USA Reach Regulation for Various Sectors

The Toxic Substances Control Act (TSCA) regulates the manufacture, import, and use of chemical substances in the US. The Act was originally enacted in 1976. The purpose of TSCA is to regulate the manufacture, importation, processing, distribution, and use of chemicals and chemical substances in order to protect human health and the environment from unreasonable risks. TSCA addresses the production, implementation, use, and disposal of specific chemicals including polychlorinated biphenyls (PCBs), asbestos, radon, and lead-based paint. TSCA applies to all chemical substances produced or imported into the United States.

In June 2016, the Frank R. Lautenberg Chemical Safety for the 21^st Century Act (Lautenberg Chemical Safety Act, LSCA) was signed into law and TSCA was thereby amended. The LSCA is more commonly known as New TSCA. New TSCA include several changes impacting companies that manufacture, import, or process substances in the USA, including review of Pre-Manufacture Notices (PMNs) for new chemicals, review of existing chemicals, testing, confidentiality claims, fees, and relationship between TSCA and other US federal and state law.

New TSCA revised Section 4 to grant additional authority to the EPA to require the development of new information relating to a chemical substance. Additionally, New TSCA expanded the situations under which the EPA is required to take action against chemicals presenting significant risks. Importantly, under New TSCA, the EPA may not consider non-risk factors (such as cost) in determining whether a risk is unreasonable.

Regulation of New Chemicals

New TSCA strengthened the existing Section 5 process. The law now requires manufacturers and processers to submit Pre-Manufacture Notices (PMNs) to EPA at least 90 days before beginning to manufacture or process a new chemical substance.

The following substances are excluded from PMN reporting under certain conditions:

• Naturally occurring materials

• Products of incidental reactions

• Products of end-use reactions

• Mixtures (but not mixture components)

• Impurities

• By-products

• Substances manufactured solely for export

• Non-isolated intermediates

• Substances formed during the manufacture of an article

For chemical substances that have been subject to a PMN Significant New Use Rules (SNURs) are issued by the EPA under TSCA. The SNURs require persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that is designated as a significant new use by this rule to submit a Significant New Use Notice (SNUN) to the EPA at least 90 days before commencing that activity. The EPA must then review all new chemicals and significant new uses, decide, and take required action during that 90-day window. During its review process, the EPA is prohibited from considering costs or other non-risk factors.

 Flowchart for determining whether a submission is required for a chemical substance.

Confidential Business Information

TSCA has various provisions relating to the submission and protection of Confidential Business Information (CBI). Currently, CBI claims are asserted according to TSCA section 14 and existing TSCA rule requirement for certain reporting requirements. The 2016 amendment to TSCA brought significant changes to Section 14 regarding CBI. The amended TSCA provides new requirements relating to the assertion, substantiation, and review of CBI claims.

In May 2022, the EPA proposed new and amended requirements considering confidential claims. The consultation closed in November. The proposed rule would consolidate all TSCA CBI claim assertations and review procedures in the TSCA rules.

Information Exempt from CBI Reporting

TSCA section 14(c)(2) identifies certain information that is generally not subject to substantiation requirements.  This information includes:

• Specific information describing the processes used in manufacture or processing of a chemical substance, mixture, or article.

• Marketing and sales information

• Information identifying a supplier or customer.

• In the case of a mixture, details of the full composition of the mixture and the respective percentages of constituents.

• Specific information regarding the use, function, or application of a chemical substance or mixture in a process, mixture, or article.

• Specific production or import volumes of the manufacturer or processor.

• Prior to the date on which a chemical substance is first offered for commercial distribution, the specific chemical identity of the chemical substance, including the chemical name, molecular formula, Chemical Abstracts Service number, and other information that would identify the specific chemical substance, if the specific chemical identity was claimed as confidential at the time it was submitted in a notice under TSCA  5.

In the section 14 of TSCA, the EPA requires more substantiation of CBI. Unless otherwise substantiated, CBI claims will sunset after ten years. Section 14 also broadens the categories of who may access TSCA CBI. The EPA has to review the initial CBI claims within 90 days and requests for CBI extensions within 30 days. The EPA also has to provide written statement of reasons if the claim is denied.

TSCA gives the Environmental Protection Agency (EPA) authority to issue regulations designed to gather health/safety and exposure information on, require testing of, and control exposure to individual chemical substances, chemical mixtures, and articles. This may apply to new chemical substances or existing chemical substances for which new uses are being pursued. All manufacturers of chemical substances and mixtures in the United States must comply with the specific requirements of TSCA before the substances can be distributed for research or consumer use.

The EPA is required under TSCA as amended by the LSCA to make information publicly available and to publish information in the Federal Register concerning submissions under TSCA Section 5. This includes notice of receipt of Pre-Manufacture Notices (PMNs), Significant New Use Notices (SNUNs), applications for test marketing exemption (TME) both pending and/or concluded, Notices of Commencement (NOC) of manufacture (including import) for new chemical substances, and a periodic status report on new chemical substances that are currently under EPA review or have recently concluded review.

