On March 13, 2014, the California Department of Toxic Substances Control (DTSC) released its initial proposed list of “Priority Products” for regulation under DTSC’s Safer Consumer Products program. The three categories of products that DTSC selected for inclusion in the initial proposed list are:

• Spray Polyurethane Foam Systems containing unreacted diisocyanates;
• Children’s Foam Padded Sleeping Products containing Tris(1,3-dichloro-2-propyl) phosphate or TDCPP; and
• Paint and Varnish Strippers, and Surface Cleaners with methylene chloride.

The detailed initial proposed Priority Products list is available here. The listing of spray polyurethane foam (SPF) systems is of particular concern for those in the construction and real estate development industries. SPF systems are used in, among other things, “insulation, roofing, sealing, and filling of voids and gaps.”

DTSC will now begin the process of finalizing the list by adopting regulations for each Priority Product. That process is expected to take up to one year. Finalization of the initial list will trigger regulatory requirements for manufacturers, importers, assemblers, and retailers (“Responsible Entities”) that make, import, assemble, or sell a Priority Product. More information on the steps DTSC will take and the resulting requirements for Responsible Entities is available here.