Congressional Bans on Uses of Chemicals

Chemical risk management has traditionally been a function of the Executive Branch of government, primarily through the Environmental Protection Agency, Occupational Safety & Health Administration and Consumer Product Safety Commission. Congress has recently shown interest in legislating risk management. In the 110th Congress, the Consumer Product Safety Improvement Act (H.R. 4040) passed both houses of Congress and was signed into law. The bill bans the use of certain phthalates in children's products based solely on the perceived hazards of the substances and does not take into account the potential for a person to be exposed to amounts that could be harmful. Toxicologists are still debating key issues related to the toxicity of phthalates. NPRA urges caution against hazard-based approach in lieu of risk management. This type of approach is more akin to the European version of the Precautionary Principle.

Congress does not have the level of scientific expertise or support in matters of toxicology and chemical risk assessment to make fully informed decisions on specific chemicals. H.R. 4040 is just the first in what NPRA expects to be a series of Congressional actions relating to chemical risk managemen