Blogs

As we discussed in our recent podcast episode, manufacturers of products sold, offered for sale, or distributed for sale in Minnesota must submit a report by September 15, 2026, that includes information about each product or component that contains intentionally added per- and polyfluoroalkyl substances (PFAS). The Minnesota legislature amended the statute in May 2026 to exclude products manufactured before July 1, 2023, from the reporting requirements. This date exemption applies to the...

The Environmental Defense Fund (EDF) posted a blog item on August 27, 2026, entitled “American Chemical Safety Decisions Should Be Based on American Conditions of Use.” As we reported in our January 27, 2026, and March 6, 2026, memoranda, the House and Senate have each held hearings on discussion drafts of legislation that would amend the Toxic Substances Control Act (TSCA). EDF’s blog item explores why the Organisation for Economic Co-operation and Development’s (OECD) experience,...

On August 28, 2026, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) advised the public of its determination that Darling 54 American Chestnut (Castanea dentata), which was developed using genetic engineering for tolerance to the fungal pathogen, Cryphonectria parasitica, is no longer considered regulated. 91 Fed Reg. 55510. According to the notice, APHIS’ determination is based on its evaluation of information and data submitted...

Bergeson & Campbell, P.C. (B&C®) is pleased to present “Plastics and Policy: Microplastics, EPR, and Other Emerging Trends,” a complimentary webinar providing regulatory professionals with the latest updates on emerging microplastics and recycling legal and regulatory issues. U.S. federal and state lawmakers have advanced multiple initiatives related to microplastics focused on health research, exposure assessment, and regulatory frameworks, including increased funding for research,...

On July 6, 2026, the American Chemical Society (ACS) announced the winners of the 2026 Green Chemistry Challenge Awards. According to ACS, the 2026 awards “recognize outstanding work in recyclable polyurethanes [PU], cleaner pharmaceutical manufacturing, sustainable crop protection, biodegradable polymers, [per- and polyfluoroalkyl substances (PFAS)]-free semiconductor cooling and biocide-free marine coatings.” ACS notes that these innovations “reduce or eliminate hazardous substances, cut...

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on August 18, 2026, that it has received a petition from Pioneer Hi-Bred International, Inc. seeking a determination of nonregulated status for COR-23134-4 soybean (Glycine max), referred to as COR23134, which has been developed using genetic engineering to express Cry1B.34.1, Cry1B.61.1, and IPD083Cb proteins to protect against certain susceptible lepidopteran pests, and the GM-HRA protein...

The Asia-Pacific Economic Cooperation (APEC) held a High-Level Policy Dialogue on Agricultural Biotechnology in Dalian, People’s Republic of China, in August 2026. According to APEC’s August 20, 2026, press release, participants discussed new innovations and strengthened safety principles for genome technologies. Member countries demonstrated how precision breeding produces tangible results with adoption spreading across different fruits, vegetables, and meat. The press release notes that 75...

On August 27, 2026, Judge Michael H. Simon issued a Finding of Fact and Conclusions of Law (the Decision) in the bench trial for National Association of Wholesaler-Distributors v. Feldon, holding that the Oregon Department of Environmental Quality’s (DEQ) Extended Producer Responsibility (EPR) program, run by the Producer Responsibility Organization (PRO) Circular Action Alliance (CAA), does not violate the Dormant Commerce Clause or the Due Process Clause of the U.S. Constitution. This...

Agricultural Research Service (ARS) has petitioned USDA’s Animal and Plant Health Inspection Service (APHIS) seeking a determination of nonregulated status for two European plum (Prunus domestica) lines (34 plum and 157 plum) that have been developed using genetic engineering to promote early and near-continuous blooming. 91 Fed. Reg. 52663. According to APHIS, the petition states that the information provided indicates that 34 plum and 157 plum are unlikely to pose a plant pest...

On August 6, 2026, Senators Pete Ricketts (R-NE) and Elissa Slotkin (D-MI) introduced the Biotech Investment National Security Act (BINSA) (S. 5316). According to Ricketts’s August 6, 2026, press release, the bill would ensure American investment in “adversary biotechnology” is subject to the review requirements of the Comprehensive Outbound Investment National Security (COINS) Act. Enacted in December 2025, the COINS Act directs the Secretary of the Treasury to issue regulations...

