New Consumer Safety Regulations Proposed Under California Safer Consumer Products Program

New Consumer Safety Regulations Proposed Under California Safer Consumer Products Program

The state of California has enacted three product safety regulations in accordance with the Safer Consumer Products (SCP) program. Building upon the 2008 Green Chemistry Initiative, these bills provide the Department of Toxic Substances Control (DTSC) with the authority to more easily enforce the priority products list. The increased enforcement of this list, which is comprised of chemicals that have been proven to cause harm, is expected to affect a number of consumer-facing industries. This blog will discuss the new regulations and how they may impact companies.

SB-392 Hazardous materials: Green Chemistry: Consumer Products

The Senate Appropriations Committee unanimously agreed to enact bill SB-392 Hazardous materials: green chemistry: consumer products on May 16, 2019. This bill expands the powers of the DTSC, allowing them to bypass alternative assessment processes and regulate priority products.

Under the bill, the DTSC must reevaluate the candidate chemical list for the inclusion of the following items before 2021:

  • Prohibited allergens in perfume listed under the Annex II list defined in EC 1223/2009.
  • Asthmagens identified by the American Conference of Governmental Industrial Hygienists.
  • Chemicals identified by the Office of Environmental Health Hazard Assessment (OEHHA).
  • Chemicals identified under the California Environmental Contaminant Biomonitoring Program.

This bill would also allow the DTSC to refer to publicly available analyses of priority products rather than require a manufacturer to analyze the product themselves, making it increasingly important that manufacturers know which products are in scope of the regulation.

SB-647 Hazardous Substances: Metal-Containing Jewelry

At the same time as SB-392 was enacted, the committee also advanced bill SB-647 Hazardous substances: metal-containing jewelry, which aims to reduce lead and cadmium content in different types of jewelry to the levels required by EU REACH. Specifically, that means jewelry must contain:

  • Less than 500 parts per million (ppm) in unplated metal, dye, surface coatings and electroplated metal.
  • Less than 200 ppm in rubber and plastic.

The bill also expands the definition of “children’s jewelry” to include products intended for children 15 years of age and younger.

While existing laws already prohibit the sale of lead articles to children,  SB-647 is a step in the direction of completely eliminating lead from all consumer products. This shift has already begun to impact retailers, as demonstrated by Amazon’s recent commitment to block the sale of jewelry and children’s school supplies that contain lead. The retail marketplace now requires proof the products are non-toxic and do not exceed 100 ppm of lead in children’s supplies, as required by the federal Consumer Product Safety Improvement Act.

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AB-647 Hazardous Materials: Cosmetics: Safety Documents

Bill AB-647 Hazardous materials: cosmetics: safety documents aims to address access to information on chemicals in products that affect consumers and service providers. The bill mandates that manufacturers must post safety data sheet (SDS) information online in at least one language other than English — such as Spanish, Vietnamese, Chinese and Korean — for cosmetics or disinfectant products that contain hazardous substances, where applicable.

Despite objections from the Chemical Industry Council of California (CICC) and other industry members due to a risk of misinformation, the bill passed the Assembly Appropriations Committee with 59 votes to one on May 20, 2019.

Looking Ahead

California’s commitment to regulating chemicals continues to affect companies across industries. Additional measures are already on the horizon, including AB 161 Solid waste: paper waste: electronic proofs of purchase, which was also moved ahead by the Assembly. If enacted, AB 161 would block companies from providing paper receipts unless requested by a customer.

As regulations change, it is important to track substances that may be subject to future restrictions. Using Assent’s Full Material Disclosure solution enables customers to easily collect supply chain data, and keep it readily available and searchable before substances are regulated.

To learn how our Product Compliance Suite can streamline your supply chain data collection and reporting processes, email