Vermont, Connecticut, Massachusetts, Oregon, Idaho, and New York introduced bills to regulate or restrict chemicals of concern, especially in children's products. The European Union voted to establish new toy restrictions and a new toy standard. Several states considered restrictions on bisphenol A and phthalates in toys, food containers, and other children's products. Germany updated its FAQ on bisphenol A and the European Chemicals Agency adopted classification and labeling opinions on several chemicals including bisphenol A.

1. Chemicals Quarterly
Q1 2014
Presented by Stacey Bowers, MILS
Email: s.bowers@complianceandrisks.com
29 April 2014
1

2. Vermont bills on chemicals of high concern
• S.239, An act relating to the regulation of toxic substances
– Department of Health to identify and publish a list of chemicals of high
concern
– Manufacturer notification and replacement of chemicals
• H.744, An act relating to the regulation of toxic substances
– Toxic chemical identification and reduction program
– Secretary of Natural Resources would be authorized to designate a
chemical of high concern as a priority chemical
– Children’s products containing a priority chemical would be prohibited
from sale
2

3. Connecticut bills on chemicals of concern
• HB 5036, An Act Concerning Children’s products and chemicals of
high concern
• SB 126, An Act Concerning Children’s exposure to chemicals
• Commissioner of Public Health to identify chemicals of high concern
to children
• The list would include chemicals that meet
the following criteria:
– Biomonitoring studies
– Chemicals found to be present in household
– Chemicals listed in other states
3

4. Massachusetts bill on chemicals of concern
• HB 235, An Act for healthy families and businesses
• Would require recommendations for chemical substances to be
designated as priority chemical substances, and comments relative
to chemical action plans, safer alternatives assessment report and
creation of a chemical list
• The list would rely on other published authoritative lists
• The bill would reduce the presence of priority chemical substances
in consumer products and the workplace by promoting safer
alternatives to such substances
4

5. Oregon bill on high priority chemicals
• SB 1569 A Bill for an Act Relating to high priority chemicals of
concern for children’s health
• The bill would require the Oregon Health Authority to establish and
maintain a list of designated high priority chemicals of concern for
children's health used in children's products
• The bill would also require manufacturers of certain children's
products to provide notice to the Authority regarding chemicals on
the list
5

6. Idaho Resolution on chemicals of concern
• Idaho's Legislature issued a Concurrent Resolution encouraging
companies to avoid substances likely to be harmful and substitute
safer alternatives whenever feasible in household products,
especially those likely to be used by pregnant women and children
• The Resolution defines those substances to include phthalates,
mercury, perfluorinated compounds, bisphenol A (BPA) and the
flame retardant tetrabromobisphenol A
• It commends those Idaho companies voluntarily disclosing, reducing
or avoiding entirely substances likely to be harmful
6

7. New York bills to restrict chemicals in children's
products
• A 626, Creates the toxics information clearinghouse
– Publicly-accessible website, to list substances hazardous to public
health, safety or the environment that have been identified or listed as a
hazardous waste in regulations
• A 6328/S 4614, Relates to regulation of toxic chemicals in children's
products
– Prohibit the distribution, sale or offer of a children's product containing a
priority chemical that has been listed for at least one year
7

8. Washington Toxics Coalition report
• The Washington Toxics Coalition issued a report summarizing
manufacturers' reports to the state’s Department of Ecology
– There were 4,605 reports of Chemicals of High Concern to Children
– A total of 78 companies reported products containing harmful chemicals
– A total of 49 chemicals were reported including
formaldehyde, bisphenol A, parabens,
phthalates, heavy metals, and industrial
solvents
8

9. New EU toy standard
• EN 71-13:2014, Safety of toys - Part 13: Olfactory board games,
cosmetic kits and gustative games.
• Specifies requirements on the use of substances and mixtures and
in some cases on their amounts and concentrations
• These substances and mixtures are:
– those classified as dangerous by the EC-legislation applying to
dangerous substances, and dangerous mixtures;
– substances and mixtures which in excessive amounts could harm the
health of the children using them and which are not classified as
dangerous by the above mentioned legislation; and
– any other chemical substance(s) and mixture(s) delivered with the set.
• Specifies allergenic fragrances which are prohibited in toys
9

10. EU votes to establish new toy restrictions
• European Commission (EC) has voted in favor of establishing new
chemical restrictions for toys
• The proposals would establish limits of:
– mg/l of BPA, in accordance with EN 71-10:2005 and EN 71-11:2005;
– 5 ppm (content limit) each of TCEP, TCPP and TDCP
• Toys intended for use by children under 36 months or in other toys
intended to be placed in the mouth
• Nickel classified as "CMR 2“
• Restriction on its use to toys and toy components made of stainless
steel or toy components which are intended to conduct an electric
current
10

11. Arizona considers restrictions on BPA
• SB 1376, Relating to Products Containing Bisphenol A
• The bill would prohibit the sale or distribution of any "child container"
that contains BPA, starting 1 January 2016
• “Child container" to mean an empty baby bottle or spill proof cup
that the manufacturer intends to be used primarily by a person who
is five years of age or less
• The bill would also require manufacturers
to use "the least toxic alternative" when
replacing BPA
11

