Toy Safety & the Toxic Chemicals Safety Act of 2010

On April 15, 2010, new legislation was proposed to amend the 1976 Toxic Substances Control Act (TSCA) to enhance the federal regulation of chemicals.

House Energy and Commerce Chairman Henry Waxman (D-CA) and Representative Bobby Rush (D-Ill.) announced a draft proposal for the House and Senator Frank Lautenberg (D-NJ) announced companion legislation for the Senate.

The proposed legislation clearly has serious ramifications for the toy industry. The Toy Industry Association Institute (TIA) responded with a statement explaining its support for "a federal approach to chemical regulation and supports TSCA reform that is based on sound science and risk assessment," while offering certain criticisms, including concern that a preemption provision would allow various states to adopt their own regulations, which could lead to "a patchwork of state laws that would make it difficult for companies to bring products to the marketplace."

Among the changes in the proposed new legislation:

● It proposes to strengthen the EPA’s authority to compel testing by the chemical industry.

● It proposes to require manufacturers, prior to manufacturing, to provide data concerning the safety of new chemicals, or new uses of existing chemicals, that could pose risks to health or the environment. (The existing TSCA requires the federal government to show chemicals are harmful before manufacturers may be prohibited from using them.)

● It would establish a Children’s Environmental Health Research Program to further the understanding of the vulnerability of children to chemical substances and mixtures.

● It would establish a program to create market incentives for the development of safer alternatives to existing chemical substances and mixtures in order to reduce or avoid using or generating hazardous substances.

● It would require the EPA to cooperate in international efforts.

A section by section analysis of the proposed Act is available here.