Frequently Asked Questions (FAQs)

Manufacturers (domestic or foreign) of consumer products listed by DTSC as Priority Products and placed into the stream of commerce in California must comply with the SCP Regulations. If a manufacturer fails to comply, the secondary duty to comply falls on importers, assemblers, or retailers. To learn more about compliance with the SCP Regulations, check out the frequently asked questions on Complying with a Priority Product Regulation below.

SCP’s limited resources do not allow for researching all products that fall under each PPWP product category. SCP staff prioritize certain product-chemical combinations for further investigation based on publicly available information, recommendations from stakeholders, and policy priorities.

Depending on the availability of information, resources, and alternatives, this entire process can take between three and seven years. The process of identifying and evaluating proposed Priority Products can take between one and three years, depending on the complexity of the research. The formal rulemaking process to list a Priority Product takes at most one year. As defined in the regulations, the Alternatives Analysis process takes approximately two years but can be extended under certain circumstances. The regulatory response process can take anywhere between a few months and a few years, depending on the complexity of the regulatory response(s) proposed.

To find out more about our current schedule of work, visit the SCP Timeline.

SCP only lists Priority Products when it determines that action can meaningfully enhance protection of human and environmental health beyond what is provided by existing federal or California state laws and regulations. DTSC evaluates existing laws and regulations applicable to all potential Priority Products before making the decision to list a new product.

SCP’s regulatory framework is unique in the world; however, a few other regulatory programs and initiatives have a similar mission or approach.

For example, Washington State also has a process for identifying priority products. One significant difference is that the Washington State Department of Ecology performs an alternatives assessment rather than requiring manufacturers themselves to analyze alternatives for their products.

Another example is California Proposition 65 (Prop 65), administered by the Office of Environmental Health Hazard Assessment (OEHHA), which aims to warn consumers of potential exposures to chemicals in consumer products known to the State to be carcinogens, developmental toxicants, or reproductive toxicants. The chemicals on the Prop 65 list are included in SCP’s Candidate Chemicals List. However, Prop 65 only requires labeling under certain conditions and does not restrict or regulate the use of these chemicals in consumer products.

The Massachusetts Toxic Use Reduction Act (TURA) requires facilities that use large amounts of toxic chemicals to report their chemical usage, plan to reduce their use of these chemicals, and pay a fee.

The U.S. Environmental Protection Agency (EPA) evaluates the safety of existing chemicals under the amended Toxic Substances Control Act (TSCA; updated in 2016 by the Frank R. Lautenberg Chemical Safety for the 21st Century Act). The TSCA framework assesses chemicals using a three-stage process: prioritization, risk evaluation, and risk management. EPA is required to annually designate at least 20 chemical substances as high priority and at least 20 substances as low priority for this risk evaluation process.

The Candidate Chemicals List imposes no requirements on manufacturers of Candidate Chemicals or products that contain them. The primary purpose of the Candidate Chemicals List is to help DTSC identify potential Chemicals of Concern in Priority Products. It is only when a Candidate Chemical’s presence in a product is the basis for a Priority Product listing that the SCP regulatory requirements apply.

If you are a product manufacturer, you may wish to review the Candidate Chemicals List to determine whether any Candidate Chemicals are present in your products. This voluntary action can help you discover hazard traits of chemicals in your products and reduce potential adverse impacts or exposures.

A Candidate Chemical only becomes a Chemical of Concern after DTSC identifies it as part of a designated Priority Product, pursuant to California Code of Regulations, Title 22, section 69503.5. This requires a public rulemaking process under the Administrative Procedure Act (APA) (commencing with Government Code section 11340).

This process includes identifying potential exposures to the Candidate Chemical in the product, as well as evaluating the hazard traits and the potential for significant or widespread adverse impacts.

At present, there are more than 3,000 Candidate Chemicals. However, some of these are chemical classes or groups of chemicals. For example, the group “dinitrotoluenes” includes a few different dinitrotoluene isomers and mixtures of those isomers, and the chemical class “perfluoroalkyl and polyfluoroalkyl substances (PFASs)” is made up of several thousand compounds.

No. Not all Candidate Chemicals are found in consumer products sold in California. Some are no longer on the market or have been banned in California.