The Toxic Substance Control Act (TSCA) Chemical Substance Inventory contains a list of existing chemical substances that are manufactured or processed in the United States. The Inventory is compiled, kept current and, published by the Environmental Protections Agency (EPA) as required by Section 8 (b) of the TSCA. The Inventory was first published in 1979 and a second version containing approximately 62,000 substances was published in 1982. The Inventory published in 1979 was submitted by manufacturers, processors, and importers between January and May 1978. The current list, updated in February 2023, contains 86,685 chemical substances. There are two sections on the TSCA inventory: a public section and a confidential section. Only the public part is searchable. There are two options to access the TSCA Inventory. One can download the latest TSCA Inventory in a CSV file or search the TSCA Inventory online by using EPA's Substance Registry Services.

The TSCA Regulation defines a chemical substance as any organic or inorganic substance of a particular molecular identity, including any combination of these substances occurring in whole or in part because of a chemical reaction or occurring in nature, and any element or un-combined radical. In other words, the chemical substances on the Inventory include:

• Organic substances

• Inorganic substances

• Polymers

• Chemical substances of unknown origin or variable composition

• Complex reaction products

• Biological materials (UVCBs)

The chemical substances not on the Inventory are those with uses not regulated under TSCA. The use of these chemical substances is governed by other U.S. statutes. Examples of substances not regulated by TSCA are:

• Tobacco and certain tobacco products

• Nuclear materials

• Munitions

• Food and food additives

• Drugs

• Cosmetics

• Pesticides

Substances listed on the Inventory are considered existing chemicals and substances that are not on the Inventory are considered new chemical substances. Furthermore, substance on the Inventory may also have ‘flags’ which indicate that they are subject to manufacturing or use restrictions.

In order for chemicals to be added to the TSCA Inventory, the company must submit a Pre-Manufacture Notice (PMN). After the PMN review has been completed, the company must then provide a Notice of Commencement of Manufacture or Import (NOC) to EPA within 30 calendar days of the date the substance is first manufactured or imported for non-exempt commercial purposes. When the complete NOC is received by the Environmental Protection Agency (EPA) the reported substance enters the Inventory and becomes and ‘existing chemical’. The TSCA Inventory is regularly updated since the EPA receives approximately 400 NOCs yearly.

Substances reported through exemption submissions and exempt uses that are not subject to reporting do not require an NOC and are not added to the Inventory. Examples include:

• Low Volume Exemptions (LVEs): Chemicals manufactured at 10 TPA or less

• Low Release/Low Exposure Exemptions (LoREXs): New chemical substances with low environmental releases and low exposure to humans

• Test Market Exemptions (TMEs)

• Substances used for research and development (R&D)

• Polymers that meet the 1995 Polymer Exemption Rule Amendments

All businesses that are manufacturing, distributing, or importing goods in the US are within the scope of the TSCA Regulation. Additionally, those that sell materials to companies that operate in the US are affected by TSCA.

The first step for a manufacturer/importer is to check if the substance is listed on the TSCA Inventory of Chemical Substances. A substance that is not listed on the TSCA Inventory will be regarded as a new chemical substance and be subject to a Pre-Manufacture Notice (PMN) requirement prior to its import.

The second step is to check if the substance is subject to the Significant New Use Rules (SNURs) requirements under TSCA. Substances that are subject to SNUR requirements are designated as such by an "S" flag in the TSCA Inventory listing. If a chemical substance is subject to a SNUR and the intended manufacture, processing, or use of the substance is a significant new use, the manufacturer will be required to submit a Significant New Use Notice (SNUN) 90 days prior to the manufacture of that substance.

The third step is to check if the products comply with TSCA restriction requirements on Polychlorinated Biphenyls (PCBs) and Asbestos.

New Chemical Substance Requirements

Section 5(a)(1)(A) of TSCA states that no person shall manufacture a new chemical substance (defined as a chemical not on the TSCA Inventory) unless the person submits written notice in the form of a PMN to the EPA at least 90-days in advance or qualifies for one of several exemptions. The data required for the submission of a PMN are as follows:

• Chemical identity, structure, and formula

• Process diagram and description

• Production volume

• Byproducts and impurities

• Intended use

• Environmental release

• Disposal practices 

• Human exposure

The US EPA also requires the following information be submitted with the PMN:

• All existing health and environmental data in the possession of the submitter, parent company, or affiliates

• A description of any existing data known to or reasonably ascertainable by the submitter.

If the identity of some reactants for the synthesis of the substance, or of the substance itself, is unknown to the manufacturer, a letter of support can be used to provide the Agency with full identity information. The PMNs must be submitted to the EPA using the electronic PMN software (e‑PMN).

Import of New Chemicals and New Uses Chemicals

Section 3(9) of the New TSCA Regulation defines the term manufacture as to import, produce, or manufacture. Therefore the requirements described for new chemical substances above (PMN and SNUN) also applies to the import of new chemicals.

TSCA Requirements for Import

The requirements for importing chemical substances, mixtures, or articles that contain a chemical substance are describe in Section 13 of TSCA and in implementing regulations developed by the US Customs and Border Protection (CBP). Importers are required to certify that the chemical substances or mixtures are either subject to TSCA and complies with all applicable rules (positive certification) or is not subject to TSCA (negative certification). No certification is required for chemicals that are a part of articles unless it is required by a specific rule under TSCA or for tobacco and tobacco products. A certification must be signed and filed electronically or in writing with the CBP by the importer or an authorized agent of the importer. A certification must also include the certifier's name, email address, and telephone number. Certification is required for substances that are imported and are received by mail or commercial carrier, including those intended for research and development.

