§ 69506.5. Product Sales Prohibition.

(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.

(c) Exceptions. A responsible entity that receives a regulatory response determination notice under subsection (a) or (b) is not subject to the requirements of subsection (a) or (b) if all of the following requirements are met:

(1) Within sixty (60) days after the final regulatory response determination notice is issued by the Department, the responsible entity notifies the Department in writing of its intent to submit a revised Final AA Report that selects an alternative that does not contain the Chemical(s) of Concern or the replacement Candidate Chemical(s);

(2) The Department receives, by the date specified by the Department in the final regulatory response determination notice issued under section 69506.1, a revised Final AA Report that selects an alternative that does not contain the Chemical(s) of Concern or the replacement Candidate Chemical(s) and that complies with section 69505.7; and

(3) The product containing the Chemical(s) of Concern or the replacement Candidate Chemical(s) is no longer placed into the stream of commerce in California by the responsible entity, directly or indirectly, by the date specified by the Department in the final regulatory response determination notice issued under section 69506.1.

(d) Extensions.

(1) A responsible entity may request an extension to the due date for the revised Final AA Report to be submitted under subsection (c), under the procedures specified in section 69505.1(c) or section 69505.7(k)(1)(B).

(2) If the Department grants an extension, the responsible entity shall satisfy one of the following requirements by the due date specified in the extension approval:

(A) A revised Final AA Report meeting the requirements of subsection (c)(2) shall be submitted to the Department; or

(B) The product shall cease to be placed into the stream of commerce in California by the responsible entity, directly or indirectly.

HISTORY

1. New section filed 8-28-2013; operative 10-1-2013 (Register 2013, No. 35).

Note

Note: Authority cited: Sections 25253 and 58012, Health and Safety Code. Reference: Section 25253, Health and Safety Code.