reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 6 - Regulatory Responses › Section 69506 - Regulatory Response Selection Principles

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Need for Regulatory Response. The
				  Department shall identify and require implementation of one or more regulatory
				  responses for Priority Products and/or selected alternative products when the
				  Department determines such regulatory responses are necessary to protect public
				  health and/or the environment. In selecting regulatory responses, the
				  Department shall seek to maximize the use of alternatives of least concern when
				  such alternatives are functionally acceptable, technically feasible, and
				  economically feasible.
(b) Inherent
				  Protection Preference. In selecting regulatory responses, the Department shall
				  give preference to regulatory responses providing the greatest level of
				  inherent protection. For these purposes, "inherent protection" refers to
				  avoidance or reduction of adverse impacts, exposures, and/or adverse waste and
				  end-of-life effects that is achieved through the redesign of a product or
				  process, rather than through administrative or engineering controls designed to
				  limit exposure to, or the release of, a Chemical of Concern or replacement
				  Candidate Chemical in a product.
(c) Selection Factors. In selecting
				  regulatory responses, the Department may consider the following factors:
(1) Public health and environmental
				  protection.
(A) The degree to which, and
				  speed with which, the regulatory response can address the adverse impacts
				  and/or adverse waste and end-of-life effects of the Chemical(s) of Concern or
				  replacement Candidate Chemicals in the selected alternative, or the Chemical(s)
				  of Concern in the Priority Product;
(B) The ability of end-users to understand
				  and act upon any regulatory response involving provision of information and/or
				  directions with respect to the Priority Product; and
(C) Any adverse ecological impacts of the
				  regulatory response on sensitive resources, or unique or additional burdens
				  that the regulatory response would impose upon sensitive
				  subpopulations.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 6 - Regulatory Responses › Section 69506.1 - Applicability and Determination Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicability. Except as specified
				  otherwise, this article applies to any product placed into the stream of
				  commerce in California that is:
(1) A
				  Priority Product for which an alternative is not selected;
(2) An alternative selected under section
				  69505.6(d);
(3) A Priority Product that will remain in
				  commerce in California pending development and distribution of a selected
				  alternative; or
(4) A Priority
				  Product for which the revised Final AA Report or revised Abridged AA Report is
				  disapproved by the Department under section
				  69505.9(c)(3).
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 6 - Regulatory Responses › Section 69506.2 - Supplemental Information and Regulatory Response Revisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Supplemental Information for Selection of
				  Regulatory Response(s). Prior to imposing any regulatory response for a
				  product, the Department may require the responsible entity to obtain or
				  develop, and provide to the Department within a specified time frame, any
				  information supplementary to the AA Report that the Department determines is
				  necessary to select and ensure implementation of one or more regulatory
				  responses.
(b)
				  Information-Generation for Revision of Regulatory Response(s).
(1) When imposing one or more regulatory
				  responses for a product, the Department may include a requirement that the
				  responsible entity provide information to the Department to fill one or more
				  information gaps identified in the AA Report under section
				  69505.7(i)(2), if
				  the Department determines this information is necessary to re-evaluate one or
				  more of the other initial regulatory responses.
(2) Following receipt of information required
				  to be provided under paragraph (1), the Department may, based on this new
				  information, revise the initial regulatory response(s) imposed for the product
				  in accordance with the procedures set forth in section
				  69506.1. Any revisions to the
				  initial regulatory responses shall be noticed for public review and comment no
				  later than ninety (90) days after receiving the information required to be
				  provided under paragraph (1).
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 6 - Regulatory Responses › Section 69506.3 - Product Information for Consumers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicability. This section applies to:
(1) Priority Products for which an
				  alternative is not selected;
(2)
				  Priority Products that continue to be introduced into commerce in California
				  pending development and distribution of an alternative product for longer than
				  twelve (12) months after the Department issues a notice of compliance or a
				  notice of disapproval for the AA Report; and
(3) Selected alternative products that retain
				  the Chemical(s) of Concern, and/or contain any replacement Candidate
				  Chemical(s).