Positive Certification Statement

An example of a positive certification statement could be: “I certify that all chemical substances in this shipment comply with all applicable rules or orders under TSCA and that I am not offering a chemical substance for entry in violation of TSCA or any applicable rule or order under TSCA.” A positive certification means that the chemical substance complies with all applicable TSCA regulations, including:

• Section 5: Pre-Manufacture Notification (PMN) rules

• Section 5: Significant New Use Rules (SNURs)

• Section 5(e): Orders

• Section 5(f): Rules and orders

• Section 6: Rules and orders

• Section 7: Judicial actions

• Title IV: Rules and orders

  1.  

Negative Certification Statement

An example of a negative certification statement could be: “I certify that all chemicals in this shipment are not subject to TSCA.” A negative certification statement is relevant for substances that could be found in the list of substances excluded from TCSA or substances that are not in the TSCA Inventory. A negative certification is required for the following products when not clearly identified:

• Any pesticide

• Any food, food additive, drug, cosmetic, or device

• Source material, special nuclear material, or by-product material

• Firearms and ammunitions as defined in Section 3 of TSCA

Note that these products may be considered clearly identified when they are associated with another relevant agency’s entry documentation or electronic entry filing requirements (e.g. Notice of Arrival for pesticides or applicable entry documentation for products regulated by the Food and Drugs Administration (FDA).

The table below provides a list of fees under TSCA adjusted on 1 January 2022. The EPA is providing a reduction of approximately 80% of the TSCA administration fees to submitters who qualify as small businesses. Small business fees are only applicable to qualifying small businesses who are either not associated with a consortium or associated with an all-small business consortium. A company may qualify for a ‘small business concern’ discount if their total number of employees is at or below the maximum allowed in the final rule for that company's North American Industry Classification System (NAICS) code. In order for an entity to qualify as a ‘small business concern’, the company’s revenue or number of employees shall not exceed the size standard for the applicable industry.

Fees under TSCA

Penalties issued by the EPA for violations of the TSCA are summarised in the table below.

Penalties for non-compliance under EPA

In the USA, medical devices are regulated by the Food and Drug Administration (FDA) with an aim to ensure safety and effectiveness of the devices. The Center for Devices and Radiological Health (CDRH) is an FDA component and looks after this program. The federal agency responsible for regulating medical devices is the Food and Drug Administration (FDA)—an agency within the Department of Health and Human Services (HHS). FDA’s Center for Devices and Radiological Health (CDRH) is primarily responsible for medical device premarket review. Another center, the Center for Biologics Evaluation and Research (CBER), regulates devices associated with blood collection and processing procedures, cellular products and tissues.  

FDA's legal authority to regulate both medical devices and electronic radiation-emitting products is the Federal Food Drug & Cosmetic Act (FD&C Act). The FD&C Act contains provisions, that is, regulatory requirements, that define FDA's level of control over these products. To fulfil the provisions of the FD&C Act that apply to medical devices and radiation-emitting products, FDA develops, publishes and implements regulations.

• Federal Register (FR) 

• The FR is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents. 

• Proposed rules are initially published in the Federal Register for public comment and subsequently published in the Code of Federal Regulations after the rule is final. 

• Final regulations published in the FR are subsequently placed or codified into the printed edition of the Code of Federal Regulations (CFR) on an annual basis. 

• The recently published FR's on the Regulations.gov web page. 

• Code of Federal Regulations (CFR) 

• The CFR is a codification of the general and permanent rules that were published in the FR by the Executive departments and agencies of the Federal Government.  

• It is divided into 50 titles that represent broad areas subject to Federal regulation. 

• The FDA regulates food, drugs, medical devices, biologics, cosmetics and radiation emitting products in the USA. 

• FDA’s Centre for Devices and Radiological Health (CDRH) is responsible for regulating manufacturers of medical devices. Medical devices are regulated under the Federal Food Drug & Cosmetic Act (FD&C Act) Part 800-1299. 

• Manufacturers importing medical devices into the USA must designate a United States agent, register the establishment, list the device, manufacture according to the quality system requirements and file a Premarket Notification 510 (k) or a Premarket Approval. 

• A post marketing surveillance system is required (21 CFR Part 803). Medical devices are divided into Class I, Class II and Class III where class I devices represent the lowest risk and class III devices represent the highest risk. Most Class I devices and some Class II devices are exempted from a Premarket Notification 510 (k).

• The FDA does not “certify" devices, and the FDA logo is for the official use of the FDA and not for use on private sector materials. The FDA does not issue registration certificates to medical device facilities nor does the FDA certify information for facilities that have registered their establishments and listed their medical devices. 

• All device establishments required to register must complete their annual registration for each Fiscal Year between October 1 and December 31. 

• FDA is aware that various firms may be offering their services to assist domestic and/or foreign facilities to register with FDA. Please note that these firms are not affiliated with FDA, nor has the agency contracted with any firms to register facilities. FDA does not use any outside contractors to notify or bill regulated industry about the need to register. FDA does not require firms to hire someone to complete the on-line registration process. 

• In completing product listings for facilities, bear in mind that you are required to identify any that are combination products.

How can GPC help you? 

• Identification of compliance requirements under various guidelines including all data requirements.​ 

• Data gap analysis and pre-assessment support​ 

• Technical documentation support​ 

• Pre and post submission support and technical liaison with authorities. 