12. State bills on BPA in food and beverage containers
• New Jersey, Kentucky and Nebraska are considering bills on
Bisphenol A in reusable food or beverages containers
• The bills would prohibit the sale, offer or distribution of food or
beverage storage containers made with or composed of BPA
• The Nebraska bill would also prohibit manufacturers replacing BPA
with any substance containing carcinogens rated by the United
States (US) Environmental Protection Agency (EPA) as Group A, B,
or C carcinogens or substances listed on the agency's Office of
Pesticide Programs List of Chemicals Evaluated for Carcinogenic
Potential as known or likely carcinogens, known to be human
carcinogens, likely to be human carcinogens, or suggestive of being
carcinogens
12

13. Wisconsin Assembly re-introduces BPA
amendment
• The Wisconsin assembly has re-introduced AB 607, a bill originally
introduced in 2013
• Current law prohibits the manufacture or sale of any "child's
container" containing bisphenol A and requires labeling of such
containers to indicate they do not contain BPA
• The bill would expand this law to include "food containers"
13

14. Germany’s BfR updates its BPA FAQ
• The German Federal Institute for Risk Assessment (BfR) has
updated its frequently-asked-questions on bisphenol A
• The FAQ addresses questions such as:
– What are the effects of BPA?
– When is the final opinion of the European Food Safety Authority
(EFSA)?
– Are there alternatives to polycarbonate baby bottles?
– Can internal coatings of food and beverage cans contain BPA?
14

15. RAC delivers 16 CLH opinions, including BPA
• The European Chemicals Agency's (ECHA) Committee for Risk
Assessment (RAC) has adopted 16 new opinions for harmonized
classification and labeling (CLH) of 16 chemicals, including, but not
limited to:
– Bisphenol A (BPA)
– Direct blue FC 57087
– Hydroxyisohexyl 3-cyclohexene carboxaldehyde (HICC)
15

16. New York bill on BPA and phthalates
• The bill would prohibit any toy or child care product containing
bisphenol A, intended for use of a child under 14 years of age
• It would also restrict any toy or child care product containing any
individual phthalate or multiple phthalates in concentrations in
excess of 0.1%
• It would restrict products containing any individual phthalate or
multiple phthalates in concentrations in excess of 0.1%, intended for
use by a child under 14 years of age, when such a toy or product
may be placed in the child’s mouth
• Phthalates means DEHP, DBP, BBP, DINP, DIDP or DNOP
16

17. New York State considers BPA restrictions
• A6107 would prohibit sales or offering of liquids, foods and
beverages in containers, for children 3 or younger, containing BPA.
The bill would also prohibit the sale or offering of toys containing
BPA
• A5883 would prohibit the manufacture, distribution, sale or offer for
sale of any hot beverage lid product containing BPA
• A5978, would prohibit the sale or offer for sale
of any liquid, food or beverage in a can, jar or
other container containing BPA
17

18. New Jersey urges Congress to prohibit
phthalates and BPA
• New Jersey's Assembly issued a Resolution urging Congress to
enact legislation banning phthalates and bisphenol A (BPA) in
children’s products
• The Resolution states:
– A number of states have banned, or introduced legislation banning, the
sale, manufacturing, and distribution of toys, child care articles, baby
bottles, and food containers made with phthalates or BPA, but federal
legislation is needed to create a national standard for manufacturers,
retailers, and other distributors in order to respect interstate commerce
and nationally promote safer children’s products.
18

19. New Jersey bill on heavy metals in
children’s products
• A626, which would prohibit the sale, offer, distribution, import or
manufacture of any children’s product for use by a child under the
age of six containing, composed of or made with lead, mercury or
cadmium
• “Children’s product” means a product, including a toy or play
equipment, that is designed or intended solely or primarily for the
care of, or use by, a child; or to come into contact with a child while
the product is used
19

20. Hawaii bill on BPA and phthalates in toys
and child care articles
• S.B. No. 2573, to prohibit the manufacture, sale or distribution of
certain toys and child care articles
• The bill would prohibit any toy or child care article that is:
– Intended for use by a child under three years of age and contains
bisphenol A
– Contains di-2-ethyl hexyl phthalate, di-n-butyl phthalate, or butyl benzyl
phthalate in concentrations exceeding 0.1%;
– Intended for use by a child under three years of age, is small enough to
be placed in a child's mouth, and contains diisononyl phthalate,
diisodecyl phthalate, or di-n-octyl phthalate in concentrations exceeding
0.1%
20

21. Mississippi bill on cadmium, lead and phthalates
• Mississippi's Legislature is considering a bill which would restrict
children's products or product component containing:
– lead at more than .009% by weight (90 ppm), except as provided;
– cadmium at more than .004% by weight (40 ppm); or
– phthalates, individually or in combination, at more than 0.10% by weight
(1,000 ppm).
• The bill provides for a lower limit of .004% by weight (40 ppm) of
lead, if it’s determine it's feasible
• It applies to products such as toys, children’s cosmetics, children’s
jewelry, and child car seats
21

22. New York phthalate bill
• A 5925, Prohibits the manufacture, distribution and sale of toys and
child care products containing phthalates
• The bill would prohibit the manufacture, distribution, sale or offer for
sale of any toy or child care product containing di-isononyl phthalate,
di-iso-decyl phthalate or di-n-octyl phthalate in concentrations in
excess of 0.1%, intended for use by a child under three years of age
when such toy or product may be placed in the child's mouth
22

