1

Chemicals Quarterly

Q4 2016

Presented by Stacey Bowers, MILS8 February 2017

2

California Safer Consumer Products update

• California's Department of Toxic Substances Control (DTSC) is considering:– Aquatic impacts from continued uses of nonylphenol ethoxylates and

triclosan;– Health and safety impacts of chemicals in nail products and– Perfluoroalkyl, polyfluoroalkyl substances (PFASs) in carpets, rugs,

upholstered furniture• DTSC is also considering comments on its Draft Alternatives

Analysis Guide• DTSC will host a day-long workshop to facilitate stakeholder

engagement on 2 March 2017

3

New York Bill SB 378 on lead in holiday decorations

• New York State considering SB 378, An Act to amend the public health law, in relation to holiday decorations containing lead

• Applies to "holiday decorations“: artificial Christmas trees, plants, flowers/ wreaths, lights, stockings, candles, figurines, bells

• On each holiday decoration that:– Has paint or similar surface-coating material thereon; or– Is made of any plastic material, such as polyvinyl chloride, which

contains more than .06 of 1% of metallic lead,• Warning label shall state: "WARNING: CONTAINS LEAD. MAY BE

HARMFUL. MAY GENERATE DUST CONTAINING LEAD."

4

EEC amended regulation on packaging safety

• Eurasian Economic Commission (EEC) approved amendments to Regulation on the safety of packaging– Reduction of formaldehyde, acetone, harmful substances in packaging– Determines methods to detect harmful substances

• Set limits of concentrations of metals in packaging:– Lead: 0.03 mg per cubic decimeter (dm3);– Nickel and chromium: 0.1mg/dm3; and– Arsenic: 0.05 mg/dm3

• Part of EEC's program of standardization across member states: Armenia, Belarus, Kazakhstan, Kyrgyzstan, Russia

5

EEC enacts ‘RoHS’

• Eurasian Economic Commission (EEC) enacted Technical Regulation on Restriction of Hazardous Substances in Electrical and Electronic Equipment

• Aligned with EU Directive 2011/65/EU on the Restriction of Hazardous Substances (RoHS)– Protects the environment and human health and safety– Establishes requirements for allowable concentrations of lead, mercury,

hexavalent chromium, cadmium, polybrominated biphenyls, polybrominated diphenyl ethers in electronic and electrical products

• Entry into force is 1 March 2018

6

Colombia enacts Decree on mercury in products

• Colombian Ministry of Commerce, Industry and Tourism enacted Decree No. 2133/2016 to establish control measures for importation, sale of mercury, mercury-containing products– Includes mercury sulphates, organomercury compounds, batteries

(electrical, mercuric oxide, cylindrical, manganese dioxide, alkaline, silver oxide, button with mercury content greater than 2%)

• To import/market listed products, must register with Ministry• Entered into force 22 December 2016

7

Mexico draft official standard on mercury, cadmium in batteries

• Draft Mexican Official Standard PROY-NOM-212-SCFI-2016: Primary cells and primary batteries - Maximum permissible mercury and cadmium limits - Specifications, test methods and labeling

• Establishes maximum permissible mercury and cadmium limits, and battery labeling requirements

• Does NOT cover cells, batteries marketed as part of electronic/ electrical product

8

Swedish analysis of chemicals in electronics

• Swedish Chemicals Agency, Kemi, shows that frequently, inexpensive consumer electronics contain banned chemicals

• Kemi analyzed 154 electrical/ electronic low-price products– Analyzed products: Headphones, bicycle lamps, USB connectors– Total of 84 companies’ products inspected

• Excessive levels of banned chemical substances found in 58 products (38%)

• High levels of lead found in solder joints inside several products• Several plastic parts contained phthalates

9

Europe proposed regulation of PFOA

• European Commission is considering a Draft Commission Regulation amending Annex XVII to REACH as regards perfluorooctanoic acid (PFOA), its salts and PFOA-related substances

• Restricts manufacturing, use, placing on market of PFOA, its salts, PFOA-related substances as substance on its own, as constituent of other substances, in mixtures, in articles/ part, in concentration equal to/ greater than 25 ppb of PFOA or 1000 ppb of one/ combination of related substances

10

Europe proposed regulation on lead in PVC

• Proposal to restrict lead compounds in PVC, PVC articles stabilized with lead compounds

• Restriction may be broad or specific• European Chemicals Agency (ECHA) committees performing

conformity check• Dossier available on website to increase transparency, help

stakeholders prepare for six-month public consultation• If it passes, public consultation expected February 2017

