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Different Stroke for Different Agencies: What’s The Latest With 1,4-Dioxane?

On June, 28, 2019, the US Environmental Protection Agency released a draft risk evaluation for 1,4-dioxane, concluding that the chemical poses no unreasonable risk to the environment and no unreasonable risks to occupational non-users. Meanwhile, the California Department of Toxic Substances Control (DTSC) has identified 1,4-dioxane in personal care and cleaning products as warranting further review and possible identification as Priority Products under the agency’s Safer Consumer Products (SCP) Regulation. DTSC also is seeking input on a proposed 1 ppm Alternatives Analysis Threshold under the SCP Regulation, a value that would trigger a number of obligations under the program; product…

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EPA Proposes High Priority Substances under TSCA

On August 23, 2019, EPA published a notice proposing 20 chemicals as high priority substances under the Toxic Substances Control Act (TSCA). Comments on the proposed designations must be received by November 21, 2019. The 20 chemicals include seven chlorinated solvents, five phthalates, three halogenated flame retardants, and five other chemicals including formaldehyde. EPA also has published supporting materials for its proposed designations, which include reviews of the substances’ production volumes, conditions of use, potentially exposed populations, persistence and bioaccumulation, storage near significant sources of drinking water, hazard potential, and exposure potential. The supporting materials ultimately summarize the agency’s rationale…

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EPA Announces Receipt of Pesticide Applications for Hemp

On August 23, 2019, EPA announced that it had received 10 applications to add hemp to the labeling of certain products regulated under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). As EPA explains, FIFRA would not require public notice and comment on these applications; however, due to the broad interest in hemp production, EPA has opened a public comment period with a deadline of September 23, 2019. Two comments already have been received, each supporting the applications. This follows the passage of the Agriculture Improvement Act of 2018 (2018 Farm Bill) which removed hemp from the Controlled Substances Act,…

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State Of California Law Building

Governor Approves Proposition 65 Amendment

On August 30, 2019, California Governor approved AB 1123, which amends Proposition 65 to require briefs in Proposition 65-related appeals to be served on the Attorney General. The bill amends Proposition 65 to add subsection (o) to Section 25249.7 and provides: If a violation of this chapter is alleged or the application or construction of provisions of this chapter is at issue in a proceeding in the Supreme Court, court of appeal, or the appellate division of the superior court, each party shall serve a copy of the party’s brief or petition and brief, on the Attorney General. Service on…

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Are We Seeing The Beginning of Proposition 65 “Bad Warning” Claims?

When the California Office of Environmental Health Hazard Assessment (OEHHA) entirely revamped the Proposition 65 safe harbor warning regulations in August 2018, legal practitioners warned that those changes could trigger a wave of “bad warning” enforcement actions. That prediction appears to be coming true. OEHHA’s new safe harbor warning regulations impose a number of new requirements, including the requirement that online warnings be provided for those products that bear warnings and are sold online. This requirement seems to be becoming an attractive target for private enforcers: in recent Proposition 65 Notices of Violation (NOVs), the alleged failure to provide online…

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