2021 trends us state legislation

© Copyright 2019 Chemical Watch (CW Research Ltd)

US state legislation 2021 trends

14 September 2021


Speakers

Nhat Nguyen is one of Chemical Watch’s global regulatory and business strategy experts. He is a US licensed attorney. Prior to joining Chemical Watch, Nhat has a broad range of experience advising customers on various legal, business and compliance issues in Asia Pacific, the EU and the US.

Nhat NguyenChief Analyst Chemical Watch


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Current and upcoming trends

● Review of 2021 activities

● Hot issues for 2022 and beyond

Agenda


Topics • Chemical management issues

• chemical restrictions• labelling

• Product bans

• Extended producer responsibilities (EPR)

• Product stewardship• Circular economy


Sectors

• Automotive, engineering

• Built materials (construction materials)

• Chemicals

• Children’s products & toys

• Cleaning products (e.g detergents, disinfectants, home care products, etc.)

• Cosmetic & personal care

• Electrical & electronics



By the numbers

Total bills State Federal

Proposed* 400 30

Pending** 312 30

Died 18 0

Delivered to the executive** 63 0

Vetoed 2 0

Awaiting executive action*** 0 0

Passed 68 0

*Some of these are companion bills in both chambers which would only result in a single law

** Includes all bills sent, signed and vetoed

*Executive refers to the governor (for state bills), president (for federal bills)



By the numbers

Total bills 2021 2020

Proposed* 400 299

Pending** 312 -

Died 18 256

Delivered to the executive** 63 -

Vetoed 2 4

Awaiting executive action*** 0 -

Passed 68 39

*Some of these are companion bills in both chambers which would only result in a single law

** Includes all bills sent, signed and vetoed

*Executive refers to the governor (for state bills), president (for federal bills)


State bills



Top state activities State All Active Died Passed

New York 49 47 0 2

California 33 19 1 13

New Jersey 33 33 0 0

Massachusetts 24 24 0 0

Oregon 20 15 0 5

Connecticut 19 18 0 1

Maine 17 1 7 9

Maryland 14 7 2 5

Hawaii 13 12 0 1

Illinois 11 9 0 2

Wisconsin 11 10 0 1


Chemicals Top mentioned chemicals: Total bills

PFAS 129 Phenol 23 Lead 18 Formaldehyde 13 Mercury 13 Toluene 10 Styrene 9 1,4-dioxane 8 Bisphenol A (BPA) 8 Cadmium 8 Chromium 8 Glyphosate 8 Perfluorooctanoic acid (PFOA) 8

Top mentioned chemicals(passed into law)

no. of legislations

PFAS 16 Perfluorooctanoic acid (PFOA) 3 Lead 3 Inorganic chemicals 2 Organic chemicals 2 Perfluorononanoic acid (PFNA) 2 Trichloroethylene 2


Topic trends

• Chemical restrictions

• Product bans

• Animal testing ban

• Extended producer responsibility

• Recycling / waste requirements


PFAS Ban in firefighting foam

Types of ban 2021 laws Existing state laws

Usage in training & testing

Arkansas (2022), Connecticut, Illinois (2022), Louisiana, West Virginia (testing)

Colorado, Georgia, Kentucky, Maryland, Michigan (2023), Minnesota, New Hampshire, New York, Virginia,

Manufacture & sale

Nevada, Illinois (2025) California (2022), Colorado, New York, New Hampshire, Washington,

Use & discharge Connecticut (October 2021) Nevada

California (2022), Colorado, Georgia, Indiana, Wisconsin

Incineration Illinois New York


Other PFAS Ban in firefighting foam

States with bills passing at least one chamber

• Delaware

• North Carolina (use in testing & training)

• Ohio (use in testing & training)

• Pennsylvania (use in testing & training)


PFAS Ban in food packaging

• Manufacture, import, sale:• California (effective 1 January 2023)

• Bans PFAs in paper food packaging• Requires disclosure of intentionally added

chemicals in cookware on a website by 2023 and on the label by 2024

• Connecticut (effective 1 January 2024) - “any package or packaging component… applied to or in direct contact with any food or beverage”

• Vermont - ban PFAS in all packaging that comes into contact with food

In 2020 - New York bans PFAS in paper, paperboard or fibrous packaging materials (effective 1 January 2022)

Maryland requires state agency to study effect of PFAS in packaging materials


PFAS Ban in food packaging

• Other states with similar bills:• Iowa,• Maryland• Minnesota, • Michigan, • New Jersey, • Rhode Island, • Vermont, • Virginia,• Wisconsin


