Mark Kaster

Mark Kaster

Dorsey & Whitney LLP

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Latest Publications


Proposition 65 – New Requirements

Proposition 65 Update - 1. Ethylene Glycol Added as a Listed Chemical. The California Office of Environmental Health Hazard Assessment (OEHHA) has added Ethylene Glycol (ingested) (CAS No. 107-21-1) to the list of...more

6/19/2015 - OEHHA Proposition 65 Toxic Chemicals Warning Labels

Who Regulates Your Products

The Consumer Product Safety Act (15 United States Code Section 2052) defines the term “consumer product” as any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a...more

5/18/2015 - Administrative Authority Consumer Product Safety Act (CPSA) Consumer Product Safety Commission (CPSC) Regulatory Agencies


The controversy continues regarding changes to food labeling laws. In a proverbial nutshell, the issue is whether food products containing genetically modified organisms (GMOs) should include labels that disclose that the...more

4/23/2015 - Department of Agriculture Food Labeling Food Manufacturers Food Safety GMO Proposed Legislation

California Proposition 65 Update – A New Judicial Interpretation for the Defense of Proposition 65 Claims

In 1986, Californian’s adopted Proposition 65 (Prop 65). The law was intended to act as a labeling law to require a clear and reasonable warning to consumers about the presence of State-listed chemicals in consumer products...more

4/7/2015 - Beech-Nut Children's Products Proposition 65 Toxic Chemicals Warning Labels

OSHA Updates Reporting and Recordkeeping Rules

OSHA has updated its reporting and recordkeeping rules for employers. The key item to note is that all employers (regardless of size or number of employees) must now report serious workplace injuries involving hospitalization...more

10/15/2014 - Compliance OSHA Recordkeeping Requirements Reporting Requirements

EPA Requiring Best Practices at Construction Sites to Control Erosion

The EPA published a final rule on March 6th that clarifies the requirements for the construction industry to use best management practices (BMPs) to control stormwater and minimize soil erosion and pollutant discharges. The...more

3/12/2014 - Best Management Practices Construction Site EPA Erosion Final Rules

Vermont to Regulate More Flame Retardants

In 2009, Vermont enacted Act 61 (9 V.S.A. § 2971) limiting “brominated” flame retardants—sometimes called PBDEs—in certain consumer products. Concerns have been raised about these chemicals’ effects on the human nervous and...more

5/9/2013 - Children's Products Flame Retardant New Legislation

Did you know that EPA regulates residential wood heaters?

EPA regulates wood stoves with a firebox volume of less than 20 cubic feet, an air to fuel ratio of less than 35 to 1, a burn rate of less than 5 kg/hr and a total weight of less than 800. The New Source Performance Standard...more

5/3/2013 - EPA

Maryland Passes Law to Regulate Flame Retardant

Maryland this week pased House Bill 00. This bill prohibits a person from importing, selling, or offering for sale any child care product that contains more than one-tenth of 1% (by mass) of tris (2-chloroethyl) phosphate...more

5/3/2013 - Children's Products Consumer Product Safety Commission (CPSC) Flame Retardant Imports

CPSC Stopping More Imports

The CPSC continues to take steps to agressively enforce product safety compliance at U.S. ports. The agency reported that it stopped nearly three million units of consumer products that violated U.S. safety rules from...more

5/1/2013 - Children's Products Consumer Product Safety Commission (CPSC) Imports

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