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 6 - Regulatory Responses › Section 69506.4 - Use Restrictions on Chemicals and Consumer Products

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department may impose restrictions on the use of one or
					 more Chemicals of Concern or replacement Candidate Chemicals in a selected
					 alternative, or Chemicals of Concern in a Priority Product for which an
					 alternative is not selected, or restrictions on the use of the product itself,
					 that the Department determines are necessary to reduce the potential for the
					 product to contribute to or cause adverse impacts and/or adverse waste and
					 end-of-life effects. Use restrictions may include one or more of the
					 following:
(a) Restrictions on the
				  amount or concentration of the Chemical(s) of Concern or replacement Candidate
				  Chemical(s) permitted in a product;
(b) Restrictions on the settings in which a
				  product may be sold or used;
(c)
				  Restrictions regarding the form in which a product is sold;
(d) Restrictions on who may purchase and/or
				  use a product;
(e) Requirements for
				  training of product purchasers and/or users; and/or
(f) Any other use restriction that reduces
				  the amount of any Chemical(s) of Concern or replacement Candidate Chemical(s)
				  in the product, or reduces the potential for the product to contribute to or
				  cause an exposure to the Chemical(s) of Concern or replacement Candidate
				  Chemical(s) in the product.
1. New
					 section filed 8-28-2013; operative 10-1-2013 (Register 2013, No.
					 35).
Note: Authority cited: Sections
						25253
						and
						58012,
						Health and Safety Code. Reference: Section
						25253,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 6 - Regulatory Responses › Section 69506.5 - Product Sales Prohibition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Existence of Safer Alternative(s). Except as provided in subsection (c), the
				  Department may require a responsible entity to cease placing into the stream of
				  commerce in California a selected alternative product that contains one or more
				  Chemicals of Concern or replacement Candidate Chemical(s), or a Priority
				  Product for which an alternative is not selected, if the Department provides a
				  regulatory response determination notice to that effect to the responsible
				  entity under section
				  69506.1 that includes a
				  determination by the Department that a safer alternative exists that does not
				  contain the Chemical(s) of Concern or replacement Candidate Chemical(s) and
				  that is functionally acceptable, technically feasible, and economically
				  feasible. In making this determination, the Department shall consider the
				  potential adverse impacts and potential exposure pathways associated with the
				  alternative product or Priority Product, as applicable.
(b) No Existing Safer Alternatives.
(1) Except as provided in subsection (c), the
				  Department may issue a regulatory response determination notice under section
				  69506.1 that includes a
				  determination by the Department that a product containing the Chemical(s) of
				  Concern or replacement Candidate Chemical(s) may no longer be placed into the
				  stream of commerce in California, notwithstanding the fact that there are no
				  currently identified safer alternatives that are functionally acceptable,
				  technically feasible, and economically feasible.
(2) Prior to issuing a notice under paragraph
				  (1), the Department shall request the responsible entity to provide, within
				  sixty (60) days, documentation that demonstrates to the Department's
				  satisfaction both of the following:
(A) The
				  overall beneficial public health and/or environmental impacts and/or social
				  utility of the product significantly outweigh the overall adverse impacts of
				  the product; and
(B) Administrative
				  and/or engineering restrictions on the nature and/or use of the product will
				  adequately protect public health and the environment.
(3) The Department may issue a notice under
				  paragraph (1) if the responsible entity does not provide the documentation
				  requested under paragraph (2) within sixty (60) days, or if the submitted
				  documentation does not make the demonstrations required under paragraph (2) to
				  the Department's satisfaction.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 6 - Regulatory Responses › Section 69506.6 - Engineered Safety Measures or Administrative Controls

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Requirement for Controls. The Department
				  may require a manufacturer to engineer safety measures that integrally contain
				  or control access to, and/or implement administrative controls that limit
				  exposure to, the Chemical(s) of Concern or replacement Candidate Chemical(s) in
				  a selected alternative, or the Chemical(s) of Concern in a Priority Product for
				  which an alternative is not selected, to reduce the potential for adverse
				  impacts.
(b) Criteria. Engineering
				  or administrative controls may be required if one or more of the following
				  applies:
(1) Reliable information indicates
				  the presence of the Chemical(s) of Concern or replacement Candidate
				  Chemical(s), or its/their degradate, metabolite, or reaction products, in a
				  particular subpopulation that has one or more routes of exposure to the
				  chemical(s);
(2) Reliable
				  information indicates an elevated level of the Chemical(s) of Concern or
				  replacement Candidate Chemical(s) in an indoor building or other enclosed
				  environment; and/or
(3) Improper
				  product handling increases the potential for release of, or exposure to, the
				  Chemical(s) of Concern or replacement Candidate
				  Chemical(s).
