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St. Louis County COVID-19 Restrictions

November 16, 2020

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As with many other places across the country, St. Louis County is experiencing a surge of COVID-19 cases, and has enacted a new round of restrictions as a result. As of November 13, 2020, there were 38,620 total confirmed cases of COVID-19 in St. Louis County, with 900 new cases reported on November 12th alone. St. Louis County’s positivity rate reached a staggering 15.1%, the highest since April of 2020.  Hospitalizations due to COVID-19 are on the sharp rise.

In response, the St. Louis County Executive, Dr. Sam Page, announced a series of new restrictions:

  • Restaurants and bars will close indoor service but not outdoor dining, curbside, delivery, and take-out service;
  • All businesses will be reduced to 25 percent of their occupancy limits (currently at 50 percent);
  • Gatherings will be reduced to a maximum of ten people (currently at 49 people);
  • Residents should only leave their homes for specified reasons

PFAS: Regulation of Firefighting Foam

PFAS: Regulation of Firefighting Foam

November 13, 2020

Authored by: Tom Lee and John Kindschuh

26 states have either passed or proposed regulations regarding per- or polyfluoroalkyl (“PFAS”) based Class B Aqueous Film-Forming foams (“AFFF”) used for firefighting.  These regulations typically involve restrictions in four general areas:

  • Discharge or use requirements – These regulations usually limit or prohibit the use of AFFF in training or testing exercises, and only allow the use of AFFF in active firefighting situations;
  • Storage or “take-back” provisions – Some states have enacted state run programs to purchase and dispose of AFFF, usually purchasing from government agencies;
  • Notification or reporting requirements – When continued use of AFFF is allowed, some states have required that businesses report specific details regarding their use; and
  • Limitations on personal protective equipment (“PPE”) – In some cases states have limited or prohibited PPE for firefighters that contains PFAS-materials.
  • While the specific regulations are listed in the chart below, BCLP wants to begin by providing an overview

    CDC Guidance Expands “Close Contact”

    October 23, 2020

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    On October 21, 2020, the Centers for Disease Control and Prevention (“CDC”) broadened the definition of “close contact” for purposes of COVID-19 contact tracing and quarantining requirements.

    Since many state and local government COVID-19 orders rely on the CDC definition of “close contact” to determine who should stay home, monitor, and be tested, the expanded definition will have repercussions across the country.  Businesses may need to re-train their employees so that they follow the correct contact tracing protocols, and additionally, businesses may need to re-write COVID-19 protocols and standard operating procedures to reflect the new definition.

    Contacts Are Now Cumulative Over a 24-Hour Period

    Originally, the CDC defined a “close contact” as a person who spent 15 consecutive minutes within six feet of an infected person starting from 2 days before illness onset (or, for asymptomatic patients, 2 days prior to test speciment collection) until the time the patient is

    PFAS Consumer Products Regulations

    October 19, 2020

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    PFAS Consumer Products Regulations

    October 19, 2020

    Authored by: Tom Lee and John Kindschuh

    Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by regulations regarding the presence of per- and polyfluorinated chemicals (“PFAS”) in their products. This area of law is rapidly developing as states create new laws, and the penalties for non-compliance can be significant. Below is an overview of enacted and proposed state laws and regulations to assist companies in beginning an investigation into whether their products are, or will be impacted.

    PFAS Background

    PFAS is a family of chemicals comprised of over 5,000 compounds. PFAS have been reported in a variety of consumer products and industrial applications including the following: children’s products, textile and apparel items, carpet cleaners, non-stick products (e.g., Teflon), stain resistant coatings, polishes, paints, cleaning products, food packaging (including pizza boxes, microwave popcorn bags, and take-out food containers), firefighting foam, certain cosmetics, and ski wax. Some studies have also shown that

    New PFAS Reporting Requirements Under TSCA

    On July 27, 2020, the Environmental Protection Agency (“EPA”) finalized a significant new use rule (“SNUR”) for PFAS substances and other compounds under the Toxic Substances Control Act (“TSCA”), which was originally proposed in 2015.  Although this is not the first SNUR for PFAS substances, it includes a new list of compounds, and may be important for your operations if those compounds are part of your business operations.

    As described below, companies that manufacture, process, distribute, or import specific long-chain perfluoroalkyl carboxylate (LCPFAC) and perfluoroalkyl sulfonate chemical substances must notify EPA at least 90 days in advance of any manufacturing (including import), processing or distribution for a significant new use.

    The final rule becomes effective on September 25, 2020.

