Survival of the Fittest...Continued and environmental impacts posed by, the COCs in the product. Thehow best to limit exposures to, or the level of adverse public health DTSC is required to post AA guidance materials to assist in the product/COC combinations to develop a Priority Products list. performance of AAs. Manufacturers notify DTSC of Priority Products and perform an alternatives analysis (AA) for the product and the COCs in the Regulatory Response product. The DTSC identifies and requires implementation of The DTSC is to identify and require implementation of regulatory regulatory response(s). responses designed to protect public health and the environment, and maximize the use of feasible alternatives of least concern. It Chemicals of Concern List may require regulatory responses for a Priority Product/COC if The regulations establish an immediate COC list based on the work the manufacturer decides to retain the Priority Product, or for already done by other authoritative organizations, and specify a an alternative product/chemical selected to replace the Priority process for DTSC to identify additional Product. This must be sent to all retailers. chemicals as COCs. This is narrowed down from 3,000 chemicals from 22 Alternatives Analysis Threshold Exemption existing “authoritative bodies” source This was established by the DTSC considering the ease or lists. The first COC list is effective with difficulty of removing the COC from the product if the COC is a the final promulgation of the rule. contaminant rather than an ingredient. Priority Products List Responsible entities The DTSC will evaluate and prioritize Responsible entities include the manufacturer (person that makes product/COC combinations to develop the product or the person who controls the specifications and a list of “Priority Products” for which design of, or use of materials in, the product), the U.S. importer of Power alternatives analyses must be conducted. the product and retailers who sell the product in California. This It will be published within 180 days of includes all consumer products that contain a COC and are sold, the effective date of regulation, contain initially no more than five offered for sale, distributed, supplied, or manufactured in California. products and be reviewed and revised at least once every three Exemptions include: years. • dangerous prescription drugs and devices & their packaging • dental restorative materials & their packaging Alternatives Assessment • medical devices & their packaging Responsible entities must notify the DTSC when their product • food is listed as a Priority Product. Manufacturers of Priority Products • pesticides must perform AA for the product and the COCs and determine • products used solely to manufacture an exempted product 42 SPRAY November 2012
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