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 6 - Regulatory Responses › Section 69506.8 - Advancement of Green Chemistry and Green Engineering

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a manufacturer concludes that no safer alternative to
					 its Priority Product is functionally acceptable, technically feasible, and
					 economically feasible, or a manufacturer selects an alternative that reduces
					 but does not eliminate the use of Candidate Chemicals in the product, the
					 Department may require the manufacturer to initiate a research and development
					 project or fund a challenge grant pertinent to the Priority Product that uses
					 green chemistry and/or green engineering principles to do one or more of the
					 following:
(a) Design a safer
				  alternative to the Priority Product;
(b) Improve the performance of a safer
				  alternative to the Priority Product;
(c) Decrease the cost of the safer
				  alternative to the Priority Product; and/or
(d) Increase the market penetration of a
				  safer alternative to the Priority Product.
1. New
					 section filed 8-28-2013; operative 10-1-2013 (Register 2013, No.
					 35).
Note: Authority cited: Sections
						25253
						and
						58012,
						Health and Safety Code. Reference: Section
						25253,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 6 - Regulatory Responses › Section 69506.9 - Exemption from Regulatory Response Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Exemption Requests. A product is exempt
				  from sections
				  69506.3 through
				  69506.8, if the responsible entity
				  requests, and the Department grants, an exemption. A responsible entity seeking
				  an exemption shall submit an exemption request to the Department no later than
				  sixty (60) days after the Department issues a final regulatory response
				  determination notice for the product.
(b) Contents of Requests. An exemption
				  request submitted under subsection (a) must include:
(1) The name of, and contact information for,
				  the person filing the exemption request;
(2) The name of, and contact information for,
				  the responsible entity(ies) on whose behalf the exemption request is being
				  submitted;
(3) If different from
				  paragraphs (1) and (2), the name of, and contact information for, the
				  manufacturer(s) and importer(s) of the product;
(4) The name of, and contact information for,
				  other responsible entities for the product, to the extent known to the person
				  submitting the exemption request;
(5) Information identifying and describing
				  the product, and the brand name(s) and product name(s) under which the product
				  is placed into the stream of commerce in California, and, if the product is a
				  component of one or more assembled products, a description of the known
				  product(s) in which the component is used; and
(6) Information that demonstrates to the
				  Department's satisfaction that one or both of the following applies:
(A) The required or proposed regulatory
				  response conflicts with one or more requirements of another California State or
				  federal regulatory program or applicable treaties or international agreements
				  with the force of domestic law in such a way that the responsible entity cannot
				  reasonably be expected to comply with both requirements; and/or
(B) The required or proposed regulatory
				  response substantially duplicates one or more requirements of another
				  California State or federal regulatory program or applicable treaties or
				  international agreements with the force of domestic law without conferring
				  additional public health or environmental protection
				  benefits.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 6 - Regulatory Responses › Section 69506.10 - Regulatory Response Report and Notifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notification to Supply Chain. A
				  responsible entity subject to a regulatory response other than one imposed
				  under sections
				  69506.2 and
				  69506.8 shall ensure that a
				  notification is sent to all persons in California, other than the final
				  purchaser or lessee, to whom the responsible entity directly sells the product,
				  and any other person other than the final purchaser or lessee to whom the
				  responsible entity directly sells the product if it is reasonably foreseeable
				  that the product will be placed into the stream of commerce in California,
				  informing those persons of the applicability of the regulatory response to the
				  product. The notification shall be sent, with a copy sent to the Department, no
				  later than thirty (30) days after receiving a final regulatory response
				  determination notice under section
				  69506.1.
(b) Contents of Notifications. The
				  notification required under subsection (a) shall include:
(1) The name of, and contact information for,
				  the person providing the notification;
(2) The name of, and contact information for,
				  the responsible entity(ies) on whose behalf the notification is being
				  provided;
(3) If different from
				  paragraphs (1) and (2), the name of, and contact information for, the
				  manufacturer(s) and importer(s) of the product;
(4) Information identifying and describing
				  the original Priority Product and the selected alternative, the brand name(s)
				  and product name(s) under which the product is placed into the stream of
				  commerce in California, the name(s) of any persons identified as the
				  manufacturer, importer, and/or distributor on the product label, and, if the
				  product is a component of one or more assembled products, a description of the
				  known product(s) in which the component is used; and
(5) A description of the required regulatory
				  response(s) and the due date for implementing the regulatory
				  response(s).
