Thursday, January 27, 2011

State Legislators Announce Chemical Safety Laws

Back in December, Science News & Views discussed how the delay in chemical regulation reform, primarily TSCA, due to the shift in power in House of Representative could result in numerous different state regulations. Less than two months after that discussion, a press release by the non-profit organization, Safer Chemicals Healthy Families, announced the introduction of new chemical regulations by 30 states and the District of Columbia in response to the sudden governmental roadblock.

As discussed in the press release, nine states will introduce general chemical regulation state policies, approximately 17 states will announce restrictions or bans on bisphenol a in certain products, 8 states will introduce policies to ban cadmium in children’s products, 3 states will announce policies to reduce exposure to decabromodiphenyl ethers, and 11 states will be calling on Congress to overhaul the federal chemicals policy and TSCA.

State chemical regulation is nothing new. Over 70 chemical regulations have been passed in 18 states, ranging from laws concerning the ban of bisphenol A in consumer products to the concentration of contaminates in drinking water. When there is a deficit in federal chemical regulation in response to new science and emerging contaminants, States will fill in the gaps themselves. However, many of the State laws or guidelines are directly in response to public perception of the risks, despite if the science establishes that a risk actually exists.

The existence of laws concerning the same chemical or contaminant in different states makes it very difficult for industries with nationwide production to properly comply. Federal laws are needed to create uniform chemical regulation, which would decrease compliance confusion and create more realistic guidelines based on science and not perceived risk. The first step in more unified chemical regulation would be the overhaul and revision of TSCA. Hopefully, Congress will take note of the sudden influx of state chemical regulations and take chemical regulation reform off the back-burner and allow it to move forward.

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