For years, EPA has asserted broad authority to regulate products that are labeled or marketed with express or implied pesticidal (including antimicrobial) claims. During the current pandemic, that authority has been...more
Citing difficulties experienced by numerous submitters using EPA’s online reporting portal, the agency has extended the TSCA Chemical Data Reporting (CDR) deadline for two months....more
As part of the agency’s ongoing response to the coronavirus pandemic, EPA has issued new interim guidance outlining the path for expedited approval of products that demonstrate the ability to provide durable residual...more
With so much great content from Monday’s annual Prop 65 Clearinghouse Conference, here is a follow up post highlighting some of the compliance tips shared by panelists:
• Compliance Tip #1: TEST your products … but how much...more
(Virtually) Live from San Francisco, Kelley Green Law Blog is reporting today from the Prop 65 Clearinghouse 2020 Conference …. the largest annual assemblage dedicated to the legal niche that is California’s “Proposition 65.”...more
Yesterday, EPA announced that it has issued the first ever emergency use exemption for a “long-lasting” anti-viral coating. The exemption was granted upon request by the state of Texas to permit use of the coating at...more
California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed regulations to limit the rash of Proposition 65 actions alleging failure to provide a warning for exposure to acrylamide in food items as a...more
Earlier today, U.S. EPA officially added 172 specific per- and poly-fluoroalkyl substances (PFAS) to the list of chemicals reportable each year under the Toxic Release Inventory (TRI) program. With annual TRI reports due...more
Amid the flurry of products making coronavirus-related claims, some without legal approval or scientific support, one class of products raises unique questions: so-called “pesticide devices,” like ozone generators and...more
Yesterday, EPA issued another in a series of recent advisories aiming to clarify for consumers and companies what they need to know about disinfectant products claiming to kill the coronavirus. EPA is actively investigating...more
The U.S. Environmental Protection Agency (EPA) is focusing substantial enforcement attention on the internet sale of pesticide products marketed with anti-viral claims, particularly those with claims related to coronavirus...more
The U.S. Environmental Protection Agency (EPA) continues to expand the number of surface disinfectants approved for use against coronavirus, announcing the addition of 70 new products to the agency’s “List N: Disinfectants...more
The many U.S. companies that combust natural gas as part of their operations received good news today, as EPA announced that it will amend the Toxic Substances Control Act (TSCA) “Fees Rule” to exclude from coverage...more
With the ongoing spread of the coronavirus, and as stories of hording Purell and antimicrobial wipes abound, this practitioner* has been inundated recently by questions — from clients, co-workers, family, and friends — about...more
With the ongoing spread of the coronavirus, and as stories of hording Purell and antimicrobial wipes abound, this practitioner has been inundated recently by questions — from clients, co-workers, family, and friends — about...more
After the election of President Trump, the U.S. Environmental Protection Agency (“EPA”) signaled that it would increasingly focus on improving compliance through mechanisms, including voluntary self-correction, that achieve...more
EPA has agreed to conduct a rulemaking regarding the establishment of regulations to address potential spills of hazardous substances similar to the existing “Spill Prevention, Countermeasure and Control” (SPCC) program for...more
On January 31st, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments aimed at clarifying certain provisions of the Proposition 65 warning regulations governing internet, electronic, and...more
In response to coronavirus cases now appearing in the U.S., yesterday, EPA announced that the agency has activated its Emerging Viral Pathogens Guidance for Antimicrobial Pesticides.
The voluntary guidance, issued in...more
On January 14, California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a final rule aimed at clarifying the regulations governing retailer and supply chain responsibility for providing warnings under...more
As of January 1, cleaning products sold in California must comply with the website disclosure requirements of the California Cleaning Product Right to Know Act of 2017. ...more
More than a quarter of pesticides used by U.S. farmers are banned in the European Union. Atrazine which the U.S. Environmental Protection Agency estimates to be the most widely used herbicide in the U.S., for instance, was...more
With the signature of Governor Andrew Cuomo last Friday, October 11 (not coincidentally also the United Nations’ “International Day of the Girl”), New York became the first state to require manufacturers of tampons and other...more
The New York Department of Environmental Conservation (NYDEC) is debating its next step after what would have been the nation’s first mandatory disclosure program for cleaning product ingredients was invalidated by a state...more
The California Office of Environmental Health Hazard Assessment (OEHHA), which administers Proposition 65, wasted no time in punching back at the U.S. Environmental Protection Agency (EPA), which declared, in an August 8...more