Topic: Recent legislation and regulations

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Trump administration ices EPA formaldehyde in composite wood rule

Following up our recent post on EPA’s publication of its formaldehyde in composite wood rule, the Trump administration has delayed the rule’s effective date from February 10, 2017 to March 21, 2017. This delay is part of the administration’s “Regulatory Freeze Pending Review.” It is unclear what impact this freeze will have on the rule’s implementation, … Continue reading

EPA publishes formaldehyde in composite wood rule – Dec. 2017 compliance dates

EPA recently published its final rule restricting formaldehyde emissions from composite wood. The publication now triggers the rule’s effective date (Feb. 10, 2017) and the first compliance dates (December 12, 2017). The rule implements the formaldehyde standards found in Title VI of TSCA. EPA has expressly stated that the rule is “consistent, to the extent EPA deemed appropriate and practical … Continue reading

Clamshell compliance: California’s Rigid Plastic Packaging Container law

California remains on the forefront of sustainability and recycling requirements. A key restriction in California is the Rigid Plastic Packaging Container Law, which targets hard plastic product packaging (namely “clamshells”).  The law requires that product manufacturers reduce waste from covered packaging through several methods. The California Department of Resources Recycling and Recovery, referred to as … Continue reading

Drone requirements continue to evolve

Back in 2015, the FAA promulgated various rules and regulations regarding the use of drones, which included a requirement to register all such aircraft. The FAA has subsequently finalized its rule for Small Unmanned Aircraft Systems, which took effect on August 29, 2016. The new rule offers safety regulations and limitations for unmanned drones weighing … Continue reading

New PCI requirements for retailers

For retailers that accept credit or debit cards and use service providers, a new version of the PCI Data Security Standards (PCI DSS v3.2) will impose new requirements as of November 1, 2016. The Payment Card Industry (PCI) Security Standards Council issued “clarifications” and “evolving requirements” in the new version. Clarifications are changes to ensure … Continue reading

Congress passes TSCA reform bill – no relief from Prop 65

After decades of stalled efforts, the House and Senate have both passed TSCA reform legislation. The bill, the Frank R. Lautenberg Chemical Safety for the 21st Century Act (H.R. 2576), is the result of extensive negotiations between the House and Senate to reconcile differences between competing TSCA reform bills in both houses. We expect the … Continue reading

FTC aims to modernize warranty requirements

The FTC has recently proposed amendments to the Disclosure Rule and Pre-Sale Availability Rule it issued under the Magnuson-Moss Warranty Act, the federal law governing warranties on consumer products. These amendments come in response to the E-Warranty Act of 2015, which President Obama signed into law in September 2015.  Click through to the full discussion that my colleagues, … Continue reading

WARNING: OEHHA announces proposed regulations and a safe harbor level for BPA

After several false starts, Proposition 65 warnings will be required for exposures to bisphenol A (BPA) starting on May 11, 2016. Because of tremendous uncertainty regarding the amount of BPA exposure that will require a warning, as well as the ubiquitous nature of the chemical, on March 17, 2016, California’s Office of Environmental Health Hazard … Continue reading

The mysterious world of green chemistry: update on Washington’s lead, cadmium, and phthalates enforcement

Continuing our coverage of the Washington’s Children’s Safe Products Act, the Washington Department of Ecology recently issued guidance clarifying its enforcement policy of the Washington Act’s prohibition on the manufacturing and sale of children’s products containing lead, cadmium, and phthalates. In this guidance, the Department concedes that the federal Consumer Products Safety Improvement Act preempts … Continue reading

The mysterious world of green chemistry: Washington’s 180 on cadmium and phthalates

In our previous post on Washington’s Children’s Safe Products Act, we focused on the Act’s reporting requirement. But the Act also contains provisions prohibiting the sale of children’s products containing certain chemicals above the following limits: Lead: 90 parts per million (ppm) Cadmium: 40 ppm; and Phthalates in children’s products in excess of 1,000 ppm … Continue reading

The mysterious world of green chemistry: Washington’s green chemistry law

This week we turn from federal law to the patchwork of state laws that cropped up due to TSCA’s failures. First up is Washington’s green chemistry law: the Children’s Safe Products Act. The CSPA requires manufacturers of children’s products sold in Washington to file a report with the state if their product contains certain chemicals. … Continue reading

The mysterious world of green chemistry: TSCA reform

The Toxic Substances Control Act and resulting regulations are the federal regulatory structure for chemicals management. TSCA (tah-ska) authorizes the US EPA to review and regulate chemicals. For many existing chemicals, TSCA requires manufacturers to work with EPA to fill in data gaps on risk, and new chemicals must undergo pre-market screening. If EPA determines a … Continue reading

The mysterious world of green chemistry: a miniseries

Among the many consumer product buzzwords, green chemistry may be on top of the pile. Depending upon your job, industry, or viewpoint, it also may have a variety of meanings, triggering still other buzzwords — alternatives assessment; restricted substances list; chemicals of concern; life cycle assessment. In the same vein as our California Proposition 65 miniseries, we here at … Continue reading

New REACH guidance on substances in articles

ECHA has recently issued revised guidance on substances in articles under REACH. The guidance follows a September 2015 ruling from the European Court of Justice that invalidated ECHA’s prior interpretation – effectively turning this aspect of REACH compliance on its head. The REACH Regulation The REACH Regulation addresses the production and use of chemical substances … Continue reading

The mysterious world of green chemistry: A miniseries

Among the many consumer product buzzwords, green chemistry may be on top of the pile. Depending upon your job, industry, or viewpoint, it also may have a variety of meanings, triggering still other buzzwords — alternatives assessment; restricted substances list; chemicals of concern; life cycle assessment. In the same vein as our California Proposition 65 miniseries, we here at … Continue reading

New California consumer products legislation

Last week marked the last chance for California Governor Jerry Brown to sign or veto legislation the California Legislature passed this year. The legislation goes into effect January 1, 2016. Although it was a quiet year for consumer products, several of the new laws are significant. Here is a rundown of relevant bills Governor Brown signed: AB … Continue reading

President Obama signs new online warranty law

President Obama has signed the E-Warranty Act of 2015 (PL 114-51).  The new law amends the federal Magnuson-Moss Warranty Improvements Act (15 USC § 2302(b)) by permitting (not requiring) consumer product warranties to be made available online.  If a consumer product manufacturer elects to make product warranties available online, the manufacturer will be subject to … Continue reading

Jerry Brown signs new California “Made in USA” law

Yesterday, California’s Governor Brown signed SB 633 into law.  The new law exempts certain merchandise from the prohibition that merchandise being sold in California cannot be labeled with “Made in the USA” or similar words when the merchandise or any component has been entirely or substantially made outside of the United States. Made in the … Continue reading

ARB starts 2013 consumer products survey enforcement roundup, launches 2014 portal

Recap on 2013 reporting and enforcement ARB reported registrations for 1,400 Responsible Parties and 700 formulators registering.  Of those, 1,300 have reported completion of the survey. ARB has published a summary of the 2013 data, which includes listing the Responsible Parties that reported. ARB has started sending letters to those who registered, but did not complete the … Continue reading
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