11

ECHA case studies on substitution of hazardous chemicals

• European Chemicals Agency (ECHA) published two case studies promoting benefits of substituting hazardous chemicals– Adidas shares best practice from working with supply chain to replace

per- and polyfluorinated chemicals (PFCs) in sporting goods– INERIS, French National Competence Centre for Industrial Safety and

Environmental Protection, present website supporting companies trying to substitute bisphenols

12

Canada issues Ministerial Condition on 1,2-cyclohexanedicarboxylic acid, 1-butyl 2-(phenylmethyl)

ester

• Canada's Minister of the Environment, Minister of Health issued Ministerial Condition calling for manufacturers to stop using 1,2-cyclohexanedicarboxylic acid, 1-butyl 2-(phenylmethyl) ester in:– Toys/ child care articles;– Cosmetics/ drugs or– Natural health products

13

Canada recommendation of 2-(2-methoxyethoxy) ethanol in surface coating materials

• Canada recommended surface coating materials contain total concentration of 2-(2-methoxyethoxy) ethanol (DEGME) not to exceed 10,000 mg/kg when wet sample is tested in accordance with method conforming to good laboratory practices

• Applicable to consumer products surface coating materials containing DEGME

14

Canada proposed amendment regarding ozone-depleting substance

• Environment Canada Proposed Amendment to the Ozone-depleting Substances and Halocarbon Alternatives Regulations

• Reduce supply of HFCs entering Canada, demand for HFCs in products, thereby averting future HFC releases into environment:– Reduce Canadian GHG emissions– Help limit global warming– Put Canada in position to ratify amendment to Montreal Protocol

• Combine phase-down of consumption of HFCs with prohibitions on import, manufacture of products containing HFCs above limit, including air conditioning equipment, refrigeration equipment, foam products, aerosols

15

Seventh Generation supports ingredient disclosure legislation

• Seventh Generation's Martin Wolf: Company will lobby for state, federal legislation to mandate chemical disclosure of products– New York, California expected to reintroduce passed failed bills– Reintroduction of federal Cleaning Product Right to Know Act also

expected in 2017

16

Costco stakeholders want more diligence regarding toxins

• Investors, consumers want Costco to improve efforts against toxic chemicals

• Group to deliver over 35,000 signed petitions from members, consumers concerned about Costco’s lack of comprehensive safer chemicals policy

• Costco to provide details on initiative to address toxic chemicals in products

17

Azo dyes found in dust

• Researchers from the from the University of Saskatchewan found azo dyes containing brominated compounds make up much dust in homes

• Azo colorants are used in textiles, from apparel to upholstered furniture

• Approximately 85% of brominated compounds found in dust samples from azo dyes

18

United States Senate Bill 342 on asbestos

• US Senate Bill 342, to amend Toxic Substances Control Act to ban "manufacture, processing, use, distribution in commerce, and disposal" of all forms of asbestos in any product

• Environmental Protection Agency (EPA) would have 18 months to promulgate implementing rule

19

Canada notice of intent to develop regulations respecting asbestos

• Canada's Departments of Environment, Health sending notice that development of draft regulations to ban manufacture, use, sale, offer for sale, import, export of asbestos, asbestos-containing products

• Asbestos is currently managed under various federal acts and regulations– Consumer products made of asbestos or containing asbestos fibers are

prohibited and regulated under the Asbestos Products Regulations• The proposed regulations under CEPA 1999 would seek to further

manage and control asbestos and asbestos-containing products in Canada

• Expected to be published in Canada Gazette December 2017

20

Danish report on phthalate migration rates

• Denmark’s MST identified, discussed lack of correlation between migration rates and concentrations of phthalates in soft PVC articles

• Covered essential literature from 1998 to 2015, with focus on Denmark, the Netherlands, Austria, Sweden, Germany, Great Britain, Turkey, Canada, Japan, the US

• Recommended migration rates for calculation of risk of exposure to phthalates until further evidence available:– DEHP 10 µg/cm2/h– DINP 13 µg/cm2/h– DIBP 13 µg/cm2/h– DBP 13 µg/cm2/h– BBP 12 µg/cm2/h

21

New York Bill A 994 on phthalates in children’s products

• Prohibit person/ entity from manufacturing, distributing, selling toys/ child care products containing DEHP, DBP or BBP in concentrations greater than 0.1%

22

Consumer Product Safety Commission report and phthalate testing

• U.S. Consumer Product Safety Commission (CPSC) report, Exposure Assessment: Potential for the Presence of Phthalates in Specified Materials at Concentrations Above 0.1 Percent

