On July 1, 2017, California’s Department of Toxic Substances Control (DTSC) imposed regulation1on ‘Children's Foam-Padded Sleeping Products’ containing Chemicals of Concern, TDCPP2 or TCEP3. This is the first priority product under ‘Safer Consumer Products Regulation’.
Children's Foam-Padded Sleeping Products means polyurethane foam-padded, assembled products including nap mats, cots, sleep positioners, travel beds, bassinet foam, portable crib mattresses, playards, playpens and foam pillows; designed or intended primarily for 12 years or younger children to nap or sleep on4. It is estimated that the regulated products are sold by approximately 75 companies1.
Tris(1,3-dichloro-2-propyl) phosphate (TDCPP), CAS RN: 13674-87-8; and Tri(2-chloroethyl) phosphate (TCEP), CAS RN: 115-96-8 are flame retardants associated with carcinogenic, endocrine disruption, Neurotoxicity, Hepatotoxicity, Nephrotoxicity, reproductive and developmental toxicity potential.
Impending Due Date for Obligatory Notification The regulations require responsible entities (manufacturers, importers, assemblers, and retailers) to submit Priority Product Notifications to the DTSC through the CalSAFER information management system5 within 60 days of the regulation effective date ‘July 1, 2017’ (i.e. by August 30, 2017). For new products that are placed in California market after regulation effective date, notification5 is due within 60 days after the product is first placed in the commercial stream.
Additionally, responsible entities are required to start the process of finding safer alternatives or eliminating the use of these chemicals. To conform to the administrative requirements, the responsible entity must submit the Preliminary Alternatives Analysis Report within 180 days of the regulation effective date1 , 6.
Background California’s Green Chemistry Law or Safer Consumer Products Regulations aims at replacing/reducing toxic chemicals in consumer products and expands authority of DTSC to regulate chemicals of concern in consumer products. DTSC identifies chemicals which are potentially hazardous to health and environment. These are called Candidate Chemicals. Subsequently Product-Chemical combinations are identified to develop a list of Priority Products for which a safer alternative chemical is required6.