Chemicals Policy

IN THIS SECTION

Why We Need Chemical Policy Reform

What Michigan is Doing About It

Resources

Innovative State Legislation

International Chemicals Policy Initiatives

WHY WE NEED CHEMICAL POLICY REFORM

The U.S. chemical regulatory system is broken and fails to protect people, wildlife, and the environment from toxic chemical exposures. This outdated, 30-year-old system legally allows the use of highly toxic chemicals in consumer products and production processes. Some of these chemicals, including lead, mercury, arsenic, brominated flame retardants, phthalates, bisphenol A, and others are linked to serious human health and environmental impacts.

Prevention is the best solution. We know that we can help prevent health problems from asthma to cancer by eliminating the use of the most toxic chemicals. Prevention of unnecessary exposures to toxic substances in every day products will only happen with an overhaul of chemical policies.

WHAT MICHIGAN IS DOING ABOUT IT

National chemical policy reform is urgently needed, but Michigan and other states in the SAFER States coalition recognize that they cannot keep waiting for the federal government to protect human health and the environment from toxic threats.

States are taking leadership by adopting public policies to reduce the use of unnecessary, dangerous chemicals in everyday products to protect our health and the health of our children. Safer, affordable, and effective alternatives to many toxic chemicals are available right now. They can and should be substituted for those known or suspected to be hazardous.

In addition, new state and national chemical policies will contribute to the formation of a cleaner, greener — and stronger — economy.

RESOURCES

University of California
The principles of chemicals policy outlined in the following report, "Green Chemistry: Cornerstone to a Sustainable California," Center for Occupational and Environmental Health, 2008, highlight the need for a modern, comprehensive solution to pressing health, environmental and economic problems associated with California’s management of chemicals and products.

"Green Chemistry in California: A Framework for Leadership in Chemicals Policy and Innovation," Report to the California Legislature (2006) by the California Policy Resource Center. Please click on "Reports" for access to the 2008 and 2006 reports.

U.S. Government Accountability Office
"Chemical Regulation: Options Exist to Improve EPA's Ability to Assess Health Risks and Manage Its Chemical Review Program," U.S. General Accountability Office, June 13, 2005.

Critique of the U.S. Toxic Substances Control Act of 1976
"Chemicals, products, and regulatory failure: A prescription for greener chemistry and better public health," is an article by Dr. David Wallinga from the January 2008 edition of Minnesota Physician.

U.S. Congress
New national CPSC reform legislation recently passed by Congress (pdf)

INNOVATIVE STATE LEGISLATION

California
AB 1879 (pdf) - passed in September 2008 permits the California EPA Department of Toxic Substances Control to form regulations that allow for the identification and prioritization of certain chemicals.

SB 509 (pdf) - allows for an online database of chemicals for the purpose of informing consumers, as well as keeping the public updated about technical and substance-removal provisions of AB 1879.

AB 1108 (pdf) - prohibits the manufacture, sale, or distribution of certain toys or child care products if they contain phthalates in concentrations higher than 0.1% and requires manufacturers to use the least toxic alternatives to replace phthalates.

California Phthalate Toys Legislation (pdf)

Connecticut
HB 5650 and HB 5025 - passed in May 2008 requires state departments to identify harmful chemicals and potential replacements; allows Connecticut to join a multiple state clearinghouse for safe alternatives; lowers acceptable lead levels in children’s products to 300 ppm by July 2009 and 100 ppm by July 2011; and bans asbestos in products for children under 16.

Illinois
410 Ill. Comp. Stat. Ann. 45/1-45/17 - Illinois legislative amendment prohibits the addition of lead to surfaces children either occupy or may place in their mouths, including toys, jewelry, and furniture.

Maine
LD 2048 - legislation passed in April 2008 calls for the compilation of a list of harmful chemicals; allows the state government to share information with other states; and allows the state to phase out certain harmful chemicals when alternatives are available, effective, and affordable.

Maryland
HB 62 - legislation passed in 2008 prohibits the manufacture, sale, or distribution of specified lead-containing children’s products by any means, including via the Internet.

Michigan
SB 174, HB 4132, & HB 4399 - legislation passed at the end of 2007 reduces the allowable amount of lead in toys, lunchboxes, children’s jewelry, and childcare articles to 600 ppm. This limit applies to total lead.

Vermont
2008 Vt. Acts & Resolves 171 - legislation passed in 2008 restricts the sale of toys and childcare articles containing six phthalates, as well as requires the manufacturers to use the least toxic alternatives for the phthalates.

2008 Vt. Acts & Resolves 193 - legislation passed in 2008 prohibits the sale of any children’s product or jewelry containing lead. The legislation also requires the phase out of wheel weights containing lead; requires plumbing equipment, paints and primers, and building materials containing lead to bear warning labels; and prohibits the sale of solder or flux for plumbing that contains lead.

Washington
HB 2647 - Washington legislation passed in April 2008 limits the amount of lead in toys to 90 ppm (and later to 40 ppm, if possible); cadmium in toys to 40 ppm; six specific phthalates to 1,000 ppm in toys; and allow for future limits to be set regarding children’s toys, jewelry and cosmetics marketed to children under 12, products for teething babies, and children care seats made or sold in Washington. All sections take effect by July 2009, except the future lead reduction, which takes place by July 2010, if possible.

INTERNATIONAL CHEMICALS POLICY INITIATIVES

Europe
REACH (Registration, Evaluation and Authorization of CHemicals) is designed to be an integrated approach to the control of the production, import and use of chemicals in Europe. Summary of and links to Europe’s REACH chemical policy.

Canada
Chemicals regulation in Canada is mainly defined in the Canadian Environmental Protection Act. This act, which was passed in 1999, requires notification of 'New Chemicals', and outlines a process by which the regulator will review the properties of existing chemicals. Summary of and links to Canada’s chemical policy.