Only a few months after new provisions went into effect (on August 30th), California’s Office of Environmental Health Hazard Assessment (OEHHA) is proposing to clarify the rules governing retailer and supply chain responsibility for providing warnings under Proposition 65. These
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Black Friday and Prop 65
With the biggest sales day of the year shortly upon us, a new wave of on-line shopping Americans likely will see Proposition 65 warning notices for the first time. Though California’s notorious program technically only applies within the state’s borders,
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Midterm Elections Signal Increase in TSCA Oversight
With Democrats now in control of the House, Congressional oversight of EPA’s implementation of the 2016 amendments to the Toxic Substances Control Act (TSCA) is set to ramp up. The expected incoming chair of the House Energy & Commerce Committee,
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California Limits New Prop 65 Listing to Soluble Nickel Compounds
California has added a new chemical to the list of substances known to the state to cause reproductive toxicity under Proposition 65, though the listing is not as broad as originally proposed. While the Office of Environmental Health Hazard Assessment
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Could Federal Legislation Save Proposition 65?
Recent events have raised questions about the viability and utility of California’s infamous Proposition 65. The past few months have seen courts reject the listing of glyphosate as a “known” carcinogen on First Amendment grounds and rule that federal nutrition
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EU Restricts 33 Substances in Clothing-Footwear-Textiles
By November 2021, the European Union (EU) is requiring that clothing, accessories, footwear and other textiles (such as furniture upholstery and bed linens) be essentially free of 33 “CMR” substances, including lead, cadmium, arsenic, hexavalent chromium, formaldehyde, several phthalates, and
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TSCA Chemical Inventory “Reset” Reporting Deadline: October 5
EPA Finalizes New TSCA User Fees
A new framework of fees to cover the costs of implementing the provisions of the 2016 amendments to the Toxic Substances Control Act (TSCA) will go into effect October 1st, under a final rule issued yesterday by EPA. The fees
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Prop 65: Notes from the Front
Live from San Francisco, Kelley Green Law Blog is reporting today from the Prop 65 Clearinghouse 2018 Conference …. the largest annual assemblage dedicated to the cottage industry that is California’s “Proposition 65.” Uniquely, the Clearinghouse conference brings together the
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For a Clean Slate, Don’t Forget About EPA’s Audit Policy
After almost a decade of neglect, EPA is once again actively encouraging facilities to utilize the agency’s Audit Policy to “address noncompliance in an efficient and timely manner.” Over the last several months, EPA has taken steps to promote use
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Its Go Time for the New Proposition 65 Warning Regulations
Today, August 30, 2018 … marks the date that the 2016 amendments to the warning requirements of California Proposition 65 go into full effect. This brings to a close the two year phase-in period for the new “safe harbor” warning
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