    1. What Chemicals Are Specifically Regulated? 

    LCPFAC chemicals are defined as “the long-chain category of perfluoroalkyl carboxylate chemical substances with perfluorinated carbon chain lengths equal to or greater than seven carbons

    Back to Work: Planning for COVID-19 Impacts in the U.S. Through 2021

    September 2, 2020

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    The United States had hoped that industries (and life in general) would be “back to normal” by now after being impacted by COVID-19.  Society has endured this global pandemic for over six months, and while there have been improvements and efforts to allow certain businesses to reopen, there is no clear end in sight.

    Current Events

    Recent trends confirm that the impacts from COVID-19 will continue.  While death rates in states like New York[1] and Arizona[2] are decreasing, states like Georgia[3] and Florida[4] are seeing climbing infection rates.  Local hotspots like Danbury, Connecticut, have emerged,[5] and eight states (thus far) have had spikes in cases caused by the large Sturgis motorcycle rally in South Dakota.[6]  In response, some states and local governments are implementing controls.  For example, Illinois is taking some preventative safety measures,[7] and Oahu, Hawaii issued a two-week lockdown to address increasing infection rates.[8] 

    The important

    FDA Reaches Voluntary Agreement with Manufacturers to Phase Out Certain Short-Chain PFAS in Food Packaging

    August 12, 2020

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    The U.S. Food and Drug Administration has announced that manufacturers of certain per- and polyfluoroalkyl substances (PFAS) used for grease proofing in paper and paperboard for food packaging (for example, as coatings on some fast food wrappers, to-go boxes, and pizza boxes) have voluntarily agreed to phase out sales of these substances for use as food contact substances in the United States, following new analyses of data raising questions about potential human health risks from chronic dietary exposure.

    Starting in January 2021, three manufacturers will begin a three-year phase out of their sales of certain substances that contain 6:2 FTOH for use as food contact substances in the U.S. marketplace.  It may take up to 18 months after the phase-out period to exhaust existing stocks of paper and paperboard products containing these food contact substances from the market. A fourth manufacturer informed the FDA in 2019 that

    States Use Re-Closures, Pause Orders, and Travel Restrictions to Combat Increased COVID-19 Case Counts

    The United States has seen an 82% increase in the number of new COVID-19 cases since two weeks ago, and has set daily new case records four times in the last week.  The bulk of the increased case counts are coming from states in the South and West, including Arizona, California, Florida, Georgia, and Texas, along with others.  The increased case counts come at a time when many of those states are still in the middle of their reopening plans, and have raised questions about whether industries will continue opening, or whether the increased case counts will lead to re-closures.

    While every state’s approach is different, the following trends have developed over the last week.

    1. Business Re-Closures

    Several states have recently decided to re-close, or significantly restrict certain businesses.

    State Steps Taken Arizona Closed fitness centers, nightclubs, water parks, movie theaters, tubing rentals, and bars for 30 days (June

    Boise, Idaho Is First In The Nation To Reintroduce COVID-19 Business Closures

    Ada County’s New Restrictions

    The move back to Phase III triggers the closure of nightclubs, bars, and large venues.  Some bar owners had already begun implementing temperature screenings, plastic barriers between patrons and bartenders, and constant cleaning of handrails and doorknobs, but the Central District Health division of the Idaho District Board of Health still determined that closures are necessary.  Gatherings of more than 50 people are also no longer allowed.  In addition, out of state visitors are required to self-quarantine for 14 days.

    Why is the relevant for businesses outside of Ada County?

    It is the first example of a jurisdiction re-closing businesses, and a sign that a trend in that direction may be coming, particularly in the bar and nightclub industries.  The move also signals that infection rates may be the main driver for health officials who are making those closure decisions, and provides at least one data

    U.S. Reopening Information

    U.S. Reopening Information

    June 3, 2020

    Authored by: Tom Lee and John Kindschuh

    The United States has seen a wave of unprecedented restrictions on the way we do business and conduct our daily lives, designed to control the risks posed by COVID-19. These changes have caused uncertainty and disruption in the business community, as well as up and down supply chains. States are now issuing orders and guidance on the path back to work, and towards a new normal.

    We have prepared the map and checklist below as a general reference resource to help companies get a sense for how their industry is being regulated in each of the 50 states. The information below is current as of the date listed on the map and chart, but is intended as the first, rather than last, step in a business’ effort to decide how and when to reopen a facility. The map and chart only reflect statewide orders, and there may be more restrictive local orders. Even those

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