While manufacturers of certain types of consumer products – including cosmetics, personal care products, and cleaning products – must disclose most of their ingredients on their labels or in Safety Data Sheets, unfortunately, many manufacturers of other types of consumer products do not disclose their ingredients. Often, these manufacturers do not even know all the ingredients in their products, since that information can be proprietary to ingredient suppliers.

Below are several external resources that can help you identify product ingredients and select safer products. This is not an exhaustive list, and SCP does not endorse any of these resources.

The California Safe Cosmetics Program Product Database, maintained by the California Department of Public Health (CDPH), includes data on ingredients in cosmetic products sold in California that are known or suspected to cause cancer, birth defects, or other developmental or reproductive harm.

The IC2 High Priority Chemicals Data System (HPCDS) aggregates data on chemicals of concern in children’s products that are required to be disclosed under Oregon and Washington state laws.

U.S. EPA’s Safer Choice helps consumers and businesses find cleaning and other products with ingredients that are safer for the environment and human health.

Clearya allows consumers shopping for cosmetics, personal care, baby care, cleaning, and other products online to identify chemicals that may have safety concerns according to regulatory or scientific sources.

EWG’s Skin Deep® database provides ingredient information and rates cosmetics and personal care products based on the safety of their ingredients.

The Consumer Product Information Database (CPID) provides information about household product ingredients and their health effects to allow consumers to make better informed choices. The database includes the following product categories: personal care, inside the home, pesticides, hobby/craft, home maintenance, home office, landscaping/yard, auto products, pet care, and commercial/institutional.

The Declare Database from the International Living Future Institute and the HPD Public Repository from Health Product Declaration Collaborative include ingredient lists for certain building products and furniture disclosed by manufacturers.

The Healthy Building Network offers the HomeFree ranking system for building material product guidance (e.g., flooring, paint, and countertops) to reduce hazards in living and workspaces.

TCO Certified helps consumers choose electronics that limit the use of hazardous chemicals and promote safer alternatives.

The Consumer Product Safety Commission (CPSC) website provides information about consumer product recalls, as well as safety education and statistics on injuries related to consumer products.

The Candidate Chemicals List is primarily made up of several authoritative lists maintained by respected organizations around the world, and we include the hazard traits assigned by those respective organizations, based on our review of their related materials (e.g., fact sheets).

Prior to proposing a Priority Product, we must specify the hazard traits and/or environmental or toxicological endpoints known to be associated with those chemicals [see section 69503.5(b)(2)(A)], which may include more or different hazard traits than those identified in the Candidate Chemicals List.

Authoritative lists are produced by a variety of governing bodies that consider the hazard traits or potential exposure concerns of chemicals. For a chemical to become a Candidate Chemical, it must appear on at least one of the authoritative lists named in the SCP Regulations and present at least one hazard trait (neurotoxicity, carcinogenicity, environmental persistence, etc.).

To learn more about this process, check out our Authoritative Lists resource.

Candidate Chemicals are chemicals with known hazard traits and/or environmental or toxicological endpoints. Priority Products are products that contain at least one Candidate Chemical. Once a Priority Product is formally listed through rulemaking, any Candidate Chemical it contains is considered a Chemical of Concern. The comprehensive regulatory process that bridges the gap between Candidate Chemicals and Priority Products includes in-depth research, stakeholder engagement, public comment periods, external scientific peer review, and rulemaking following the Administrative Procedure Act (APA).

To learn more about how SCP prioritizes product-chemical combinations, visit our Priority Product and Priority Product Work Plan resources.

The list of Priority Products proposed and adopted to date can be found on our Priority Products page.

The SCP Regulations define a “consumer product” or “product” to mean either of the following: (1) a consumer product as defined in Health and Safety Code section 25251 or (2) when applicable, a component of an assembled “consumer product” (refer to California Code of Regulations, Title 22, section 69501.1(a)(24(A)). This definition of “consumer product” includes products used, leased, or purchased for any reason, including by professional users and institutions. The definition excludes prescription drugs, medical devices, dental restorative materials, food, and pesticides.

Each Priority Product is defined in its proposed and final regulatory text, which can be found on the DTSC Regulations page and on CalSAFER.

If you have questions about whether your product is a proposed Priority Product, contact us at SaferConsumerProducts@dtsc.ca.gov.