• Examined 11 plastics for concentrations greater than 0.1% of 10 phthalates: DEHP, DBP, BBP, DINP, DIDP, DNOP, DIBP, DPENP, DHEP and DCHP– First six phthalates currently regulated in children’s toys, child care

articles– Others under consideration based on recommendations of Chronic

Hazards Advisory Panel• Found that nine plastics would not contain the specified phthalates

at levels greater than 0.1%• CPSC to evaluate whether to require third-party testing to assure

compliance with CPSIA

23

U.S. Food and Drug Administration amending food additive regulations

• U.S. Food and Drug Administration (FDA) amending food additive regulations

• Two perfluoroalkyl-containing substances that also repel oil/ water, no longer permitted in paper/ paperboard in contact with aqueous/ fatty foods

24

Draft guidance on infant formula, human milk food contact substances

• U.S. Food and Drug Administration (FDA) drafted guidance, Preparation of Food Contact Notifications for Food Contact Substances in Contact with Infant Formula and/or Human Milk

• Assist industry with preparation of food contact notification (FCN) submissions for evaluation of safety of food contact substances (FCSs) that will be in contact with infant formula and/or human milk

25

Europe: Migration of substances in tableware

• Food Additives & Contaminants: Part A, published article on formaldehyde and melamine migration from plastic, amino resin tableware– Studied 72 new pieces of tableware sold in Italy, 18 consumer-used

pieces– Select tableware articles measured again, after artificial aging

• European Union (EU) Specific Migration Limit (SML) exceeded for FA (15 mg/kg) or MA (2.5 mg/kg) in >20% of new tableware– Artificially aged selection: results showed that with low/ no visible signs

of deterioration, significant migration can still occur– EU SML exceeded only in one of used tableware articles; however, FA,

MA migration detected in > 60% of these pieces

26

Belgium regulation on coatings

• Belgian Federal Public Service (FPS) Public Health and Safety of the Food Chain and Environment released “Royal Decree on varnishes and coatings intended to come into contact with foodstuffs”

• Listed substances may be intentionally used in coatings meant to be in contact with food: – Substances in Annex I of Regulation (EU) No 10/2011 on plastics;– Substances approved by another EU Member State; – Substances approved by European Food Safety Authority (EFSA); – Substances that do not migrate to a detectable amount in food; and – Substances not classified as carcinogenic, mutagenic, toxic to reproduction (CMR),

NOT in nanoform• Global migration limit set to 10 mg per dm2• Specific migration limits should be followed unless unavailable, in which case,

individual migration should be set to generic specific migration limit of 60 mg/kg• Coatings, varnishes should be accompanied by Compliance Statement

27

Netherlands' amended Commodities Act Regulation now in effect

• Netherlands' amended technical requirements for food contact materials and articles, per Commodities Act Regulation, came into effect 1 January 2017

• Changes include:– Amending list of authorized substances for plastics, paper and

cardboards, metals, coatings;– Amending specific migration limit (SML) for some organic chemicals used

in plastic food contact materials (FCMs);– Amending SML for total zirconium compounds in plastics to become less

stringent;– Amending SML for zirconium in glass and glass ceramics to become less

stringent; and– Requiring use of 1.5% citric acid or foodstuff itself for specific migration of

zirconium in passivated metals; SML for zirconium in these food contact materials, articles now less stringent

28

Uruguay proposed regulation on food contact packaging, equipment

• Uruguay's proposal on plastic packaging and equipment that comes into contact with foodstuffs– Part I lists reference number, CAS number, substance, restrictions

and/or specifications for use, for additives used in manufacture of plastic packaging, equipment that come into contact with foodstuffs;

– Part II concerns products obtained through bacterial fermentation;– Part III covers specifications; and– Part IV contains notes on "Restrictions and/or specifications"

29

Algeria published Decree on food contact materials

• Algeria Executive Decree A 16-299 laying down conditions and terms of use objects and materials to be brought into contact with food as well as cleaning products of these materials– Products must be safe, not harm health, safety, consumer interests– Objects/ materials made from: Plastics including varnishes, coatings;

Regenerated cellulose; Elastomers, rubber; Ion exchange resins; Paper, cardboard; Ceramics; Glass; Metals, alloys; Timber including cork; Textiles; Paraffin waxes, microcrystalline waxes; Printing ink; Silicone; Glues

• Manufacturers, importers required to provide certificate of compliance issued by accredited organization, attesting compliance with requirements

• Labeling, presentation must meet requirements, must not mislead consumer

• Enter into force six (6) months after date of publication in Official newspaper

30

Chinese standard on additives in food contact materials published

• China's National Health and Family Planning Commission (NHFPC) released final version of GB 9685:2016, Standard for uses of additives in food contact materials

• Goes into effect 19 October 2017• Contains requirements for food contact materials made of enamel,

ceramic, glass, plastics (resin), paper/ paperboard, metal, painting/ coating, rubber, etc.