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 7 - 7. Dispute Resolution Processes › Section 69507 - Dispute Resolution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Applicability. This article applies to any responsible entity that wishes to
				  dispute a decision made by the Department under this chapter that applies to
				  the responsible entity, except as otherwise provided in subsection
				  (c).
(b) Exhaustion of
				  Administrative Remedies. The procedures set out in this article are required
				  for resolving disputes arising under this chapter. If the responsible entity
				  fails to follow the procedures specified in this article for disputes subject
				  to this article, it waives its right to further contest the disputed
				  issue.
(c) Scope. Notwithstanding
				  any other provision of this chapter, a decision made by the Department under
				  article 2, 4, or 9 is not subject to dispute resolution under this
				  article.
(d) Automatic Stay. A
				  requirement imposed by the Department under this chapter on a responsible
				  entity, and any posting concerning the requirement on the Failure to Comply
				  List, is stayed during the pendency of an administrative dispute concerning the
				  requirement.
1. New
					 article 7 (sections
					 69507-69507.6) and section filed
					 8-28-2013; operative 10-1-2013 (Register 2013, No.
					 35).
Note: Authority cited: Sections
						25252,
						25253
						and
						58012,
						Health and Safety Code. Reference: Sections
						25252,
						25253
						and
						25257.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 7 - 7. Dispute Resolution Processes › Section 69507.1 - Informal Dispute Resolution Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Request for Review. For a dispute
				  regarding a decision made by the Department under the provisions of this
				  chapter other than article 6, a responsible entity may, within thirty (30) days
				  following the mailing of the notice or the website posting of the Department's
				  decision that is the basis of the dispute, whichever is later, request that the
				  Department informally resolve the dispute. The Department shall provide the
				  responsible entity with an opportunity to resolve the dispute informally within
				  thirty (30) days of receiving the request for dispute resolution. If a request
				  for informal dispute resolution is not received within thirty (30) days of the
				  notice or website posting of the Department's decision, the Department's
				  decision is final and is not eligible for any dispute resolution procedures
				  under this article.
(b)
				  Administrative Appeal. If the responsible entity disagrees with the
				  Department's decision following completion of the informal dispute resolution
				  process, the responsible entity may appeal to the Director of the Department
				  under section
				  69507.2.
1. New
					 section filed 8-28-2013; operative 10-1-2013 (Register 2013, No.
					 35).
Note: Authority cited: Sections
						25252,
						25253
						and
						58012,
						Health and Safety Code. Reference: Sections
						25252,
						25253
						and
						25257.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 7 - 7. Dispute Resolution Processes › Section 69507.2 - Appeal to the Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Contents of Appeals. A responsible entity appealing the Department's decision
				  following completion of the informal dispute resolution process shall submit
				  information stating the basis for seeking further review, and the reasons why
				  the decision does not comply with this chapter or is otherwise unreasonable.
				  The responsible entity shall also provide:
(1) The original statement of
				  dispute;
(2) Supporting
				  information; and
(3) Copies of
				  responses prepared by the Department.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 7 - 7. Dispute Resolution Processes › Section 69507.3 - Formal Dispute Resolution Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For all disputes regarding a decision made by the
					 Department under article 6, the procedures specified in sections
					 69507.4 through
					 69507.6 shall apply in lieu of the
					 procedures set forth in sections
					 69507.1 and
					 60507.2.
1. New
					 section filed 8-28-2013; operative 10-1-2013 (Register 2013, No.
					 35).
Note: Authority cited: Sections
						25253
						and
						58012,
						Health and Safety Code. Reference: Sections
						25253
						and
						25257.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 7 - 7. Dispute Resolution Processes › Section 69507.4 - Time Lines for Requests for Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within thirty (30) days of a responsible entity receiving a
					 final regulatory response determination notice from the Department under
					 article 6, the responsible entity may submit a Request for Review to the
					 Department, requesting review of such determination. If a Request for Review is
					 not filed within this time period, the Department's determination is final and
					 is not eligible for any administrative dispute resolution procedures under this
					 article.
1. New
					 section filed 8-28-2013; operative 10-1-2013 (Register 2013, No.
					 35).