The Environmental Protection Agency regulates pesticides on a national level in the United States (EPA). The Federal Insecticide, Fungicide, and Rodenticide Act, as well as the Federal Food, Drug, and Cosmetic Act, give pesticides broad regulatory jurisdiction. The Food Quality Protection Act and the Pesticide Registration Improvement Act have both altered these laws. 

1. US Environmental Protection Agency (USEPA): It established maximum residue levels for the reregistration and reassessment process. When exemption is found to be a safe candidate then tolerance exemptions are granted exceptionally. 

2. US Food and Drug Administration (FDA): Implementation of tolerance values that is specified for other foods  

3. US Department of Agriculture (DOA): Enforcement of maximum tolerances values for certain egg and meat  

4. BLM and US Fish and Wildlife Services: regulation of risks from agrochemicals to the aquatic system, wildlife and environment  

5. Food and Agriculture Organization (FAO): Enhancement of nutritional value and food security  

6. The United States Environmental Protection Agency (USEPA) and California Department of Pesticide Regulation (CDPR) : Regulation of agrochemicals in US and the state of California  

Note: The USEPA and CDPR regulate the use of agrochemicals in California where placement of any additional restrictions is allowed by CDPR beyond the guidelines given by USEPA concerning the climatic conditions of the respective place  

Companies involved in the manufacturing, formulation, repackaging, exportation, importation, marketing, and application service of pesticides shall file the registration application.

The registration of a pesticide is a scientific, legal, and administrative process consist of examination of pesticide's ingredients, the specific site or crop where it will be used, the amount, frequency, and timing of its application, as well as storage and disposal policies. 

There is a wide range of potential human health and environmental impacts connected with pesticide use while evaluating a pesticide registration application. The company that wants to make the pesticide must submit evidence from studies that meet testing requirements. 

• The risk assessments analyze the potential for harm.  

• Humans, wildlife, fish, and plants, including endangered species and non-target organisms, are all negatively affected. 

• Surface and ground water contamination due to leaching, runoff, and spray drift. Short-term toxicity to long-term impacts like cancer and reproductive system abnormalities are all possible human dangers. 

The language on each pesticide label to verify that the usage instructions and safety precautions are acceptable for any potential risk. Following the guidelines on the label is required by law and is essential for safe use. 

Companies file a registration action application, such as registering a new pesticide active ingredient, a new product for an existing pesticide, or adding a new use to an existing pesticide. 

The following items are usually included in a company's application: 

• The Pesticide Registration Improvement Act mandates the payment of a service charge (PRIA). 

• Forms that describe the action that has been requested. 

• All compounds in the product's identification and quantity. 

• Data about potential threats to human health and the environment, including pesticide residues on food (if applicable). 

• Evidence of the product's production process's dependability. 

• Directions for usage, contents, and applicable warnings are all included on the labelling. 

• Evidence that you've met all of your legal and financial commitments. 

Each application for registration of a new product that contains a new pesticide active ingredient or proposes a new use for an existing pesticide receives a notice of receipt in the Federal Register. 

The appropriate pesticide division receives the application, which is processed and tracked. After that, a project manager is assigned to: 

• Complete a thorough examination of the application. 

• Assign and coordinate a scientific review that is appropriate. 

• PRIA's priorities and timeframe should be followed. 

• Organize administrative activities. 

• Inform the applicant (also known as the registrant) of the review. 

1. Human Health risk 

a. Risks in the aggregate–from food, water, and residential uses 

b. Risks accumulated over time from several pesticides with similar effects 

c. Occupational hazards for people who use the product at work 

2. Environmental risks 

a. Contamination of groundwater is possible. 

b. Endangered and threatened species are at risk. 

c. Endocrine disruption is a possibility. 

3. Risk assessment and peer review 

a. the scientific facts on the pesticide product and generate complete risk assessments that look at the product's or ingredient's possible effects on people and the environment. 

b. The risk assessments for health and the environment are subjected to peer review by scientific experts. 

4. Risk management and regulatory decisions 

a. Consider the findings of the risk assessments and peer reviews. 

b. Examine any procedures required to mitigate any detected concerns by researching alternative pesticides that have already been approved. 

c. Discuss with the applicant whether any changes to the product or labelling are required to reduce risk. 

d. After posting notices for comment in the Federal Register, establish new food tolerances if necessary. 

e. If no adjustments are required, or if the applicant accepts the necessary revisions, registration will be granted. 

f. Publish a notice of registration issue in the Federal Register.

Before a pesticide can be sold or disseminated in the United States, the FDA must approve all label text as part of the licensing/registration procedure. The label's overarching goal is to provide clear instructions for efficient product performance while reducing dangers to human health and the environment. Using a pesticide in a way that contradicts its labelling is illegal under federal law. A label is considered a legal document by the courts. Furthermore, to ensure safe and effective use, it is vital to follow the labelling directions carefully and precisely. 

https://www.epa.gov/pesticide-registration/about-pesticide-registration#:~:text=Federal%20Insecticide%2C%20Fungicide%2C%20and%20Rodenticide%20Act%20(FIFRA)%20%2D,benefits%20of%20a%20product's%20use

To safeguard human health and the environment, Environmental Protection Agency (EPA) collaborates with federal, state, territory, and tribal regulatory partners to administer and ensure compliance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). FIFRA allows the Environmental Protection Agency (EPA) to register pesticides. The mission of the Office of Enforcement and Compliance Assurance (OECA) under FIFRA is to ensure that the environmental and public health protections provided by our nation's environmental pesticide laws are realised through activities such as compliance monitoring, civil and administrative enforcement to address noncompliance, and criminal enforcement when necessary. The EPA establishes tolerances (maximum legally permitted levels) for pesticide residues in food under the Federal Food, Drug, and Cosmetic Act (FFDCA).