31

China National Safety Standards on food contact materials, articles

• China's National Health and Family Planning Commission (NHFPC) issued notice on 53 new, amended national safety standards on food contact materials, including:

– GB 4806.1:2016 National food safety standards for food contact materials and articles - General safety requirements

– GB 4806.3:2016 National Food Safety Standard enamels – GB 4806.4:2016 National Food Safety Standard ceramics – GB 4806.5:2016 National Food Safety Standard glassware – GB 4806.6:2016 National food safety standards for food contact plastic resin – GB 4806.7:2016 National food safety standards for food contact plastic materials and

products– GB 4806.8:2016 National food safety standards for food contact paper and board

materials and articles – GB 4806.9:2016 National food safety standards for food contact materials and metal

products – GB 4806.10:2016 Food safety standards for food contact coatings and coating – GB 4806.11:2016 Food safety standards for food contact materials and rubber products

32

European report on BPA in food contact materials

• Members of European Parliament (MEPs) support Environment Committee (Envi) report calling for ban of bisphenol A (BPA) in all food contact materials (FCM)

• Criticizes major gaps in European Union legislation• Calls for harmonized regulation for all FCMs• Priority given to paper, board due to high market penetration• Apply pressure to Commission to act

33

Mexico amended standards on heavy metals in ceramic- and glassware

• Mexico's Ministry of Health amended mandatory standard on lead and cadmium in glazed pottery, porcelain and glassware to NOM-231-SSA1-2016

• Consistent with international standards:– ISO 6486-1:1999, Ceramic ware, glass-ceramic ware and glass

dinnerware in contact with food - Release of lead and cadmium - Part 1: Test method; and

– ISO 6486-2:1999, Ceramic ware, glass-ceramic ware and glass dinnerware in contact with food - Release of lead and cadmium - Part 2: Permissible limits

34

New ECHA restrictions proposed

• European Commission (EC) requested European Chemicals Agency (ECHA) to evaluate elements of REACH Annex XVII restrictions on polycyclic-aromatic hydrocarbons (PAHs) in rubber/ plastic components of articles (entry 50) and lead in jewelry to support Commission in future reviews

• EC also requested ECHA to develop Annex XV restriction dossier for uses of octamethylcyclotetrasiloxane (D4) and decamethylcyclopentasiloxane (D5) in cosmetics products not covered by UK’s restriction proposal from April 2015

35

New Jersey bills on heavy metals in children’s products

• New Jersey bills, S2646 and A731, to prohibit sale of certain children's products containing lead, mercury, cadmium

• Apply to toys or play equipment designed/ intended solely/ primarily:– For care of/ use by children; or– To come into contact with children while being used

• Define "child" to mean under six years old• No person shall sell, offer for sale, distribute, import, manufacture

children’s products intended for use by child under 6 years containing/ composed of/ made with lead/ mercury/ cadmium

36

Canada proposes Consumer Products Containing Lead Regulations

• Part of Health Canada's Lead Risk Reduction Strategy for Consumer Products (LRRS), agency proposed Consumer Products Containing Lead Regulations

• Currently, no specific regulatory lead content limits for:– Products intended for use in learning or play for children between 3

years and under 14 years;– Children’s clothing and accessories and– Products whose primary purpose is to facilitate relaxation, sleep,

hygiene, carrying, transportation of child under 4 years• Would expand the scope of Consumer Products Containing Lead

(Contact with Mouth) Regulations to include total lead limit of 90 mg/kg for these products

37

Canada proposed amendment to Children's Jewelry Regulations

• Proposed amendments to the Children’s Jewelry Regulations would:– Replace current 600 mg/kg total lead limit and 90 mg/kg migratable lead

limit with 90 mg/kg total lead limit for all children’s jewelry items; and– Add limit of 130 mg/kg total cadmium for children’s jewelry items small

enough to be enclosed in small parts cylinder

38

European draft amendment on lead in toys

• On 17 October 2016, Council of the European Union (EU) decided not to oppose draft amendment of Directive 2009/48/EC, which would substantially strengthen limit values for lead in toys to:– 2.0 ppm in dry, brittle, powder-like or pliable toy material;– 0.5 ppm in liquid or sticky toy material and– 23 ppm in scraped-off toy material

