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February 2017

California Senate Introduces Cleaning Product Ingredient Disclosure Bill

The California Senate has introduced SB 258, the Cleaning Product Right To Know Act of 2017, which would require manufacturers to list all ingredients on cleaning products sold within the state. This follows last year’s failure of a similar bill, AB 708. The requirements of SB 258 would apply to any product manufactured or sold within the state after January 1st, 2018. SB 258, which was introduced by Senator Ricardo Lara, is currently under review by the rules committee. Requirements under SB259 The Cleaning Product Right to Know Act of 2017 establishes several requirements, which are summarized below. Each physical product shall contain: A list of each ingredient and “contaminant of concern” in the cleaning product in order in order of prominence. Ingredients in a concentration of 1% or less may be listed behind all other ingredients without regard to prominence. A picture communicating the potential health risks of the ingredients …Read More

EPA Freezes Implementation of TSCA CBI Substantiation Interpretation

On February 21, 2017, EPA announced that implementation of its January 19, 2017 interpretation of the Toxic Substances Control Act (TSCA) requirements for confidential business information (CBI) substantiation was delayed pursuant to White House Chief of Staff Reince Priebus’s memorandum freezing all new and pending regulations. EPA’s announcement also stated that “EPA may consider delaying the effective date of this action beyond March 21, 2017.” Although EPA’s implementation is delayed by only one day, to March 21, 2017 from the original implementation date of March 20, 2017, EPA’s acknowledgement that the interpretation is subject to the memorandum at all, and the possibility that the implementation date may be delayed beyond March 21, 2017, suggest that modifications to the interpretation may be coming now that Scott Pruitt has been confirmed as the new EPA Administrator. Mr. Priebus’s January 20, 2017 memorandum instructed federal agencies to cease sending any regulations to the …Read More

Washington State Flame Retardant Ban Begins July 1, 2017

Beginning July 1, 2017, the State of Washington shall prohibit the sale and distribution of children’s products and residential upholstered furniture containing more than 1000 parts per million (ppm) of any of the following flame retardants in any product component: • Tris(1,3-dichloroisopropyl) phosphate (TDCPP) (CAS Registration Number 13674-87-8); • Tris(2-chloroethyl) phosphate (TCEP) (CAS Registration Number 115-96-8); • Decabromodiphenyl ether (CAS Registration Number 1163-19-5); • Hexabromocyclododecane (HBCD) (CAS Registration Number 25637-99-4); and • The additive tetrabromobisphenol A (TBBPA) (CAS Registration Number 79-94-7). The restriction is part of the Children’s Safe Products Act (CSPA), Revised Code of Washington (RCW) Chapter 70.240, first enacted in 2008 and amended in April 2016 to add the flame retardant restrictions. The regulation applies to any manufacturer, wholesaler, or retailer who “knowingly” offers children’s products or residential upholstered furniture for sale or use in the state of Washington, and does not contain an exception for existing stock. …Read More

New Target Chemical Policy Continues Retailer Regulation Trend

U.S. retailer Target has announced that it will begin phasing out certain chemicals of concern from products sold at its stores. Additionally, suppliers will be required to provide a full list of ingredients for products of certain categories. The company’s new plans are a part of its new chemical policy that involves “identifying, reducing, and eliminating substances in our products, supply chain and operations when they demonstrate a potential risk to our guests or team members.” Target’s announcement, which outlines steps to be taken for chemical management, transparency, and innovation, also includes investment of up to $5 million in “green chemistry” by 2022. Chemical Management In addition to eliminating phthalates, nonylphenol ethoxylates (NPEs), propyl-paraben, butyl-paraben, formaldehyde and formaldehyde-donors from all beauty, baby care, personal care and cleaning products by 2020, the company also plans to eliminate perfluorinated chemicals (PFCs) and certain flame-retardants from textiles by 2022. For the present, these …Read More

President Trump Issues “One In, Two Out” Executive Order Affecting Federal Rulemakings

On January 30th, 2017, President Donald Trump issued an Executive Order on Reducing Regulation and Controlling Regulatory Costs, mandating that for every regulation issued by a federal department, two regulations be identified for repeal. The order additionally states that for the 2017 fiscal year, the total cost of any new regulation should be no greater than zero after being offset by the elimination of existing costs of at least two prior regulations, unless otherwise authorized by the Director of the Office of Management and Budget (OMB). Beginning in fiscal year 2018, the executive order requires the Director to identify the total incremental costs allowed, on a per agency basis, for new and repealed regulations; the executive order prohibits regulations from exceeding those cost caps. Exceptions exist for regulations issued with respect to the military, national security, and foreign affairs, as well as regulations related to department organization or personnel. Intent The …Read More