Compliance and Enforcement
We work to ensure that all responsible entities comply with the Safer Consumer Products (SCP) Regulations
The mission of the SCP Program is to advance the design, development, and use of products that are chemically safer for people and the environment. In support of our mission, we provide compliance assistance to responsible entities and conduct compliance evaluation and enforcement activities to ensure that responsible entities comply with the SCP Regulations.
SCP’s goal is compliance, and our approach is to work cooperatively with responsible entities to provide compliance assistance and guidance as needed. However, we can, and will, initiate formal enforcement actions against recalcitrant responsible entities who fail to comply with regulatory requirements.
To ensure compliance we assist responsible entities by providing training and outreach, conducting product testing, and taking enforcement action when necessary
In order to reduce exposure to hazardous chemicals in consumer products, it is important that responsible entities comply with applicable regulatory requirements. We conduct the following compliance and enforcement activities:
Host workshops and conduct other outreach to inform and engage stakeholders regarding our program activities, including new legislation and regulatory requirements, proposed Priority Product listings, and important regulatory deadlines.
Offer compliance assistance, guidance, and training to help responsible entities successfully navigate the Alternatives Analysis process.
Conduct market surveillance and product testing to identify product ingredients and assess the presence of Priority Products on the California market.
Undertake enforcement actions as warranted.
When a responsible entity fails to comply with applicable SCP regulatory requirements, we take enforcement actions that inform the public and aim to reduce the availability of the Priority Product in California.
If the manufacturer of a Priority Product fails to comply with SCP regulations, DTSC will post information identifying and describing the relevant product(s) on DTSC’s Failure to Comply List. Manufacturers of Priority Products have the principal duty to comply with SCP regulations. When a manufacturer does not comply, the duty to comply falls to the importer (if any). If neither comply, the duty falls to the retailer and assembler.
When a product is added to the Failure to Comply List and the retailers and assemblers of that product have the duty to comply, they must either fulfill certain requirements applicable to a responsible entity, or, cease ordering the product and submit a Cease Ordering Notification to DTSC. The Cease Ordering Notification must be submitted to DTSC by the deadline indicated on the relevant Priority Product’s Failure to Comply Listing(s). Retailers and assemblers with a duty to comply, who choose not to submit a Cease Ordering Notification, should promptly contact SCP at SaferConsumerProducts@dtsc.ca.gov to discuss alternative compliance options, which could involve preparing an Alternatives Analysis Report. The Alternatives Analysis Report is a comprehensive, data driven analysis, that requires the author to weigh trade-offs of alternatives to the chemical of concern, taking into account ecological, life cycle, and economic impacts.
More details about the consequences of non-compliance can be found in the SCP Regulations. Information pertaining to a particular Priority Product can be found on the Priority Products page.
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