• New evidence shows that level of protection against lead exposure afforded by provisions established in 2009 no longer adequate

• Council's assent strong indicator that amendment will be adopted, unless EU Parliament objects

39

EU requests opinion on aluminum in toys

• European Union issued Request for a Scientific Opinion on the Tolerable Intake of Aluminium with Regards to Adapting the Migration Limits for Aluminium in Toys

• Scientific Committee on Health and Environmental Risks (SCHER) is asked:– To review available data on toxicity of aluminum, taking into account

different tolerable intake levels for aluminum established by EFSA in 2008 and JECFA in 2011 and

– To advise on tolerable intake level for aluminum, based on most recent data, adapt migration limits for aluminum in Directive 2009/48/EC, taking account of exposure to aluminum from sources other than toys

• Preliminary opinion – May 2017• Final opinion – Autumn 2017

40

European Committee for Standardization updates standard on N-nitrosamines in toys

• The European Committee for Standardization (CEN) published 2016 edition of EN 71-12, Safety of toys - Part 12: N-Nitrosamines and N-nitrosatable substances

• Specifies requirements and test methods for N-nitrosamines and N-nitrosatable substances for:– Toys and parts of toys made from elastomers and intended for use by

children under 36 months, like balloons;– Toys and parts of toys made from elastomers and intended to be placed

in the mouth, like teethers and– Finger paints for children under 36 months

41

New York Bill A 1884 on formaldehyde in children's products

• New York Assembly proposed Bill A 1884, An Act to amend the environmental conservation law, in relation to banning formaldehyde in certain children's products

• Bill to ban formaldehyde from children's products

42

New York Bill SB 497 on formamide in children’s mats

• New York State's Senate Bill, SB 497, An Act to amend the environmental conservation law, in relation to prohibiting the manufacture, distribution and sale of children's foam mats containing formamide

• Applies to "foam mat products" (mats, pads, mattresses and cushions designed for use by children three years old/ younger, including mats, pads, mattresses and cushions used as or in connection with bedding, changing platforms, strollers and carriages, high chairs, car seats, play pens and toys)

• Beginning 1 December 2019, no person, firm, partnership, association, limited liability company, corporation shall sell/ offer for sale any foam mat product containing formamide

43

New York Bill S 1454 regarding toxic chemicals in children's products

• New York Senate Bill S 1454, Relates to regulation of toxic chemicals in children's products

• Establish interstate chemical clearinghouse, provide greater regulation of toxic chemicals in children's products

• Modeled after similar policies in Washington State, California and Maine, with more comprehensive regulations for chemicals in children's products rather than being on chemical-by-chemical basis

44

Vermont guidance on chemical disclosure for children's products

• Vermont's Department of Health updated “Guide for Manufacturers” and “Trade Secret Reporting Form” in connection with Chemical Disclosure Law

• First reporting period began 1 January 2017– Vermont's Department of Health released data submitted by 1 January

2017– List of all reported products, brand name, manufacturer name, model

number available• Next set of reports must be submitted by 31 August 2018, and

biennially thereafter

45

Washington State Children’s Safe Products Reporting Rule update

• Washington Ecology updated its Children’s Safe Products Act (CSPA) webpage– Includes slides, Q&A and attendees list from its January 2017 public

stakeholder webinar on the proposed reporting rule

46

Washington State report on chemicals in children’s products

• Non-Government Organization (NGO), Toxic-Free Future, analyzed data reported to state of Washington under Children's Safe Products Act (CSPA) and found that makers of kids’ products filed >5,300 reports showing products contain chemicals causing kids’ health concerns

• Chemicals include:– Toxic flame retardants reported by 16 companies– Hormone-disrupting phthalates reported by 31 companies– Cancer-causing formaldehyde, reported by 20 companies

• Most products reported are legal• At least two manufacturers may be violating state and/or federal law

47

Suffolk County, New York, ‘Toxic Toys Act’ stayed

• Toy Industry Association (TIA) announced a stay of enforcement for Suffolk County, New York’s Toxic Free Toys Act of 2015– Pending court decision on lawsuit filed by Safe to Play Coalition

• Suit was filed to ensure county– Adheres to federal, state requirements, exclusions and test methods;– Only relies upon CPSC-accredited laboratories; and– Will not pull safe, federally compliant toys & children’s products off store

shelves• TIA members encouraged to contact TIA’s Owen Caine with

questions/ concerns

48

Iceland enacted regulation on chemicals in toys

• Iceland's Ministry of the Interior enacted Regulation 863/2016 to amend Toy Safety Regulation 944/2014