23. New Jersey bill on phthalates in jewelry
• The bill would prohibit the sale, offer for sale at retail, distribution,
import or manufacture of any jewelry containing, composed of or
made with any phthalates
• The bill would also require any manufacturer, distributor, or importer
of jewelry, who discovers that the jewelry contains, is composed of,
or is made with any phthalates, shall issue an immediate recall for
that jewelry
• “Phthalates" means DEHP, DBP, BBP, DINP, DIDP, DNOP or DnOP
and any other phthalate, as determined
23

24. US Senate considers expanded
phthalates restrictions
• S.2120, To expand the prohibition on the manufacture, distribution,
and importation of children's products that contain phthalates, and
for other purposes
• The bill, introduced by Senator Kirsten E. Gillibrand (D-NY), would
amend the Consumer Product Safety Improvement Act of 2008 to
expand CPSIA's restrictions on phthalates to include diisononyl
phthalate (DINP), diisodecyl phthalate (DIDP) and di-n-octyl
phthalate (DnOP), each of which would be limited to 0.1%
• These restrictions would apply to "children's products," rather than
to "children's toys or child care articles."
24

25. Phthalates under scrutiny in Maine
• The Alliance for a Clean and Healthy Maine has issued a report,
“Hormones Disrupted: Toxic Phthalates in Maine People,”
• Results showed that every one of the 25 men and women who
voluntarily participated had detectable levels of phthalates in their
bodies
• The report recommends designating phthalates as Priority
Chemicals under the Kid-Safe Products Act and requiring
manufacturers to publicly report which of their products contain
specific phthalates
• The report also recommends the use of phthalates should be
phased out in favor of safer alternatives
25

26. Danish Phthalates guidance document
• The Danish Environmental Protection Agency and a number of
industry associations have issued a guidance document on limiting
phthalates of concern in articles
• Phthalates of concern are the phthalates identified as Candidate
Substances of Very High Concern under the REACH Regulation
• The guidance is designed to support businesses in checking
whether they buy articles with phthalates of concern
26

27. Hong Kong’s 'Additional Safety Standards' for toys
• L.N. 17 of 2014, Toys and Children's Products Safety (Additional
Safety Standards or Requirements) Regulation
• The total weight of Class 1 phthalates, defined to include BBP, DBP
and DEHP, must not exceed 0.1% of the total weight of the
plasticized material in the toy or children's products
• The total weight of Class 2 phthalates, defined to include DIDP,
DINP and DNOP, must not exceed 0.1% of the total weight of
plasticized materials in the toy or children's products
• The Regulation also establishes restrictions on phthalates in toys or
children's products capable of being partly placed into the mouth of
a child under four years of age
27

28. RoHS2 Final Report
• Environment Agency Austria (Umweltbundesamt GmbH) has issued
its Final Report on the “Study for the Review of the List of Restricted
Substances under RoHS 2 Directive."
• Eight substances were identified as "highest priority," including:
– phthalates, DEHP, DBP, BBP and DiBP;
– chlorinated flame retardant, tris(2-chloroethyl)phosphate;
– brominated flame retardants, Hexabromocyclododecane (HBCDD) and
2,3-dibromo-1-propanol; and
– Dibromoneopentyl-glycol.
28

29. Maryland bill on flame retardants
• HB 229, to prohibit the import, sale or offer of certain children’s
products containing certain flame retardant chemicals
• “Child care products,” means consumer products intended for use
by a child under the age of three, including a baby product, toy, car
seat, nursing pillow, crib mattress and stroller
• The bill would prohibit the import, sale or offer of any child care
product that:
– Contains more than 1/10 of 1% of tris(2-chloroethyl) phosphate (TCEP)
or tris(1,3-dichloro-2-propyl) phosphate (TDCPP) by mass and
– Is intended for use by a child under three
29

30. Connecticut bill on flame retardants
• HB 5035 would prohibit chlorinated flame retardants in children's
products
• “Children's product" means any product designed or intended
primarily for use by children three years of age or younger, including,
but not limited to, clothing, toys, nursing pillows, crib mattresses,
changing pads, strollers and car seats
• The bills would prohibit the manufacture, sale, offer for sale or
distribution of any children's product containing tris (1,3-dichloro-2-
propyl) phosphate (TDCPP or TDCP), tris (2-chloroethyl) phosphate
(TCEP) or tris (1-chloro-2-propyl) phosphate (TCPP), except for
such products governed by federal motor vehicle standards
contained in 49 CFR 571.302
30

31. Alaska bills on flame retardants
• Both Alaska’s House and Senate are considering bills on flame
retardants
• The bill would identify and list chemicals of high concern for
childhood exposure
• The bill would also prohibit the manufacture in the state, sale in the
state, offer for sale in the state, or distribution for sale in the state of
a consumer product that contains:
– TDCPP (Tris (1,3-dichloro-2-propyl) phosphate);
– TCEP (Tris (2-chloroethyl) phosphate); or
– TCPP (Tris (1-chloro-2-propyl) phosphate).
31

32. New York considers expanding its TRIS-free children
and babies act
• New York's Senate has reintroduced two bills, SB 3703A and 3703B,
to expand the state's TRIS-free children and babies act
• The bills would expand the definition of "TRIS" to include TCEP (Tris
(2-chloroethyl) phosphate) and TDCPP (Tris (1,3-dichloro-2-propyl)
phosphate), starting 1 December 2015
• The bills, originally introduced in 2013, were both recently referred to
Environmental Conservation
32

