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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.

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, which will take place 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 discussions, presentations on topics related to plastic recycling, 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