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Chemicals QuarterlyQ1 2013

Presented by Stacey Bowers, MILS1 April 2013

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France prohibits BPA in food contact articles

• France enacted Law No. 2012-1442, to prohibit food contact

articles containing BPA

• The Law applies to:

• food contact articles intended for children under 3, starting 1/1/13

• all other food contact articles, starting 1/1/15

• The Law also requires food contact articles containing BPA to

bear a label, warning against use by pregnant and lactating

women and children under 3

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Sweden prohibits BPA in food contact articles

• Sweden enacted Regulation SFS 2012:991, to prohibit BPA

• The Regulation applies to paints and coatings of food contact

articles intended for children under 3

• The Regulation will take effect 1 July 2013

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Taiwan prohibits BPA in baby bottles

• Taiwan amended its Sanitation Standard

for Food Utensils, Containers and

Packages, to enact a prohibition on BPA

in baby bottles

• The Standard previously restricted BPA in

baby bottles

• The amended Standard will take effect

1 September 2013

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Israel considers prohibition on BPA in baby bottles

• Israel's MOITAL notified the WTO of a proposed amendment to

its mandatory standard on children's drinking equipment,

SI 5817 Part 2

• The standard is based on the EU’s EN 14350-2, and

Directive 2011/8/EU, prohibiting BPA in plastic baby bottles

• The proposed amendment would add a new requirement for

drinking equipment made from polycarbonate and polysulfone,

to provide a declaration that the product does not contain BPA

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OEHHA requests comments regarding BPA

• California’s OEHHA issued a notice of its intent to

list BPA as a chemical known to the state to cause

reproductive toxicity

• OEHHA requests comments as to whether BPA

meets the criteria to be listed under Proposition 65

• Comments are due 25 February 2013

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10+ states have proposed BPA legislation

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Arizona• Children’s food contact articles

Hawaii• Children’s products

Kentucky• Children’s products

Maine• Food contact articles

Massachusetts• Children’s products

Minnesota• Children’s food contact articles

Nevada• Children’s food contact articles

New Jersey• Toys, childcare articles and food

contact articles

New York• Toys, childcare articles and food

contact articles

Pennsylvania• Children’s products

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CPSC Guidance on inaccessible components parts

• CPSC issued Guidance on inaccessible component parts in

toys and childcare articles subject to CPSIA’s prohibitions on

phthalates

• Per the Guidance, a component part is not accessible if it is not

physically exposed through reasonably foreseeable use and

abuse, including swallowing, mouthing, breaking and aging of

the product

• The Guidance is codified at 16 CFR 1199

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Danish EPA submits new phthalates strategy

• Denmark’s EPA submitted a new phthalate strategy

• The new strategy may result in expanded restrictions and/ or

prohibitions on phthalates

• Denmark has already:

• prohibited all phthalates in toys and childcare articles for children under 3, and

• restricted DEHP, DBP, DIBP and BBP, above 0.1%, in products for indoor use and for direct contact with skin or mucous membranes

• The comment period ends 29 April 2013

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Proposed legislation on children’s jewelry

• Connecticut proposed an amendment to its Act

on cadmium in jewelry, to extend the prohibition

to keychains and extend the in force date to

1 October 2014

• New York proposed bills to restrict cadmium

and lead in children’s jewelry

• The cadmium bill would apply to substrate components in metal or plastic jewelry

• New York also proposed a bill to require children’s

jewelry to comply with ASTM F2923

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China enacts restrictions on heavy metals in jewelry

• China's AQSIQ issued GB 28480:2012, on heavy metals in

jewelry

• The standard applies to both adult and children's jewelry

• The mandatory standard restricts antimony, arsenic, cadmium,

chromium VI, lead, mercury, and nickel

• The standard comes into force on 1 May 2013

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Canada enacts Prohibition of Certain Toxic Substances Regulations, 2012

• The Regulations establish restrictions and prohibitions on the

manufacture, use, sale, offer for sale, or import of specified

toxic substances and products containing those substances,

including:

