The Toxic Substances Control Act (TSCA) is a U.S. law, and the requirement for a TSCA certification primarily pertains to imports to the United States. Currently, there are more than 84,000 chemical substances on the TSCA Inventory.

Here's a guide for brands shipping to the US, specifically focusing on potential requirements for a TSCA declaration.

Please note, this list is non-exhaustive and purely indicative. We recommend you consult legal counsel and/or a customs broker to determine your readiness to ship your products to the US.

TSCA requirements may apply to a wide range of product

TSCA Certification Required Categories:

1. Industrial Chemicals: This includes a broad range of organic and inorganic chemicals used in manufacturing and processing.

2. Paints and Coatings: This can include substances used in residential, commercial, or industrial applications.

3. Pesticides: Though primarily regulated by FIFRA, some aspects of pesticide manufacturing or components may fall under TSCA.

4. Plastics and Polymers: Includes substances used in the creation of various plastic and polymer products.

5. Cleaning Products: This covers substances used in the production of cleaning agents and detergents.

6. Electronics: Some chemical substances used in the electronics manufacturing process might require TSCA certification.

7. Automotive Products: This can include chemicals used in the manufacturing or processing of vehicles.

Likely to Raise TSCA Scrutiny:

1. Imported Products: Products imported into the U.S. that contain specific chemicals could raise scrutiny.

2. New Chemical Substances: Any product containing new chemical substances not previously assessed by the EPA may attract scrutiny.

3. Products Containing Asbestos or PCBs: These are specific substances that have been heavily regulated, and products containing them may be closely monitored.

4. Products Marketed to Children: If there is potential exposure risk to children, this may draw additional scrutiny.

5. Building Materials: Materials used in construction, especially if they contain chemicals of concern, can be subject to TSCA review.

6. Products with High Environmental Impact: If a product has a high likelihood of environmental release or contains a chemical that is persistent and bioaccumulative, it may attract TSCA scrutiny.

7. Nanomaterials: Products containing nanoscale materials may undergo special scrutiny due to the unique properties of these substances.

Required documentation

If your products directly fall under TSCA regulation or are likely to raise TSCA scrutiny, you will need to:

• Prepare documentation
• Coordinate with your U.S. Importer (retailer)

in order to ensure, your shipment doesn't result in a customs block or fines. Customs can refuse entry of any shipment that does not have a TSCA certification and non-compliance can result in fines, delays, destruction, or return to sender of the shipment.

1. If your products fall under TSCA regulation : Customs are going to require a TSCA Certificate of Compliance, this is a self-declaration document to show customs that all chemical substances imported into the United States comply with the Toxic Substance Control Act (TCSA) at the time of import (positive certification). As a brand selling your products, you will need to provide product composition information to help your retailers can determine product’s regulatory compliance status under TSCA, we recommend you prepare this upfront to prevent customs issues.
2. If your products are likely to raise TSCA scrutiny : A negative certification is required for the following products when not clearly identified, this may impact any pesticide, any food, food additive, drug, cosmetic, device and more.

You can find a template to prepare your certification from by clicking here. As a brand, you are responsible for filling in the sections highlighted below, to allow your retailer to import your products into the US:

Note that these products may be considered clearly identified when they are associated with another relevant agency’s entry documentation or electronic entry filing requirements (e.g., Notice of Arrival for pesticides or applicable entry documentation for FDA regulated products).

Does this only apply for shipments to the US?

Although TSCA is specific to the United States, other countries may have similar regulations governing the import of chemicals or related products. Consult with local regulatory agencies or trade professionals to understand the applicable laws for your target market.

Remember, laws and regulations can change. Always consult with a legal expert or a professional with experience in international trade and chemical regulation to ensure full compliance with the latest requirements.