California's DTSC Releases Draft Green Chemistry Regulation

California's Department of Toxic Substances Control (DTSC) on June 23 released its Draft Regulation for Safer Consumer Products, which stages a key component of the state's 2008 Green Chemistry Initiative law to create a system to regulate chemicals in consumer products. Under the new regulations, which take effect Jan. 1, 2011, manufacturers of products that use toxic materials could be required to carry warning labels, have their products recalled or be asked to replace harmful materials with safer alternatives.

In some cases, the state could ban the sale of products.

Under the proposal, the state would establish a list of "chemicals of concern," which would include carcinogens, mutagens, neurotoxins and compounds that disrupt hormones, persist in the environment, or accumulate in human bodies. DTSC would pick "priority products," popular items that are heavily used by children, pregnant women, the elderly and other sensitive populations.

Manufacturers, suppliers and importers would have to certify to the state - and to retailers - that their products were free of chemicals on the list before they can sell them in California. In some cases, they would also do assessments to find safer alternatives.

The Green Chemistry initiative began in 2008, when Schwarzenegger signed AB 1879 and SB 509, which aimed to create a process for evaluating potential toxics used in consumer goods.

ACA is a participant in the Green Chemistry Alliance via its California Paint Council, which has submitted concerned comments to DTSC prior to its release of the draft regulations.

ACA and is California Paint Council are reviewing the draft regulations and will be submitting comments to DTSC on them by the July 15 comment deadline.

The draft regulations are available at: http://www.dtsc.ca.gov/PollutionPrevention/GreenChemistryInitiative/upload/Safer-Product-Alternative-Regulations-6-23-10.pdf.

For more information: contact ACA's Stacey-Ann Taylor or Steve Sides.

Date Posted: June 29, 2010