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September 8, 2003
Volume 81, Number 36
CENEAR 81 36 p. 15
ISSN 0009-2347


CHEMICAL TESTING

Voluntary Program Passes Legal Hurdle

CHERYL HOGUE

A voluntary chemical testing program has survived the first round of a legal attack by animal rights groups.

A federal judge in New York City ruled on Aug. 25 that EPA did not violate a law governing federal advisory groups when it helped establish the High Production Volume (HPV) Challenge Program. Under this initiative, chemical companies are voluntarily producing basic toxicity data on some 2,800 substances manufactured in or imported into the U.S. in quantities of more than 1 million lb per year. Environmental Defense, the American Chemistry Council, and EPA set up the program in 1998. The deadline for this effort is 2005 (C&EN, June 9, page 19).

The ruling settles part of the case, brought by the Physicians Committee for Responsible Medicine and People for the Ethical Treatment of Animals, that threatens to halt the HPV Challenge Program.

However, the judge is allowing another argument by the animal rights groups to go to trial. They say that by selecting the chemicals for the program, EPA determined that it needed toxicity data for these compounds. This determination, they contend, required EPA to issue a regulation under the Toxic Substances Control Act to force chemical companies to produce the data--rather than set up a voluntary program. A trial date has not been set.



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