On March 4, 2011, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed to list four chemicals as known to the State to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop 65) under the “Labor Code mechanism” for listing contained in Health and Safety Code Section 25249.8(a). The four substances are: Chemical CAS No. Endpoint Reference Cyclopenta[cd]pyrene 27208-37-3 Cancer (2010a; 2010b) Ethanol in alcoholic beverages —...
March 1, 2011, is the deadline for owners or operators of facilities covered under Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) to file annual “Tier II” reporting forms to the appropriate state and local agencies. Under EPCRA Section 312, any facility required under Occupational Safety and Health Administration (OSHA) regulations to maintain material safety data sheets (MSDS) for hazardous chemicals and that stores these chemicals on-site during the...
February 11, 2011
Respondents to House Committee Identify FIFRA and TSCA Regulatory Actions as Impediments to Job Growth
On February 10, 2011, during a hearing on “Regulatory Impediments to Job Creation,” the House Committee on Oversight and Government Reform released a preliminary staff report entitled Assessing Regulatory Impediments to Job Creation. In December 2010, Committee Chair Darrell Issa (R-CA) sent letters to over 150 businesses, industry organizations, and think tanks asking for examples of existing and proposed regulations that have negatively impacted job growth, as well as...
Both Turkey and South Korea are working to implement chemical management programs to comply with broader international initiatives. In December 2009, Turkey implemented new legislation concerning the classification, labeling, and packaging (CLP) of dangerous substances and preparations, and a regulation on safety data sheets (SDS) for dangerous substances and preparations. South Korea has initiated a process for the management of chemicals, with the objective of minimizing the harmful effects...
February 3, 2011
Senate Subcommittee Holds Hearing on Assessing the Effectiveness of U.S. Chemical Safety Laws
On February 3, 2011, the Senate Committee on Environment and Public Works Subcommittee on Superfund, Toxics, and Environmental Health held a hearing entitled “Assessing the Effectiveness of U.S. Chemical Safety Laws.” Subcommittee Chair Frank Lautenberg (D-NJ) last year introduced the Safe Chemicals Act of 2010, a bill that would have reformed the Toxic Substances Control Act (TSCA) by shifting the burden of proof to industry to show chemicals are safe, rather than the U.S....
On January 18, 2011, U.S. Environmental Protection Agency (EPA) Administrator Lisa Jackson signed a proposed rule that would revise EPA’s February 6, 2006, final rule concerning protections for subjects in human research. According to EPA, the proposed amendments would broaden the applicability of the rules to cover human testing with pesticides submitted to EPA under any regulatory statute it administers. The proposed amendments would also disallow participation in third-party pesticide...
The Center for Devices and Radiological Health (CDRH) of the U.S. Food and Drug Administration (FDA) published on January 19, 2011, a “plan containing 25 actions it intends to implement during 2011 to improve the most common path to market for medical devices.” See FDA News Release, “FDA to improve most common review path for medical devices” (Jan. 19, 2011), available online. That path is the Premarket Notification, or 510(k) process, used for the bulk of...
January 10, 2011
CPSC Will Hold Web Conferences on the Publicly Available Consumer Product Safety Information Database
On January 7, 2011, the U.S. Consumer Product Safety Commission (CPSC) announced that it will hold two live web conferences on the publicly available consumer product safety information database. During the first web conference, scheduled for January 11, 2011, CPSC will demonstrate key functions of the database, such as how a consumer will be able to use the new online reporting form to submit a report of harm related to the use of a consumer product...
Thank you for participating in Bergeson & Campbell, P.C.’s webinar on endocrine disruptors Monday, December 20, 2010. We are delighted that you were able to participate, and hope that you found the information and format useful and convenient. Request the materials from this webinar....
The California Department of Toxic Substances Control (DTSC) released a December 23, 2010, letter from Linda S. Adams, California’s Secretary for Environmental Protection to Assembly Member Mike Feuer, the author of the 2008 law (A.B. 1879) that would require regulations to address chemicals and chemical ingredients in consumer products. In the letter, Secretary Adams responded to Feuer’s letter outlining his concerns about the DTSC’s November 16, 2010, release of revisions to...