• Hexachlorobenzene (HCB): By-product of manufacture and use of chlorinated solvents

• Short-chain chlorinated alkanes (SCCAs): Used in metalworking fluids, paints, adhesives, rubber and plastic

• Polychlorinated naphthalenes (PCNs): Used in cable insulation, capacitors and gauge

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Environment Canada Guidelines on PBDEs

• Environment Canada issued Federal Environmental Quality

Guidelines (FEQGs) on polybrominated diphenyl ethers

(PBDEs)

• PBDEs are used as additive flame retardants in products

including upholstered furniture and imitation wood products

• The Guidelines quantify limits for specific PBDEs

in water, fish tissue, sediment, wildlife diets and

bird eggs

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10+ states have proposed legislation on flame retardants

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Connecticut• TRIS in children’s products

Massachusetts• Consumer products

Maine• TRIS as a chemical of concern

Maryland• TCEP in

children’s products

Missouri• Penta-, octa- and decaBDE

North Carolina• TRIS in children’s products

• Flame retardants in furniture

Vermont• Brominated flame retardants and

TRIS• Children’s products and furniture

Washington• TDCPP and TCEP in children’s

products and furniture

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EU amends azo colorant standards in REACH

• The EU amended REACH, to update the standards to be used

to demonstrate compliance with the Regulation's restrictions on

azo dyes

• The amendment cites:

• EN ISO 17234-1:2010 and EN ISO 17234-2:2011, on azo

colorants in leather

• EN 14362-1:2012, on azo colorants in textiles

• The amendments took force on 6 March 2013

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New Indonesian requirements for azo dyes & formaldehyde

• Indonesia's Regulation No.72/M-IND/PER/7/2012 took force 1

February 2013

• The Regulation prohibits formaldehyde in fabrics intended for

infant‘s and children’s apparel and restricts azodyes and

formaldehyde in fabrics intended for infant‘s and children’s

apparel

• Fabrics for infant‘s and children’s apparel must comply with SNI

7617:2010

• Compliant products must bear the SNI Mark

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AAFA updates its Restricted Substances List

• AAFA published the 12th edition of its RSL

• The RSL is global in scope

• The RSL covers apparel, footwear and

home textiles

• The updated RSL reflects changes spurred

by REACH and state and international

regulations

• It is available in four languages – English,

Chinese, Vietnamese and Spanish

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California proposes Safer Consumer Products Regulations

• California’s DTSC opened a comment period on the revised proposed Safer Consumer Products Regulations

• The proposed Regulations establish a process for identifying and prioritizing consumer products and their chemicals of concern

• The comment period closed 28 February 2013

• Comments were received by stakeholders including AAFA, ACC, AHAM, DuPont, GCA, Intertek, OPEI, Procter & Gamble, Sierra Club, TIA, Unilever and many others

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Connecticut bill on chemicals of concern in children’s products

• Connecticut’s House is considering a bill to establish An Act Concerning Children’s Products and Chemicals of High Concern

• The bill would apply to consumer products designed or intended for children under 12, including apparel, furniture, jewelry and toys

• The bill would establish a list of priority list of CHCCs, similar to lists in Maine and Washington State

• The bill would require reporting of intentionally-added CHCCs in children’s products

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Delaware bill on chemicals of concern in consumer products

• Delaware’s House is considering a bill to establish An Act Relating to Chemicals in Consumer Products

• The bill would apply to products for residential or commercial use, including the component parts or packaging, sold for indoor use in a residence, childcare facility or school, or for outdoor use, if a child or pregnant woman may have direct contact with the product

• The bill would establish a list of high priority chemicals of concern

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Oregon bill on chemicals of concern in children’s products

• Oregon’s House is considering a bill to establish An Act Relating to High Priority Chemicals of Concern for Children's Health

• The bill would apply to products designed or intended to help a child with sucking or teething to facilitate sleep, relaxation, or feeding, or to be worn by a child

