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The chemical industry is subject to complex and ever-evolving laws and regulations. New standards governing the production and use of chemicals are implemented every year worldwide, and existing laws and regulations are constantly changing to keep pace with new information and scientific advancements. Chemical Industry Regulatory Update provides a monthly digest of recent legislative and regulatory developments and related industry news.

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Kicking off on Monday, September 18, this two-day summit will provide an understanding of sustainability concepts applicable to the adhesive and sealant industry, including case studies, stakeholder partnerships and perspectives, and existing challenges and opportunities among the covered presentations. The event is ideal for business, marketing and technical professionals responsible for setting strategic goals and metrics, leading or managing their company's sustainability program, downstream end users, academia and those who are seeking to learn more about sustainability's role within the adhesive and sealant industry. Click <a href="https://www.ascouncil.org/events/2023-sustainability-summit">here</a> to learn more and to register.

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California Investigates Employee/HR Data Processing in Privacy Enforcement Actions

<a href="https://www.thompsonhine.com/professionals/steven-g-stransky/">Steven G. Stransky</a>, <a href="https://www.thompsonhine.com/professionals/megan-s-glowacki/">Megan S. Glowacki</a>, <a href="https://www.thompsonhine.com/professionals/thomas-f-zych/">Thomas F. Zych</a>, <a href="https://www.thompsonhine.com/professionals/marla-m-izbicky/">Marla M. Izbicky</a>, <a href="https://www.thompsonhine.com/professionals/thora-knight/">Thora Knight</a>

On July 14 California Attorney General Rob Bonta <a href="https://oag.ca.gov/news/press-releases/attorney-general-bonta-seeks-information-california-employers-compliance">announced</a> that his office sent inquiry letters to certain California employers requesting information on their compliance with provisions of the California Consumer Privacy Act (CCPA) concerning employees’ and job applicants’ personal information. Organizations that are subject to the CCPA and have employees in California should be on heightened alert. This announcement is also a significant reminder that the CCPA is still enforceable until new California Privacy Rights Act of 2020 (CPRA) regulations enter into force in <a href="https://www.thompsonhine.com/insights/california-privacy-law-enforcement-delayed-until-2024/">March 2024</a> in accordance with a recent court ruling. <a href="https://www.thompsonhine.com/insights/california-investigates-employee-hr-data-processing-in-privacy-enforcement-actions/">Continue reading</a>.

<a href="https://www.thompsonhine.com/professionals/beth-a-mandel/">Beth A. Mandel</a>, <a href="https://www.thompsonhine.com/professionals/kim-wilcoxon/">Kim Wilcoxon</a>, <a href="https://www.thompsonhine.com/professionals/michael-durnwald/">Michael Durnwald</a>, <a href="https://www.thompsonhine.com/professionals/mark-g-kroboth/">Mark G. Kroboth</a>

On July 25 the U.S. Departments of Treasury, Labor and Health and Human Services (“tri-agencies”) released guidance related to the Mental Health Parity and Addiction Equity Act (MHPAEA). Among other documents, the guidance includes a proposed update to the MHPAEA regulations and a report to Congress summarizing the tri-agencies’ enforcement efforts related to group health plans’ obligations to perform and document non-quantitative treatment limitation (NQTL) analyses. <a href="https://www.thompsonhine.com/insights/new-mhpaea-guidance-released/">Read more</a>.

New Data Security and Breach Notification Obligation for DHS Contractors

<a href="https://www.thompsonhine.com/professionals/steven-g-stransky/">Steven G. Stransky</a>, <a href="https://www.thompsonhine.com/professionals/francis-e-purcell-jr/">Francis E. Purcell, Jr.</a>, <a href="https://www.thompsonhine.com/professionals/joseph-r-berger/">Joseph R. Berger</a>, <a href="https://www.thompsonhine.com/professionals/thora-knight/">Thora Knight</a>

In light of persistent and pervasive high-profile data breaches involving the federal government’s controlled unclassified information (CUI), the U.S. Department of Homeland Security (DHS) amended its contractor acquisition framework to “demonstrate the need to ensure that information security protections are clearly, effectively, and consistently addressed in [DHS] contracts.” Specifically, a new DHS information security and data breach notification <a href="https://www.federalregister.gov/documents/2023/06/21/2023-11270/homeland-security-acquisition-regulation-safeguarding-of-controlled-unclassified-information">procurement rule</a> impacting its contractors and subcontractors went into effect on July 21. <a href="https://www.thompsonhine.com/insights/new-data-security-and-breach-notification-obligation-for-dhs-contractors/">Read more</a>.

DHS Adds to UFLPA Entity List and Releases Updated Strategy to Prevent Importation of Goods Produced with Forced Labor in China

<a href="https://www.thompsonhine.com/professionals/scott-e-diamond/">Scott E. Diamond*</a>, <a href="https://www.thompsonhine.com/professionals/francesca-guerrero/">Francesca M.S. Guerrero</a>, <a href="https://www.thompsonhine.com/professionals/samir-d-varma/">Samir D. Varma</a>

On August 1, 2023, the Department of Homeland Security (DHS) announced new actions to eliminate the use of forced labor practices in the U.S. supply chain by adding two China (PRC)-based companies to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List due to their participation in business practices involving Uyghur minorities in the Xinjiang region of China. <a href="https://www.thompsonhinesmartrade.com/2023/08/dhs-adds-to-uflpa-entity-list-and-releases-updated-strategy-to-prevent-importation-of-goods-produced-with-forced-labor-in-china/">Continue reading</a>.