Note: Authority cited: Sections
						25253
						and
						58012,
						Health and Safety Code. Reference: Sections
						25253
						and
						25257.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 7 - 7. Dispute Resolution Processes › Section 69507.5 - Contents of Requests for Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Request for Review filed under section
					 69507.4 must include a statement
					 of the reasons supporting the Request for Review, and, as applicable, a showing
					 that the determination is based on:
(a) Erroneous facts, assumptions, approaches,
				  or conclusions of law; and/or
(b) A
				  policy judgment that the Department should, in its discretion,
				  reconsider.
1. New
					 section filed 8-28-2013; operative 10-1-2013 (Register 2013, No.
					 35).
Note: Authority cited: Sections
						25253
						and
						58012,
						Health and Safety Code. Reference: Sections
						25253
						and
						25257.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 7 - 7. Dispute Resolution Processes › Section 69507.6 - Department Procedures for Requests for Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Decision Time Frame. Within sixty (60)
				  days following the filing of a Request for Review under section
				  69507.4, the Department shall
				  issue an order either granting or denying the Request for Review, or a notice
				  of ongoing review.
(b) Finality of
				  Decision. An order denying review shall constitute the Department's final
				  decision and shall not be subject to additional administrative dispute
				  resolution. The decision shall be effective on the date of the order. An order
				  denying review must:
(1) Specify the date by
				  which the responsible entity must comply with the requirements of this chapter
				  that were the subject of the Request for Review; and
(2) Contain a short and plain description of
				  the basis for the denial of further administrative review.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 8 - 8. Audits › Section 69508 - Audits of Program Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Audits. The Department may audit any
				  information compiled, and/or submitted to the Department, under this chapter.
				  Information the Department may audit includes, but is not limited to, AAs, AA
				  Reports, information related to notifications submitted under this chapter, and
				  implementation of regulatory responses.
(b) Scope. The scope of any audit may
				  include, but is not limited to, an examination of one or more of the following:
(1) Compliance with article 5
				  requirements;
(2) Information
				  quality and adequacy of analysis;
(3) Implementation of selected alternatives,
				  if applicable; and/or
(4)
				  Compliance with the regulatory response(s) imposed under article 6, if
				  any.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 9 - Trade Secret Protection › Section 69509 - Assertion of a Claim of Trade Secret Protection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Substantiation Requirements. A person who
				  asserts a claim of trade secret protection with respect to information
				  submitted to the Department under this chapter will receive a written request
				  from the Department to furnish the Department with all of the following
				  supporting information:
(1) The identity of
				  the person asserting the claim;
(2)
				  A brief description of the nature of the information for which trade secret
				  protection is being claimed;
(3)
				  The extent to which the information is known by employees or others involved
				  within the facility or business of the person, and whether or not those
				  individuals are bound by non-disclosure agreements;
(4) The extent to which the information is
				  known outside of the facility or business of the person, and whether or not
				  individuals with such knowledge are bound by non-disclosure
				  agreements;
(5) The measures taken
				  to restrict access to and safeguard the information, and whether or not the
				  person plans to continue utilizing such measures;
(6) The estimated value of the information to
				  the person and the person's competitors;
(7) The estimated amount of effort and/or
				  money expended by the person in developing the information;
(8) The estimated ease or difficulty with
				  which the information can be properly acquired or duplicated by others,
				  including for any chemical claimed as trade secret, an explanation of why the
				  chemical identity is not readily discoverable through reverse
				  engineering;
(9) Copies of, or
				  references to, any pertinent trade secret or other confidentiality
				  determinations previously made by the Department or other public
				  agencies;
(10) A description of the
				  nature and extent of harm that could be caused if the information were made
				  public, including an explanation of the causal relationship between disclosure
				  and the harmful effects claimed;
(11) The signature of the person's general
				  counsel or other executive with knowledge of the preparation of the
				  substantiating information, certifying as required by section
				  69501.3 and based upon the
				  knowledge and belief of the signatory that:
(A) The substantiating information is true,
				  accurate, and complete;
(B) The
				  information for which trade secret protection is claimed is not otherwise
				  publicly available; and
(C) There
				  is a reasonable basis to assert trade secret protection for the information so
				  claimed; and
(12) Contact
				  information for the individual to be contacted if any of the claimed
				  information is requested to be disclosed under the California Public Records
				  Act (commencing with Government Code section
				  6250).
