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States Consider Over 60 Bills Regulating Chemicals in 2016

Although legislation to overhaul the Toxic Substances Control Act (TSCA) is under near-final consideration, states continue to consider restrictions on chemicals.  In the absence of TSCA reform, over 20 states are considering 60 different bills that would regulate the manufacture and sale of chemicals or restrict their use in products.  Some bills would establish broad regulatory authority to regulate chemicals in products – akin to California’s Safer Consumer Products regulations – whereas others would target specific chemicals of concern or narrow product types.  Almost half of the state proposals would regulate the use of chemicals in children’s products.  Other areas of legislative activity include limitations on the use of flame retardants, mercury, and bisphenol A, or a focus on personal care products, cosmetics, and cleaning products.  The bills range from notification or labeling requirements to blanket prohibitions on certain chemicals in defined products.  This chart provides details regarding active state bills in the 2016 legislative cycle.

In particular, state legislation targeting flame retardants is heating up. Eleven U.S. states are considering bills seeking to curb the use of flame retardants in products ranging from upholstered furniture to children’s products. Additionally, District of Columbia Mayor Muriel Bowser signed into law on March 17, 2016, a bill that will restrict the use of listed flame retardants in most consumer products by January 1, 2019. Most of the other bills addressing flame retardants are narrower in scope, but would still impact a broad array of products. In addition to material restrictions, many of the bills also contain provisions barring manufacturers from replacing restricted flame retardants with other hazardous chemicals classified as carcinogens, mutagens, reproductive toxicants, or endocrine disruptors, among other hazard traits.  If the bills are enacted, these jurisdictions would join the growing number of states that have adopted similar restrictions on flame retardants over the past few years.       

© 2020 Beveridge & Diamond PC National Law Review, Volume VI, Number 79

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About this Author

Mark N. Duvall Chemicals Regulation Attorney Beveridge & Diamond Washington, DC
Principal

Mark has over two decades of experience working in-house at large chemical companies. 

His focus is product regulation at the federal, state, and international levels across a wide range of programs, and occupational safety and health.

He leads the firm’s Chemicals group. His experience under the Toxic Substances Control Act (TSCA) includes enforcement actions, counseling, rulemaking, advocacy, and legislative actions. Since the enactment of TSCA amendments in 2016, he has been heavily involved in advocacy, compliance activity, and litigation arising from EPA's implementation...

202-789-6090
Ryan J. Carra Environmental Attorney Beveridge & Diamond Washington, DC
Principal

A Ph.D. in Organic Chemistry compliments Ryan's law practice.

Ryan uses his extensive technical background to counsel clients in the chemicals, products, and energy sectors regarding environmental regulatory issues. Ryan’s experience includes:

  • Advising clients on Toxic Substances Control Act (TSCA) matters, including implementation of the 2016 reform legislation.
  • Advising product manufacturers, retailers, and other clients on extended producer responsibility, waste classification, chemical hazard classification, chemical notification requirements, and product materials restrictions both domestically and abroad.
  • Reviewing marketing materials and drafted internal guidance documents for companies seeking to ensure compliance with environmental marketing enforcement guidance around the globe, including the Federal Trade Commission’s Green Guides.
  • Negotiating with Environmental Protection Agency and Department of Justice officials on Clean Air Act Prevention of Significant Deterioration enforcement matters.
  • Briefing a National Environmental Policy Act matter in both federal district and appellate courts.
  • Working closely with federal regulators to draft environmental covenants containing complex land use restrictions.

SERVICE AREAS & INDUSTRIES

  • Chemicals
  • Chemicals Regulation
  • Product Stewardship, Global Supply Chains
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