Proposal to List Children’s Foam-Padded Sleeping Products Containing TDCPP or TCEP as a Priority Product


The Department of Toxic Substances Control (DTSC) is seeking public comment on the listing of children’s foam-padded sleeping products containing the fire retardant chemicals TDCPP and/or TCEP as a Priority Product.

Due to technical difficulties with CalSAFER during the first comment period (July 15, 2016 through August 29, 2016), DTSC will hold another 45-day public comment period from October 7, 2016 to November 21, 2016. Doing so ensures that all interested persons have ample opportunity to present their written comments on the original rulemaking proposal.


DTSC proposes to amend Title 22, California Code of Regulations sections 69511 and 69511.1, by establishing a Priority Products list that includes children’s foam-padded sleeping products containing tris(1,3-dichloro-2-propyl) phosphate (TDCPP) or tris(2-chloroethyl) phosphate (TCEP) as a Priority Product.

A primary goal of DTSC’s Safer Consumer Products program is to reduce people’s exposure to toxic chemicals in consumer products. When we look at different products available in the marketplace, we think about how and where people are exposed to the chemicals in those products. We pay particular attention to chemicals that might harm infants and children. If research studies show that particular chemicals in a product could cause health problems, we can list that product as a Priority Product. Companies that make and sell the product will have to try to make the product safer for consumers.

After a thorough review of the research, DTSC determined that children may be at risk for adverse health effects if they use or are near children’s foam-padded sleeping products that contain the chemical flame retardants TDCPP or TCEP. We are proposing to list this Priority Product with the goal of reducing children’s exposure to these particular toxic chemicals.

How to comment:

An important part of this process is showing stakeholders how and why we made this decision and hearing your thoughts on it. You can read our proposal to list children’s foam-padded sleeping products containing TDCPP or TCEP as a Priority Product by clicking on the “Proposed Regulation Text” link below. You can also read the documents that support our proposal by clicking on them separately under the “Supporting Documents” section located on the right-hand side of this page. You can make a comment by clicking on “Submit a Comment” and then following the prompts. DTSC is very interested in what you think. Your comments will be available to the public and read by other interested parties and will become part of the permanent record. Comments must be made by the deadline in order to be considered. Thank you for your participation.


You may make comments on the Proposed Regulation Text by clicking on one of the “Submit a Comment” buttons below. Other documents associated with the Rulemaking Package are located in the blue box in the top right corner of this page under Supporting Documents or on DTSC’s regulations website.