Priority Products

A Priority Product is a consumer product that (1) contains one or more Candidate Chemicals that have the potential to harm people or the environment, and (2) has been formally listed in the California Code of Regulations through rulemaking.

In determining whether to regulate a product-chemical combination as a Priority Product, we generally evaluate products within specific product categories. The product categories we are currently evaluating are identified in our three-year Priority Product Work Plan.

WE IDENTIFY PRIORITY PRODUCTS FOLLOWING THE PROCESS DESCRIBED IN THE SAFER CONSUMER PRODUCTS REGULATIONS

The SCP regulatory framework is not based on quantitative risk assessment. According to the SCP Regulations, we consider two primary factors when identifying product-chemical combinations:

• The potential for exposure to the Candidate Chemicals in the product
• The potential for that exposure to cause significant or widespread adverse impacts

When evaluating the adverse impacts of Candidate Chemicals in specific products on humans, wildlife, and the environment, we can consider additional factors such as impacts on sensitive populations, waste and end-of-life impacts, and the availability of safer alternatives.

In addition to the primary factors specified in the SCP Regulations, our decisions are informed by several policy considerations, including:

• How definitive the science is on the topic; what the chemical’s hazard traits are; or how severe, prevalent, or pervasive any potential adverse impacts might be
• Whether naming a Priority Product will meaningfully enhance protection of public health or the environment, beyond the protections provided by existing laws and regulations
• Whether alternatives to the Chemical of Concern are available

WE MUST ADOPT PRIORITY PRODUCTS INTO REGULATION THROUGH A FORMAL RULEMAKING PROCESS

We follow a formal rulemaking process to list a Priority Product into the California Code of Regulations, in conformance with California’s rulemaking law – the Administrative Procedure Act (APA). The APA process includes a 45-day public notice and comment period. It allows us up to one year from the public notice date to finalize our regulations.

ONCE A NEW PRIORITY PRODUCT IS LISTED, MANUFACTURERS HAVE THE PRIMARY DUTY TO COMPLY

Once a Priority Product listing is finalized, manufacturers have 60 calendar days to submit a Priority Product Notification (PPN) using our information management system CalSAFER. After submitting the PPN, and no later than 180 days after the effective date of the regulations, each manufacturer must submit additional documentation, such as a Preliminary Alternatives Analysis report or a notification that it will remove the product from the California market or remove or replace the Chemical of Concern within 90 days. Manufacturers are also responsible for implementing any regulatory responses issued by DTSC for the Priority Product based on the results of the Alternatives Analysis.

For more information, please refer to our Frequently Asked Questions.

NOT ALL EVALUATIONS LEAD TO A PRIORITY PRODUCT LISTING

In some cases, after evaluating a consumer product containing one or more Candidate Chemicals, we may choose not to adopt regulations designating it as a Priority Product. Instead, we summarize the information we relied on in evaluating the product and describe our rationale for the decision not to pursue regulation. These summaries can be found at the links below:

• Lead Acid Batteries. December 2024
• Hair Straighteners Containing Formaldehyde, May 2024
• Food Packaging Containing Perfluoroalkyl or Polyfluoroalkyl Substances, October 2021
• Phthalates in Food Packaging, February 2021

How to stay informed

You can follow our ongoing work on the SCP Timeline. Please also monitor this page for updates on our Priority Product listings. To be the first to learn about upcoming actions and events, sign up for our e-List.