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 9 - Trade Secret Protection › Section 69509.1 - Department Review of Claims of Trade Secret Protection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Review of Support for Trade Secret
				  Designation. The Department shall review a trade secret claim and supporting
				  information for compliance with the requirements of this article before
				  disclosing the information that is the subject of the trade secrecy
				  claim.
(b) Additional Information
				  Requirements.
(1) If the Department
				  determines that information provided in support of a request for trade secret
				  protection is incomplete or insufficiently responsive to permit a trade secrecy
				  determination, the Department shall:
(A)
				  Provide notice to the submitter of the Department's finding of insufficiency,
				  and the basis therefor;
(B)
				  Identify the specific area(s) for which additional information is needed;
				  and
(C) Indicate the date by which
				  the submitter must provide the requested information.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 10 - Severability › Section 69510 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any provision(s) of this chapter, or the application
					 thereof to any person or circumstances, is held invalid, such invalidity shall
					 not affect other provisions or applications of this chapter that can be given
					 effect without the invalid provision or application, and to that end the
					 provisions of this chapter are severable.
1. New
					 article 10 (section
					 69510) and section filed
					 8-28-2013; operative 10-1-2013 (Register 2013, No.
					 35).
Note: Authority cited: Sections
						25252,
						25253
						and
						58012,
						Health and Safety Code. Reference: Sections
						25252
						and
						25253,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 11 - Priority Products List › Section 69511 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This article
				  specifies product-chemical combinations listed as Priority Products pursuant to
				  section 69503.5.
(b) The following product-chemical
				  combinations are listed as Priority Products:
(1) Children's foam-padded sleeping products
				  containing tris(1,3-dichloro-2-propyl) phosphate (TDCPP) or tris(2-chloroethyl)
				  phosphate (TCEP);
(2) Spray
				  polyurethane foam systems containing unreacted methylene diphenyl
				  diisocyanates;
(3) Paint or varnish
				  strippers containing methylene chloride;
(4) Carpets and rugs containing
				  perfluoroalkyl or polyfluoroalkyl substances;
(5) Treatments containing perfluoroalkyl or
				  polyfluoroalkyl substances for use on converted textiles or leathers;
(6) Nail products containing toluene;
				  and
(7) Motor vehicle tires
				  containing N-(1,3-dimethylbutyl)-N'-phenyl-p-phenylenediamine (6PPD).
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 11 - Priority Products List › Section 69511.1 - Children's Foam-Padded Sleeping Products Containing Tris(1,3-Dichloro-2-Propyl) Phosphate (TDCPP) or Tris(2-Chloroethyl) Phosphate (TCEP)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) Except as otherwise provided in
				  subsection (a)(2) of this section, "children's foam-padded sleeping products
				  containing TDCPP or TCEP" means assembled products designed or intended
				  primarily for children 12 years of age or younger to nap or sleep on The
				  sub-products include polyurethane foam mats, pads, or pillows containing TDCPP
				  or TCEP which may be covered or upholstered, including:
(A) Nap mats. Nap mats are portable foam
				  mats.
(B) Soft-sided portable
				  cribs. Soft-sided portable cribs are framed enclosures with mesh or fabric side
				  panels, floor, and foam pad.
(C)
				  Play pens. Play pens are framed enclosures with hard or soft sides, floor, and
				  foam pad.
(D) Play yards or
				  playards. Play yards or playards are portable framed enclosures with a foam pad
				  bottom that may also have an attached bassinet.
(E) Infant travel beds. Infant travel beds
				  are lightweight portable sleeping accommodations with a foam pad.
(F) Portable infant sleepers. Portable infant
				  sleepers are portable accommodations with a foam pad that may be easily
				  assembled and disassembled by folding or collapsing the structure.
(G) Bassinets. Bassinets are small beds or
				  baskets with a foam pad and raised edges designed primarily for
				  infants.
(H) Nap cots. Nap cots are
				  narrow, elevated bed stands with a foam pad on top of the cot.
(I) Infant sleep positioners. Infant sleep
				  positioners are mats with side bolsters or wedges used to elevate an infant's
				  head or keep an infant in a desired position while sleeping. The mats, side
				  bolsters, or wedges may contain foam pads.
(J) Bedside sleepers. Bedside sleepers are
				  framed enclosures with a foam pad that can attach to an adult-sized bed and are
				  designed primarily for babies.
