California Lists Nail Products Containing Toluene As Priority Product

Jan. 3 2023

The California Department of Toxic Substances Control (DTSC) has announced that effective January 1, 2023 nail products containing toluene will become a Priority Product (PP) under the agency’s Safer Consumer Products (SCP) program which requires notification.

Definitions in the Act
“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.

“Nail coating” means any clear or colored paint, polish, lacquer, enamel, or gel product marketed or sold for application to fingernails or toenails, including solvent-based nail coatings, UV gel nail coatings, and nail art paint.

Priority Products are product-chemical combinations as listed in the regulations.

Summary
Manufacturers of nail products containing toluene, sold in California, must submit a Priority Product Notification (PPN) for those products using the DTSC’s information management system (CalSAFER) by March 2, 2023. The PPN must list all nail products that contain toluene, either as an intentionally added ingredient or as a contaminant.
After submitting the PPN, manufacturers must also submit one of the following documents by June 30, 2023:
• an Alternative Analysis Threshold Notification;
• a Chemical Removal Intent or Confirmation Notification;
• a Product Removal Intent or Confirmation Notification;
• a Product-Chemical Replacement Intent or Confirmation Notification; or
• a Preliminary Alternatives Analysis Report, an Abridged AA Report, an Alternate Process AA, or a Previously Completed AA.

The final regulations allow the Department to establish an Alternative Analysis Threshold (AAT). The Alternatives Analysis Threshold for toluene in nail products is set at 100 parts per million (ppm). Compliance with the 100 ppm AAT limit allows manufacturers to meet the AAT limit in lieu of being required to prepare a traditional Alternative Analysis (AA).

While the responsibility for compliance is first on manufacturers, if a manufacturer fails to comply, the responsibility of compliance may shift to importers or retailers, if DTSC notifies them accordingly. Manufacturers of nail products whose products do not contain toluene do not need to take any action.

Final Regulatory Text: https://dtsc.ca.gov/wp-content/uploads/sites/31/2022/12/Final-Regulation-Text-with-OAL-edits_accessible.pdf

For more information: https://dtsc.ca.gov/scp/nail-products-containing-toluene/#:~:text=On%20November%2014%2C%202022%2C%20the,coatings%20and%20nail%20polish%20thinners.

How Does this Impact You? Contact Us to Discuss
Bureau Veritas can help verify that your products will meet your customer’s expectations as well as all applicable regulations. We can help you reduce cost and time-to-market, minimize the risk of recalls and returns, increase sales and customer satisfaction, and eliminate previously unidentified threats to your company’s reputation. Our services help to protect both your bottom line and your peace of mind.

If you have any questions, please contact your customer service representative or email: info@us.bureauveritas.com
22B-113

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