the Responsible Entity chooses any of these options, then it may submit a Removal/Replacement Intent and Confirmation Notification to inform the Department of Toxic Substances Control (DTSC) of its decision. The Confirmation Notification is required to confirm the Chemical of Concern in the Priority Product has been removed, replaced, or to certify the Responsible Entity has ceased manufacturing the product and will no longer fulfill orders of the Priority Product.

Alternative Analysis Not Required

If the Responsible Entity chooses to submit a Removal/Replacement Intent and Confirmation Notification to DTSC, then an AA of the Priority Product is not required.

If a Responsible Entity has already completed and submitted the Preliminary AA Report or an Alternate Process AA Workplan for the Priority Product, it can still choose to submit a Removal/Replacement Intent and Confirmation Notification in lieu of a Final AA Report, provided it does so prior to the due date for submitting the Final AA Report.

Intent and Confirmation Notifications

When the Responsible Entity submits only a Removal/Replacement Intent Notification, the applicable Confirmation Notification must be submitted within ninety (90) days of the Intent Notification submittal or by the due date of the Preliminary AA Report, whichever is later. Otherwise, the Priority Product will be subject to the requirements of the SCP regulations, requiring the Responsible Entity to submit a Preliminary AA Report, an Abridged AA Report, or Alternate Process AA Work Plan, to DTSC by the specified due date.

Removal/Replacement Notification Process After the Preliminary AA: 1) Priority Product (PP) Regulation goes into effect. 2) Conduct First Stage Alternatives Analysis (AA). 3) Submit Preliminary AA Report. Timeframe for 2 & 3 is 180 days. 4) Submit Removal/Replacement Intent Notice. 5) Remove/Replace Chemical of Concern in PP, or Remove PP from Market. Timeframe for 4 & 5 is 12 months. 6) Submit Removal/Replacement Confirmation Notice (90 days).

Similarly, if the Responsible Entity chooses to submit only a Removal/Replacement Intent Notification after submitting a  Preliminary AA Report or Alternate Process AA Work Plan, then the applicable Confirmation Notification must be submitted to DTSC within ninety (90) days of the Intent Notification submittal or by the due date of the Final AA Report, whichever is later. If the Confirmation Notification is not submitted by the specified due date, then the Responsible Entity is not in compliance with the SCP regulations.

Submittal

Removal/Replacement Intent and Confirmation Notifications are due to DTSC no later than 180 days after the date the product is listed on the final Priority Products list. This is also the due date of the Preliminary AA Report. If the Responsible Entity decides to submit a Removal/Replacement Intent and Confirmation Notification after the Preliminary AA Report has been submitted, the Removal/Replacement Intent and Confirmation Notification must be submitted to DTSC prior to the due date for the Final AA Report.

Failure to Comply

If a Responsible Entity submits both the Removal/Replacement Intent and Confirmation Notification to DTSC, but fails to do so by the applicable due date or if the notification does not meet the content requirements, as specified in the regulations, then the Responsible Entity is not in compliance with the SCP regulations.

Questions and Answers

Q: What if a product is no longer manufactured before it is listed as a Priority Product by DTSC?

A: If the Responsible Entity stops manufacturing a product prior to it being listed as a Priority Product in the SCP regulation then the Responsible Entity is not subject to the SCP regulation for the specified Priority Product and is not required to notify DTSC.

Q: What if a product has already been redesigned to eliminate the Chemical of Concern prior to the effective date of the Priority Product regulation?

A: If a product has been redesigned to eliminate the Chemical of Concern prior to being listed as a Priority Product in the SCP regulation then the Responsible Entity is not subject to the SCP regulation for the
specified Priority Product and is not required to notify DTSC.

Q: Where can the Removal/Replacement Intent or Confirmation Notifications be submitted?

A: Removal/Replacement Intent and Confirmation Notifications can be submitted through CalSAFER, the SCP Information Management System.

Additional Resources

DTSC has developed the following additional resources to help Responsible Entities:

These resources and more information on AA are available on the Alternatives Analysis web page.

Further Information

Still in need of help? Contact SCP at SaferConsumerProducts@dtsc.ca.gov.

To receive the latest information and updates from the Department, join the SCP Program e-mail list (E-List) (opens new window).

Disclaimer: This Fact Sheet is not a standard or regulation and it creates no new legal obligation. It is advisory in nature, informational in content, and intended to assist the Responsible Entity who is conducting an Alternatives Analysis. It does not alter or determine compliance responsibilities set forth in the current statutory and regulatory requirements.