Comments Accepted Through Wednesday August 31 on TDCPP in Foam Padded Sleeping Products
Wed Aug 31st, On Environmental Law, by Bick Law LLP
The Department of Toxic Substances Control (DTSC) has identified children’s foam-padded sleeping products that contain the flame retardant TDCPP as an Initial Priority Product pursuant to the Safer Consumer Products Act. These polyurethane foam-padded sleeping products include:
- Nap mats and cots
- Sleep positioners
- Travel Beds
- Bassinet foam
- Portable crib mattresses
- Play pens
- Car bed pads
TDCPP, also known as chlorinated tris or tris(1,3-dichloro-2-propyl) phosphate, is considered a carcinogen by California’s Office of Environmental Health Hazard Assessment.
The Department of Toxic Substances Control (DTSC) is seeking public comment on the listing of children’s foam-padded sleeping products containing the flame retardant chemicals TDCPP and/or TCEP as a Priority Product. This comment period is extended until Wednesday, August 31, 2016 at 5:00pm.
DTSC’s final 2015-17 Work Plan describes product categories from which the Department will select Priority Products over the next three years. For the 2015-17 Work Plan, DTSC chose seven product categories:
- Beauty, Personal Care and Hygiene Products
- Building Products and Household, Office Furniture and Furnishings
- Building Products: Painting Products, Adhesives, Sealants, and Flooring
- Household, Office Furniture and Furnishings
- Cleaning Products
- Clothing
- Fishing and Angling Equipment
- Office Machinery
DTSC will identify specific products within these categories as potential Priority Products.
Under the Safer Consumer Products Act, DTSC is required to prepare a Work Plan every three years. The Work Plan provides some level of predictability regarding categories of products DTSC may choose to investigate and potentially regulate. The purpose is to provide businesses with advance notice so that they can choose to modify product designs if necessary to replace Candidate Chemicals that are in categories of products listed in the Work Plan. The Work Plan does not guarantee the categories identifies will be regulated as Priority Products, but it does guarantee that categories not identified will not be regulated within the three years of the Work Plan. DTSC is required to issue an update to each Work Plan one year before its expiration date to indicate the categories to be investigated during the next three-year cycle.
DTSC will hold a series of workshops starting the latter half of 2016 to discuss product categories and potential Priority Products.