As noted last week, we recently had our first major TSCA
Title VI enforcement to the tun over a half million dollars. The full
details are available here and I encourage you to read them, but I’d
like to point out a few take-aways.
Yes, this was for an imported product.
No, it was not from China. People are almost always going to assume the
worst of Chinese production, but nope, not this time. The material was from Turkey.
You might guess it was found when the government did a random check on
emissions. Nope, the company actually
self-disclosed that there was a problem when they ran into an issue at
entry. When their broker started the
import process, the broker said “hey, all ok for TSCA, right?” and they asked
“what’s TSCA?” I’m not joking about
this, it’s right in the court document:
Respondent
immediately investigated the reason for the import certification requirement
and
discovered the existence
of Part 770 and its applicability to the finished goods.
That’s right. Incredibly, the company importing the product wasn’t even aware of TSCA Title VI. They hadn’t specified TSCA compliant product or done due diligence to confirm that their suppliers were utilizing TSCA compliant panels. That’s pretty amazing to me, but then again, I guess not everyone is obsessed with formaldehyde regulations like I am.
The company is a large one, from what I can tell online. But somehow they missed this despite years of
articles in every industry publication—webinars and outreach by every major
industry association. Not just the
NWFA—the kitchen folk, the plywood and panel folk, the furniture folk, etc.,
everyone has tried to tell their membership that this is a serious thing. And somehow they missed it. How many of you
out there still let your eyes glaze over when you see a blog header with the
term TSCA in the title? You can’t afford
to do that!
What are you missing? Have you asked your supplier some basic
questions like “do you have a compliance program?” “What are you doing to ensure the floor you
sell me is TSCA compliant?” “What about
Lacey?” “What about circumvention?” “What sort of training have you taken to
learn about these rules and regulations?”
And ask yourself some questions. Have you learned your label
requirements? Are you checking labels
when stock comes in? Do you have white
box products in your warehouse? Are you
checking invoices for statements of compliance?
Have you changed your boilerplate on your own PO’s? Everyone’s got responsibilities.
When we had the formaldehyde panel a year ago at the NWFA, with the EPA, the
American Chemistry Council, Benchmark and the IWPA all presenting on TSCA, the
crowd was pretty thin and there were very few retailers or distributors. But lots of importers were there. (One fellow had driven five hours just to
attend that panel and then he headed back to his office after it was
done.) Those importers knew they’d be on
the frontline of enforcement regarding this regulation and wanted to make sure
they were prepared. Most everyone else
probably just assumed, “it’s not my problem” or “someone else is taking care of
it.” Well, it is your problem and you
best know who is taking care of it!
Because you know what else is happening to the cabinets and vanities? It’s not just a fine, but large portions of
the product are being destroyed.
Construction on these apartments is being delayed at who knows what
cost. If you have a product in your
warehouse that is found to be non-compliant, you may face a fine and
confiscation….but think what it will be like if you have already installed
non-compliant material. Do you want to
be that guy just “discovering” TSCA when the government comes knocking?
Time to start asking some questions.
Elizabeth Baldwin is Environmental Compliance Officer for Metropolitan Hardwood Floors. In her 25 plus year career in the wood industry has visited over 70 countries and hundreds of facilities of all sizes and types. She describes herself as a “jack of all wood trades.” Familiar with jungles of all sorts–having camped out along the Amazon and walked the halls of Congress–she blogs for the NWFA on both environmental and regulatory issues for educational and informational purposes only. Her blog is not intended and should not be construed as legal advice. Persons seeking legal advice on compliance with CARB, TSCA, the U.S. Lacey Act or any other law, regulation, or compliance requirement/claim should consult with the regulatory agency directly and/or a qualified legal professional.