On the Environmental Protection Agency (EPA) official website, the pesticide is described as “any substance or mixture of substances intended for:

• Preventing, destroying, repelling, or mitigating any pest.
• Use as a plant regulator, defoliant, or desiccant.
• Use as a nitrogen stabilizer”
• Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
• The following are the main objectives of FIFRA compliance monitoring:
• Prioritizing compliance monitoring activities;
• Providing a visible field presence to encourage compliance and deter noncompliance;
• Assessing and documenting compliance with FIFRA, the implementing regulations, pesticide labels, and pesticide registrations;
• Identifying problem areas that require regulatory action by the Office of Pesticide Programs (OPP)

One of the most important tools used by the EPA to guarantee that the regulated population follows environmental laws and regulations is compliance monitoring. It refers to all operations carried out by regulatory agencies to assess whether a facility (or a set of facilities, such as factories linked geographically, by sector, or by corporate structure) conforms with the law. The following are examples of compliance monitoring:

• Compliance monitoring measures must be developed and implemented.
• Compliance inspections, evaluations, and investigations are conducted on-site (including review of permits, data, and other documentation)
• Data collection, evaluation, reporting, program coordination, oversight, and support inspector training, certification, and support off-site compliance monitoring
• To encourage facilities to detect and report problems to the EPA, the agency offers compliance incentives and auditing.

More than 1,300 commercial goods contain manufactured nanoparticles, including medical equipment, textiles, fuel additives, cosmetics, polymers, and more. The most common nanomaterials that may have human and environmental health concerns are studied by EPA experts. The study is laying a scientific foundation for a better understanding, prediction, and management of nanomaterials' difficulties. Currently, EPA is studying nanosilver, zerovalent iron, titanium dioxide, cerium dioxide, carbon nanotubes, and micronized copper.

As per the data found on “new active ingredient registration status (2000-2021)” in the pesticide regulations, the following tests/studies were required before the ingredient could be reviewed-

Chemical- Silver chloride

• Phase 1: Product characterization- Particle size distribution, surface area
• Phase 2: Product testing- Stability, storage stability, corrosion characteristics, UV-Vis, solubility
• Phase 3: Release characteristics/Exposure- Dissolution kinetics, leaching test of textile, dermal exposure indoors, inhalation exposure indoor, Attrition test- laundry drying
• Phase 4: Health effects
• Phase 5: Ecological effects

In the USA, Food Contact Materials (FCM) is regulated under the Federal Food, Drug and Cosmetic Act (FFDCA), Title 21 of the Code of Federal Regulations (CFR), where a revised Title 21 is issued on approximately April 1^st of each year and is usually available several months later.

The regulation is jointly produced by the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR), and the Government Publishing Office (GPO) to provide the public with access to authentic government information.

Food Contact Materials (FCMs) refer to substances that can be applied as a potential component directly or indirectly affecting food characteristics. It also includes substances intended for food processes such as producing, manufacturing, packaging, processing, storing, transporting, and holding, which also involves any source of radiation within its production.

There are two exception categories under FCM, USA: substances categorized as “Generally Recognized as Safe (GRAS)”, and substances sanctioned prior to 1958. For example, under 21 CFR 175.300, “Resinous and Polymeric Coatings, epoxy resins derived from BPA and epichlorohydrin” are as well prohibited in use for powdered and liquid infant formula packaging.

The FDAMA changed the Food, Drug, and Cosmetic Act (FD&C Act) to make the FDA's operations more efficient. A notification method for food-contact substances was one of the new procedures designed to achieve this goal. A food-contact substance is defined as "any compound intended for use as a component of materials used in manufacturing, packing, packaging, transporting, or keeping food if such use is not intended to have a technical effect in such food" under the modified FD&C Act (United States, 1998a).

Act: The Federal Food, Drug and Cosmetic Act (FFDCA)

NEPA:FDA urges the federal agencies to take the environmental considerations into account in the planning and making their decisions. NEPA is basically a declaration of the nation’s environmental policy and goals. It intensifies the FDA’s command under FFDCA and various public health laws. It does not require FDA decisions to favour environmental protection over other considerations mandated by other laws.

FFDCA:US Congress granted the authority to the FDA to regulate the food additives in the 1958 Food Additives Amendment to the FFDCA. As per the Section 201(s) of FFDCA a food additive is described as any substance the intended use of which results or may reasonably be expected to result, directly or indirectly, in it becoming a component or otherwise affecting the characteristics of any food. A food additive is judged dangerous unless it complies with an exemption (for investigational use), a regulatory listing, or, as indicated below, an effective food contact notification, according to the FFDCA.

The general and specific regulations for all food ingredients and packaging materials as per 21 CFR 170-189. It is observed that the time required in order to put a regulation in force is both lengthy and the process itself is resource intensive. As a result of which two additional processes have superseded the petition process, the Threshold of Regulation (TOR) exemption method and the FCN process are both used for pre-market approval of components in food contact items.

Table listing the general and specific regulations. Title 21 of the Code of Federal Regulations.

