Long thought of as a quirky, obscure federal law with limited application to entities beyond manufacturers of pure or ‘neat’ chemicals, the Toxic Substances Control Act (TSCA) has new jurisdictional reach and relevance to the business community that are anything but ‘limited’ – and are only expanding. TSCA’s metamorphosis from an arcane federal law narrowly targeting chemical manufacturers to an ever-expanding, dynamic, and consequential federal product law with growing relevance to domestic and international product manufacturers marketing their products in the United States is profoundly important and must be understood by product innovators, investors, insurers, manufacturers, importers and exporters, and businesspeople of all stripes in the United States and beyond. Failure to understand TSCA’s broad and growing application to business entities could result in catastrophic business decisions and failed businesses.
Chemical Product Law and Supply Chain Stewardship: A Guide to New TSCA provides to the business community and others an understanding of TSCA so they can make informed and compliant business decisions. Businesspeople throughout today’s supply chain – not merely lawyers and compliance advisors – need to understand TSCA’s growing commercial relevance and application over chemicals and manufactured goods produced both domestically and abroad.
TSCA profoundly affects business decisions from choice of raw materials to whether a manufacturing operation should be located domestically or abroad, what materials and/or products can or should be imported, how to assess the compositional elements of a product, and much more. Chemical Product Law and Supply Chain Stewardship: A Guide to New TSCA answers these questions from a business transactions perspective rather than an academic or overly legalistic perspective.
This book provides a road map to the transformational changes in chemical product law. It identifies the practical business and product stewardship implications of the new normal in product regulation, explains the urgent need for supply chain awareness, and provides practical tips and tools to navigate the commercial chaos new TSCA and product regulation have invited.
Circa l’autore
Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the European Union Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation, and especially how these regulatory programs pertain to nanotechnology, industrial biotechnology, synthetic biology, and other emerging transformative technologies. Her knowledge of and involvement in the policy process allow her to develop client-focused strategies whether advocating before Congress, the U.S. Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), or other governance and standard-setting bodies.Ms. Bergeson counsels corporations, trade associations, and business consortia on a wide range of issues pertaining to chemical hazard, exposure and risk assessment, risk communication, minimizing legal liability, and evolving regulatory and policy matters pertinent to conventional, biobased, and nanoscale chemicals, particularly with respect to TSCA, FIFRA, the Food Quality Protection Act (FQPA), REACH and REACH-like programs, and Occupational Safety and Health Administration (OSHA) matters.Ms. Bergeson served as chair of the American Bar Association (ABA) Section of Environment, Energy, and Resources and currently serves as chair of the International Bar Association (IBA) Agriculture and Food Section. She has served on the Board of Directors of the Environmental Law Institute (ELI), the Nano Business Commercialization Association, and is immediate past President of the Product Stewardship Society. Ms. Bergeson is a Fellow of the American College of Environmental Lawyers (ACOEL) and serves as a Regent and on its Executive Committee. She lectures and writes frequently on legal, regulatory, and science policy issues. Ms. Bergeson is also President of The Acta Group (Acta®), B&C’s scientific and regulatory consulting arm, which assists chemical and product manufacturers in marketing and sustaining their products globally, and President of B&C® Consortia Management, L.L.C., which helps the chemical industry leverage resources and maximize impact by forming consortia to achieve shared research, testing, regulatory, and access goals.According to the Chambers USA Guide: “The universally highly regarded Lynn Bergeson of Bergeson & Campbell, P.C. has developed an enviable reputation in chemical and pesticide regulatory work, with particular expertise in nanotechnology. “She is probably the premier pesticide lawyer in DC, ” notes one impressed commentator. Peers predict that she is set to become “one of the most important lawyers in America.””
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