If you do not comply with the regulations, you cannot sell in California, the eighth largest economy in the world.
If you are a “Responsible Party,” i.e., a manufacturer, a retailer or a brand, as defined by the Department Toxic Substances Control (DTSC), consider these five questions as you start your journey to implement the CA Safer Consumer Products program.
How will Responsible Parties meet the regulations?
They must conduct an alternatives analysis (AA), to compare the existing Priority Product/hazardous chemical with potential alternatives. The results are submitted to DTSC and a decision is made to:
- Select an alternative chemical or product design
- Retain the existing product-chemical combination
- Stop selling the product in California
Who is responsible for meeting the regulations?
My interpretation is that the brand or retailer must ensure the AA is conducted and submitted because they sell the product to the consumer.
What are the challenges associated with conducting an AA?
Cost and complexity!
Some companies do not have the technical expertise or resources to conduct an AA. Companies that do not manufacture their products may not know what chemicals they contain. You will need to know what chemicals are in your products to meet the regulations.
The amount of transparency to chemicals in products differs by industry and regulations. For example, Personal Care products list ingredients whereas apparel does not.
How will AA’s be conducted?
AA’s are expensive. It makes sense for companies, industry collaborations, cities, or even states to work together and share the cost and results of the AA. This approach may be the best way to meet the regulations as long as issues with confidential business information can be solved.
When will the Safer Consumer Products program affect my industry?
A three-year Priority Product Work Plan, which will be finalized this year, will identify product categories. Priority Products will then be selected.
The product categories are broad and list potential Candidate Chemicals but no Priority Products yet.
Some of the product categories include: Beauty and Personal Care, Building Products and Materials, Cleaning Products, Fish and Angling Equipment, Office machinery and Clothing.
Impacts to your business
Questions to Consider:
- Do you manufacture or sell products in the product categories identified in the work plan?
- Do you have a strategy in place to identify what candidate chemicals are in your products?
- Do you have a process to identify safer alternatives?
For help with any issue associated with chemicals, contact Amanda Cattermole at (415) 412 8406 or Amanda@cattermoleconsulting.com. We can help you develop powerful solutions to protect your company and brand reputation that also result in safer products manufactured in cleaner supply chains.
Tips and Insights is published bi-monthly and contains information to help you make informed chemicals management decisions. Each post highlights a particular topic and includes questions you may want to consider