Bergeson & Campbell, P.C. is pleased to republish this timely item published in the August 24, 2026, issue of Owen’s “Around Latin America” newsletter. Mexico's Federal Commission for Protection against Sanitary Risks (COFEPRIS) published comprehensive new rules on food additives and processing aids on August 21, 2026, fully replacing the framework that had governed food additives, beverages, and food supplements since 2012. The new Agreement enters into force 60 business days after...

On August 20, 2026, the U.S. Environmental Protection Agency (EPA) announced notice of receipt of applications to register new active ingredients (AI) not included in any currently registered pesticide product. 91 Fed. Reg. 53858. EPA is providing the public with an opportunity to comment on these applications. EPA Action Notice of receipt of the applications does not imply a decision by EPA. The applications identified in the announcement were received since the last notice was issued by EPA...

This year marks at least one other celebration besides the nation’s 250 years since the Declaration of Independence. Though much smaller in scale and scope, regarding pesticide regulation, the Food Quality Protection Act (FQPA) was very much a pivotal event. Setting the Stage As the 1990s dawned, news about pesticides was coming off the Alar controversy, energized by a 60 Minutes episode in 1989 (Feb. 26, 1989) that led to school districts banning apples, congressional hearings (Mar. 16, 1989)...

The New York State (NYS) Department of Environmental Conservation (DEC) will be holding a virtual stakeholder meeting, titled “Bureau of Pesticides Management: 320 Series Rulemaking Stakeholder Meeting,” on August 27, 2026, from 9:30 a.m. to 1:00 p.m. (EDT) to obtain input on potential changes to current pesticides regulations. NYS DEC is considering changes to the entire series of pesticides regulations contained in Parts 320 through 329 of Chapter IV – Quality Services within Title...

The New Mexico Environment Department (NMED) held a webinar on August 18, 2026, to explain how the public can participate in the state’s review of the Per- and Polyfluoroalkyl Substances (PFAS) Protection Act. As reported in our February 23, 2026, blog item, on February 18, 2026, the New Mexico legislature passed House Joint Memorial (HJM) 3, requesting the development of two reports. The first, prepared by the New Mexico Environmental Improvement Board (NMEIB), will be on the implementation...

Bergeson & Campbell, P.C. (B&C®) is pleased to present two complimentary webinars in September to inform and prepare interested stakeholders on the state of pesticide regulation in the United States. “The Food Quality Protection Act at 30: How It Happened, Why It Still Matters,” September 17, 2026, 11:00 a.m. – 12:00 p.m. (EDT), via webinar August 3, 2026, marked an important milestone: the 30th anniversary of the enactment of the Food Quality Protection Act (FQPA) in 1996. This...

On August 12, 2026, the European Union’s (EU) Packaging and Packaging Waste Regulation (PPWR) will officially replace the EU’s longstanding Packaging and Packaging Waste Directive (PPWD). Where the PPWD provided member states with both regulatory and implementation flexibility, meaning that each member state could take a different approach to implementation, the PPWR brings harmonized standards across the EU. This change seeks to bring cohesion across member states to encourage a circular...

The U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) announced on August 4, 2026, that it will begin an evaluation of the Toxic Substances Control Act (TSCA) Priority Testing List. According to the OIG’s August 4, 2026, memorandum, the evaluation is the result of an OIG Hotline complaint. OIG’s objective is to determine the extent to which (1) the TSCA Interagency Testing Committee (ITC) is updating the Priority Testing List every six months and (2) EPA is...

On August 7, 2026, the New Mexico Environment Department (NMED) announced that it will host a public webinar on August 18, 2026, “to explain how the public can participate in the state’s review of the PFAS Protection Act, which regulates per- and polyfluoroalkyl substances (PFAS) in consumer products.” As reported in our February 23, 2026, blog item, on February 18, 2026, the New Mexico legislature passed House Joint Memorial (HJM) 3, requesting that the New Mexico Environmental...

Reports on products containing intentionally added per- and polyfluoroalkyl substances (PFAS) that are sold in Minnesota are due September 15, 2026. Any manufacturer of a product manufactured after July 1, 2023, that is sold, offered for sale, or distributed in Minnesota and that contains intentionally added PFAS must report.  A manufacturer includes the entity that produces the product, the entity that contracts production of the product under its brand or label, and the...

