Chemicals Law (United States)

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As chemicals legislation or regulation of chemicals ( English regulation of chemicals ) referred to in United States law the right area, which is designed to protect human health and the environment from harmful chemicals.

Legal sources

The US legal situation is complex. There are different federal law standards depending on the area of ​​application and the amount of chemicals used

  • Toxic Substances Control Act (TSCA), implemented by the EPA
  • "Research and Development (R&D) Exemption" of the TSCA for substances that are only used in small quantities in research and development
  • " Federal Food, Drug, and Cosmetic Act " for food, pharmaceuticals, cosmetics and medical devices
  • "Insecticide, Fungicide, and Rodenticide Act" for pesticides
  • Requirements of the “Bureau of Alcohol, Tobacco, Firearms and Explosives” for tobacco and tobacco products
  • Requirements of the “Nuclear Regulatory Commission” for radioactive materials and waste

In addition, there are legal norms of numerous states, which often impose stricter conditions on producers, importers and distributors than US federal law.

Legal history

The regulation of chemicals is a young area of ​​law. Its development goes back to a study from 1971 as a result of several tragic incidents. An intense public debate about the increasing number of chemical substances and the lack of information about them finally led to the enactment of the Toxic Substances Control Act 1976. The aim was to ensure a fast and efficient registration and information system for chemicals compared to drug approval, which is viewed as an innovation-inhibiting drug.

literature

  • Pollution Control . In: American Jurisprudence . 2nd Edition. Vol. 61C. West, 1999, §§ 1670-1737.
  • Andrea Kuhn: REACH - the new European regulatory system for chemicals . Lexxion Verlag, Berlin 2010, ISBN 978-3-86965-131-6 , Chapter I BI - Chemicals Regulation in the United States (Berliner Stoffrechtliche Schriften Vol. 9).
  • Indra Spiecker called Döhmann : US chemical law in comparison . In: Hans-Werner Rengeling (Hrsg.): Transformation of German chemicals law through European chemicals policy. Ninth Osnabrück talks on German and European environmental law on 27./28. February 2003 . Cologne 2003, p. 151–198 ( Online [PDF; 253 kB ]).

Web links

Individual evidence

  1. ↑ United States Council on Environmental Quality: Toxic Substances . Washington 1971.