A petition is a way the public can officially and transparently request that DTSC take one of several actions, as defined by the Safer Consumer Products Regulations. These include:

• Adding one or more chemicals to DTSC’s Candidate Chemicals List.
• Adding or removing an entire list of chemicals from the group of authoritative lists specified in California Code of Regulations, Title 22, section 69502.2(a).
• Adding or removing any product-chemical combination from DTSC’s Priority Products List.

Any person may file a petition. All petition documents must be submitted to DTSC in English and must be in an electronic format. DTSC recommends using our information management system, CalSAFER, to help streamline the petition submission process.

A petition must include the following:

• The name and contact information of the person responsible for the petition contents and, if different from the petitioner, the person’s affiliation with the petitioner;
• A description of the chemical or product-chemical combination that is the subject of the petition;
• A description of the uses of the chemical or product-chemical combination;
• The basis for the petition, including an analysis of the basis for the existence or absence of potential adverse impacts, potential exposures, or potential adverse waste and end-of-life effects associated with the chemical or product-chemical combination;
• Information supporting the petition; and
• The identity of any known manufacturers and importers of the chemical or product-chemical combination.

Failure to include any of the above is grounds for a petition being designated incomplete. DTSC will examine each petition to determine whether the necessary information is included and will designate it as complete when all required information has been provided. CalSAFER was designed to help petitioners submit a complete petition online.

No. There is no fee for filing a petition with DTSC.

There are no specific deadlines for filing petitions.

A petition to add a Candidate Chemical or Priority Product can be filed at any time.

A petition to delist a chemical identified as a Candidate Chemical can be filed at any time. This only pertains to a chemical that DTSC has added to the Candidate Chemicals List through the Administrative Procedures Act. The petition will be denied if the chemical is on one of the authoritative lists specified in section 69502.2(a) and is correctly identified as having a hazard trait or environmental or toxicological endpoint.

A petition to remove a product-chemical combination from the Priority Products List may not be submitted until three years after the effective date of the Priority Product listing, pursuant to California Code of Regulations, Title 22, section 69504(b)(2).

DTSC is required to conduct a completeness review within 60 days of receiving a petition. If we determines that the petition is incomplete, we will notify the petitioner and specify the basis for the determination. If we determine that the petition is complete, that determination will be posted on CalSAFER, and we will provide notice to the petitioner that a merits review will be conducted.

Yes. The petitioner may address the areas of deficiencies and resubmit the petition.

If DTSC determines that a petition is complete, it must conduct a merits review of the petition using the criteria and processes specified in California Code of Regulations, Title 22, chapter 55, Article 2 or Article 3, as applicable. DTSC must either grant or deny the petition, notify the petitioner, and post its determination on CalSAFER.

DTSC will notify the petitioner that the petition has been granted and post the decision on CalSAFER. If a petition to add a Candidate Chemical, an authoritative list of chemicals, or a Priority Product is granted, DTSC will follow the same process that all additions to the Candidate Chemicals List or Priority Products List take, which includes ample opportunity for public input. Specifically, Candidate Chemicals must be added following the process provided in California Code of Regulations, Title 22, section 69502.3(b). Similarly, the Priority Products List must be updated through rulemaking under the Administrative Procedures Act as provided in section 69503.5(a)(2).

DTSC will send a written notice of denial to the petitioner that includes a statement explaining the basis for the decision, and post the decision will be posted on CalSAFER.

DTSC may request that the petitioner provide additional information to assist in its merits review of the petition. This Supplemental Information Request will include specific information that DTSC is requesting as well as a timeframe in which the information should be provided.

The petition process is set forth in California Code of Regulations, Title 22, section 69504, which implements Health and Safety Code section 25253.

Listing a product-chemical combination as a Priority Product does not mean the product is banned from sale in California. Rather, it initiates a process that requires Priority Product manufacturers to take certain actions, such as evaluating safer alternatives to the use of a Chemical of Concern in their product, and submit certain documents to DTSC according to specified time frames. To learn more about complying with Priority Product regulations, check out our training series.

All manufacturers of Priority Products sold in California are required to comply and submit a Priority Product Notification (PPN) to DTSC within 60 days after the effective date of a Priority Product regulation. Subsequently, they may elect to perform an Alternatives Analysis (AA) and submit the AA Report to DTSC. Instead of performing and submitting an AA Report, a responsible entity may decide to remove the product from the California market, remove the Chemical of Concern from the product, or replace the Chemical of Concern in the product.