The U.S. Environmental Protection Agency (EPA) has extended its Emerging Viral Pathogen (EVP) Guidance for Antimicrobial Pesticides (Guidance) in response to the mpox virus (formerly monkeypox), which had been considered to be a rare disease caused by infection with the mpox virus. EPA developed its Guidance in 2016 to address emerging pathogens. Under this Guidance, EPA provides pesticide registrants with a voluntary “two-stage process to enable use of certain EPA-registered disinfectant...

The federal district court presiding over National Association of Wholesaler-Distributors v. Feldon has issued a new scheduling order that provides insight into the next phase of the groundbreaking challenge against Oregon’s Extended Producer Responsibility (EPR) law. Following a five-day bench trial in July and the parties' post-trial briefings, filed on July 31, 2026, Judge Michael H. Simon concluded that oral argument is unnecessary. Instead, the court has requested supplemental briefing on...

The U.S. Government Accountability Office (GAO) released a report on July 14, 2026, entitled Biotechnology: Applications, Challenges, and Policy Options for Engineered Microbes for Waste Cleanup that assesses current and emerging genetically engineered (GE) microbe technologies for waste cleanup. The report examines: the status, benefits, and risks of GE microbes for waste cleanup; the challenges of developing or using GE microbes for waste cleanup; and options policymakers could consider to...

On July 14, 2026, the U.S. Department of Energy’s (DOE) Alternative Fuels and Feedstocks Office (AFFO) announced its intent to fund the advancement of novel, high-impact chemical technologies. According to AFFO, the proposed funding opportunity, Accelerating Scale-up and Pre-piloting of Emerging Chemical Technologies (ASPECT), will advance technologies for producing chemicals from alternative and waste feedstocks. AFFO notes that more than 96 percent of manufactured goods rely on products from...

On August 4, 2026, the Senate Finance Subcommittee on Health Care will hold a hearing on “Building a Resilient Health Care Future with Biotechnology.” The Subcommittee will hear from the following witnesses: Alan D. Palkowitz, Ph.D., President and Chief Executive Officer (CEO), Indiana Biosciences Research Institute (IBRI); Michelle Rozo, Ph.D., Vice Chair, National Security Commission on Emerging Biotechnology (NSCEB); Vera P. Luther, M.D., MS, Section Chief of Infectious Disease and...

In July, the Office of Management and Budget (OMB) published the Trump Administration’s 2026 Unified Agenda. The U.S. Department of Agriculture’s (USDA) Unified Agenda includes the following rulemakings regarding biobased products and biotechnology: Technical Guidelines for the Production of Regenerative Agricultural Biofuel Feedstocks: The Biden USDA issued an interim final rule (IFR) to establish new regulations that will set requirements for the quantification, reporting, and verification...

As we reported in our May 4, 2026, memorandum , on May 5, 2026, the New Mexico Environment Department (NMED) issued a final rule on per- and polyfluoroalkyl substances (PFAS) in consumer products. The most controversial and burdensome part of the rule has been a labeling requirement for products manufactured after January 1, 2027. This week, an NMED representative stated that “[i]t is NMED’s position that the scope is limited to consumer products as that term is defined in the PFAS...

On July 17, 2026, the U.S. Fish and Wildlife Service (FWS) issued a final significant set of revisions to regulations implementing the Endangered Species Act (ESA), continuing the Trump Administration's broader effort to reshape federal environmental regulation through a combination of deregulation, statutory reinterpretation, and reliance on the Supreme Court's decision in Loper Bright Enterprises v. Raimondo. The latest rulemaking follows several ESA actions proposed in late 2025 that sought...

The World Health Organization (WHO) has published a report entitled Key ingested per- and poly-fluoroalkyl substances (PFAS) and their health effects: landscape review that presents an overview of a comprehensive landscape review of PFAS. The authors assembled a health effects database comprising approximately 57,000 observations covering 66 individual PFAS, drawn from 48 distinct data sources. In parallel, the authors assembled an occurrence database containing nearly 300,000 observations...

Established in 1992, the European Union (EU) Ecolabel is a world-renowned voluntary label that promotes environmental excellence through standardized processes and science-based criteria. As the European Commission transitions to a circular economy -- moving away from the traditional linear model of ‘take, make, use, dispose’ toward one in which products and materials remain in circulation and waste is minimized -- the EU Ecolabel considers the environmental impacts across a product’s...