33. Washington State bills on flame retardants
• The Washington State Legislature is considering two bills to restrict
the sale, offer or distribution of residential upholstered furniture or
children’s products
• The bills defines TRIS to mean either TDCPP (tris(1,3-dichloro-2-
propyl)phosphate) or TCEP (tris(2-chloroethyl) phosphate).
• The bills would restrict the sale, offer or distribution of residential
upholstered furniture or children’s products containing a flame
retardant identified as a high priority chemical of high concern for
children in amounts exceeding 50 ppm
33

34. US EPA issues final alternatives assessment
for DecaBDE
• The Environmental Protection Agency's (EPA) Design for the
Environment (DfE) program issued final report on an alternatives
assessment for decabromodiphenyl ether (decaBDE)
• The report provides detailed hazard information for 29 substances
and mixtures that have been identified as potentially viable
alternatives to decaBDE in a variety of polymers and applications
• Efficacy of the flame retardant alternatives was not tested
34

35. CEH reports on TDCPP, TCEP and TDBPP
• The Center for Environmental Health (CEH) has reported on its
"landmark legal agreements" to remove flame retardants from foam
furniture and children's products, as per California Proposition 65
• The report references the recent Prop 65 settlements, which relate
to the chemicals TDCPP, TCEP and TDBPP
• The report includes a chart of all of the products and brands that
have agreed to remove the chemicals from their products, as well as
those who have not
• The organization indicates it will issue future "progress reports" on
each company
35

36. California DTSC announces ‘priority products’
• California's Department of Toxic Substances Control (DTSC) has
announced its first three draft "priority products" under the state's
Safer Consumer Products Regulations:
– Children's foam padded sleeping products containing TDCPP
– Spray Polyurethane foam systems containing unreacted diisocyanates.
used for home and building insulation, weatherization, sealing and
roofing
– Paint stripper containing Methylene Chloride
• The Priority Products won't be final until a rulemaking process is
complete, adopting regulations to list the products, which could take
up to a year
36

37. Japan's considers new flame retardants restrictions
• Japan's Ministry of Economy, Trade and Industry (METI) is
considering an amendment to its Chemical Substances Control Law,
to establish new restrictions on the following flame retardant
chemicals:
– hexabromocyclododecane (HBCD) and
– Endosulfan
• The comment period ended in February
37

38. State bills on formaldehyde
• Illinois, New York, Iowa and South Carolina are considering bills on
formaldehyde
• The bills would prohibit any manufacturer, wholesaler or retailer from
selling or offering for sale a children's product that intentionally
contains:
– formaldehyde, including formaldehyde contained in a solution, or
– ingredients that chemically degrade under normal conditions of
temperature and pressure to release formaldehyde
38

39. AAFA comments on formaldehyde
• The American Apparel & Footwear Association (AAFA) and several
other associations submitted comments to the Maine Department of
Environmental Protection (DEP) on the regulation of formaldehyde
in children's products
• DEP proposed adding formaldehyde, arsenic, mercury and cadmium
to its list of Priority Chemicals under the Maine Toxic Chemicals in
Children's Products Law
• The comments submitted by AAFA and the other associations
oppose the proposal to designate formaldehyde as a Priority
Chemical
39

40. Paraguay drafts on textile products
• Paraguay's Ministry of Industry and Trade (MIC) has published two
Draft Technical Regulations on textile products
• The Draft Regulations would establish the following limits on lead
and formaldehyde in apparel:
– apparel and home textiles: 120 ppm, otherwise, the apparel must bear
the words "Wash before use"
– baby apparel: 20 ppm
– baby accessories: 90 ppm
• The second Draft Regulation deals with labeling requirements
40

41. EEC considers restrictions on formaldehyde
in furniture
• The Eurasian Economic Commission (EEC)
held a meeting to assess the limit for
formaldehyde in furniture products
• Participants of the meeting agreed not to
change the existing standard for
formaldehyde furniture products,
0.01 mg/m³.
• They determined it is scientifically sound
and consistent with international norms
41

42. California proposed amendments on formaldehyde
• The California Air Resources Board (ARB) is considering proposed
amendments to its Airborne Toxic Control Measure (ATCM) to
Reduce Formaldehyde in Composite Wood Products on certification
and labeling of laminated products
• The amendments are intended to improve the ATCM and to further
align the ATCM with proposed federal Environmental Protection
Agency (EPA) regulations
42

43. EPA announces a workshop on formaldehyde
• The United States (US) Environmental Protection Agency (EPA) is
currently revising its Integrated Risk Information System (IRIS)
assessment of formaldehyde
• This assessment addresses both non-cancer and cancer human
health effects that may result from chronic inhalation exposure to
this chemical.
• A workshop will be open to the public, broadcast by webinar
• It is tentatively scheduled to take place 29-30 April 2014
43

44. New York bill on cadmium in novelty products
• S 6729, An act to amend the environmental conservation law, in
relation to cadmium-added novelty consumer products
• The bill would prohibit the sale, offer for sale or distribution for free
of any cadmium-added novelty consumer product, starting 1 June
2015
• “Cadmium-added novelty products" means products intended mainly
for personal use or adornment that contain cadmium in excess of
.0075% by weight
44

