Legal Blog

Flame retardant-containing products, particularly in children's products, continue to attract legislative attention.  Minnesota recently enacted SF 1215, which bans the manufacture or  importation of children's products and residential upholstered furniture containing more than 1,000 parts per million of the following flame retardants: TDCPP (tris(1,3-dichloro-2-propyl)phosphate); TCEP (tris(2-chloroethyl)phosphate); decaBDE (decabromodiphenyl ether); and HBCDD (hexabromocyclododecane). The manufacture and importation ban takes effect on July 1, 2018, with a ban on the sale of such products becoming effective July 1, 2019. Meanwhile the California Senate, with a 30-10 vote, has passed SB 763 which requires permanent labeling of "juvenile products" containing added flame retardants.…

On May 29, 2015, the federal Occupational Safety and Health Administration (OSHA) issued interim enforcement guidance on the new Hazard Communication Standard (HCS) requirements, which became effective June 1, 2015, for labels and Safety Data Sheets (SDSs). Supplementing OSHA's February 2015 enforcement guidance, this guidance document provides OSHA inspectors with discretion to refrain from issuing citations to manufacturers, importers and distributors of chemical mixtures who cannot meet the June 1, 2015 deadline, if specified circumstances exist.  (See GLO's previous post on the February guidance document.)  The May 2015 guidance also clarifies SDS and labeling obligations for existing stock that is…

On April 6, 2015, the Environmental Protection Agency published a proposed rule under Section 8(a) of the Toxic Substances Control Act, which would impose certain reporting and recordkeeping requirements on manufacturers and processors of specified nanoscale substances. The deadline for comments on this proposed rule is July 6, 2015. TSCA Section 8(a) authorizes EPA to promulgate rules imposing reporting and recordkeeping requirements, as EPA may "reasonably require," on manufacturers and processors of chemical substances.  The agency uses the information to set priorities for Section 4 testing and other regulatory actions.  Typically, EPA promulgates Section 8(a) for specific chemicals, although EPA previously has promulgated…

On April 16, 2015, the Department of Toxic Substances Control released its final Priority Product Work Plan as required by the Safer Consumer Products (SCP) Regulations. This follows DTSC’s September 14, 2014 release of its draft Work Plan, a subsequent public comment period and two public meetings. The final Work Plan, though very similar to the September 2014 draft, contains some notable changes. The California Safer Consumer Products (SCP) Regulations implement AB 1879, California's green chemistry law.  AB 1879 was passed in 2008, the same year that DTSC released its Green Chemistry Initiative report outlining the goals and strategies for…

On May 7, 2015, the Developmental and Reproductive Toxicant Identification Committee unanimously voted to list bisphenol A as a female reproductive toxicant under Proposition 65. To date, this Committee is the only regulatory agency in the world to identify BPA as a female reproductive toxicant, even as the U.S. Food and Drug Administration and the European Food Safety Authority have concluded that BPA is safe when used in food contact materials and other consumer products.  OEHHA published the updated Proposition 65 chemical list on May 11, 2015; the warning requirement for BPA will be effective on May 11, 2016. The…