The New York Department of Environmental Conservation (NYDEC) announced last week that it will not begin enforcement of the Household Cleansing Product Information Disclosure Program until January 2, 2020. Previously, NYDEC had delayed enforcement until October 2 for compliance with
Continue Reading
BREAKING NEWS: Prop 65 Warning Exemption Approved for Coffee
Coffee drinkers of the world rejoice! California’s Office of Administrative Law (OAL) has signed off on a proposed rule that exempts coffee from the need to bear a cancer warning under Proposition 65 with every cup sold.
Originally proposed by
Continue Reading
More Tinkering at the Edges of Prop 65
The California Assembly passed a bill (AB 1123) earlier this month that would require litigants in private Proposition 65 enforcement actions to notify the state Attorney General (AG) of any appeals in such cases. Current law only requires plaintiffs in
Continue Reading
California Clarifies Scope of Prop 65 Listing for Soluble Nickel Compounds
California’s Office of Environmental Health Hazard Assessment (OEHHA) has issued an important clarification of the scope of last year’s listing of “soluble” nickel compounds as reproductive toxins under Proposition 65. As previously reported, last October, OEHHA added “Nickel (soluble
Continue Reading
EPA Punts on Meaningful Revisions to TSCA Reporting of Recycled Byproducts
In 2017, at the direction of a provision in the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act, which fundamentally reformed the Toxic Substances Control Act (TSCA), EPA convened a group of stakeholders representing environmental groups, states,
Continue Reading
EPA Proposes Changes to Key Chemical Data Reporting Rule
The U.S. EPA announced today proposed amendments to the Chemical Data Reporting (CDR) rule with an aim “to better support Agency data collection efforts, align reporting with the Frank R. Lautenberg Chemical Safety for the 21st Century Act by requiring
Continue Reading
EPA Issues First Set of Priority Chemicals for TSCA Risk Assessment
Earlier today, US EPA released the inaugural draft list of 20 “high priority” and 20 “low priority” chemicals for risk evaluation purposes as required by the 2016 amendments to the Toxic Substances Control Act (TSCA). EPA must finalize the listings
Continue Reading
California Prop 65 Coffee Regulation: A Modest Re-Brew
The anticipated issuance of a final Proposition 65 exemption for chemicals, such as acrylamide, “created by and inherent in the processes of roasting coffee beans or brewing coffee,” has been delayed to allow for an additional comment period to address
Continue Reading
Pesticide Enforcement Alert: EPA Targeting On-Line Sales
Consistent with consumer trends and the ever-increasing role of internet sales, U.S. EPA is targeting on-line pesticide sales as an enforcement priority. In a preview of the anticipated April 1 release of preliminary agency enforcement priorities, Acting Deputy Director of
Continue Reading
Updated TSCA Inventory Identifies “Active” Chemicals in Commerce
EPA has released the updated TSCA Chemical Substance Inventory, with, for the first time, “active” and “inactive” designations as required by the 2016 Amendments to the Toxic Substances Control Act (TSCA). Of the 86,228 chemicals on the Inventory, less than
Continue Reading
Prop 65 Coming to New York ….?
Newly proposed legislation in New York, announced by Gov. Andrew Cuomo during the release of his Executive Budget late last month, would look an awful lot like California’s “Proposition 65” program … but, presumably, with crucial differences. As described by
Continue Reading