PFAS ban in other products

• Maine• 1 January 2023 - Ban PFAS in carpet or rug and fabric treatment

• Vermont• Ban PFAS in carpet or rug, fabric treatment and ski wax• State agency to implement the ban• Designate additional chemicals to lthe list of the existing of chemicals of high concerns to

children• PFHxS (perfluorohexane sulfonic acid)• PFHpA (perfluoroheptanoic acid)• PFNA (perfluorononanoic acid)


Polystyrene / styrofoam ban

Ban on distribution of styrofoam food containers in 2021:

● Colorado (January 2024)

● Virginia (2023 - large food chains, 2025 - all food retailers)

● Maine passed a bill in 2021 to clarifies exemptions and definition of serviceware

*Municipalities (cities & counties) in California have also banned these products

Existing state laws:

● District of Columbia (DC),

● Maine* (January 2021)

● Maryland (October 2020)

● New Jersey (May 2022)


Organohalogen flame retardant in electronic display

• A New York bill passed both houses in June• Manufacturers must disclose flame retardant

chemicals used in the display (1 year after effective date)

• No electronic display (greater 15.5 square inches) may contain organohalogen flame retardants in electronic display by 2024

• Washington state• Dept of Ecology considers a similar ban under its Safer

Products Program


Animal testing ban for cosmetics

• Hawaii, Maine, Maryland - (effective January 2022)• Virginia

• Animal testing ban (effective January 2022)• Ban on cosmetic products which tested on animals

after 1 January 2011 (effective July 2022)

• New Jersey - passed by both houses (not yet signed into law)

California, Illinois and Nevada have adopted similar ban in 2020

https://chemicalwatch.com/294358/hawaii-bans-animal-testing-for-cosmetic-ingredients

https://chemicalwatch.com/274592/maryland-bans-animal-tested-cosmetics

https://chemicalwatch.com/70517/california-cosmetics-animal-testing-bill-becomes-law

https://chemicalwatch.com/78330/illinois-passes-bpa-in-receipts-and-cosmetics-animal-testing-bills

https://chemicalwatch.com/78642/nevada-adopts-cosmetics-animal-testing-ban


Ban of certain chemicals in cosmetics

• Maryland (HB0643)- (effective January 2025) - Ban the intentional use of:

• Phthalates (DBP, DEHP)• Formaldehyde, paraformaldehyde• Mercury• Methylene Glycol• Quarternium-15• Parabens (isobutyl, isopropyl-)• m-Phenylenediamine (MPD), o-Phenylenediamine

(OPD)• PFAS*, PFOS, PFOA

*See list of 13 PFAS chemicals

California’s prohibited these substances in 2020 (effective January 2025)

https://chemicalwatch.com/234638/maryland-advances-cosmetics-bills-to-ban-certain-ingredients-animal-testing

https://mgaleg.maryland.gov/2021RS/bills/hb/hb0643T.pdf


Extended producer responsibility

• Washington (SB5022) • Registration - 1 April 2022 - Producers of all covered products

• Plastic trash bag, plastic beverage containers, household cleaning and personal care products in plastic containers

• Reporting - 1 April 2024 - Producers of covered products must submit annual report

• Recycling target• 1 January 2023, plastic beverage containers and trash bags• 1 January 2025, plastic packaging for household cleaning personal

care products• 1 January 2018, plastic milk and wine beverage



• Maine • Producers may not sell a product contained, protected, delivered,

presented or distributed in or using packaging material unless they

• Establish or join an established stewardship organisation (PRO)

• Annually report to the stewardship organisation the amount of packaging materials used/sold

• Pay a fee determined by the local government through the PRO



• Oregon• Covered products - packaging, printing and paper, serviceware • Exempted products - bound books, liquified petroleum gas containers,

napkins, packaging for medicine, pallets, paint containers, packaging for toxic hazardous products, etc.

• Producers of these products must• Must register with and be a member of a producer responsibility

organization (PRO)• Pay a fee to the PRO


What are the trends for 2022?

• Similar or increase level of activities at the state level

• Continuation of chemical restrictions and/or product bans

• Expansion into other states or other products

• Circular economy and extended producer responsibility

issues

• Recycling marking

• Verification of packaging claims


US state legislation trend

Nhat Nguyen

E [email protected]

Chief Analyst

2021 trends us state legislation

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