• Changes particular substance limits in national Regulation• In harmony with European Union's (EU) Toy Safety Directives,

2015/2115, 2015/2116 and 2015/2117• Entered into force on 6 of October 2016

49

Turkey amends toy safety requirements to harmonize with European Union

• Turkey published new regulations for toys, adopted from European Union (EU), effective on April 4, 2017

• Important requirements include:– New requirements for chemical properties, including restrictions on

chemicals classified as carcinogenic, mutagenic or reprotoxic (CMRs)– Use of European (EN) standards for presumption of conformity– EC declaration of conformity (DOC)

50

Brazil amends technical regulation for toys

• Brazil's National Institute of Metrology, Quality and Technology (INMETRO) issued Ordinance No 563, 29 December 2016, to approve Technical Regulation for Toys

• Clarifies existing requirements under Toys Regulations, including chemical requirements, toxicological hazards and marking requirements

51

Korean proposed revisions on safety of children’s products

• Korean Agency for Technology and Standards (KATS) proposed three children's products for safety confirmation

• Draft revisions for safety confirmation for children's products include:– Toys:

• Addition of safety requirements for harmful chemicals and corresponding change in testing methods; and

• Addition of microbiological safety toys– “School things”: Reflection of revisions to toxic testing standard on

drugs, etc.

52

ASTM amends toy safety standard

• Updated standard to be published as ASTM F963:2016, Standard Consumer Safety Specification for Toy Safety

• Updates include:– Clarifications to requirements related to heavy elements in substrate

materials of toys;– Addition of optional, alternate test method for total screen testing and– Many other changes

53

Breast Cancer Fund report on kids' cosmetics

• NGO, Breast Cancer Fund's Campaign for Safe Cosmetics, issued report on chemicals in children's cosmetics, Pretty Scary 2: Unmasking toxic chemicals in kids’ makeup

• “[R]evealed the widespread presence of toxic chemicals in children's shampoos, lip balms, makeup, nail products and face paints"

• Per NGO:– Labels revealed hormone disrupting parabens, preservatives that

release formaldehyde;– Laboratory testing unmasked lead (neurotoxicant), cadmium (hormone

disruptor) in face paints; and– Laboratory testing revealed developmental toxicants like toluene and

possible carcinogens, such as ethylbenzene, vinyl acetate in fragranced products

54

Teething products found to contain toxins

• American Chemical Society study, Migration of Parabens, Bisphenols, Benzophenone-Type UV Filters, Triclosan, and Triclocarban from Teethers and Its Implications for Infant Exposure

• Found some teething products contain bisphenol-A (BPA), parabens, antimicrobials

• Substances restricted/ banned in US from personal care products, plastics

55

Maryland Bill H.B. 206, on child care products flame-retardants

• Maryland House Bill 206, An Act concerning Public Health – Child Care Products Containing Flame–Retardant Chemicals – Prohibition

• Would prohibit importation/ sale of child care articles, furniture containing flame-retardant chemicals

• Would take effect 1 October 2017

56

Maine proposes flame retardants as Priority Chemicals

• Maine Department of Environmental Protection proposed routine technical rule to designate two chemicals of high concern as priority chemicals and require reporting for certain product categories containing one/ more regulated chemicals

• Applies to manufacturers of specified product categories containing intentionally added decabromodiphenyl ether (decaBDE) or hexabromocylododecane (HBCD)

• Would clarify prevalence of such uses of listed flame retardants• Specified categories include: Electronic devices with displays,

children's products, textiles and furnishings

57

Duke University flame retardant report

• Dr. Heather Stapleton and researchers at Duke University collected 1,141 samples of foam from upholstered furniture, car seats, mattress pads and other children's products

• Found flame retardants in 68% purchased between 2005 and 2013• Only 38% of items bought after 2014 contained flame retardants

58

US final rule on formaldehyde in composite wood

• Environmental Protection Agency (EPA) implementing final rule, setting forth Formaldehyde Standards for Composite Wood Products Act, adding Title VI to Toxic Substances Control Act (TSCA)

• Reduce formaldehyde emissions from composite wood products

59

New Chinese ‘environmental labeling’ of textiles

• Chinese Ministry of Environmental Protection (MEP) issued new standard, HJ 2564:2016, Technical Requirements for Environmental Labelling of Textile Products

• Implements Chinese Environmental Protection Law, aims to minimize potential environmental and health effects of textile products

