U.S. Chemical Regulation – Update of State Initiatives

(Mondaq – Heather Demirjian and Margaret A. Hill, Blank Rome LLP)

Against the backdrop of efforts by Congress to reform the Toxic Substances Control Act of 1976 ("TSCA"), 15 U.S.C. § 2601 et seq., states like California, Washington and Maine have moved forward with the adoption of "Green Chemistry" laws. The laws will have wide-ranging impacts by restricting the presence of hazardous chemicals in consumer products and establishing mandatory priority chemical notification requirements.

These state "Green Chemistry" laws contain provisions that are very similar to the European Union's chemical regulation governing the "Registration, Evaluation, Authorization and Restriction of Chemical Substances" ("REACH"), which requires the pre-registration of all chemical products and substances that will be sold, used, and distributed in the markets in the European Union. Importantly, these state initiatives are merely the first in a wave of chemical reforms that will forever change chemical regulation at the state, federal and international levels. Read more here.