TSCA Amendment: Upcoming Inventory Rule

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On June 22, 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the Amendment), which amends the Toxic Substances Control Act (TSCA), was signed into law. Under this amendment, EPA was authorized, amongst other things, to evaluate its existing inventory of chemical substances on specific timelines. The proposed rule – the Inventory Rule –will require manufacturers to notify EPA of chemicals manufactured and processed in the past 10 years. EPA will use this information to update the TSCA inventory of chemical substances, and to determine which chemicals are active and still being manufactured and processed and which chemicals are “inactive” in commerce. The purpose of the update to the TSCA inventory is to better position the agency to set priorities for risk evaluations.

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DOC Solicits Industry Feedback for Regulatory Reform Plan

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Spurring growth in domestic manufacturing through regulatory reform is a key objective of the Trump Administration.  The Department of Commerce is tasked with developing the Regulatory Reform Plan.  In order to achieve meaningful regulatory reform, the Department is reaching out to manufacturers for real-world information on regulatory burdens.  On March 7, 2017, the Department of Commerce announced it is seeking information from manufacturers on regulatory burdens and recommendations to change the current system.  82 Fed. Reg. 12786.

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Don’t Be Inconspicuous: Disclaiming the Implied Warranty of Merchantability

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Some of the most important terms in any contract for the sale of goods are the warranties that apply to the goods.  In addition to any express warranties made by the seller, the law implies certain warranties in some contracts unless the seller expressly disclaims them, which may be trickier than expected.  One such warranty—the implied warranty of merchantability—applies in all sales of goods by a “merchant” with respect to the goods.  (Courts broadly interpret the term “merchant.”)  In such sales, section 2-314 of the Uniform Commercial Code (“UCC”) provides that the seller impliedly warrants that the goods are “merchantable.”  That concept could affect, for example, the number of allowable improperly stitched T-shirts in a batch or the required tensile strength of a polymer. As a result, manufacturers often want to exclude or disclaim the implied warranty of merchantability in favor of specific warranties or representations made in the sales contract or purchase agreement.  But, excluding the implied warranty of merchantability requires more than a standard provision stating that the seller makes no warranties other than those set forth in the agreement.

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Sustainability Reporting Trends in the New Year – ’16 going on ‘17

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If you’re feeling uncertain or confused about the future of sustainability reporting in the United States, you’re not alone. With the business world’s adoption of sustainability reports moving full steam ahead—and increasing hunger for such information and transparency from global consumers and investors—the new Trump administration is going in a completely different direction. This blog explores the current state of sustainability reporting and an exploration of recent U.S. political developments that have changed the conversation. Continue reading this entry

Happy Holidays!

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Thank you for subscribing, reading and being part of our blog community in 2016. We wish you a happy holiday season and a new year filled with continued success.

– The Manufacturing Industry Advisor Team

Look for our next post in January 2017.