• Sets out requirements for hazardous substances used in manufacture of textile products

• Sets out various terminology & definitions, general principles, testing methods, technical content

• Material used for packaging should be recyclable, degradable• Entered into force 1 January 2017

60

South Korea draft revision of children’s products safety standards

• Korean Agency for Technology and Standards (KATS) notified that draft revisions of safety standards for children’s products have been revised

• Revisions include:– Addition of safety requirements of harmful chemicals (formaldehyde,

aryl amine) for textile products without separate standards;– Addition of electrical safety requirements for textile products for infants

including Li-ion batteries and safety requirement for nonylphenol and nonylphenol ethoxylate;

– Addition of safety requirements for harmful chemicals and corresponding change in testing methods and

– Addition of microbiological safety requirements for toys

61

Sustainability Accounting Standards Board proposes sustainability reporting requirements

• American Apparel & Footwear Association (AAFA) reports that Sustainability Accounting Standards Board (SASB) is developing industry-specific sustainability accounting standards designed for disclosure of material sustainability information in mandatory Securities and Exchange Commission (SEC) filings

• Standard allows for comparability and benchmarking between industry peers

• Disclosure topics include: Management of Chemicals in Products; Raw Materials Sourcing and Innovation; Labor Conditions and Environmental Impacts in Supply Chain

62

Microfibers may cause water pollution

• Patagonia commissioned a study which found 98% of plastics collected from 29 Great Lakes tributaries were microplastics

• Microfibers made up 71% of microplastics found• Possible that miniscule pieces of plastic textiles laundered, released

from washing machines, eventually ending up in waterways

63

NGOs want nanomaterials regulated

• December 2016, several non-governmental organizations (NGOs) released position paper regarding nanomaterials legislation, “Reset governance: Nanomaterials as a case study on negligence”

• Calls for European Union (EU) to develop legislation to address nanomaterials

• Specifically, those who signed ask for:– Harmonized nanomaterials regulation in regards to human health,

environmental protection for all potential uses of nanomaterials;– Include end-of-life management of nanomaterials;– Mandatory labeling of products containing nanomaterials;– Bio-monitoring of environment, public and workers and– REACH registrations featuring nano-forms to be placed on Community

Rolling Action Plan (CoRAP) list for evaluation

64

Environmental Protection Agency’s first ten chemicals for review per TSCA

• U.S. Environmental Protection Agency (EPA) announce first ten chemicals to be evaluated under Toxic Substances Control Act (TSCA) reform:

– 1,4-Dioxane– 1-Bromopropane– Asbestos– Carbon Tetrachloride– Cyclic Aliphatic Bromide Cluster– Methylene Chloride– N-methylpyrrolidone– Pigment Violet 29– Tetrachloroethylene, also known as perchloroethylene– Trichloroethylene

• Publication in Federal Register triggers statutory deadline to complete risk evaluations within three years

• If EPA determines unreasonable risk, must mitigate risk within two years• EPA must release scoping document within six months for each chemical

65

United States fast-tracks five chemicals per TSCA

• Environmental Protection Agency (EPA) requirements in Frank R. Lautenberg Chemical Safety for the 21st Century Act

• Five chemicals to receive expedited action:– Decabromodiphenyl ethers (DecaBDE) (flame retardant in textiles,

plastics & polyurethane foam);– Hexachlorobutadiene (HCBD) (manufacture of rubber compounds &

lubricants & as solvent);– Pentachlorothio-phenol (PCTP) (used as agent to make rubber more

pliable in industrial uses);– Tris (4-isopropylphenyl) phosphate (used as flame retardant in

consumer products & other industrial uses); and– 2,4,6-Tris(tert-butyl)phenol (used as fuel, oil, gasoline, lubricant additive)

• Deadline for EPA to propose action 22 June 2019

66

European Member States to evaluate 117 substances 2017-2019

• European Chemicals Agency (ECHA) proposal to update Community rolling action plan (CoRAP) for 2017-2019

• Member States planning to evaluate 117 substances (22 newly selected)• Final plan to be adopted March 2017• Chemicals include, not limited to:

– Antimony;– Butan-1-ol;– Carbon black;– Dioctyltin oxide;– Dipotassium tetraborate;– Potassium titanium oxide (K2Ti6O13);– Titanium dioxide;– Vinyl acetate;– Xylene and– Zinc oxide

67

Europe considers adding CMRs to REACH

• European Union (EU) notified of Draft Commission Regulation amending Annex XVII to REACH as regards CMR substances

