(a)This article does not limit and shall not be construed to limit the department’s or any other department’s or agency’s existing authority over hazardous materials.
(b)This article does not authorize the department to supersede the regulatory authority of any other department or agency.
(c)The department shall not duplicate or adopt conflicting regulations for product categories already regulated or subject
to pending regulation consistent with the purposes of this article.
Notes of Decisions
Am. Chemistry Council v. Dept. of Toxic Substances Control, 86 Cal. App. 5th 146 (Cal. Ct. App. 2022).
“Indeed, when the Department does impose regulations upon a chemical of concern, Health and Safety Code section 25257.1, subdivision (c) expressly states that the Department “shall not duplicate or adopt conflicting regulations for product categories already regulated ……”
Am. Chemistry Council v. Dept. of Toxic Substances Control, No. F082604 (Cal. Ct. App. Dec. 12, 2022).
“Indeed, when the Department does impose regulations upon a chemical of concern, Health and Safety Code section 25257.1, subdivision (c) expressly states that the Department “shall not duplicate or adopt conflicting regulations for product categories already regulated ……”
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