Senator Lautenberg Introduces Safe Chemicals Bill

U.S. Senator Frank R. Lautenberg (D-NJ) today introduced legislation to overhaul the Toxic Substances Control Act (TSCA) of 1976.

According to a press statement from Sen. Lautenberg’s office, the “‘Safe Chemicals Act of 2010’ requires safety testing of all industrial chemicals, and puts the burden on industry to prove that chemicals are safe in order stay on the market. Under current policy, the EPA can only call for safety testing after evidence surfaces demonstrating a chemical is dangerous. As a result, EPA has been able to require testing for just 200 of the more than 80,000 chemicals currently registered in the U.S. and has been able to ban only five dangerous substances. The new legislation will give EPA more power to regulate the use of dangerous chemicals and require manufacturers to submit information proving the safety of every chemical in production and any new chemical seeking to enter the market.”

Following the announcement, 16 associations—including the Consumer Specialty Products Association, the Personal Care Products Council (formerly CTFA) and Soap and Detergent Association—issued the following statement:

“Protecting public health by ensuring the safety of chemicals and the products they go into is a top priority for our industries. This should be a priority for any federal chemical regulatory reform effort as well. We agree with Senator Lautenberg that it is time to modernize the Toxic Substances Control Act (TSCA), and have been working with Congress, the Administration and stakeholders to enhance the way chemicals are managed

“We agree with certain concepts in the bill, such as: a risk-based approach to prioritizing chemicals for review, efforts to minimize animal testing and practical approaches to information and data development. We support a federal policy to regulate chemicals in commerce rather than a patchwork quilt of state laws that would make it difficult to bring products to the marketplace. However, preemption provisions in this proposal will allow states to adopt regulations that are not uniform. We are also concerned about the proposed standard for decision-making.

“Congressmen Henry Waxman and Bobby Rush have proposed a ‘discussion draft’ and an outreach process before introducing a formal bill in the U.S. House of Representatives. We look forward to participating with both Senate and House leaders in a transparent and meaningful discussion by all key stakeholder groups to ensure that TSCA reforms are based on sound science and protect the safety of all consumers, while promoting jobs and innovation,” the associations said.

Other associations filing the joint statement included the American Chemistry Council, Flexible Packaging Association, Fragrance Materials Association, Grocery Manufacturers Association and the U.S. Chamber of Commerce.