Top 10 Things Contractors Need To Know About SBA’s New Rule on the 8(a) Program

<a href="https://www.thompsonhine.com/professionals/edward-t-delisle/">Edward T. DeLisle</a>, <a href="https://www.thompsonhine.com/professionals/andres-m-vera/">Andrés M. Vera</a>, <a>Amaiya</a> Johnson*

On May 30, 2023, the U.S. Small Business Administration’s (SBA) final rule entitled, “Ownership and Control and Contractual Assistance Requirements for the 8(a) Business Development Program” (Final Rule) went into effect, making substantial amendments and clarifications to regulations under its 8(a) Business Development Program (8(a) Program). And despite its title, the Final Rule also changes other SBA Programs, including the Women-Owned Small Business Program (WOSB Program), and it clarifies language impacting rules on joint ventures, qualifications for small businesses, and set-aside competition requirements. SBA packed quite a few changes and clarifications into the Final Rule, so we have distilled the top 10 things government contractors need to know. <a href="https://www.thompsonhine.com/insights/top-10-things-contractors-need-to-know-about-sbas-new-rule-on-the-8a-program/">Read more</a>.

<a>*Amaiya Johnson also contri</a>b<a>uted to this bulletin. She is a former Thompson Hine summer associate; she is not admitted to the practice of law.</a>

Court Nixes Social Disadvantage Presumption: 8(a) Contractors Should Prepare Social Disadvantage Narratives

<a href="https://www.thompsonhine.com/professionals/edward-t-delisle/">Edward T. DeLisle</a>, <a href="https://www.thompsonhine.com/professionals/andres-m-vera/">Andrés M. Vera</a>, <a href="https://www.thompsonhine.com/professionals/francis-e-purcell-jr/">Francis E. Purcell, Jr.</a>, <a href="https://www.thompsonhine.com/professionals/joseph-r-berger/">Joseph R. Berger</a>, <a href="https://www.thompsonhine.com/professionals/jessica-v-haire/">Jessica V. Haire</a>, <a href="https://www.thompsonhine.com/professionals/kathryn-pettit/">Kathryn Pettit</a>, <a href="https://www.thompsonhine.com/professionals/ryan-s-spiegel/">Ryan S. Spiegel</a>

On July 19 the U.S. District Court for the Eastern District of Tennessee issued an unprecedented decision with massive implications for the Small Business Administration’s (SBA) 8(a) Business Development Program. In <a href="https://casetext.com/case/ultima-servs-corp-v-us-dept-of-agric">Ultima Servs. Corp. v. U.S. Dep’t of Agric.</a>, the plaintiff challenged the constitutionality of the rebuttable presumption of social disadvantage afforded to individuals who are members of certain racial and ethnic groups.<a href="#note-i">[i]</a> The court ultimately agreed that the presumption is unconstitutional. The effect of this decision on current and future 8(a) Program participants cannot be understated. We believe all business owners participating in the 8(a) Program who were certified based on this rebuttable presumption will soon need to reestablish their status as socially disadvantaged. <a href="https://www.thompsonhine.com/insights/court-nixes-social-disadvantage-presumption-8a-contractors-should-prepare-social-disadvantage-narratives/">Continue reading</a>.

Check out the latest <a href="https://www.thompsonhine.com/insights/employment-legislation-outlook-august-2023/">Employment Legislation Outlook</a>. This monthly digest is designed to keep you apprised of upcoming major state law changes in areas including paid sick and safe leave laws, family and parental leave, recreational and medicinal marijuana use, workplace gun laws, asking candidates about salary history and unpredictable scheduling.

For more information, contact the editor, <a href="https://www.thompsonhine.com/professionals/devin-a-barry/">Devin A. Barry</a>, or any of the authors.

Looking for Adhesive&amp; Sealant Tra<a>ini</a>ng?&nbsp; ASC’s <a href="https://www.ascouncil.org/certificate-program">Training Academy Certificate Program</a> offers a convenient and cost-effective, web-based method of workforce training ideal for new or new to a role staff and professionals. A variety of flexible and affordable subscription options are available.

<a href="https://www.pages05.net/thompsonhinellp/Subscribe/?spMailingID=26321678&amp;spUserID=ODA0NzkyMzU5MTEyS0&amp;spJobID=2160434781&amp;spReportId=MjE2MDQzNDc4MQS2">Subscribe</a> to other Thompson Hine publications.

Chemical Industry Regulatory Update is compiled by Thompson Hine lawyers on behalf of <a href="https://urldefense.com/v3/__http:/links.thompsonhine.mkt4194.com/els/v2/8PRAB4r43yf3/bXB1bnl4aUpGQUhaOEhObnhTSGlNSE1NWUlkRzU2V1VDbTB5ZnhjTlBQNjJoVVlLbUZKUkp5bzR6WENYc1FmbDQ1NlRtcXcvQ0JEVFcrM0pTR1VUbmNSRittYXJNZEhWVzk3ZnhMSGlIRFk9S0/__;!!OdqygGz-7UHvSw!rCveY6YpqnewImHEeAs6eTa65KiQMlex7-3JAg0iO8gU02lcQMVtu9VfBvQ_Uc-WVkfhhzxz5tGSsdgRkl6Ax0pp4Z-aR-4$" target="_blank" rel="noreferrer noopener">The Adhesive and Sealant Council</a>. It should not be construed as legal advice, and the views and opinions expressed herein are those of the authors and do not necessarily reflect those of the ASC or its members.

[i] Ultima Servs. Corp.&nbsp;v. United States Dep’t of Agric., Case No. 2:20-CV-00041-DCLC-CRW, U.S. Dist.&nbsp;LEXIS 124268, at *1-2&nbsp;(May 2, 2023).

Chemical Industry Regulatory Update – August 2023