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The Council on Environmental Quality (CEQ) is set to release a new proposed rule further modifying the National Environmental Policy Act’s (NEPA) Implementing Regulations found in Title 40, Chapter Five of the Code of Federal Regulations (CFR).  This upcoming release is “Phase 2” of CEQ’s multi-phased approach to revising the NEPA regulations.  Although it is unclear exactly what effect the Phase 2 changes will have on Environmental Assessments for Food Contact Notifications (FCNs) submitted to the U.S.

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

The U.S. Food and Drug Administration (FDA) announced on July 11, 2022, that it has filed a food additive petition proposing that the food additive regulations be amended to remove or restrict authorization for the use of bisphenol A (BPA) in food contact applications.

On July 18, 2022, and annually thereafter, unless subject to an exemption, manufacturers of products that are subject to postconsumer recycled (PCR) content requirements that are sold or offered for sale in the state of New Jersey must register with the New Jersey Department of Environmental Protection (DEP) or apply for a two-year waiver. Covered products include the following:

On June 30, 2022, the U.S. Food and Drug Administration (FDA) released an updated list of draft and final guidance topics. These topics are a priority for the FDA Foods Program to complete during 2022.

Keller and Heckman Partner Rachel Bond will be a panelist at the Plastics Recycling World Expo, organized by Applied Market Information (AMI) from November 9-10, 2022, in Cleveland, Ohio. Rachel will participate in a panel discussion with industry leaders to explore extended producer responsibility (EPR) and other key current and future regulations impacting recycling in North America. The expo will feature additional industry debates, presentations on important plastic recycling topics, and exhibitors from major companies. 

California’s Office of Environmental Health Hazard Assessment (OEHHA) announced on May 20, 2022, that it will allow the Proposition 65 “short-form” warning rulemaking to expire and will start a new rulemaking in the next few weeks. Under the state’s Administrative Procedure Act, a rulemaking must be completed within one year of the original proposal.

Colorado Governor Jared Schutz Polis signed HB22-1345 into law on June 3, 2022. The new law, as previously reported, prohibits the sale or distribution of fiber-based food packaging and other products, such as fabric treatments, carpets, cosmetics, juvenile products, and textile furnishings, to which PFAS has been inten

LieAnn Van-Tull, an associate with the Food and Drug Packaging and Tobacco and E-Vapor practice groups at Keller and Heckman LLP, was sworn in as President-Elect of the Washington Bar Association, Inc. (WBA) on June 1, 2022, during its Annual Meeting and Conference at American University’s Washington College of Law. 

The U.S. Food and Drug Administration (FDA) is in the process of revising the default factors the Agency recommends using to estimate exposure to food contact substances (FCSs) in Food Contact Notifications (FCNs), including consumption factors (CFs) and food type distribution factors (fTs). In a June 8, 2022 presentation before the PLASTICS Industry Association, Dr.