Consumer Product Alert: California Revises Draft Green Chemistry Regulations

more+
less-

On January 29, 2013, California’s Department of Toxic Substances Control (DTSC) released revisions to the next generation of its proposed consumer product regulations. The draft regulations set out the details of California’s Green Chemistry Initiative, which requires product manufacturers to examine whether they can replace existing chemical ingredients with alternatives that are deemed safer for consumers and the environment. These far-reaching regulations will require businesses selling products in California to make major investments in compliance and change the way manufacturers look at their supply chain and product design planning.

The revised regulations follow the same basic framework as previous drafts (discussed in further detail in our prior Updates, which you can access here and here). They establish a four-step regulatory process in which DTSC (i) identifies candidate chemicals of concern (“Candidate Chemicals”), (ii) develops a list of priority products containing those Candidate Chemicals (“Priority Products”), (iii) requires manufacturers of Priority Products to notify DTSC and analyze possible product alternatives, and (iv) imposes a regulatory response, which can include requiring reformulation or even banning the sale of products in California. Although the regulations impose the “principal duty to comply” on the manufacturer and, secondarily, on the importer, the retailer must also comply (or cease ordering the Priority Product component) if the manufacturer fails to do so, and DTSC provides notice of noncompliance to the retailer.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP | Attorney Advertising

Written by:

more+
less-

Morrison & Foerster LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×