On November 16, 2010, the California Department of Toxic Substances Control (“DTSC”) issued revisions to its proposed Safer Consumer Product Alternatives regulations. In response to comments, DTSC made a number of significant changes to its draft Green Chemistry regulations and has solicited additional public commentuntil December 3, 2010.

As reported in our earlier Newsletter, on September 14, 2010, DTSC proposed regulations to establish a comprehensive new system for requiring safer alternatives to consumer products and chemicals as prioritized by DTSC based upon the relative degree of threat posed to public health and the environment, availability of reliable information to substantiate the threat, and DTSC resources.

Despite two years of stakeholder feedback prior to proposing its regulations, in response to comments, DTSC not only substantially rearranged certain sections of the regulations, but alsorevised its draft regulation by...