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California Announces It Will Not Adopt Green Chemistry Safer Alternatives Regulations for Consumer Products by the January 1, 2011 Statutory Deadline

Beveridge & Diamond, P.C., December 30, 2010

The California Department of Toxic Substances (“DTSC”) announced it will take additional time to revise yet again its proposed “Safer Alternatives Regulations for Consumer Products.”  The Department had proposed a final version of the regulations on November 16, 2010, and had accepted comments on them in early December 2010, as noted in our previous Client Alert.  As recently as early December, the Department had stated that that the regulations would be adopted by the January 1, 2011 statutory deadline set forth in the enabling statute, California Health & Safety Code § 25252(a).  That has all changed with the Department’s recent announcement that it needs additional time to respond to the substantive concerns raised by stakeholders during the public comment period.  In early 2011, DTSC intends to reconvene the Green Ribbon Science Panel to analyze the critical programmatic issues that have been raised with the Department.  However, DTSC has not identified any date certain by which it would release a further revision to the proposed regulations, nor has it committed to any date by which it would adopt the regulations.

For additional information on California’s Green Chemistry Initiative, please contact Kenneth Finney at kfinney@bdlaw.com, Laura Duncan at lduncan@bdlaw.com, or Ryan Tacorda at rtacorda@bdlaw.com

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