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TSCA Imposes Labeling Requirements for Composite Wood Products

Composite wood products are now subject to specific labeling requirements under federal law. The Formaldehyde Emission Standards for Composite Wood Products Act of 2010 (Act), which added Title VI to the Toxic Substances Control Act (TSCA), established standards for formaldehyde emissions from composite wood products, and essentially adopted the same standards as those imposed by the California Air Resources Board (CARB). The Act also authorized the EPA to issue a final rule enforcing certain measures related to composite wood products. In December 2016, the EPA published a final rule designed to lower exposure to formaldehyde from certain wood products made…

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Will Possible Listing of THC and Cannabis Stigmatize California’s New Cannabis Industry?

California’s cannabis industry has seen tremendous growth in the past few years, but its continued prosperity will hinge in some part on the possible listing of THC and cannabis on the Proposition 65 chemical list. Cannabis products may become subject to these regulations, and those in the cannabis industry should understand the legal and regulatory issues for compliance. In 2009, California added “marijuana smoke” as a listed chemical known to the State to cause cancer.  The report of the Office of Environmental Health Hazard Assessment (OEHHA) determined that there is some evidence from studies in humans that marijuana smoke is…

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EPA Alerts Public That Data About Toxic Chemicals May Be Erroneous

The EPA’s Office of Inspector General (IG), an independent organization that monitors the EPA, issued an emergency alert to notify the public that the EPA’s data on toxic chemical releases may be erroneous. The release of such an alert is highly unusual for the IG. The IG remarked that the inaccuracies warranted immediate reporting given their serious nature. The errors pertained to significant differences between the total number of toxic chemicals released into the environment that were publicly reported between 2013 and 2017 and the information independently submitted by the EPA to IG auditors. The IG sent the emergency notice…

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