On July 1, 2026, the California Department of Pesticide Regulation (DPR) announced it had reached a settlement with Keystone Pest Solutions to resolve allegations related to the sales of certain pesticide products. The penalty of nearly $200,000 relates specifically to sales of the following restricted materials: 2,4-dicholophneoxyacic acid (2,4-D), diuron, carbaryl, dimethylamine salt of dicamba, dimethylamine salt of 2-methyl-4-chlorophenoxyacetic acid, and Simazine. The specific allegations...

The Physicians Committee for Responsible Medicine (PCRM) New Approach Methodology (NAM) Use for Regulatory Application (NURA) is partnering with Te Protejo for the next installment of NURA en Español. The August 6, 2026, Spanish-language webinar will feature researchers from two Chilean NAMs labs: the Valparaíso Scientific and Technological Center (CCTVal) and Luyef Biotechnologies. Attendees will hear about how both labs are reshaping the Chilean scientific landscape through their work with...

On July 24, 2026, the U.S. Environmental Protection Agency (EPA) published a final significant new use rule (SNUR) for multi-walled carbon nanotubes (P-22-163) that were the subject of a premanufacture notice (PMN) and are also subject to an Order issued by EPA pursuant to the Toxic Substances Control Act (TSCA). 91 Fed. Reg. 46742. The SNUR requires persons who intend to manufacture (including import) or process these multi-walled carbon nanotubes for an activity that is designated as a...

The U.S. Environmental Protection Agency’s (EPA) deadline for Spanish language bilingual labeling compliance reporting under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (as amended by the Pesticide Registration Improvement Act of 2022 (PRIA 5)) via MyPeST is July 31, 2026. This reporting deadline is limited to restricted use pesticides (RUP) and agricultural products (non-RUPs) in Acute Toxicity Category I. EPA’s MyPeST platform is a web-based system designed to replace...

A catalyst used in small quantities in a well-controlled industrial application would seem to be the perfect candidate for a Low Volume Exemption (LVE) notification. In fact, in certain regions, such as the European Union (EU) and Canada, no premarket notification is required for substances manufactured or imported below certain tonnage limits (e.g., one metric tonne in the EU). But in the United States under the Toxic Substances Control Act (TSCA), there is no de minimis quantity and the U.S....

The Organisation for Economic Co-operation and Development (OECD) has published the Developments in Delegations on the Safety of Manufactured Nanomaterials and Advanced Materials -- Tour de Table: July 2024 -- June 2025 (Tour de Table). The Tour de Table lists U.S. developments on the human health and environmental safety of nanomaterials between June 2024 and May 2025: The U.S. Environmental Protection Agency (EPA) received notification of “one nanoscale substances based for a multiwalled...

The U.S. Environmental Protection Agency’s (EPA) Office of Pesticide Programs (OPP) has provided new resources to assist users with their MyPeST applications. EPA’s MyPeST platform is a web-based system designed to replace the Pesticide Submission Portal, offering registrants a transparent dashboard for tracking application statuses and managing bilingual pesticide labeling compliance. The MyPeST User Guide (Version 3.0.1, dated July 8, 2026) is available now. EPA states that the User Guide...

On July 16, 2026, Representative Rich McCormick (R-GA) introduced the Biotechnology Diplomacy Leadership Act (H.R. 9755). According to McCormick’s July 16, 2026, press release, the bill would “strengthen America’s global leadership in biotechnology by establishing a dedicated biotechnology lead” in the U.S. Department of State (State Department). The press release states that as biotechnology emerges as a “critical arena of global competition,” the United States faces pressure to...

The Sustainable PFAS Action Network (SPAN) announced on July 15, 2026, the formation of its Refrigerant Working Group, “a new initiative focused on advancing practical, science-based [per- and polyfluoroalkyl substances (PFAS)] policies that recognize the essential role refrigerants play in everyday life while meeting global climate commitments.” According to SPAN, the Working Group will bring together key stakeholders, technical experts, and industry leaders “to support durable...

The fifth and final day of the National Association of Wholesaler-Distributors (NAW) v. Feldon bench trial focused on questions surrounding the practicality and feasibility of administration of Oregon’s Plastic Pollution and Recycling Modernization Act (RMA). Oregon’s witnesses described how the Oregon Department of Environmental Quality (DEQ) considered various data in designing Oregon's Extended Producer Responsibility (EPR) program and how modeling and detailed planning were used to...

