Environmental Protection Agency (EPA) Administrator Lisa Jackson has urged Congress to pass sweeping legislative reform of the country’s chemical management law and announced plans to review the controversial food-packaging chemical bisphenol A and the perfluorinated chemicals used in nonstick cookware.

In a September 29, 2009, speech at the Commonwealth Club in San Francisco, Jackson claimed that the Toxic Substances Control Act (TSCA) has “fallen behind the industry it’s supposed to regulate. It’s been proven an inadequate tool for providing the protection against chemical risks that the public rightfully expects,” she said, declaring that as “more and more chemicals are found in our bodies and the environment, the public is understandably anxious and confused.”

Legislation to strengthen TSCA is expected to be introduced soon. The Obama administration has issued “Essential Principles for Reform of Chemicals Management Legislation,” to aid Congress during the legislative process. The six principles would give EPA the “mechanisms and authorities to expeditiously target chemicals of concern and promptly assess and regulate new and existing chemicals in commerce.”

While Congress considers new chemical-law legislation, EPA has identified an initial list of six chemicals for “possible risk management action” and plans to post a set of four action plans in December 2009 with additional chemical action plans in four-month intervals thereafter. See EPA Press Release, September 29, 2009.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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