How Do the Priority Products Affect Me?
How Do I Know if I Make a Priority Product?
If you manufacture a Priority Product, you will be affected. If you’re not sure what a Priority Product is, the Initial Priority Products List clearly describes 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 were the basis for the products inclusion on the Initial List are fully identified for each product.
If you have questions about whether your product is a proposed Priority Product, contact us at SaferConsumerProducts@dtsc.ca.gov.
You can sign up for the Safer Consumer Products electronic mailing list if you would like to receive emails regarding the proposed Initial Priority Products List.
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. (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.)
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?
Responsible entities who manufacture Priority Products are required to notify DTSC. The Department is developing an online system for electronic submittals of Priority Product Notifications. The Priority Product Notification includes:
- Name and contact information of the responsible entity and whether the responsible entity is the product manufacturer, importer, assembler, or retailer.
- The type, brand name, and product name of the Priority Product. This includes a description of known products where the Priority Product is used as a component of one or more assembled products.
- If applicable, the name of and contact information for the entity that will be complying with the Safer Consumer Product requirements on behalf of or instead of the responsible entity.
- If applicable, an indication that a notification is being submitted stating either that the Chemical(s) of Concern is present in the manufacturer’s Priority Product only as contaminants or at very low concentrations; that the manufacturer intends to remove the Chemical of Concern from the product; or that the manufacturer no longer intends to sell the product in California.
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.
SCP Priority Products
- Children's Foam-Padded Sleeping Products with TDCPP or TCEP Effective as of 7/1/17
- Spray Polyurethane Foam with Unreacted MDI Effective as of 7/1/18
- Paint or Varnish Paint Strippers Containing Methylene Chloride Effective as of 1/1/19