Broad Scope and Impact of California “Green Chemistry” Regulations

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New draft “Green Chemistry” regulations released by California’s Department of Toxic Substances Control are expected to impose substantial requirements on manufacturers, importers and retailers nationwide of a number of consumer products distributed in California.

California recently released an updated draft of its “Green Chemistry” regulations, which, if finalized, would apply to approximately 3,000 chemicals and impose new requirements on manufacturers, importers and retailers of a number of consumer products. In addition to affecting the regulation of toxic chemicals in California, these draft regulations could impact reform of the federal Toxic Substances Control Act (TSCA). As previously discussed in TSCA Reform in the House & Senate: Extending EPA’s REACH, bills were introduced in the U.S. Senate and House of Representatives in April 2010 and July 2010, respectively, which proposed to amend TSCA, the statute that authorizes the U.S. Environmental Protection Agency (EPA) to regulate the safety of a broader range of chemicals distributed in commerce.

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