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Chemical Reporting USA:
New Regulations on Chemicals of
Concern, Priority Chemicals &
Safer Alternatives
April 2013



                              1   |
Toxic Substances Control Act (TSCA)
                             V
                  State Regulations


In the absence of federal efforts to expand the reach of the
TSCA, several US states introduced legislation designed
to identify and reduce the use of potentially harmful
chemicals in consumer products, particularly children’s
products.




                                                         |
Maine & Washington
  • Enacted laws and promulgated regulations
    requiring children’s product manufacturers to
    report on the use of designated, potentially
    harmful chemicals in children’s products

California
  • Is on the verge of implementing its sweeping
    “Safer Consumer Products” regulations on
    chemicals in all consumer products




                                                    |
The Same
  • These state programs share a common purpose -
    to protect consumers from harmful chemicals -
    but…




                                                    |
…Different Approaches
  • Maine law calls for the selection of a few priority
    chemicals and requires reporting only for product
    categories designated specifically for each
    chemical
  • Washington regulations require reporting for a
    larger list of chemicals of high concern – initially
    66 – with reporting phased in depending on the
    product type and the size of the manufacturer
  • California regulations do not contain any initial
    requirements, but provide an expansive
    framework for controlling chemicals in all
    consumer products


                                                           |
Other States
  • Alaska, Connecticut, Delaware, Illinois, Maryland,
    Massachusetts, Michigan, Minnesota, New York,
    Oregon and Vermont – will consider legislation to
    require reporting of potentially harmful chemicals
    in children’s products this year




                                                         |
US EPA
  • Has created a chemical work plan list of
    substances that it will subject to risk assessments
    over the coming years
  • It contains most if not all of the chemicals of high
    concern identified thus far in state regulations or
    legislation
  • While EPA does not have the authority to ban
    hazardous chemicals outright, it can, in
    conjunction with the CPSC, FDA and OSHA,
    make products containing hazardous chemicals
    nearly unmarketable through warnings, recalls,
    and workplace restrictions


                                                           |
This presentation is based on a white paper by
                          Compliance & Risks
                       ‘Chemical Reporting USA’


        Download your free copy now!



22/04/2013
global compliance – risk management – strategic growth




Disclaimer: This presentation is provided to the reader by Compliance and Risks Limited ("C&R") for information only. All information provided by C&R and its contributing

                                                                                                                                     9                             |
researchers is provided for strategic and educational purposes only, and should not be construed as legal advice or counsel. The presentation is provided "as is". C&R makes
no warranty, express, implied or otherwise regarding the accuracy or completeness of the Presentation. The reader is responsible for its use of the Presentation and agrees to
exercise care and judgement before relying on the information included in the Presentation in any way.

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Chemical Reporting USA

  • 1. Chemical Reporting USA: New Regulations on Chemicals of Concern, Priority Chemicals & Safer Alternatives April 2013 1 |
  • 2. Toxic Substances Control Act (TSCA) V State Regulations In the absence of federal efforts to expand the reach of the TSCA, several US states introduced legislation designed to identify and reduce the use of potentially harmful chemicals in consumer products, particularly children’s products. |
  • 3. Maine & Washington • Enacted laws and promulgated regulations requiring children’s product manufacturers to report on the use of designated, potentially harmful chemicals in children’s products California • Is on the verge of implementing its sweeping “Safer Consumer Products” regulations on chemicals in all consumer products |
  • 4. The Same • These state programs share a common purpose - to protect consumers from harmful chemicals - but… |
  • 5. …Different Approaches • Maine law calls for the selection of a few priority chemicals and requires reporting only for product categories designated specifically for each chemical • Washington regulations require reporting for a larger list of chemicals of high concern – initially 66 – with reporting phased in depending on the product type and the size of the manufacturer • California regulations do not contain any initial requirements, but provide an expansive framework for controlling chemicals in all consumer products |
  • 6. Other States • Alaska, Connecticut, Delaware, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New York, Oregon and Vermont – will consider legislation to require reporting of potentially harmful chemicals in children’s products this year |
  • 7. US EPA • Has created a chemical work plan list of substances that it will subject to risk assessments over the coming years • It contains most if not all of the chemicals of high concern identified thus far in state regulations or legislation • While EPA does not have the authority to ban hazardous chemicals outright, it can, in conjunction with the CPSC, FDA and OSHA, make products containing hazardous chemicals nearly unmarketable through warnings, recalls, and workplace restrictions |
  • 8. This presentation is based on a white paper by Compliance & Risks ‘Chemical Reporting USA’ Download your free copy now! 22/04/2013
  • 9. global compliance – risk management – strategic growth Disclaimer: This presentation is provided to the reader by Compliance and Risks Limited ("C&R") for information only. All information provided by C&R and its contributing 9 | researchers is provided for strategic and educational purposes only, and should not be construed as legal advice or counsel. The presentation is provided "as is". C&R makes no warranty, express, implied or otherwise regarding the accuracy or completeness of the Presentation. The reader is responsible for its use of the Presentation and agrees to exercise care and judgement before relying on the information included in the Presentation in any way.

Editor's Notes

  1. Compliance & Risks – your partners in global compliance.