Comprehensive Summary: The rationale for the notifier's conclusion that the usage of the FCS is safe should be summarised and discussed in detail in an FCN. While addressing all safety data given in the warning, the summary should describe cumulative dietary exposure to the FCS and any possible impurities, the findings of toxicity tests, and any ADI generated from those studies. Any data or information that appears to contradict the conclusion that the use of the FCS is safe should be discussed by the notifier.

Chemical Identity: Identity being the name, structure, molecular formula, CAS Number as well as the data from which each substance can be identified. Manufacturing processes' details, purity percentages, safety. These must be shown to estimate the safety measures taken.

Intended Conditions of Use: FCN submitters must describe the conditions under which an additive will come into contact with food and include data on the quantity of any material that is likely to become a component of food under the intended conditions of use, according to the FDA.

The concentration of the food contact substance in the final food contact material, the temperature of use, the types of food contacted, the duration of contact, and whether the food contact material is intended for repeated or single-use application should all be included in the information on the intended use conditions.

The planned conditions of use requirement is likely the single most critical aspect in determining the expense and complexity of achieving a suitable regulatory status for a chemical, as it determines the expected exposure

Intended Technical Effects: We have to show the data that proves that the Food Contact Substance will achieve its intended use without changing the organoleptic properties of the food particles present; but will have effect on the food article.

Estimated Dietary Intake: FDA estimates the probable exposure to the substance by combining migration data with information regarding the typical uses of Food Contact Articles that may contain the substance. Using this the daily intake is estimated i.e. EDI (product of concentration and total food intake). CEDI i.e. Cumulative estimated daily intake is also required. It is estimated by looking at all the sources of exposure, rather than just the EDI. These calculations are based on the assumption that the substance will migrate at its full extent and that FCM of a given type will be made using the subject substance.

Toxicity info: The type of toxicological data will depend on the nature of the material and the CEDI for the substance.

For substances with CEDI < 0.5 ppb; No data required.

0.5 ppb

50 ppb

If it exceeds 1 ppm then FDA recommends filing the food additive petition instead of FCN.

Environmental info: FCN must include an environmental assessment or a claim for categorical exclusion from the requirement for an environmental assessment. Exclusions from the EA requirement are provided by FDA regulations for substances used only in coatings, substances used only in repeated use food contact applications, and substances that make up less than 5% of the finished food packaging material and remain in the packaging material after the consumer has used it.

Due to the introduction of the Food Contact Notification the number of Food Additive Petitions has reduced substantially. Nevertheless, the FDCA states that the FCN process will be used for food contact substances authorizations except where FDA declares that FAP is necessary for safety assurance. The regulations when an FAP is required:-

Use of FCM will increase the CEDI of the substance from both food and food contact uses to a level equal to or greater than 1 ppm,assuming the substance is not a biocide.

For a substance that is biocide if the CEDI is increased to a level greater than 200 ppb.

When existing data for the substance include one or more bioassays that FDA has not reviewed and are not clearly negative for carcinogenicity.

The things to be included in the FAP:-

• Composition, specification and method of manufacturing;
• Its intended conditions of use;
• The quantity and identity of substances likely to become components of foods under intended use conditions;
• An estimate of concentration of the additive in the daily diet;
• Toxicology data demonstration the safety of this intake level;
• Proposed tolerance;
• Either an EA or a claim for categorical exclusion from the need to provide the EA

Once FDA receives a FAP it is assigned to the Consumer Safety Officer (CSO).

The CSO sends the pertinent elements of the petition to specialists for review, who then write reports on the food contact substance's exposure and safety. If the FAP is accepted, the FDA issues a final regulation in the Federal Register that allows food additives to be used immediately. The benefit of a FAP is that it results in a food additive regulation, which allows anyone who meets the regulation's conditions of use to use the additive. Whereas an FCN only allows the manufacturer identified in the FCN to use the product under the intended use conditions.

The FDA's toxicological evaluation is based on a tiered approach and is consistent with the general principle that increased exposure results in increased potential health risks; however, the inherent toxicity of a structural/functional class of compounds is also taken into account, as evidenced by the separate biocides requirements. The FDA's TOR exemption procedure and the tiered testing method used to examine the safety of FCSs both employ this technique to identify endpoints of concern at exposure levels.

• DC of ≤ 0.5µg/kg (i.e. EDI of ≤1.5 µg/person/day)
  • No toxicity testing recommended
  • Available information should be submitted and discussed
  • Structural similarity of the substance with the carcinogens and toxic chemicals must be discussed

• CDC  > 0.5µg/kg but ≤50µg/kg
  • Genetic toxicity tests on substances
    • Test for gene mutations in bacteria
    • An in vitro cytogenetic test in mammalian cells.
• CDC > 50µg/kg but < 1000µg/kg
  • Genetic toxicity tests on substances
    • Test for gene mutations in bacteria
    • An in vitro cytogenetic test in mammalian cells.
    • An in vivo test for chromosomal damage using rodent hematopoietic cells
  • Potential toxicity of the substance should be evaluated by two sub chronic oral toxicity tests, one in rodent and other in a non-rodent species.
  • Results from these studies or other available information may trigger the need for longer term (1-year or 2-year) or specialised tests.
• CDC ≥1000 µg/kg
  • Bioassays of carcinogenicity in two rodent species during a two-year period (one study should include in utero phase)
  • A teratology phase was added to a two-generation reproductive research in rats.
  • Other specialised studies, if needed

• Food Contact Material (FCMs) regulation consulting/customized consulting report
• Regulatory compliance analysis/new substance assessment
• Declaration of Compliance (DoC) editing/auditing
• Food Contact Notification (FCN)
• Lab selection and testing supervision

• Identification of compliance requirements under various guidelines including all data requirements.​ 

• Data gap analysis and pre-assessment support​ 

• Technical documentation support​ 

• Pre and post-submission support and technical liaison with authorities. 