45. Connecticut considers adoption of children's
jewelry standard
• The Bill would restrict children's jewelry that contains cadmium at
more than .0075% by weight, that exceeds the level set forth in
ASTM F2923:2011, Specification for Consumer Product Safety for
Children's Jewelry, on and after 1 July 2014
• The bill defines "children's jewelry" to mean any jewelry, including
charms, bracelets, pendants, necklaces, earrings or rings, and any
component thereof, that is designed or intended to be worn or used
by children twelve years of age or younger
45

46. New York bills on hazardous toys
• A 5824/S 845 would prohibit the import, manufacture, sale, holding
for sale or distribution of any toy or article intended for use by a child
which presents an electrical, mechanical or thermal hazard or that is
contaminated with any toxic substances
• A toy is contaminated with a toxic substance if it is:
– coated with paints and lacquers containing compounds of lead in which
the lead content (calculated as Pb) is in excess of that permitted by 16
CFR 1500, or soluble compounds of antimony, arsenic, cadmium,
mercury, selenium or barium, introduced as such
46

47. New York reintroduces bill to restrict
lead in jewelry
• The bill, SB 1576-A, would restrict jewelry, unless it’s made entirely
from a Class 1, Class 2 or Class 3 material or any combination
thereof
• The bill would also restrict children's jewelry, unless it’s made
entirely from one or more of the following:
– a nonmetallic material that is a Class 1 or Class 2 material
– a metallic material that is either a Class 1 material or contains less than
600 ppm lead by weight
– glass or crystal decorative components that weigh in total no more than
one gram, excluding any glass or crystal decorative component that
contains less than 200 ppm lead by weight and has no intentionally
added lead;
– printing ink or ceramic glaze that contains less than 600 ppm lead by
weight; or
– Class 3 material that contains less than 200 ppm lead by weight
47

48. Philippine lead limits
• The Philippine Department of Environment and Natural Resources
(DENR) has issued a chemical control order (CCO) for lead and
lead compounds
• The Order prohibits the use of lead and lead compounds in the local
manufacture of packaging for food and drink, toys, school supplies,
cosmetics, water pipes and other consumer products
• It also restricts lead in locally-produced paints, with a limit of 90 ppm
• This new limit takes effect in 2016 for paints intended for
architectural, decorative, household applications
48

49. IPEN reports on lead in paint in Asia
• The International POPs Elimination
Network (IPEN) has released a new
report on lead levels in paints in seven
Asian countries
• IPEN found that majority of household
paints analyzed in seven Asian
countries contain unsafe levels of lead
• The levels would not meet regulatory
standards established in most highly
industrialized countries; and, in a
number of cases, have “astonishingly”
high lead content
49

50. ECHA opinions on lead, phthalates and
trichloroethylene
• The European Chemicals Agency's (ECHA) Committee for Socio-
economic Analysis (SEAC) adopted an opinion on the restriction
proposal of lead in consumer articles submitted by Sweden,
confirming its draft opinion of December 2013
• RAC agreed on draft opinions for four uses and SEAC on draft
opinions for two uses. RAC and SEAC will discuss the remaining
uses of DEHP and DBP in June 2014
• RAC made progress with developing dose-response relationships
for the carcinogenicity of trichloroethylene
50

51. Indonesia restricts heavy metals in baby clothes
• The Indonesian Minister of Industry has published a Technical
Regulation establishing restrictions on heavy metals in textiles for
baby clothes, as follows:
– Cadmium (Cd): 0.1 ppm
– Copper (Cu): 25 ppm
– Lead (Pb): 0.2 ppm
– Nickel (Ni): 1 ppm
• The Regulation requires fabrics to comply with the Indonesian
national standard, SNI 7617:2013, Textiles – Requirements for azo
dyes and formaldehyde content in fabrics for baby and children’s
clothing
51

52. Denmark promotes eco-friendly textile production
• Denmark's Environmental Protection Agency has announced a new
pilot project on a partnership with Danish companies and other
players in the textile sector to promote use of organic cotton and
lower chemical consumption in textile production
• The project includes 28 players, from carpet and clothing companies
to design schools and industry associations
• The partnership is expected to be operational during 2014 and the
EPA plans to hold a workshop with stakeholders before the summer
recess
52

53. Norway proposes delay on PFOA restrictions
• Following its announcement in March that it was recommending a
delay to the restrictions on perfluorooctanoic acid (PFOA) in textiles,
the Norwegian Environment Directorate is inviting stakeholders to
take part in a consultation on the proposed delay.
• The draft amendment to the Product Regulation would permit the
placing on the market of non-compliant stock manufactured before 1
June 2014 until 1 January 2018
• Comments can be submitted via the Environment Directorate's
website until 9 May 2014
53

54. ACCC testing prompts clothing recalls
• The Australian Competition and Consumer Commission’s (ACCC)
recalled of four pairs of jeans and one pillow case for having
unacceptable concentrations of certain azodyes containing
unacceptable concentration of aromatic amines
• While azodyes are not banned for textiles use in Australia, if the
ACCC identifies safety concerns it can recommend suppliers recall
unsafe goods
• ACCC's press release encourages suppliers to ensure that the total
maximum level of hazardous aromatic amines in direct and
prolonged contact with the skin be no more than 30 ppm
54

