“Inactive” vs “Active”, a Small Change Means BIG Revisions

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Signed into law June 22, 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act amended the existing Toxic Substances Control Act (TSCA), the Nation’s primary chemicals management law.  Among the many amendments, a provision was established that is being referred to as an “inventory reset.”

How will the TSCA Inventory Reset impact your products?

As you know, with few exceptions, no chemical substance can be manufactured or imported in the US unless it is listed on the TSCA inventory.  The initial inventory list of 80,000+ chemicals was created in the 1970’s and includes a number of chemicals that are no longer manufactured or imported.  In an effort to “modernize”, the law seeks to split the current inventory list into two: active substances and inactive substances.  Simply put, the TSCA defines “active” as having been manufactured or imported in the last ten years, and “inactive” would apply to substances before that time.

What does this mean for your company?

Companies complying with the modernized labeling will effectively result in “resetting” their inventory.  Environmental Protection Agency (EPA) will require that companies update ALL of their affected product literature, such as Safety Data Sheets, Product Data Bulletins, Technical Data Sheets, etc., to differentiate whether each substance is listed on the “active” or “inactive” TSCA inventory list. This seemingly small change could potentially affect 1,000s of documents for a single manufacturer. 

EPA has until June 2017 to finalize its list of chemical substances to be placed on either the new “active” and “inactive” list. Until then, it is recommended that manufacturers and importers plan for change, by recognizing that a sizable amount of documentation may require revision as a result of the new Inventory Reset rule. Essentially, once the new “active” vs “inactive” list is completed, your product information may be out-of-date and you could face enforcement actions or fines from EPA if you do not update your product literature in a timely manner.

Need more information or guidance on how the amended TSCA impacts your company?

Global Safety Management (GSM) is closely monitoring the Toxic Substances Control Act changes and our GSM specialists are prepared to discuss the updated regulations and what their impact means for your company.  We offer a range of affordable Regulatory Consultation Packages to provide the best investment for clients who need reliable, timely updates and/or assistance with meeting regulatory registration.  While it is the customer’s discretion on how to use the Regulatory Consultation information, the materials received, including the citations, save countless man hours of research and interpretation.  Contact us at 844-GSM-INFO to inquire about the packages available for your company.