• Regulatory compliance training
• Regulation translation
• Consultation with a competent authority
• Supplier management

The United States are involved in the regulation and monitoring of nanomaterials. The two institutions, the Environmental Protection Agency (EPA) and the Food and Drug Administration (FDA), have the most major role in the regulation and monitoring of nanotechnology goods among the five government agencies listed.

Nanomaterials and nanotechnology products are also subject to five general environmental standards in the United States. Table 2 illustrates where any nanomaterials-containing items fall under the purview of these five Acts. From 2009 to 2014, the EPA conducted a "Nanomaterials Research Strategy" to gather data in preparation for future regulation. It looked at the unique properties of nanoparticles such size, shape, chemical composition, and stability in order to develop prediction models and identify more risky and safe nanomaterials. The programme also investigated things like destiny, transition, interactions with the environment, concentration measurement techniques, and characteristics like shape, surface load, and surface chemistry (EPA,2018c).

Nanomaterials is EPA studying:

 Nano Silver: Because silver nanomaterials have antibacterial, antifungal and antiviral properties, they are used in medical equipment, textiles and cosmetics, fabrics, plastics and other consumer products.

 Carbon Nanotubes: These nanomaterials are one of the most abundant classes of nanomaterials, and come in a variety of shapes and sizes. Carbon materials have a wide range of uses, including composites for vehicles or sports equipment, coatings, textiles, polymers, plastics and integrated circuits for electronic components.

 Cerium dioxide: Nanoscale cerium dioxide is used in electronics, plastics, biomedical supplies, energy, fuel additives, and other consumer products.

 Titanium dioxide: Nano titanium dioxide is used in many products. It can be found in sunscreens, cosmetics, paints and coatings, and electronic devices.

 Iron: One important use of nano zero-valent iron particles is to catalyze the breakdown of chlorinated hydrocarbon compounds that are among the most common toxic contaminants found in hazardous waste sites.

 Micronized Copper: Micro and nanometer sized copper particles are used as preservatives in pressure treated lumber and, in some paints, and coatings.

This research will be used by the EPA to create research methodologies for characterising engineered nanomaterials (ENMs) and assessing exposure and toxicity in complicated biological or environmental systems. This study will allow EPA experts to assess the links between the physical and chemical features of ENMs and their destiny, transit, and impacts, perhaps leading to safer and more sustainable ENMs.

Any chemical that is imported or made in the United States but is not listed by the Environmental Protection Agency (EPA) is a novel chemical that should be added to the list before being sold in the United States. The Toxic Substances Control Act (TSCA) is the primary legislation that governs industrial chemicals in the United States. The Toxic Substances Control Act (TSCA) gives the EPA the ability to examine new compounds and certain new applications of chemicals before they enter the market, impose limits, and then add those new substances to the TSCA Inventory list of existing chemicals.

Nanomaterials should be added to the list as novel substances, and several different nanomaterials have already been added to the list. The EPA has taken steps to control and limit exposure to these materials, such as limiting the use of nanomaterials, requiring the use of personal protective equipment and engineering controls, limiting their release into the environment, and requiring testing to provide required data on health and environmental impacts.

The EPA may also compel the reporting, recording, and testing of chemicals that pose an unjustified danger to human health or the environment, or that reach specific production or exposure thresholds, under TSCA. Pesticides, food, pharmaceuticals, and cosmetics are among the substances that are normally exempt from TSCA.

The Food and Drug Administration (FDA) in the United States is in charge of ensuring the safety of food additives, food contact materials, and feed additives that are put on the market under the Federal Food, Drug, and Cosmetic Act (FFDCA) (US-FDA). Pre-market authorisation by the FDA is usually necessary for food and colour additives, however it is not required for some other food items, such as food components that are generally recognised as safe (GRAS). The FFDCA has no nanotechnology-based product specifications, and the FDA has yet to create a regulatory definition of NMs. When it comes to nanotechnology-based goods, it has taken a very broad and thorough approach.

FDA has issued various guidance documents addressing nanotechnology concerns, such as "Considering Whether an FDA-Regulated Product Involves the Application of Nanotechnology" to assist industry (US-FDA, 2014a). According to the advice, when determining whether a product contains NMs, FDA considers the material's size (about 1 nm- 100 nm), as well as features or phenomena attributable to the material's exterior dimension(s), even if these dimensions are not in the nanoscale range, but rather up to 1 millimetre. This method is intended to be universally applicable to all FDA-regulated items, including food.

The FDA also released special advice for food-related nanomaterials/nanotechnology applications. The FDA advises a preliminary safety evaluation of "Food Ingredients and Food Contact Substances Produced at Nanoscale," which should be based on evidence relevant to a food substance's nanometer form. The FDA does not consider all products containing NMs to be intrinsically harmful at the outset, but instead advises using a case-by-case approach when evaluating the completed product's safety and intended use. In terms of the safety of such goods, the FDA also argues that there are currently no food ingredients purposely developed at the nanoscale scale for which there is sufficient safety evidence to evaluate their usage GRAS. FDA asserts in the guideline that it has not received any food or colour additive petitions, or GRAS affirmation petitions, for any applications of food ingredients with a particle size distribution that is entirely in the nanoscale range. FDA also issued "Draft Guidance for Industry on the Use of Nanomaterials in Food for Animals," which includes similar issues (US-FDA, 2014b).