55. EC restricts Chromium VI in leather articles
• Regulation (EU) No 301/2014 amends Annex XVII of REACH to
establish new restrictions, as follows:
– leather articles coming into contact with the skin containing chromium VI
in concentrations equal to or greater than 3 mg/kg (0.0003% by weight)
of the total dry weight of the leather; and
– articles containing leather parts coming into contact with the skin where
any of those leather parts contains chromium VI in concentrations equal
to or greater than 3 mg/kg (0.0003% by weight) of the total dry weight of
that leather part.
• The Regulation takes effect on 1 May 2015
55

56. PAHs found in footwear
• Hong Kong's Consumer Council tested plastic footwear for children
and found that more than half the samples contained high levels of
harmful chemicals:
– In a test of 28 pairs of casual footwear, a carcinogenic polycyclic
aromatic hydrocarbon (PAH) benzopyrene was found in three brands.
Tests showed they contained 1.1-3.1 ppm of the chemical.
– Fifteen samples, including all six pairs of rubber boots tested, contained
phthalates at many times higher than 0.1%. In 12 samples, levels
ranged from 15.2-43.43%.
• The Consumer Council recommended the government expand the
coverage of its Toys and Children's Products Safety Regulation to
include footwear
56

57. Proposed duty on products containing restricted
substances
• The Swedish Chemicals Agency (KEMI) is considering an excise
duty on consumer products – such as clothing and footwear – that
contain hazardous substances
• The tax would be high enough to have a “controlling effect,”
estimating that the average price increase for clothing and footwear
would be 0.3%
• The tax would not apply to goods containing
prohibited or restricted hazardous substances
that already breach the law
57

58. KEMI issues report on its 'Action Plan for
toxic-free living'
• Sweden's Chemicals Agency (KEMI) issued an interim report on its
"Action plan for toxic-free living."
• KEMI reports that it has continued to increase its inspections and
tests of children's products in 2013
• The agency points to toys and electronics as the categories in which
they find the most violations, with 15% of toys and 12% of
electronics out of compliance
• KEMI has been tasked with reporting, by 16 June 2014, on how the
Action Plan can be further developed for the period 2015–2020
58

59. ECHA proposes four new SVCHs
• The European Chemicals Agency (ECHA) has proposed an
additional four chemicals as substances of very high concern
(SVHCs):
– 1,2-Benzenedicarboxylic acid, dihexyl ester, branched and linear;
– Cadmium chloride;
– Sodium perborate; perboric acid, sodium salt; and
– Sodium peroxometaborate.
• Three substances are classified as toxic for reproduction and one is
proposed because of its endocrine disrupting properties and
potential for serious effects to the environment
59

60. Greenpeace report on chemicals in luxury
children's clothing
• Greenpeace International has issued a report, A Little Story about a
Fashionable Lie: Hazardous chemicals in luxury branded clothing for
children
• Greenpeace sent 27 children's clothing products to independent
laboratories, to be tested for the presence of nonylphenol
ethoxylates (NPEs), phthalates, per- and polyfluorinated chemicals
(PFCs) and/ or antimony
• Sixteen of the products tested positive for one or more of these
hazardous chemicals.
60

61. Taiwan amends Food Safety Act
• Taiwan's national legislature has approved amendments to its
renamed Food Safety and Sanitation Regulation Act
• Article 16 will include a clause that food contact articles utensils,
food containers or packaging or food cleansers cannot be made of
materials that present risks to health
61

62. OEHHA intent to list nitrite in combination with
amines or amides
• On 7 February 2014, California's Office of Environmental Health
Hazard Assessment (OEHHA) published a notice in the California
Regulatory Notice Register announcing its intent to list nitrite in
combination with amines or amides as known to the State to cause
cancer under the Safe Drinking Water and Toxic Enforcement Act of
1986 (Proposition 65)
• OEHHA extended the public comment period until 8 May 2014
62

63. Turkey proposes amendment for aluminum
in food contact
• Turkey's Ministry of Food, Agriculture and Livestock has notified the
of a proposed Regulation Amending Turkish Food Codex Regulation
on Materials and Articles in Contact with Food
• The purpose is to determine the rules for chemical recycling of
plastics that are in contact with food and setting a release limit and
labelling rules for aluminum which are in contact with food
• The proposed date for adoption is 30 April 2014
63

64. Possible amendments to EU ceramicware Directive
• The European Commission (EC) is considering amending its
Directive 84/500/EEC, which restricts lead and cadmium in ceramic
articles intended to come into contact with foodstuffs
• Discussions on the scope of the Directive; legal limits of lead,
cadmium and additional metals and test conditions for checking
compliance of such materials and articles are taking place with
different stakeholders
• The Joint Research Centre (JRC) of the Institute for Health and
Consumer Protection (IHCP) will provide data on what metals
migrate from ceramic tableware and how much migrates.
64

65. EFSA opinion on post-consumer PET
• The European Food safety Authority (EFSA) has issued a Scientific
Opinion on its safety assessment of the "Aliplast Buhler B" process
used to recycled post-consumer polyethylene terephthalate (PET)
into food contact materials
• The EFSA Panel on Food Contact Materials, Enzymes, Flavourings
and Processing Aids concluded that recycled PET obtained from the
process, intended to be used up to 100% for the manufacture of
materials and articles for contact with all types
of foodstuffs for long term storage at room
temperature, with or without hotfill, is not
considered of safety concern
65