If a manufacturer fails to comply with applicable regulatory requirements, DTSC provides notice of this noncompliance and places the company on its Failure to Comply List. Following this, the duty to comply falls to importers (if any), or retailers and assemblers, who may comply by ceasing to order the product.

Our Training Series on Complying with Priority Product Regulations provides more details about who has a duty to comply with the SCP Regulations and how.

Manufacturers of Priority Products must submit a Priority Product Notification to DTSC within 60 days of the effective date of the regulation establishing the Priority Product. Manufacturers who first offer a product for sale in California after it has been listed as a Priority Product must submit a Priority Product Notification to DTSC within 60 days of the date the product is first offered for sale in California, including online.

You can submit a Priority Product Notification through the CalSAFER website. This is also where you can submit Alternatives Analysis reports, Removal/Replacement Notifications, Extension Requests, and other documents required by the SCP Regulations.

Training materials and tutorial videos on how to submit these items via CalSAFER are available on the SCP Training Materials webpage.

You can view our CalSAFER training videos to learn about the type of information you must submit. Because CalSAFER is designed to guide you through the process, it only provides information about the various reporting options after you submit a Priority Product Notification.

No, as long as they meet the definition of the same Priority Product. Each manufacturer must only submit one Priority Product Notification that includes all of its products that meet the definition of that Priority Product.

You need to ask us to reopen your submission by sending an email to SaferConsumerProducts@dtsc.ca.gov.

Yes. If your product meets the definition of the Priority Product, you must notify DTSC and comply with all the applicable requirements in the regulations, even if your only customers are professional users or institutions. Workers are considered a sensitive subpopulation under the SCP Regulations.

If you manufacture a Priority Product in California, you are obligated to comply with the SCP Regulations. The SCP Regulations apply to all Priority Products “placed into the stream of commerce in California,” which is defined as “sold, offered for sale, distributed, supplied, or manufactured in or for use in California” (California Code of Regulations Title 22, sections 69501(b) and 69501.1(a)(50)(A)). If your company manufactures Priority Products that are manufactured, distributed, and sold exclusively outside of California, the SCP Regulations do not apply.

Yes. If you manufacture a Priority Product for other companies, you technically control the manufacturing process for a Priority Product. This means that, if the product is sold in California, you are considered a manufacturer and have a duty to comply by submitting a Priority Product Notification within 60 days of the effective date of the regulations and taking subsequent steps such as conducting an Alternatives Analysis or submitting a Removal or Replacement Notification.

Each company must submit a separate Priority Product Notification in CalSAFER. However, the Alternatives Analysis report or other notifications only need to be completed by one entity per product.

No. If you stopped manufacturing a product containing the Chemical of Concern or redesigned the 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 take any other action to comply with the SCP Regulations for that Priority Product listing.

DTSC may conduct product compliance testing, and you will be contacted if we test some of your old inventory containing the Chemical of Concern. In that case, you will need to demonstrate that you changed your manufacturing practices before the effective date of the Priority Product listing. You can choose to proactively provide this type of information to DTSC to avoid ongoing compliance-related inquiries.

If you completed the reformulation prior to the effective date of the Priority Product regulation, then no. But if you reformulate after the Priority Product listing becomes effective, you must submit a Priority Product Notification, then you can choose to submit a Chemical Removal or Product-Chemical Replacement Notification.

Yes. If the Priority Product you manufacture is placed into the stream of commerce in California, you must submit a Priority Product Notification regardless of the concentration of the Chemical of Concern in the product. The only exception is when the Priority Product regulation includes an Alternatives Analysis Threshold (AAT). In that case, you can submit an Alternatives Analysis Threshold Notification to request an exemption from the requirement to complete an Alternatives Analysis. The AAT Notification must provide proof that the concentration of the Chemical of Concern in your product is at or below the AAT.

No. Solely labeling a product “not for sale in California” does not meet the requirements of the regulations. To comply with the SCP Regulations, you would have to submit a Priority Product Notification. You could then submit a Product Removal Notification if you wish to stop selling the product in California, or you could choose one of the other available options, such as conducting an Alternatives Analysis to determine whether there is a safer way to make the product.

Yes. A Priority Product manufactured before the effective date of the Priority Product regulation may continue to be sold indefinitely, since it is outside the scope of the regulation. However, a Priority Product manufactured after the effective date of the regulation must not be sold once the Product-Chemical Replacement Confirmation has been submitted.