(K)
				  Co-Sleepers. Co-sleepers are small foam structures placed in an adult-sized
				  bed, designed to keep a baby from shifting in the bed and to allow a baby and
				  adults to nap or sleep together in the same bed; and
(L) Baby or toddler foam pillows. Baby or
				  toddler foam pillows are foam pillows designed primarily for babies or
				  toddlers.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 11 - Priority Products List › Section 69511.2 - Spray Polyurethane Foam Systems Containing Unreacted Methylene Diphenyl Diisocyanates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Product-chemical combination description:
				  "Spray polyurethane foam systems containing unreacted methylene diphenyl
				  diisocyanates" means spray polyurethane foam systems containing liquid chemical
				  mixtures in two separate containers that are sold or distributed together. The
				  two separate containers are commonly referred to as Side A and Side B. Side A
				  contains unreacted methylene diphenyl diisocyanates. Side B contains a mixture
				  of polyols and other ingredients which may include catalysts, blowing agents,
				  flame retardants, and surfactants. The chemical mixtures in the sides react
				  when mixed together to form polyurethane foam that is used for insulation,
				  roofing, or sealing and filling voids and gaps. This product-chemical
				  combination includes:
(1) High-pressure spray
				  polyurethane foam systems, and
(2)
				  Low-pressure spray polyurethane foam systems.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 11 - Priority Products List › Section 69511.3 - Paint or Varnish Strippers Containing Methylene Chloride

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Paint or
				  varnish strippers containing methylene chloride" means any product containing
				  methylene chloride designed to break down paint, varnish, or any other surface
				  coating to facilitate its removal from any surface. Such products may be
				  designed for indoor or outdoor use.
(b) Candidate Chemical. For purposes of this
				  chapter, the following Candidate Chemical is identified as the basis for the
				  product defined in subsection (a) being listed as a Priority Product:
(1) Methylene chloride, chemical Abstract
				  Services Registry Number: 75-09-2
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 11 - Priority Products List › Section 69511.4 - Carpets and Rugs Containing Perfluoroalkyl or Polyfluoroalkyl Substances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) "Carpets and rugs containing
				  perfluoroalkyl or polyfluoroalkyl substances," means any consumer product made
				  from natural or synthetic fabric intended to be used as a floor covering inside
				  commercial or residential buildings that contains any member of the class of
				  perfluoroalkyl and polyfluoroalkyl substances (PFASs). This includes carpeted
				  door mats.
(2) Notwithstanding
				  subsection (a)(1), "carpets and rugs containing perfluoroalkyl or
				  polyfluoroalkyl substances" does not include:
(A) Carpets and rugs intended solely for
				  outdoor use;
(B) Carpets and rugs
				  intended solely for use inside airplanes, trains, ships, automobiles, light
				  duty trucks, vans, buses, or any other vehicles, as well as aftermarket or
				  replacement parts marketed solely for use in vehicles;
(C) Resilient floor coverings;
(D) Artificial turf;
(E) Wall hangings and coverings;
(F) Table mats; and
(G) Camping sleeping
				  mats.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 11 - Priority Products List › Section 69511.5 - Treatments Containing Perfluoroalkyl or Polyfluoroalkyl Substances for Use on Converted Textiles or Leathers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1)
				  "Treatments containing perfluoroalkyl or polyfluoroalkyl substances for use on
				  converted textiles or leathers" means any product containing any member of the
				  class of perfluoroalkyl and polyfluoroalkyl substances (PFASs) that may be
				  marketed or sold for the purpose of:
(A)
				  Eliminating dirt or stains from carpets, rugs, clothing, shoes, upholstery, or
				  other converted textiles and leathers; or
(B) Repelling stains, dirt, oil, or water
				  from carpets, rugs, clothing, shoes, upholstery, or other converted textiles
				  and leathers.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 11 - Priority Products List › Section 69511.6 - Nail Products Containing Toluene

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Nail products containing toluene" means
				  nail products containing toluene, including nail coatings and nail polish
				  thinners that contain toluene as an added ingredient, contaminant, or residual.
(1) "Nail coating" means any clear or colored
				  paint, polish, lacquer, enamel, or gel product marketed or sold for application
				  to fingernails or toenails, including:
(A)
				  "Solvent-based nail coatings." "Solvent-based nail coatings" are clear or
				  colored nail coatings that form a hard coating on nails upon evaporation of
				  their solvents, including:
1. "Nail polish."
				  "Nail polish" is a varnish or paint applied to the fingernails or toenails to
				  color them or make them shiny.
