---
title: California DTSC issues revisions to the proposed Safer Consumer Products Regulations
description: California DTSC issues revisions to the proposed Safer Consumer Products Regulations
---

[Commentary & Analysis - Compliance & Risks](https://go.adherent.com/commentary-analysis-old)

# [California DTSC issues revisions to the proposed Safer Consumer Products Regulations](https://go.adherent.com/commentary-analysis-old/california-dtsc-issues-revisions-to-the-proposed-safer-consumer-products-regulations)

 Written by [staceybowers](https://go.adherent.com/commentary-analysis-old/author/staceybowers) | Aug 26, 2013, 5:02:15 PM

California's Department of Toxic Substances Control (DTSC) has revised the text of its Safer Consumer Products proposed rule, which will establish the process for identifying and prioritizing consumer products and their chemicals of concern, evaluating their alternatives, and imposing regulatory responses, by adding chapter 55 of division 4.5 of Title 22, California Code of Regulations, and amending the Table of Contents.

DTSC submitted the final rulemaking package for the proposed rule to the Office of Administrative Law in July 2013. Based on feedback from the Office of Administrative Law, DTSC has determined that the attached revisions to the proposed regulations are necessary as explained below:

**(1) Section 69501.3(b) is added to require that documents submitted to DTSC under the regulations be in English and be provided in an electronic format accessible to DTSC.**

This provision is necessary to ensure that the information provided to DTSC (on either a mandatory or a voluntary basis) can be reviewed, evaluated, and processed by DTSC as effectively and efficiently as possible. This provision is also necessary to provide each person submitting information to DTSC flexibility as to how the information is submitted as long as it is accessible to DTSC. This flexibility is provided in recognition of the fact that different persons will have different information-generating capabilities and formats.

**(2) Section 69509.1(a) is added to require that DTSC review a trade secret claim for information submitted under the regulations, along with the information provided in support of the trade secret claim, before disclosing the information that is the subject of the trade secrecy claim.**

This provision is necessary to ensure that DTSC does not release to the public information for which a valid trade secrecy claim has been filed; and, on the other hand, to ensure that information is not withheld from the public based upon an invalid trade secrecy claim. This is necessary to maximize transparency and public access to information submitted to DTSC under these regulations, while protecting validly claimed trade secrets.

**(3) Section 69509.1(c) is added to specify that, if DTSC determines that the information submitted in support of a trade secrecy claim does not establish that the information claimed to be trade secret meets the definition of "trade secret", DTSC will notify the submitting party of its determination by certified mail.** The notice will also inform the submitting party that thirty (30) days from the date of the notice of DTSC's determination, the information will be regarded as a public record subject to disclosure. This provision also provides that during the 30-day period the submitting party may seek judicial intervention by bringing an action for a preliminary injunction and/or declaratory relief to prevent disclosure of the information claimed as trade secret.

This provision is necessary to implement Health and Safety Code section 25257(c)(3), which requires DTSC to give 30-days' notice to the submitter of information claimed to be trade secret before releasing any such information, authorizes submitters to seek judicial intervention to prevent information release, and specifies judicial remedies that may be sought. This provision is necessary to establish a time frame and procedure for resolving disputed trade secrecy claims, and to allow time for a claimant that receives an adverse determination from DTSC to seek judicial review of the DTSC determination.

A written comment period for these LATEST REVISIONS to the proposed regulations text has been established to commence on 23 August 2013 and close at 5:00 PM on 9 September 2013.

For more on the revised proposed Safer Consumer Products Regulations, [ask our experts!](http://www.complianceandrisks.com/contact/)

[View full post](https://go.adherent.com/commentary-analysis-old/california-dtsc-issues-revisions-to-the-proposed-safer-consumer-products-regulations)

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