There is no requirement for retailers to discontinue the sale of products manufactured prior to the effective date of the Priority Product regulations. Retailers may only need to discontinue the sale of certain products if the product manufacturer is placed on the Failure to Comply List.

There are no provisions for extensions in the SCP Regulations. The only option that allows you to continue selling the Priority Product in California past the 90 days is to conduct an Alternatives Analysis.

Alternatives Analysis (AA) is the process of comparing a Priority Product with potential alternatives using factors evaluated at each stage of the product’s life cycle. The goal of the AA is to identify possible ways to limit exposures to, or to reduce the extent of adverse public health or environmental impacts posed by, the Chemical(s) of Concern in a Priority Product. The AA is performed by the Priority Product manufacturer or by another Responsible Entity. An AA report must be submitted to DTSC as specified in the SCP Regulations. This can be done via CalSAFER. Upon conclusion of the AA, the manufacturer (or other Responsible Entity) will select an alternative chemical ingredient or alternative product design or will decide to retain the existing product-chemical combination. DTSC will review the AA reports and determine whether a regulatory response is needed.
For more information on conducting an AA, check out the Alternatives Analysis Guide or visit our AA Resources Webpage.

Generally, the Preliminary AA Report must be submitted no later than 180 days after the date the product is listed as a Priority Product. If you introduce a new Priority Product into California after it has already been listed as a Priority Product, your Preliminary AA Report is due 180 days after you first placed the product into the stream of commerce in California. You may request one 90-day extension of the submission deadline for either the Preliminary or the Final AA Report (California Code of Regulations, Title 22, section 69505.1(c)).

When you submit an AA Report and assert that it includes trade secret information, you will be required to supply additional information supporting your claim, and you must also upload a redacted version of the document to CalSAFER. DTSC will review your claim and, if we determine that the information is indeed trade secret, only the redacted document will be viewable by the public. For more information about trade secret protection, review California Code of Regulations, Title 22, section 69509.

“Trade secret” is defined by California Civil Code section 3426.1(d) and California Code of Regulations, Title 22, section 69501.1(a)(66) 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.

You cannot claim trade secret protection for any required hazard trait information, nor for any chemical identity information associated with a hazard trait submission (California Code of Regulations, Title 22, section 69509(f)).

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 SCP’s website. These alternatives include:

• Removing the Chemical(s) of Concern from the Priority Product, with or without the use of one or more replacement chemicals;
• Reformulating or redesigning a Priority Product or the manufacturing process to eliminate or reduce the concentration of the Chemical(s) of Concern;
• Redesigning a Priority Product or manufacturing process to reduce or restrict potential exposures to the Chemical(s) of Concern; or
• Any other change to a Priority Product or a manufacturing process that reduces the potential adverse impacts or potential exposures associated with the Chemical(s) of Concern or reduces the potential adverse waste and end-of-life effects associated with the Priority Product.

Yes. Candidate Chemicals may be considered in an Alternatives Analysis and may be safer depending on the hazard traits or the exposure potential of the Chemical of Concern. If a Candidate Chemical is adopted as an alternative, it may be subject to one or more regulatory responses. Regulatory responses are intended to reduce or eliminate the adverse impacts from the Priority Product and to provide the highest level of protection.

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

You must submit Material Safety Data Sheets or Safety Data Sheets for all components of the Priority Product.

Yes. Previously submitted preliminary AA Reports and Abridged AA Reports are available on CalSAFER. Our Alternatives Analysis Examples webpage also includes highlighted areas of other organizations’ alternatives assessment case studies indicating where these reports are good examples for various sections of an AA Report.
There is also a template for a Preliminary AA Report on the AA Resources webpage.

DTSC will review submitted AA Reports for compliance with the SCP 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 subsequent regulatory actions that need to be taken to comply with the SCP Regulations. Notices of determination are also available on CalSAFER. 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.

Depending on the results of the Alternatives Analysis, DTSC requires regulatory responses when necessary to protect public health or the environment. Regulatory responses are actions DTSC may require, based on the outcome of an Alternatives Analysis, to prevent or manage potential adverse impacts to human health or the environment.

The possible regulatory responses are summarized on our webpage, and further details are available in the Safer Consumer Product regulations in the California Code of Regulations, Title 22, Chapter 55, Article 6.

