G/TBT/N/USA/1795  
2 November 2021  
(21-8310) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA   
If applicable, name of local government involved (Article 3.2 and 7.2):  State of 
California  
2. Agency responsible:  Department of Toxic Substances Control, State of California [1824]  
Name and address (including telephone and fax numbers , email  and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other : Conformity 
Assessment Procedure - Local Government (Article 7.2)  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Toluene; 
safer consumer products; Domestic safety (ICS 13.120), Products of the chemical 
industry (ICS 71.100)  
5. Title, number of pages and language(s) of the notified document:  Safer Consumer 
Products: Priority Products List; Nail Products Containing Toluene (8 page(s), in English)  
6. Description of content:  Proposed rule - The Department of Toxic Substances Control 
(DTSC) proposes to amend section 69511 and add section 69511.6 to Article 11 of the 
Safer Consumer Products (SCP) regulations. The proposed action will add nail products 
containing toluene as a Priority Product on the Priority Products List. The listing applies to 
any nail product, including nail coatings and nail pol ish thinners, that is placed into 
commerce in California that contains toluene. For the purposes of this regulation, DTSC 
defines nail coatings as any clear or colored paint, polish, lacquer, enamel, or gel product 
marketed or sold for application to finge rnails or toenails. This proposed amendment 
pertains to identification of a Priority Product under the SCP regulations, approved by 
California's Office of Administrative Law (OAL) and filed with the Secretary of State on 28 
August 2013 (effective date: 1 O ctober 2013; OAL Regulatory Action Number: 2013 -
0718-03). 
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety  
8. Relevant documents:   
No. 40 -Z, California Regulatory Notice Register 1 October (pages 1369 -
1376):   https://oal.ca.gov/wp -content/uploads/sites/166/2021/10/2021 -Notice -
Register -Numb er-40-Z-October -8-2021.pdf  G/TBT/N/USA/1795  
 
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  Further information accessible online from the California Department of Toxic Substances 
Control at https://dtsc.ca.gov/scp/nail -products -conta ining-
toluene/  and https://calsafer.dtsc.ca.gov/cms/commentpackage/?rid=12760  
California Code of Regulations, title 22 (22 CCR), Division 4.5, Chapter 55, section 
69511.6 . 
WTO Members and their s takeholders are asked to submit comments via e -mail to the 
USA TBT Enquiry Point at usatbtep@nist.gov  by or before 4pm EST on 18 November 2021. 
Comments received within the comment period by the USA TBT Enquiry Point from WTO 
Members and their stakeholders will be shared directly with the California  Department of 
Toxic Substances Control (DTSC) and will also be submitted per instructions accessible at 
https://calsafer.dtsc.ca.gov/workflows/comment/ . Public comments submitted on this 
action are accessible at  
https://calsafer.dtsc.ca.gov/cms/search/?type=Submission&subtype=Comments&keywo
rd=12760 . 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  18 November 2021  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2021/TBT/USA/21_6947_00_e.pdf