On 15 July 2016, the Department of Toxic Substances Control (DTSC) of California has proposed its regulation listing the first set of Priority Products under the Safer Consumer Products Regulations (SCPR). DTSC will accept comments on this proposal regulation until 29 August 2016.
Priority Product is a consumer product identified by DTSC that contains one or more chemicals, known as Candidate Chemical, that have a hazard trait that can harm people and the environment. In this proposed regulation DTSC has picked children's foam-padded sleeping products containing tris(1,3-dichloro-2-propyl) phosphate (TDCPP) (CAS 13674-87-8) or tris(2-chloroethyl) phosphate (TCEP) (CAS 115-96-8) as a Priority Product.
Children’s foam-padded sleeping products includes, but not limited to:
Soft-sided portable cribs
Play yards or playards
Infant travel beds
Portable infant sleepers
Infant sleep positioners
Baby or toddler foam pillows
However, DTSC has excluded belowmentioned products from this regulation as they are already covered by other existing regulation of California or by Federal regulation.
Mattresses as defined and covered by the requirements of CPSC 16 CFR 1632/1633 or products containing mattresses and mattresses pads;
Furniture covered by the requirements of California Technical Bulletin 117-2013; and
Add-on child restraint systems for use in motor vehicles and aircraft that are required to meet federal flammability standards.
Once this regulation is approved, the ‘responsible entities’, who could be manufacturers, importers, assemblers or retailers, are required to perform an Alternatives Analysis to determine how to limit exposure to, or reduce the level of, public health and/or environmental harm. After which, they have to submit the Alternatives Analysis Report to DTSC within 180 days after the effective date of this regulation.