If you are a Priority Product manufacturer who has completed an Alternatives Analysis (AA), you will need to implement a regulatory response if:

• You decide to keep the Priority Product in the stream of commerce in California after completing the Alternatives Analysis;
• You have selected an alternative to replace the Priority Product;
• You need additional time to either develop or implement an alternative; in this case, DTSC will impose an interim regulatory response; or
• Your AA does not receive a Notice of Compliance.

According to California Code of Regulations, Title 22, section 69506.2(c), DTSC may consider the effects regulatory responses may have on public health, environmental protection, responsible entities’ private economic interests, and DTSC’s costs and administrative burden. In conjunction with public comments received for Alternatives Analysis Reports and pursuant to section 69506(b), DTSC will give preference to regulatory responses that provide the greatest level of inherent protection through the use of safer alternatives rather than methods that reduce exposure.

Regulatory responses are tailored to each Alternatives Analysis Report submitted. Therefore, different regulatory responses may be selected for different manufacturers of the same Priority Product.

There are two opportunities for feedback on the development of a regulatory response. The Abridged or Final Alternatives Analysis Report is the first opportunity for the responsible entity to suggest regulatory responses that may help to reduce adverse impacts or limit exposure to the Chemical of Concern or to replacement Candidate Chemicals. The public may comment on these Alternatives Analysis Reports and on the proposed regulatory response.

The second opportunity comes after DTSC issues a Notice of Proposed Determination, which occurs within 90 days after it issues the final notice on the AA. DTSC will then open a comment period for at least 45 days on CalSAFER and will host a workshop to facilitate comments. It is during this comment period that the responsible entity and members of the public will be able to provide comments on the proposed regulatory response.

DTSC uses information provided by the responsible entity in its Final or Abridged Alternatives Analysis Report and by the public and the responsible entity during the open comment period to issue a Notice of Final Determination for the Priority Product or the selected alternative.

The general timeline for the regulatory response process detailed in California Code of Regulations, Title 22, section 69506.1 is as follows:

• After DTSC issues a Notice of Compliance or Notice of Disapproval in response to a submitted Final or Abridged Alternatives Analysis Report, DTSC will issue a Notice of Proposed Determination within 90 days.
• Upon release of the Notice of Proposed Determination, a public comment period will begin, lasting 45-days or longer. DTSC will host a public workshop to facilitate comments.
• After DTSC reviews submitted public comments, it will release a Notice of Final Determination. The complexity of the regulatory response will determine the amount of time the responsible entity is allowed to implement it.

When available, we post regulatory response summaries on our website. These summaries contain important information about Priority Products, such as their manufacturers, importers, brand and product names, as well as their selected regulatory responses and the due dates for their implementation. More information about regulatory response summaries can be found in California Code of Regulations, Title 22, section 69506.10(d).

DTSC can only prohibit the sale of specific product-chemical combinations, and only in two specific situations. Under California Code of Regulations, Title 22, section 69506.5, DTSC can make this determination if:

• An alternative is not selected for a Priority Product and the overall public benefit of the product does not outweigh its adverse impacts; or
• A safer alternative exists that is functionally acceptable, technically feasible, and economically feasible.

Yes. Per California Code of Regulations, Title 22, section 69506.9, DTSC may grant an exemption request if the responsible entity successfully demonstrates to the satisfaction of DTSC that a regulatory response conflicts with or substantially duplicates a requirement from another California regulatory program, a federal regulatory program, a treaty, or an international agreement. However, before listing a Priority Product, SCP evaluates the potential conflict such a listing could create with other authoritative entities.

Yes. If DTSC requires that the responsible entity provide supplementary information, we may issue a revision to the initial regulatory response. In addition, California Code of Regulations, Title 22, section 69507 describes the dispute resolution procedure. Outside of these two processes, regulatory responses cannot be revised once issued.

DTSC has the authority to audit any information compiled or submitted to the Department (e.g., AA reports or implementation of a regulatory response), per California Code of Regulations, Title 22, Chapter 55, section 69508, which also describes additional details regarding the scope of audits.

If the manufacturer of a Priority Product fails to comply with the Safer Consumer Products Regulations, DTSC will post information identifying and describing the relevant product(s) on DTSC’s Failure to Comply List. 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. 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.

All manufacturers who have failed to comply with the SCP Regulations are listed on this Failure to Comply List.