The US does not have a federal law equivalent to the EU's RoHS Directive, but several states have adopted laws that incorporate or are similar to RoHS. California and New Jersey require RoHS compliance for some electronic products. Several other states require manufacturers to disclose whether their products comply with RoHS. Additionally, some states have restrictions on mercury in batteries, lead and phthalates in children's products, and bisphenol-A and brominated flame retardants in certain children's products. At the federal level, the Consumer Product Safety Commission and Environmental Protection Agency regulate hazardous substances in consumer products, though their authority is more limited than the EU's RoHS Directive.

1. |1
US Regulation of
Hazardous Substances:
A Patchwork
January 2013

2. |
The US & its approach to EU RoHS
• US does not have a federal law similar to the EU RoHS
Directive, 2002/95/EC
• However, state and federal law restricts mercury in
batteries and lead and phthalates in children’s products
• New Jersey & California require RoHS compliance for a
limited number of electronic products, and several other
states require manufacturers to disclose whether their
products comply with EU RoHS
• A number of states have also adopted laws banning
bisphenol-A in certain children’s products and several
states have also enacted restrictions on brominated
flame retardants

3. |
State Laws Incorporating EU RoHS
California
• Adopted regulations under SB 20 banning the
sale of video displays that do not comply with the
heavy metal restrictions adopted by the EU in its
RoHS Directive, 2002/95/EC
• Regulations are written to automatically
incorporate amendments to the EU RoHS
Directive in so far as they apply to the products
and heavy metals already regulated in California

4. |
New Jersey
• Has also adopted legislation & implementing
regulations prohibiting the sale of new computers,
monitors and televisions that do not comply with the
heavy metal limits in the RoHS Directive,
2002/95/EC, or any amendments to those limits
Indiana & Minnesota
• Video display manufacturers must include in their e-
waste registration a statement declaring whether
displays sold to households exceed the EU RoHS
limits for lead, mercury, cadmium, hexavalent
chromium, PBBs and PBDEs, or that the
manufacturer has received an exemption

5. |
Illinois
• Manufacturers of computers, monitors, televisions
and printers must include with their e-waste
registration a statement disclosing whether any
computer, computer monitor, printer, or television
sold in the State exceeds the maximum
concentration values established for
lead, mercury, cadmium, hexavalent
chromium, polybrominated biphenyls (PBBs), and
polybrominated diphenyl ethers (PBDEs) under
the RoHS Directive or that the manufacturer has
received an exemption for the covered products

6. |
New York
• Manufacturers of computers, peripherals, small
electronic equipment, small servers and
televisions must disclose whether the devices
exceed the limits for lead, mercury, cadmium,
hexavalent chromium, PBB, and PBDE under the
RoHS directive
Wisconsin
• Manufacturers of video displays, computers &
printers must disclose whether their devices
comply with the EU RoHS directive or a
successor directive

7. |
Rhode Island
• A manufacturer submitting its own takeback plan
must include a statement disclosing whether any
video display devices sold exceed the EU RoHS
limits for lead, mercury, cadmium, hexavalent
chromium, polybrominated diphenyls (PBBs), and
polybrominated diphenyl ethers (PBDEs) or the
manufacturer has received an exemption
Other States
• Several states have introduced separate
restrictions on brominated flame retardants

8. |
New York
• Manufacturers of computers, peripherals, small
electronic equipment, small servers and
televisions must disclose whether the devices
exceed the limits for
lead, mercury, cadmium, hexavalent
chromium, PBB, and PBDE under the RoHS
directive
Wisconsin
• Manufacturers of video displays, computers &
printers must disclose whether their devices
comply with the EU RoHS directive or a
successor directive

9. |
Federal Restrictions
• Consumer Product Safety Commission is
responsible for restricting consumer products that
pose an unreasonable risk of injury to the public
under the Consumer Product Safety Act and
Consumer Product Safety Improvement Act
• Toxic Substances Control Act (TSCA) authorizes
the Environmental Protection Agency (EPA) to
restrict the production or use of chemicals that
pose an unreasonable risk to human health or the
environment
• Unlike RoHS, TSCA restrictions apply to the
processing, handling and use of hazardous
chemicals

10. |
Federal Consumer Product Safety
• Unlawful to sell consumer products that pose an
unreasonable risk of harm to the public, including
harm from hazardous chemicals
• In general, CPSC regulations require only
warning labels or safety instructions, but the
CPSIA specifically limits the concentration of lead
and phthalates in children’s products
• EPA does not plan on regulating the use of
BPA, numerous states have banned the use of
BPA in child feeding and drinking products.
• The FDA also issued a ban on BPA in infant
bottles in June 2012

11. This presentation is based on a white paper by
Compliance & Risks
‘US Regulation of Hazardous Substances: A
Patchwork’
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10/05/2013

12. |12
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