66. EU Ozone Depleting Substances Quotas
• The quantities of controlled substances subject to Regulation (EC)
No 1005/2009 which may be released for free circulation in the
Union in 2014 were published in Commission Implementing
Decision of 18 December 2013 (2013/808/EU)
• The allocation of quotas for chlorofluorocarbons 11, 12, 113, 114 and
115 and other fully halogenated chlorofluorocarbons during the
period 1 January to 31 December 2014 are indicated in Annex I
• The Decision applies from 1 January 2014 and expires on 31
December 2014
66

67. EU Regulation on PFOS and Chlorate
• The European Commission (EC) has issued Regulation (EU) No
167/2014, to amend Regulation (EC) No 689/2008, concerning the
export and import of dangerous chemicals
• The Regulation establishes new use limitations for
Didecyldimethylammonium chloride, Perfluorooctane sulfonates
(PFOS) and Chlorate
67

68. OEHHA draft proposed Reference Exposure Levels
for benzene
• California's Office of Environmental Health Hazard Assessment
(OEHHA) has issued a draft document, “Proposed Reference
Exposure Levels (RELs) for benzene”
• Proposed values for the acute, 8 hour, and chronic RELs are 27
µg/m3 (8 ppb), 3 µg/m³ (1 ppb) and 3 µg/m³ (1 ppb) respectively
• When finalized and adopted, these RELs will be added to the
compound-specific toxicity reviews and summary tables which
appear as appendices to the Technical Support Document for the
Derivation of Noncancer Reference Exposure Levels
68

69. South Korea draft decrees under K-REACH
• South Korea's Ministry of Environment is considering two draft
Decrees under the Act on the Registration and Evaluation of
Chemical Substances (K-REACH)
• The draft Presidential Decree would clarify:
– existing substance registration requirements for manufacturers and
importers;
– which substances will be exempt from registration; and
– which substances will qualify for simplified registration or be exempt
from registration.
• The draft Ministerial Decree would clarify:
– registration periods for new substances;
– detailed registration data requirements; and
– requirements for joint submission and use of data
69

70. K-REACH Help Desk
• South Korea's Ministry of Environment (MoE) has opened K-REACH
Help Desk
• The Help Desk was established to support the execution of
K-REACH nationally and internationally
• Its services include:
– Provision and promotion of K-REACH-related data and training;
– K-REACH execution assistance counseling and
– Collection of opinions from stakeholders concerned with K-REACH
• The URL is: http://www.kreach.or.kr/
70

71. South Korean chemical registration
• South Korea's Ministry of Environment has notified of an
Enforcement Decree and an Enforcement Rule on chemical
substances
• The Decree and Rule center on mandatory registration for existing
chemicals manufactured in or imported to Korea over 1 ton per year
and/ or new chemicals
• The purpose is to protect public health and the environment by
providing for the matters pertaining to the registration of chemical
substances, the examination and evaluation of hazards and risks of
products containing chemical substances and hazardous chemical
substances, and the designation of hazardous chemical substances,
and by producing and utilizing information on chemical substances
71

72. New & updated alternative test methods
under REACH
• The European Commission has issued Commission Regulation
(EU) No 260/2014 to amend Regulation (EC) No 440/2008, which
lays down test methods under the REACH Regulation
• The amendment issues:
– two methods for the determination of physicochemical properties
– four new and one updated method for the determination of ecotoxicity
and environmental fate and behavior;
– nine methods for the determination of toxicity and other health effects
including four inhalation toxicity test methods
72

73. New guidance on REACH substance evaluations
• The European Chemicals Agency issued a new guidance document,
Substance evaluation under REACH: Tips for registrants and
downstream users
• This publication provides advice for registrants who hold a
registration for a substance included in the Community Rolling
Action Plan and for downstream users of such substances on how to
participate in the substance evaluation process
73

74. ECHA revises Consultation Procedure for
Guidance
• The European Chemicals Agency (ECHA) has published a second
revision of its Consultation Procedure for Guidance
• The Guidance describes how ECHA consults relevant partners on
the Guidance it generates and publishes to support the
implementation of legislation within its remit
• The updated procedure document now takes full account of the
extension of ECHA's guidance activities to include the Biocidal
Products Regulation (BPR) and the Prior Informed Consent (PIC)
Regulation as well as the REACH and CLP Regulations which were
covered by the previous revision
74

75. ECHA updated the C&L Inventory
• The European Chemicals Agency (ECHA) has updated its
Classification & Labelling (C&L) Inventory
• The Inventory contains C&L information on substances notified
under the CLP Regulation and registered under REACH
• Updates include:
– Flags for notified substances where an impurity or an additive present in
the substance impacts the notified classification
– Ability to include additional CAS numbers in the column "Additional
Notified Information"
– Publicly available IUPAC names, as well as the notified physical
state/form of the substance for all notifications are now reported under
the "Additional Notified Information" column
75

76. New EU hazardous chemical rules
• From 1 March 2014, new rules concerning the export and import of
very hazardous chemicals will be implemented in the European
Union (EU), when the revised Prior Informed Consent (PIC)
Regulation becomes operational
• PIC regulates the import and export of very hazardous chemicals
between the European Union and third countries, and implements
the global Rotterdam Convention within the EU
• The new regulation is consistent with the REACH and Classification,
Labelling and Packaging (CLP) regulations
76

