Paint, Varnish, and Graffiti Remover Products: Next Up for Regulation by California

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Paint and varnish stripper products containing 1-methyl-2-pyrrolidone (NMP) are proposed as the fifth category of products to be regulated as a “Priority Product” under the California safer consumer product regulations.

The first category of products listed in July 2017 is children’s foam-padded sleeping products containing certain flame retardants.  The second category, spray polyurethane foam with unreacted MDI, was just listed in July 2018.   Since no one manufactures the sleeping products and the spray polyurethane foam listing is brand new, we have yet to see any business implement the voluminous analysis required by the regulations.  The other two product categories, carpets and rugs with PFAS and laundry detergents with NPE, are still in the proposal phase.

To further this priority product proposal, the DTSC released a Draft Product-Chemical Profile describing the information that the DTSC relied upon in making a determination that this product-chemical combination qualifies as a “priority product” under the factors required by the regulations.

The DTSC will be hosting a public workshop regarding the draft profile on September 18, 2018 from 9:00 am to 12:00 pm in room 550 in the Cal EPA building. The DTSC is accepting written comments on the draft profile at its CalSAFER portal until October 1, 2018.

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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.

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