DTSC to Release Second AB 1879 Draft Regulatory Proposal

October 1, 2009
Chemicals Advisory

The California Department of Toxic Substances Control ("DTSC") anticipates releasing today its second draft regulatory proposal implementing AB 1879. The proposal will establish the framework for the identification of chemicals of concern ("COCs") in consumer products by:

The draft regulatory proposal also establishes the basis for prioritizing COCs for safer alternatives assessments. For example, it identifies as a top priority those COCs that have been detected in humans through human biomonitoring programs. With respect to possible response actions following any safer alternatives assessment, if the assessment concludes that no alternatives to the COC exist, the product will be banned five years thereafter.

The proposal is a pre-decisional document not subject to formal public notice and comment. Nevertheless, DTSC will be inviting comments to this second draft proposal, thereby providing further opportunities for stakeholders to shape the regulation. Businesses wishing further information about the proposal or how to submit comments to DTSC should contact Ann Grimaldi. 

What is AB 1879?

AB 1879 is one of two new California Green Chemistry Initiative laws passed in September 2008. The law requires DTSC to develop regulations:

  • to create a process for identifying and prioritizing chemicals of concern ("COCs") in consumer products; and
  • to create methods for analyzing safer alternatives to prioritized COCs in consumer products.

DTSC may take a broad range of actions following the safer alternatives assessment ranging from no action to restrictions or bans of COCs. Significantly, “consumer products” is defined broadly to include any product bought, used or leased by a person for any purpose, and thereby includes business to business sale of products such as bulk chemicals. Thus, once implemented AB 1879 will have an unprecedented effect on entities, wherever they are located, that do business in California.

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