2.
				  "Lacquer." "Lacquer" is a coating that dries by means of solvent evaporation.
				  "Lacquer" is also known as "enamel."
3. "Base coat." "Base coat" is a clear or
				  milky-colored coating that is used before applying other coatings to the nail.
				  It may be marketed for strengthening or protecting the nail, restoring moisture
				  to the nail, or helping other coatings to adhere to the nail. "Base coat" is
				  also known as "undercoat."
4. "Top
				  coat." "Top coat" is a clear coating that is used after applying other coatings
				  to the nail. It may be used to protect underlying coatings or to add shine,
				  gloss, or matte to the nail.
5.
				  "Gel nail polish." "Gel nail polish" is a gel varnish coating with a look and
				  feel similar to UV gel nail coatings but that does not require an ultraviolet
				  (UV) or a light-emitting diode (LED) lamp to dry. Gel nail polish typically
				  contains color but can also be a clear nail coating. "Gel nail polish" is also
				  known as "gel polish."
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 11 - Priority Products List › Section 69511.7 - Motor Vehicle Tires Containing N-(1,3-Dimethylbutyl)-N'-Phenyl-P-Phenylenediamine (6PPD)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  "Motor vehicle tires containing
				  N-(1,3-dimethylbutyl)-N'-phenyl-p-phenylenediamine (6PPD)" means a motor
				  vehicle tire, as defined in subsection (a)(2), that contains the chemical
				  N-(1,3-dimethylbutyl)-N'-phenyl-p-phenylenediamine (6PPD).
(1) "Tire" means any product that can be
				  described or observed as a covering for a wheel, usually made of rubber
				  reinforced with cords of nylon, fiberglass, or other material, whether filled
				  with compressed gas (such as air or nitrogen), solid, or non-pneumatic
				  (airless).
(2) For the purposes of
				  this section, "motor vehicle tire" includes:
(A) Any tire, as defined in subsection
				  (a)(1), that is intended for use on light duty vehicles (passenger cars, light
				  trucks, vans, and sport utility vehicles), motorcycles, motor homes, medium-
				  and heavy-duty trucks, buses, and trailers (including trailer coaches, park
				  trailers, and semitrailers); and
(B) Tire tread material: circular or linear
				  precured tread and raw rubber solely for use in mold cure retreading of a tire,
				  as defined in subsection (a)(1).
(C) For the purposes of this section, "motor
				  vehicle tire" does not include:
1.A tire
				  imported into or sold in California as a component of a motor
				  vehicle;
2.A tire intended for
				  exclusive use on off-road vehicles, including aircraft; vehicles intended
				  exclusively for off-road (e.g., dirt track) use; construction and agricultural
				  equipment such as excavators, paving equipment, tractors, combines, bulldozers,
				  and skidders (but not farm labor vehicles); industrial equipment such as
				  forklifts, airport service equipment, and ice-grooming machines; and military
				  vehicles (except those that are equivalent to civilian vehicles covered by this
				  product definition, such as light-duty vehicles used as staff cars, buses, and
				  delivery vehicles); and
3.The used
				  component(s) of a retreaded tire.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 56 - Annual Fee for Metal Shredding Facilities › Article 1 › Section 69600.1 - Scope and Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  This chapter establishes an annual fee upon metal shredding facilities, as
				  defined in section
				  69600.3(a), of
				  this chapter, in order to reimburse the Department for its costs to implement
				  sections 25150.82 and
				  25150.84 of chapter 6.5 of
				  division 20 of the Health and Safety Code.
(b) Nothing in this chapter is a limitation
				  on the authority of any other governmental agency to adopt or enforce
				  additional requirements related to metal shredding facilities or to develop any
				  other regulatory program allowed by law.
1. New
					 chapter 56, article 1 (sections
					 69600.1-69600.7) and section filed
					 6-9-2016 as an emergency; operative 6-9-2016 (Register 2016, No. 24). Pursuant
					 to Health and Safety Code section
					 25150.84,
					 this emergency regulation shall remain in effect for a period of two years or
					 until revised by the department, whichever occurs
					 sooner.
Note: Authority cited: Sections
						25150.82
						and
						25150.84,
						Health and Safety Code. Reference: Sections
						25150.82(a),
						25150.82(b),
						25150.82(c),
						25150.82(d),
						25150.84(a)
						and
						25150.84(b),
						Health and Safety Code.