The U.S. Department of Agriculture’s (USDA) Rural Business-Cooperative Service published a final rule on July 9, 2026, that incorporates revisions intended to clarify, improve, and enhance the delivery of the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Program’s loan guarantees. 91 Fed. Reg. 42335. The program provides loan guarantees up to $250 million to eligible applicants to develop advanced biofuels, renewable chemicals, and biobased-products manufacturing...

The fourth day of the National Association of Wholesaler-Distributors (NAW) v. Feldon bench trial shifted from questions of legislative intent and economic impacts to questions surrounding the practical administration of Oregon’s Plastic Pollution and Recycling Modernization Act (RMA). Oregon’s witnesses from the Oregon Department of Environmental Quality (DEQ) described how the agency oversees the state's Extended Producer Responsibility (EPR) program, reviews Circular Action Alliance's...

August 7, 2026 -- This article has been updated to feature additional information and analysis. On July 14, 2026, the U.S. District Court for the Southern District of California issued a preliminary injunction in California League of Food Producers v. Bonta (California League), blocking enforcement of Senate Bill 343 (SB 343), California’s “Truth in Recycling” law. The California legislature enacted SB 343 on October 5, 2021, taking aim at the question of whether products labeled as...

The third day of the National Association of Wholesaler-Distributors (NAW) v. Feldon bench trial continued to question how Oregon’s Plastic Pollution and Recycling Modernization Act (RMA) may impact supply chains, distribution channels, and producers of different sizes. NAW called additional witnesses to testify regarding general economic principles, potential producer consequences, and elements of the RMA that are similar to or distinct from programs in other jurisdictions. NAW continued to...

The second day of the National Association of Wholesaler-Distributors (NAW) v. Feldon bench trial shifted from establishing the structure of Oregon's Extended Producer Responsibility (EPR) program to examining how Oregon’s Plastic Pollution and Recycling Modernization Act (RMA) potentially impacts interstate supply chains. Much of the day's testimony focused on the practical challenges associated with producer identification, packaging design, fee calculation, and regional distribution...

In June 2026, the International Organization for Standardization (ISO) published standard ISO/TS 4966:2026, “Nanotechnologies -- Silica nanomaterials -- Specification of characteristics and measurement methods for nanoporous silica microparticles applied in liquid chromatography.” ISO notes that in common with other nanostructured materials, the manufacturing and material specification of nanoporous silica microparticles are complex. According to ISO, small variations in the synthesis...

On July 6, 2026, the U.S. Environmental Protection Agency (EPA) announced the release of a draft memorandum that would, if issued in final, provide guidance to operators of wastewater treatment plants (WWTP) and related facilities, landowners and farmers, state and Tribal water agencies, and the public on ways to reduce potential risks posed by perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in biosolids. 91 Fed. Reg. 41020. As reported in our January 14, 2025, blog item,...

The first day of the National Association of Wholesaler-Distributors (NAW) v. Feldon bench trial was largely devoted to establishing the factual record surrounding Oregon's Plastic Pollution and Recycling Modernization Act (SB 582) and the structure, governance, and implementation of the state's Extended Producer Responsibility (EPR) program. A bench trial is held before a judge, who serves as fact-finder and decision-maker; there is no jury. Rather than focusing on the constitutional and...

On July 3, 2026, the Office of Management and Budget (OMB) published the Trump Administration’s 2026 Unified Agenda. The U.S. Environmental Protection Agency’s (EPA) Unified Agenda includes the following rulemakings under the Toxic Substances Control Act (TSCA): Cyclic Aliphatic Bromide Cluster (HBCD); Regulation under TSCA: According to EPA, this rulemaking will address the unreasonable risk of injury to health presented by HBCD. EPA states that TSCA Section 6(a) requires that EPA, when it...

On July 3, 2026, the Office of Management and Budget (OMB) published the Trump Administration’s 2026 Unified Agenda. The U.S. Environmental Protection Agency’s (EPA) Unified Agenda includes the following rulemakings regarding per- and polyfluoroalkyl substances (PFAS): Clean Water Act (CWA) Effluent Limitations Guidelines and Standards for PFAS Manufacturers under the Organic Chemicals, Plastics and Synthetic Fibers Point Source Category: EPA is revising the existing Organic Chemicals,...