September 20, 2020

Volume X, Number 264

September 18, 2020

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September 17, 2020

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CFTC Warns Customers About Precious Metal Schemes

The Australian Industrial Chemicals Introduction Scheme (AICIS) took effect on July 1, 2020.  Under AICIS, companies that import or manufacture (including introduce) industrial chemicals, or products that release industrial chemicals, into Australia for commercial purposes should first check whether the industrial chemical is listed on the Inventory.  If the chemical is on the Inventory and the introduction meets the terms of Inventory listing, the introduction is automatically categorized as a “listed” introduction.  If the chemical is not listed, it must be categorized into one of five categories.  On July 3, 2020, Australia published additional guidance for the introduction of industrial chemicals (and products that release industrial chemicals) with at least one external dimension in the nanoscale.  Australia notes that if the chemical is a nano form of a chemical that is listed on the Inventory, “then it is only considered to be on our Inventory[] if the nano form has the same [Chemical Abstracts Service (CAS)] number as the bulk form of the chemical.”  The guidance addresses what is a chemical at the nanoscale; whether the introduction is exempted, reported, or assessed; introductions of chemicals for use in research and development; introductions categorized using steps four through six of the categorization guide; and categorization outcomes.

The guidance states that nanoscale means the particle size range of one to 100 nanometers (nm).  The introduction is a “specified class of introduction” if it is of a chemical that:

  • Is introduced as a solid or is in a dispersion; and

  • Consists of particles in an unbound state or as an aggregate or agglomerate, at least 50 percent (by number size distribution) of which have at least one external dimension in the nanoscale.

The guidance states that Australia has “an increased level of concern” for specified classes of introductions due to a greater potential for particular hazards or high levels of human or environmental exposure.  According to the guidance, Australia’s increased level of concern for chemicals at the nanoscale “is because of uncertainty about the risks of some of these chemicals due to their potentially different properties, such as chemical reactivity, relative to the non-nanoscale forms of the chemicals.”  This uncertainty requires either assessment by Australia or increased reporting or recordkeeping requirements.  The guidance outlines the additional or different requirements arising from these concerns.

©2020 Bergeson & Campbell, P.C.National Law Review, Volume X, Number 220


About this Author

Lynn Bergeson, Campbell PC, Toxic Substances Control Act Attorney, federal insecticide lawyer, industrial biotechnology legal counsel, Food Drug Administration law
Managing Partner

Lynn L. Bergeson has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), European Union Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and especially how these regulatory programs pertain to nanotechnology, industrial biotechnology, synthetic biology, and other emerging transformative technologies. Her knowledge of and involvement in the policy process allows her to develop client-focused strategies whether...

Carla Hutton, Bergeson Campbell PC, global regulatory attorney, public health activists lawyer, metals industry legal counsel, Toxic Substances Control Act law
Regulatory Analyst

Since 1996, Carla Hutton has monitored, researched, and written about regulatory and legislative issues that may potentially affect Bergeson & Campbell, P.C. (B&C®) clients. She is responsible for creating a number of monthly and quarterly regulatory updates for B&C's clients, as well as other documents, such as chemical-specific global assessments of regulatory developments and trends. She authors memoranda for B&C clients on regulatory and legislative developments, providing information that is focused, timely and applicable to client initiatives. These tasks have proven invaluable to many clients, keeping them aware and abreast of developing issues so that they can respond in kind and prepare for the future of their business.

Ms. Hutton brings a wealth of experience and judgment to her work in federal, state, and international chemical regulatory and legislative issues, including green chemistry, nanotechnology, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Toxic Substances Control Act (TSCA), Proposition 65, and the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) program.