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The U.S. Food and Drug Administration (FDA) recently added seven new substances to its Inventory of Effective Food Contact Substances (FCS) Notifications. The newly listed substances and the manufacturers are listed below.

One of the requirements imposed by Maine’s Act to Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution, which has now been incorporated into 38 M.R.S. §1614, is manufacturers of products with intentionally added per- and polyfluoroalkyl substances (PFAS) must report the presence of PFAS in those products to the Department of Environmental Protection (the Department) beginning January 1, 2023.

U.S. states continue to introduce legislation that would ban food packaging with intentionally added per- and polyfluoroalkyl substances (PFAS). Two state legislatures that recently introduced bills impacting food packaging containing PFAS are New Jersey and Pennsylvania. (For more information on laws in other states on this topic, see the Packaginglaw.com article, Navigating U.S.

Pre-checkout bags, to include plastic bags for produce, will be banned in California effective January 1, 2025, unless they are compostable or are recycled paper bags. The legislation, SB-1046, amended Section 42357 and added Section 24481.2 to the California Public Resources Code. These sections relate to solid waste.

California’s Office of Environmental Health Hazard Assessment (OEHHA) announced that it intends to list antimony (trivalent compounds) as a carcinogen under Proposition 65 pursuant to the “Labor Code” listing mechanism. The Labor Code listing is based on the International Agency for Research on Cancer (IARC) conclusion that antimony (trivalent compounds) is “probably carcinogenic to humans” (Group 2A).

On May 20, 2022, the U.S. Food and Drug Administration (FDA) published a request for information on the use and safety data of eight phthalates authorized for use as plasticizers, with a deadline of July 19, 2022 to submit comments.

California's Office of Environmental Health Hazard Assessment (OEHHA) published a notice of proposed rulemaking on August 26 that would establish a Proposition 65 No Significant Risk Level (NSRL) for antimony trioxide. OEHHA's proposal would set the NSRL for antimony trioxide at 0.13 micrograms per day.

The U.S. House of Representatives will consider legislation to increase recycling accessibility in communities and improve recycling data collection when summer recess ends this month. The Recycling and Composting Accountability Act (RCAA), S.3743, would identify challenges, improve data collection, and determine best practices with respect to recycling and composting in America.

Washington State’s Department of Ecology (DoE) has released Preliminary Draft Rule Language for a potential new chapter in the Washington Administrative Code on restriction and reporting requirements established during the first implementation cycle of the state’s Safer Products Program.