Governor Baldacci's Task Force to Promote Safer Chemicals in Consumer Products
Final Report
December 2007
Executive Summary: Key Conclusions
There is inadequate federal regulation to assure that consumer products are safe.
The 1976 federal Toxic Substances and Control Act (ToSCA) was intended to provide a framework for federal regulation of chemicals found to present an unreasonable risk of injury to health or the environment. It was meant to encourage industry to develop adequate data with respect to the effect of chemical substances and mixtures on health and the environment.
The Task Force to Promote Safer Chemicals in Consumer Products agrees with the U.S. Government Accountability Office (GAO) and others that ToSCA does not provide sufficient chemical safety data for public use by consumers, businesses and workers; is inadequate to ensure the safety of chemicals in commerce in the United States; and fails to create incentives to develop safer alternatives. Even considering ToSCA combined with the federal Occupational Safety and Health Act (OSHA), federal regulation fails to provide health and ecotoxicity information regarding the safety of chemicals that have the potential to harm workers and the public at large.
Key Recommendations
Comprehensive Chemicals Policy
- Adopt and publicize a list of chemicals of high and moderate concern,
based on inherent properties of concern (such as toxicity, persistence or
bioaccumulation), identified on previously published lists by authoritative
government or scientific bodies;
- Establish the authority to require consumer product manufacturers to
report which chemicals of high and moderate concern are present in
their products, in what amounts and for what purpose;
- Develop a publicly accessible (web-based) database of readily available
information that informs consumers about: the chemicals of high concern
identified by the state; which products contain such chemicals; and
actions consumers can take to purchase safer alternatives or reduce
exposure; and
- Establish the authority to restrict the use of chemicals of high concern
in consumer products when safer alternatives are available, effective
and affordable.
Expanded Consumer and Retailer Education
- Secure adequate funding for Board of Pesticides Control for education
and outreach, pesticide use tracking, and compliance visits (with mandated
IPM requirements) to educational, governmental, commercial
and institutional operations
- Expand the amount of information available on MSDS that are provided
to state. county, and municipal organizations under the existing authority
of the Board of Occupational Safety & Health.
Maine Innovation Economy Advisory Board
With the State, consider supporting expanded efforts of the University of
Maine System and private industry to become leaders in the field of Green
Chemistry and the emerging potential of bio-based products.
There are real concerns regarding pesticides found in consumer products.
Pesticide products are registered by the EPA for use in the U.S. under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) of 1972, and there are additional requirements for pesticide safety testing and risk assessment under the 1996 Food Quality Protection Act. Nonetheless, shortcomings in the pesticide regulatory process still remain. There are flaws in the testing process for pesticide approval, and not all pesticide-related consumer products are regulated under FIFRA. Furthermore, pesticides must be used exactly as directed on the label in order to prevent unintended human and environmental exposure. Instructions for use, storage and disposal on many product labels are difficult to read and understand, and they are printed in very small type. Improvements in pesticide label requirements are needed.
The health costs of toxic chemicals in consumer products are significant.
Toxic chemicals in consumer products present significant risk of adverse health consequences ranging from subtle cognitive development to chronic disease and premature death. The Task Force concludes that substantial human and societal costs of disability, birth defects and disease, including health care, educational and employment-related costs, may be attributable to increasing exposures to toxic chemicals. Reducing or eliminating exposures to these chemicals by shifting to use of safer alternatives may significantly reduce these costs.
Businesses want and need better information on the health impacts of chemicals in their workplace and in their products to help them create more sustainable workplaces and safer products.
Lack of comprehensive and standardized information on the toxicity and ecotoxicity of most chemicals has presented challenges for companies that have developed profitable lines of safer consumer products. Material Safety Data Sheets (MSDS) are the most common available source of chemical information. The primary purpose of an MSDS is to communicate hazards and protective measures to workers, but, in the absence of alternative resources, an MSDS also serves as a major source of information for businesses wishing to produce safer products and institute safer processes. For consumers, an MSDS can provide information on products. Efforts to improve MSDS would benefit many sectors.
The State of Maine leads by example: “environmentally preferable” is also proving effective and affordable.
Maine’s government agencies are playing a leadership role through purchasing and using safer chemicals in product areas that are commonly used by consumers. These practices have produced cost savings and improved performance. The State should continue to purchase additional environmentally preferable products.
Growing markets for safer products will encourage innovation and provide economic opportunity for Maine.
Technological innovation is one of the keys to both the development of safer alternatives to toxic chemicals and to allowing our companies to maximize the value of Maine’s rich natural resource base. Green Chemistry, including the development of bio-based products from Maine agricultural and forest resources, offers the potential for substantial economic growth and job expansion in this state. This innovative
technology will supply a demand that
already exists on the part of successful
Maine businesses committed to sustainable
materials, processes, and products.
Becoming preeminent in the field of
Green Chemistry is a natural for this
state and its businesses.
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