• Would include following substances: tetrahydro-2-furyl-methanol, gallium arsenide, tributyltin compounds, [1,2-benzenedicarboxylic acid, dihexyl ester, branched and linear], 1,2-dichloropropane, bisphenol A, [phenol, dodecyl-, branched], [phenol, 2-dodecyl-, branched], [phenol, 3-dodecyl-, branched], [phenol, 4-dodecyl-, branched], [phenol, (tetrapropenyl) derivatives], chlorophacinone (ISO), warfarin (ISO), coumatetralyl (ISO), difenacoum (ISO), brodifacoum (ISO), flocoumafen (ISO), disodium octaborate anhydrous, [e-glass microfibers of representative composition], lead powder and lead massive, bromadiolone (ISO), difethialone, [perfluorononan-1-oic acid, and its sodium and ammonium salts], dicyclohexyl phthalate, 3,7-dimethylocta-2,6-dienenitrile, triflumizole (ISO).

• Final date for comments: 21 February 2017

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Europe updated harmonized standards per REACH

• Europe updated list of harmonized standards for jewelry and eyeglasses in Annex XVII of REACH

• Three harmonized standards are now:– EN 1811:2011+A1:2015, Reference test method for release of nickel

from all post assemblies which are inserted into pierced parts of the human body and articles intended to come into direct and prolonged contact with the skin

– EN 12472:2005+A1:2009, Method for the simulation of wear and corrosion for the detection of nickel release from coated items

– EN 16128:2015, Ophthalmic optics — Reference method for the testing of spectacle frames and sunglasses for nickel release

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Commentary on China’s RoHS2 Catalogue

• Paul Goodman expert commentary on likely result of Chinese Ministry of Industry and Information Technology’s (MIIT) China RoHS2 standards working group meeting in November 2016

• Types of products that are being considered for first China RoHS2 catalogue are: Refrigerators; air-conditioners, extractor hoods, washing machines, electric water heaters, gas water heaters, printers, copy machines, fax machines, TVs, monitors, microcomputers, mobile phones, phone sets– Batteries in scope, removable batteries must be separately marked

• Goodman discusses labeling for China RoHS logo, “green e” logo

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Taiwan draft revision RoHS

• Taiwan's Bureau of Standards, Metrology and Inspection (BSMI) Draft Announcement, on issuance of new standards for mandatory commodity inspection for 64 products, including: Air conditioning equipment, appliances, dehumidifiers, electric blankets, fans, electrical/ electronic equipment (EEE), electrical shavers, room air cleaners / purifiers, toasters, vacuum cleaners, water heaters

• Certificate holders must clearly mark "presence of restricted substance(s)" on product’s body, package, sticker or instruction book

• Restricted substances: Lead, cadmium, mercury, hexavalent chromium, PBDEs, PBBs

• Certificate holders must prove compliance with revised standards before 31 December 2017

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California notice of adoption on BPA warnings

• Office of Administrative Law approved rulemaking to replace its emergency regulations requiring warnings for food packaging containing bisphenol A (BPA)

• Maintains language from emergency regulation filed in April 2016, with some changes and additions

• Regular rulemaking effective 1 January 2017– Remains in effect until 30 December 2017, when businesses will need

to provide warnings pursuant to more general provisions of regulations– Adds new subsection, requiring businesses that choose to provide safe

harbor point-of-sale warning for BPA exposures from canned/ bottled foods to give Office of Environmental Health Hazard Assessment (OEHHA) list of products covered by warning, where BPA intentionally used in manufacture of can lining/ jar/ bottle seals

– OEHHA will post guidance on how to comply with new provisions

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California BPA database posted

• New database available for public to determine whether bisphenol A (BPA) intentionally used in manufacture of can, bottle cap, seal for food/ beverage product

• Businesses subject to Proposition 65’s warning requirements provided Office of Environmental Health Hazard Assessment (OEHHA) with information for products covered by Proposition 65 warning for BPA in canned/ bottled foods, beverages, posted at checkout stands in California

• List provides product names, descriptions, container sizes, Universal Product Codes (UPCs)

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Proposition 65 settlements

• Children's footwear: 0.1% by weight of DEHP and DBP• Universal car mounts: 1,000 ppm of DEHP • Craft wire: 100 ppm (0.01%) of lead • Paper towel holders: 0.1% by weight of DEHP• Hammers: 100 ppm of lead in their handgrips and/or accessible

surfaces • SPF products:

– As of June 1, 2018, no more than 50 ppm benzophenone – As of June 1, 2020, no more than 35 ppm benzophenone

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