Priority Products Notification and Alternatives Analysis Frequently Asked Questions

Listing a product-chemical combination as a Priority Product does not mean the product is banned. The manufacturers of a Priority Product have the principal duty to comply and submit a Priority Product Notification to DTSC within 60 days after the effective date of the regulation establishing a product-chemical combination as a Priority Product. Subsequently, they may be required to perform an Alternatives Analysis (AA) and submit the AA Report to DTSC.

If the manufacturer does not comply, responsibility for compliance then falls to importers, once DTSC has provided a notice to the importers of the manufacturer’s failure to comply. If the manufacturer and importer both fail to comply, retailers and assemblers will be notified via web posting on the Failure to Comply List. Each retailer or assembler can then determine if it will cease ordering the product or take on the responsibility to comply with the regulations (e.g., notifications, AA Reports, required document submittals, and any imposed regulatory responses).

A manufacturer will need to submit a Priority Product Notification to DTSC within 60 days of the effective date of the regulation establishing a product-chemical combination as a Priority Product. If a Priority Product is introduced into the stream of commerce in California after it has been listed, you must submit a Priority Product notification to DTSC within 60 days of the product’s introduction.

You can submit a Priority Product Notification and an AA Report through the SCP’s Information Management System, CalSAFER. The Priority Product Removal/Replacement Intent and Confirmation Notifications, Extension Requests, and other documents required by SCP regulations can also be submitted through CalSAFER. The training materials and tutorial videos on how to submit a Priority Product Notification and AA Reports from CalSAFER are available on the AA Resources Web page.

Yes. If your product meets the definition of a Priority Product in the Priority Product regulations, you must notify DTSC and comply all the applicable requirements in the regulations, even if your only clients are professional users or institutions. The definition of a “consumer product” in SCP regulations includes a product that is used, leased, or purchased for any reason, thus professional users and institutions are consumers.

You need to request your PPN to be re-opened by sending an email to SaferConsumerProducts@dtsc.ca.gov.

If you stop manufacturing a product containing the Chemical of Concern or redesign a product to eliminate the Chemical of Concern prior to the product-chemical combination being listed as a Priority Product, then you are not required to submit a Priority Product Notification, or comply with the rest of the SCP regulations, in regards to that specific product.

DTSC may conduct product compliance testing. If some of your old inventory containing the Chemical of Concern is tested, you would be contacted and would need to provide substantiation that you have changed the manufacturing practices before the effective date that the Priority Product was listed. Manufacturers may proactively provide this type of information to DTSC to avoid ongoing compliance related inquiries.

Generally, the Preliminary AA Report must be submitted to DTSC no later than 180 days after the date the product is listed as a Priority Products list. If you plan to introduce a new Priority Product into California after the date the product is listed as a Priority Product, the due date for the Preliminary AA Report shall be 180 days after the product is first placed into the stream of commerce in California. You may request a one-time extension of up to 90 days to the submission deadline for the AA Report (Cal. Code of Regs., tit. 22, §69505.1(c)).

If DTSC determines that an AA Report contains trade secret information, it will not disclose that information. When you submit an AA Report that includes trade secret information, you must also upload a redacted version of the document to the SCP’s Information Management System, CalSAFER. Only the redacted document will be viewable by the public. When you assert trade secret protection, you will be required to supply additional information to DTSC supporting your claim. DTSC shall review the claim before disclosing any information that is the subject of the trade secret claim. Review Cal. Code of Regs., tit. 22, §69509 for more information about trade secret protection.

The SCP regulations adopted the definition of “trade secret” in the California Civil Code section 3426.1(d) (Cal. Code of Regs., tit. 22, § 69501.1(a)(66)). California Civil Code section 3426.1 (d) defines “trade secret” as information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

(1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and

(2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Trade secret protection may not be claimed for any hazard trait submission or for any chemical identity information associated with a hazard trait submission (Cal. Code of Regs., tit. 22, §69509(f)).

Instead of submitting an AA, a responsible entity may decide to remove the product from the California market, remove or replace the Chemical of Concern from the product, or replace the Chemical of Concern in the product. A fact sheet summarizing these options is available on the AA Resources Web page.

Responsible entities must consider the alternatives defined under California Code of Regulations, title 22, section 69501.1(10), along with any information about alternatives posted on the DTSC’s website.

