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Wrap-Up of Federal and State Chemical Regulatory Developments, January 2021 | Bergeson & Campbell, P C

TSCA/FIFRA/TRI EPA Seeks Comments On Draft Compliance Guide Addressing Surface Coatings Under PFAS SNUR: On December 16, 2020, the U.S. Environmental Protection Agency (EPA) announced the availability of a draft compliance guide that outlines which imported articles are covered by EPA’s July 2020 final significant new use rule (SNUR) that prohibits companies from manufacturing, importing, processing, or using certain long-chain per- and polyfluoroalkyl substances (PFAS) without prior EPA review and approval. 85 Fed. Reg. 81466. The draft guide provides additional clarity on what is meant by a “surface coating,” identifies which entities are regulated, describes the activities that are required or prohibited, and summarizes the notification requirements of the final SNUR. More information on the draft compliance guide is available in our December 14, 2020, memorandum, “EPA Publishes Draft Compliance Guide Addressing Surface Coatings under PFAS SNUR.” Comments on the draft g

USDA proposes transitioning from FDA gene-editing livestock oversight

New proposed rule offers pathway for USDA, rather than FDA, to oversee regulatory framework for animal biotechnology. USDA is contemplating taking on regulatory oversight of food animals genetically modified for agricultural purposes. This was previously handled by the Food and Drug Administration who treated genomic modifications as drugs and created significant roadblocks for U.S. companies looking to blaze a path for future disease-resistant and nutritionally enhanced livestock species. In an advanced notice of proposed rulemaking, the Trump administration announced Dec. 21 its intention for USDA to have primary oversight over gene-edited livestock. Gene editing is seen by those in the industry as a promising new technology that can help farmers breed healthier, more resilient animals, and many within the industry have been asking for USDA to take on the regulatory oversight from FDA.

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