Known to or reasonably ascertainable

Known to or reasonably ascertainable means all information in a person's possession or control, plus all information that a reasonable person similarly situated might be expected to possess, control, or know, or could obtain without unreasonable burden or cost.


40 CFR § 723.175

Scoping language

Purpose and scope.
(1) This section grants an exemption from the premanufacture notice requirements of section 5(a)(1)(A) of the Toxic Substances Control Act (15 U.S.C. 2604(a)(1)(A)) for the manufacture and processing of new chemical substances used in or for the manufacture or processing of instant photographic and peel-apart film articles. This section does not apply to microorganisms subject to part 725 of this chapter.
(2) To manufacture a new chemical substance under the terms of this exemption, a manufacturer of instant photographic or peel-apart film articles must:
(i) Submit an exemption notice when manufacture begins under paragraph (i) of this section.
(ii) Comply with certain requirements to limit exposure to the new chemical substance under paragraphs (e) through (h) of this section.
(iii) Comply with all recordkeeping requirements under paragraph (j) of this section.
(iv) Remit the applicable fee specified in ยง 700.45(c) of this chapter.

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