The FDA's existing regulatory framework for nanotechnology-enabled cosmetics is in flux. In 2007, the FDA established a task force to explore the future of nanotechnology goods. The FDA has now issued advice on nano-enabled cosmetics safety (FDA, 2014a) and identifying nano-enabled goods (FDA, 2014b) to give more information to the industry on how the administration views the use of nanoparticles in products that it regulates. As things stand, the FDA will continue to oversee items like cosmetics under the 1938 Federal Food, Drug, and Cosmetic Act's established regulatory structure (FDA, 2014b). Having said that, the FDA has stated that it will continue to evaluate and respond to advances in our understanding of the dangers connected with nanotechnology goods.

In the case of nano-enabled cosmetics, the FDA's strategy is to continue to regulate goods rather than processes. 'The present methodology for safety evaluation is sufficiently strong and adaptable to be applicable for a variety of materials, including nanomaterials,' according to the FDA (2014a). Because the FDA does not accept a single definition of nanotechnology, it will continue to evaluate individual uses of nanotechnology, as well as the safety of the goods that arise, on a case-by-case basis. Manufacturers should apply the FDA's two Points to Consider assessing if their products include nanotechnology. These are some of them:

1. whether at least one exterior dimension, or an internal or surface structure, in the nanoscale range (about 1–100nm) is engineered into a material or finished product, and

2. whether at least one exterior dimension, or an internal or surface structure, in the nanoscale range (about 1–1000nm) is engineered into a material or finished product, and

The FDA usually conducts this study during the pre-market review stage to notify manufacturers whether their product is regulated as containing nanotechnology. Because cosmetics are not subject to FDA pre-market approval, producers must apply these Points to Consider on a voluntary basis. As a result, the FDA has little power to guarantee that the nano-related hazards associated with nano-enabled cosmetics are measured in these substantiation studies because manufacturers undertake their own safety substantiation testing.

For both the medical device sector and the regulatory agency, nanotechnology may be a new and growing subject (Such as the US FDA). Currently, the FDA has not defined nanotechnology-specific criteria to help manufacturers in deciding when a modification to a device that incorporates nanomaterials or otherwise involves the use of nanotechnology becomes significant enough to need a new submission. As a result, the FDA recommends that device makers approach the agency before making any nanotechnology-related changes to see whether and how the change may impair the device's security or efficacy.

Persistent Organic Pollutants (POPs), also referred to as “emerging contaminants”, include a range of chemical substances from diverse applications, ranging from medicines, personal care, household cleaning products, lawn care, agricultural products, among others.

The toxicity of POPs has been long investigated, and researchers found that these chemicals may have long-range mobility and long-lasting duration, leading to environmental contamination and pollution. POPs are often classified as Substance of Very High Concern (SVHC) with hormone disruption consequences, bioaccumulation and biomagnification through the food chain. The presence of POPs in the environment and in human health can lead to several complications, from mild effects to more serious consequences, for example, reproductive disruptions and immunological disorders.

Since POPs are not easily broken down, a characteristic that guarantees its continuation in the environment, the contaminant consequences are still being investigated. In other words, the emerging contaminants are mainly not from new pollutants that recently entered the environment. Instead, there is a good understanding of contaminants, but the consequences to their exposure are still being discovered.

Countries have created a set of rules and regulations to regulate, control, and mitigate POPs use and its effects on the environment and on human health. The essence of these legislations is to eliminate the production, trading, and use of such chemicals, including storage and waste management.

International effort in addressing POPs starts in the late 1990s. The initial protocol to address POPs was implemented in 1998, signing 16 chemicals to phase out according to previously established risk criteria. The Aarhus Protocol also impose parties to reduce their emissions below 1990 levels.

The Stockholm Convention is an international conference specifically for POPs proposed in May 2001 in Sweden (complementing the Aarhus Protocol), entering into force in 2004. Among the objectives, the Stockholm Convention aims to:

• Prohibit, eliminate, and restrict several POPs in the production, use, import, and export.
• Ensure that waste containing POPs is managed safely and in an environmentally sound manner.
• Promote tools for information exchange, public access, awareness and education, research, development and monitoring, reporting, and implementation of plans to fight POPs pollution.

The Stockholm Convention is considered the main international instrument to address POPs. Most countries adhere to the Stockholm Convention.

The United States has not yet ratified the Stockholm Convention. The main reason for the delay is that the United States does not have the authority to implement all the Convention’s provisions, and currently, the country participates as an observer in the meetings and working groups. Yet, the Stockholm Convention contributed to the development of similar frameworks across the United States; for example, the Environmental Protection Agency (EPA) reduced amounts of dioxins and furans sources and banned agrochemicals such as Dichlorodiphenyltrichloroethane (DDT).

Today, 12 chemicals listed in the Stockholm Convention original list cannot be registered and distributed in the United States – the implementation of amendments still have to be addressed.

The United States does not have a specific regulation addressing POPs. According to the Toxic Substances Control Act (TSCA), Chemicals must undergo the general registration steps to be marketable.