If, through the AA process, you determine that there are no functionally acceptable and technically feasible alternatives, you may prepare and submit an Abridged AA Report to DTSC. More details can be found in the factsheet Alternatives Analysis Reporting Options posted on the AA Resources Web page.

You must submit any Material Safety Data Sheets or Safety Data Sheets related to the Priority Product for all components in the product.

There are two types of contact information that must be included in the AA reports: (1) Preparer Information, and (2) Responsible Entity and Supply Chain Information.

The Preparer Information (Cal. Code of Regs., tit. 22, § 69505.7(c) includes:

1. the name and contact information of the person submitting the AA report,
2. if applicable, the name and contact information of all responsible entities on whose behalf the AA report is submitted, and
3. the name and contact information of all parties that were involved in the funding, directing, overseeing, preparing, and/or reviewing of the AA report.

The Responsible Entity and Supply Chain Information (Cal. Code of Regs., tit. 22, § 69505.7(d)) includes:

1. the name, contact information, and headquarters location of the manufacturers and importers, if applicable; and if the AA report is prepared on behalf of a consortium of manufacturers or other persons in the Priority Product supply chain, the AA report must include a list of participants including their name and contact information,
2. the name and contact information for any person identified on the Priority Product label as the manufacturer, importer, or distributor,
3. the name and contact information for all persons in California other than the final purchaser or lessee to whom the manufacturer or importer directly sold the Priority Product within the prior twelve (12) months, and
4. identification and location of the manufacturer’s and/or importer’s retail sales outlets where the manufacturer and/or importer sold, supplied, or offered for sale the Priority Product in California, if applicable.

Examples of submitted preliminary AA Reports and Abridged AA Reports are available on the SCP’s Information Management System, CalSAFER. DTSC also reviewed alternative assessment case studies published by other organizations and indicated areas where these reports are good examples for different sections of an AA Report.

A  template for a Preliminary AA Report is also posted on the AA Resources Web page.

DTSC will review submitted AA Reports for compliance with the regulations. Within 60 days of receiving a Preliminary AA Report or AA Report Addendum, DTSC will issue a notice of determination, which will be either a notice of compliance, notice of deficiency, notice of disapproval, or notice of ongoing review. For a Final AA Report or an Abridged AA Report, the review time will vary due to the public comment process. Every notice of determination issued and emailed by DTSC will specify a timeline and the regulatory actions that need to be taken to comply with the SCP regulations. Notices of determination are also available at CalSAFER (https://calsafer.dtsc.ca.gov/). AA Reports will guide DTSC in determining an appropriate regulatory course of action (i.e., regulatory response), if needed, to protect public health and the environment. Possible Regulatory Responses are:

• Supplemental AA Report Information and Regulatory Response Revisions
• Product Information for Consumers
• Use Restrictions
• Product Sales Prohibition
• Engineering or Administrative Controls
• End-of-Life Product Management Program
• Advancement of Green Chemistry and Green Engineering
• No Regulatory Response.

Responsible entities must comply with the requirements of the Department’s regulatory response.

Manufacturers (or other responsible entities) of a product that is listed as a Priority Product in the Safer Consumer Products regulations are required to complete an Alternatives Analysis (AA). The AA must be performed for the product and the Chemical(s) of Concern in the product to determine how best to limit exposures to, or the level of adverse public health and environmental impacts posed by, the Chemical(s) of Concern in the product.

An AA is a process described in the SCP Regulations that compares the existing Priority Product (product-chemical combination that contains a Chemical(s) of Concern) with potential alternatives using factors evaluated at each stage of the product’s life cycle. Upon conclusion of the AA, the manufacturer or (other responsible entity) will select an alternative chemical ingredient or alternative product design or decide to retain the existing product-chemical combination.

An AA report is required to be submitted to the Department of Toxic Substances Control (DTSC) as specified in the SCP regulations. Responsible entities can use the CalSAFER web portal to submit an AA report. DTSC will evaluate the completed AA report to determine if there is adverse public health or environmental impacts associated with the product that can and need to be remedied by one or more regulatory responses.

You can download version 1.1 of the AA Guide below. Ongoing feedback, suggestions, and improvements regarding the AA Guide may be sent to saferconsumerproducts@dtsc.ca.gov.

• Alternatives Analysis Guide, Version 1.1 [July 2020]