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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 111/2/21

8 November 2011

Dear Sirs,

Commercial Information Circular No. 690/2011

US : California State to Release Draft Regulations for Safer Consumer Products

The US State of California Department of Toxic Substances Control (DTSC) released draft regulations for Safer Consumer Products. Interested parties may submit comments by 30 December 2011. The regulation is available at: 
http://www.dtsc.ca.gov/LawsRegsPolicies/Regs/upload/SCP-Regulations-Informal-Draft-10312011.pdf

DETAILS

2. The regulations established a four step process to identify safer consumer products:

  1. Establish a list of Chemicals of Concern (COCs) exhibiting an expanded list of hazard traits or environmental or toxicological endpoints specified under the Office of Environmental Health Hazard Assessment and listed under other authoritative bodies.
     

  2. Evaluate and prioritize products that contain chemicals on the COCs list in order to develop a list of "Priority Products" for which an alternative assessment must be conducted.
     

  3. Require manufacturers, importers and retailers to notify DTSC if their product is listed as a Priority Product list so that DTSC can post it on its website. Responsible entities will be required to perform an Alternatives Assessment for its products and the COCs in the product to determine how to best limit exposure or potential adverse impacts.

  4. Identify and impose regulatory responses to limit potential adverse public health and or environmental impacts posed by the Priority Product or its COCs or from the alternative chemical or product selected to replace the Priority Product.

3. The regulations apply to all consumer products placed into the stream of commerce in California. There are limited exemptions for:

  • Any product that is exempted from the definition of "consumer product", or to any product that is placed into the stream of commerce in California solely for the manufacture of one or more of the products exempted from the definition of "consumer product";

  • Any consumer product manufactured or stored in, or transported through, California, solely for use outside California; and

  • A consumer product that is regulated by one or more federal and/or California State regulatory program(s), and/or applicable international trade agreements, where the programs or agreements (1) address the same adverse public health and environmental impacts and exposure pathways that would otherwise be the basis for the products being listed as a Priority Products; (2) provide a level of public health and environmental protection that would potentially be provided if the product was listed as a Priority Product.

ENQUIRIES

4. For enquiries concerning this circular, please contact the undersigned at telephone number 2398 5403.

Yours faithfully,



(Ms Cindy CHENG)
for Director-General of Trade and Industry