• The bill would establish a list of high priority chemicals of concern, similar to the list in Washington State

• The bill would require reporting of intentionally-added high priority chemicals of concern in children’s products

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Massachusetts bill to establish safer alternatives to chemicals

• The Massachusetts Senate is considering a bill to establish An Act Relative to Healthy Families and Businesses

• The bill would apply to consumer products, meaning products sold for residential or commercial use, including components, parts, and packaging

• The bill would ensure the substitution of priority chemical substances used in consumer products and in the workplace with the safest feasible alternatives

• The bill would require regulations designating priority chemical substances, as well as notification by businesses of their use of said chemicals

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Vermont bill on toxic substances in children’s products

• Vermont’s Senate is considering a bill to establish An Act Relating to the Regulation of Toxic Substances

• The bill would apply to children’s products, defined to mean consumer products intended for use by children, like apparel, baby products, car seats, personal care products and toys

• The bill would establish a list of high priority chemicals of concern, with reference to other states’ lists

• The bill would require the Secretary of Natural Resources to designate at least 2 priority chemicals by 1 July 2015

• The bill would require notification of the presence of priority chemicals in children’s products

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US Senate considers bill to reform TSCA

• The US Senate is considering The Chemical Safety Improvement Act

• The bill is intended to protect the health of people and the environment from unmanaged risks from chemicals

• The bill would reauthorize and modernize the Toxic Substances Control Act (TSCA)

• The bill would establish a chemical assessment framework, including prioritization screening and testing of chemicals

• The bill would provide for resources to ensure EPA’s ability to implement and enforce its provisions

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Taiwan proposes chemical control act amendments

• Taiwan’s EPA notified the WTO of a proposed amendment to its Toxic Chemical Substances Control Act (TCSCA)

• The proposal would adopt a chemicals registration scheme, requiring industries to submit information on manufactured or imported chemicals in the market

• The proposal would provide for alignment of the Taiwanese approach with those of other countries, such as the EU’s REACH Regulation

• The comment period ended 31 March 2013

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Canada updates its Domestic Substances List

• Environment Canada continues its DSL inventory

• The agency seeks information from manufacturers or importers of products containing listed substances, at levels exceeding specified limits, whether:

• alone, in a mixture, in a product; or• in a manufactured product that is:

• intended to be used by children under 6;• intended to come into contact with mucous membranes;• Intended to be released during conditions of use;• in specified food contact articles; and/ or• in apparel, footwear; home textiles; furniture, or home

furnishings

• Reports are due 4 September 2013

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UNEP Global Chemicals Outlook

• UNEP issued a report, Global Chemicals Outlook, to inform governments and industry on trends in chemicals production, use and disposal

• The report also offers policy advice aimed at meeting the 2020 goal of using and producing chemicals so as to mitigate adverse effects on human health and the environment

• The report outlines:

• trends in chemical production, trade and use;• economic implications of those trends; and • approaches for sound management of chemicals

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EU reports on restricted substances in EEE

• The EU’s DG Environment launched a stakeholder consultation to review the list of restricted substances in RoHS 2

• RoHS 2 lists the following priority substances:

• hexabromocyclododecane (HBCDD), • bis (2-ethylhexyl) phthalate (DEHP),• butyl benzyl phthalate (BBP) and • dibutyl phthalate (DBP)

• The consultation also lists tetrabromobisphenol A (TBBP-A)

• The comment period ended 10 March 2013

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Argentina proposes framework for WEEE

• The Argentine Senate is considering a bill to establish a framework for the management and control of WEEE

• The bill would apply to a wide variety of WEEE, including batteries, computers, cellphones and lamps

• The bill would require WEEE, currently discarded as household waste, to have separate pickup, recycling, treatment and disposal

• The bill would also restrict cadmium, hexavalent chromium, lead mercury, polybrominated biphenyls (PBBs) and polybrominated diphenyl ethers (PBDEs), within 2 years of entering into force

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China issues Road Map on mercury in lamps

