Pesticides & Chemicals

Pesticides and chemicals are subject to numerous laws covering everything from import and production to reporting and disposal. Federal laws governing the substances have been on the books for decades — notably the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), the Toxic Substances Control Act (TSCA), the Occupational Safety and Health Act (OSHA), and the Emergency Planning and Community Right-to-Know Act (EPCRA). But states, too — including Maine and California — are increasingly adopting green chemistry laws that regulate the production and labeling of chemicals in consumer products.

McGuireWoods attorneys have handled many matters with issues related to the regulation of pesticides and chemicals, including:

  • FIFRA enforcement litigation, including cases involving
  • misbranding and adulteration of pesticides;
    • improper labeling and use;
    • plant-incorporated pesticides;
    • worker protection standards;
    • improper establishment and production registration;
    • antibacterial and antimicrobial products or devices;
    • stop sale, use or removal orders; and
    • import of pesticides or pesticide intermediates.
  • FIFRA counseling, including successful guidance to clients seeking to register a pesticidal device.
  • OSHA enforcement litigation, including cases involving alleged violations of
    • the Hazard Communication Standard
    • the Air Contaminants Standard or specific OSHA standards for asbestos, benzene, formaldehyde or other specific chemicals
    • the Process Safety Management Standard
  • Counseling and training on OSHA standards, including OSHA’s revision to align the Hazard Communication Standard with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS).
  • TSCA enforcement litigation and audit policy self-disclosures related to
    • chemical data reporting;
    • premanufacture notices for new chemical substances;
    • product safety;
    • substantial risk reporting;
    • chemical import and export; and
    • lead paint abatement.

In addition, together with our colleagues in McGuireWoods Consulting, we are monitoring the latest congressional efforts to reform TSCA through the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Meanwhile, through our office in London, we remain abreast of developments related to REACH, the European Commission’s law on Registration, Evaluation, Authorisation and Restriction of Chemical Substances, a 2006 law that imposes greater responsibility on industry to manage the risks from chemicals and to provide safety information on the substances.

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