• China issued a “Road Map” by which it plans to gradually reduce the mercury content of fluorescent lamps

• The Road Map applies to circular fluorescent lamps, compact fluorescent lamps (CFLs), induction lamps and straight tube fluorescent lamps

• The Road Map outlines three stages to reduce the mercury level in fluorescent lamps, starting 31 December 2013 and ending 31 December 2015

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Denmark proposes amended mercury prohibition

• The Danish EPA proposed a Draft Order to amend its 2009 prohibition on the import, sale, export and use of mercury and mixtures and products containing mercury

• The proposed Order would:

• prohibit mercury from being imported, sold or exported;• limit mercury to 100 ppm, in homogeneous constituent parts of a

product; and• limit mercury to 100 ppm in mixtures.

• The proposed Order also lists mercurial mixtures and products permitted for import, sale and export, including mercury tilt switches and special electrodes

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New York bills on light bulbs

• New York’s Senate is considering a bill to establish restrictions on mercury in lamps

• The bill applies to compact fluorescent lamps (CFLs), straight fluorescent lamps and nonlinear fluorescent lamps, with added mercury or mercury compounds

• New York’s Assembly is considering a bill to establish restrictions on lead and mercury in lamps, as well as energy efficiency requirements for lamps

• The bill applies to general purpose lamps (e.g., lamps, bulbs, tubes or other devices that provide illumination for residential and commercial use)

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EU opens consultation on lead in consumer articles

• ECHA opened a public consultation on a proposed restriction of lead and its compounds in consumer articles

• The proposal would apply to products supplied to the general public which can be placed in the mouth by children

• The proposal would establish a limit of 0.05% lead by weight (expressed in metal)

• The proposal was put forward by Sweden in January 2013

• Comments may be submitted through 9 September 2013

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List of SVHCs under REACH now totals 138

• In December 2012, ECHA added a number of chemicals to its Candidate List of Substances of Very High Concern for Authorisation, per the REACH Regulation

• Newly-added SVHCs include:

• 4-Aminoazobenzene;• Decabromodiphenyl ether (DecaBDE);• Dibutyltin dichloride (DBTC);• Dimethyl sulphate; and• Lead monoxide (lead oxide)

• The List of SVHCs now totals 138

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Prop 65 60-day notices in Q1 2013

• California’s Attorney General received 374 60-day notices in Q1 2013

• TDCCP was the most-notified chemical, with 158 notices

• The product most notified against was upholstered furniture, allegedly containing TDCCP and Di(2-ethylhexyl)phthalate (DEHP), with 186 notices

• DEHP was the second-most notified chemical, with 64 notices

• 31 of those were for vinyl furniture• 29 were for hand tools• 14 were for eyewear and sunglasses

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Recalls in Q1 2013

• CPSC announced 80 product recalls; none of these was due to chemical hazards

• The EU announced 155 RAPEX notifications due to chemical risk, including:

• art materials and toys containing excess DBP and DEHP;• cosmetics containing excess mercury;• gloves containing excess chromium (VI);• jewelry containing excess cadmium and nickel;• tattoo ink containing excess benzo(a)pyrene (BaP);• tire repair kits containing excess benzene and toluene; and• toys containing excess azo dyes

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Recalls in Q1 2013

• Health Canada announced 3 recalls due to chemical hazards:

• coffee makers containing excess lead;• cosmetics containing excess mercury;• mineral kits containing asbestos

• Australia’s ACCC announced 80 recalls; none of these was due to chemical hazards

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CPSC issues requirements for third-party labs & lead

• CPSC issued a final rule, 16 CFR 1112, establishing requirements for third-party laboratories accredited to test children’s products for compliance with CPSIA

• The final rule also specifies that CPSC will allow laboratories to utilize X-ray fluorescence (XRF) to assess compliance with CPSIA’s restrictions on lead in substrates

• The appropriate tests are outlined in the rule:

• CPSC–CH–E1001–08.3• CPSC–CH–E1002–08.3

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