77. EurAsEC announces public discussion of draft
technical regulations
• Technical Regulations "On Restriction of Hazardous Substances in
Electrical and electronics products" establishes requirements for
limiting the use of hazardous substances in electrical engineering
and electronics products
• In accordance with the Regulations on the development, adoption,
amendment and cancellation of the technical regulations of the
Customs Union set period of public discussion of draft technical
regulations - not less than 60 calendar days from the date of posting
notices on their development on the official website of the ECE
77

78. ECHA recommendations on nanomaterials
• The European Chemicals Agency (ECHA) has published generic
recommendations for the exposure assessment and risk
characterisation of nanomaterials under REACH
• The document is based on the outcome of the last Group Assessing
Already Registered Nanomaterials (GAARN) meeting, which was
held on 30 September 2013
• The GAARN discussed assessing and managing the safety of
nanomaterials under the REACH Regulation
• ECHA reminds the registrants that dossiers need to be updated with
new nano-specific studies as scientific knowledge is progressing
78

79. US & Canada developing harmonized nano
classification scheme
• The United States (US) and Canada are working to harmonize their
regulatory approaches to nanomaterials, developing a classification
scheme based on similarities in chemical composition
• The effort, led by the US Environmental Protection Agency (EPA)
and Environment Canada and Health Canada, has issued draft
reports under the US-Canada Regulatory Cooperation Council
(RCC) Nanotechnology Initiative
79

80. IC2 issues its Alternatives Assessment Guide
• The Interstate Chemicals Clearinghouse (IC2) has issued its
Alternatives Assessment Guide
• The Guide was created to:
– Foster replacement of toxic chemicals in products by selecting less
hazardous, safer alternatives
– Include all reasonable criteria to be addressed in an AA including
hazard, exposure, performance, cost, and availability
– Recommend the minimum data set needed to conduct an AA
• Eight IC2 member states, including California, Connecticut,
Massachusetts, Michigan, Minnesota, New York, Oregon and
Washington, worked together on the Guide
80

81. Manufacturing coalition announces alternatives
assessment principles
• The Cleaning Institute unveiled a set of principles to help establish
an effective program for assessing chemicals in consumer products
and identifying possible alternatives
• The coalition includes the American Chemistry Council (ACC), the
Personal Care Products Council (PCPC) and the Toy Industry
Association, Inc. (TIA)
• The principles are designed to:
– Ensure consumer acceptance
– Be flexible and modular
– Be effective and feasible
– Protect confidential business information
– Allow for gradual evaluation and implementation of alternatives
– Avoid duplicative efforts
81

82. OEHHA issued its 2014 Report to the Legislature
• California’s Office of Environmental Health Hazard Assessment
(OEHHA) has issued its 2014 Report to the Legislature,
summarizing its efforts under the Environmental Health Program
• The Report summarizes information from recent studies on the
status of children’s health as well as effects of environmental
contaminants on California’s children
• It focuses on four areas of health and development that can be
impacted by environmental contaminants: asthma and respiratory
disease, adverse birth outcomes, neurodevelopment, and cancer
82

83. California considers revisions to Prop 65 warnings
• California's Office of Environmental Health Hazard Assessment
(OEHHA) issued a notice of a public workshop to discuss possible
regulatory action to change the existing regulation governing
Proposition 65 warnings
• The intent is to make the warnings more informative and meaningful
while providing certainty for businesses on the content and methods
for providing warnings
• A potential draft regulation and a potential draft Initial Statement of
Reasons are available for public review on OEHHA’s Web site
• The workshop took place in April
83

84. California Assembly considers Prop 65 reform
• A bill to reform Proposition 65 enforcement that would increase the
number of employees necessary before companies fall under the
jurisdiction of the statute has been introduced in the California
Assembly
• The proposed legislation would increase the number of employees
from 10 to 25 for a business or organization to be subject to
Proposition 65 enforcement
• It would also prevent penalties from being assessed by both private
enforcers and public prosecutors for the same violation
84

85. US House considers TSCA reform
'Discussion Draft'
• The United States (US) House of Representatives' Energy &
Commerce Committee is considering a "Discussion Draft" of a bill,
"Chemicals in Commerce Act.”
• The bill would amend the Toxic Substances Control Act (TSCA)
• It would establish requirements for testing of chemical substances
and mixtures
• Manufacturers and processors would be required to:
– develop new hazard and exposure information related to a chemical
substance or mixture in accordance with this section if the information is
needed to perform a safety determination or to ensure compliance with
a federal rule.
– submit a notice of intent not later than 90 days before manufacturing or
processing begins of new chemical substances or chemical substances
intended for a new use
85

86. Illinois issues Resolution on TSCA reform
• The Illinois General Assembly issued a Resolution, HR 886, to
support the efforts of the National Black Caucus of State Legislators
in their efforts to modernize the Federal Toxic Substances Control
Act of 1976 (TSCA) by strengthening chemical management through
policy reforms.
• The Resolution also urges the state Governor and General
Assembly to strengthen Illinois' chemical management statutes
86

87. CPSC revises its supplemental definition of 'strong
sensitizer'
• The Consumer Product Safety Commission (CPSC) has published a
final rule revising its supplemental definition of "Strong Sensitizer"
under the Federal Hazardous Substances Act (FHSA)
• The revised definition eliminates redundancy, removes certain
subjective factors, incorporates new and anticipated technology,
places the criteria for classification of strong sensitizers in the order
of importance, defines criteria for “severity of reaction,” and provides
for the use of a weight-of-evidence approach to determine whether a
substance is a strong sensitizer
87

88. 8888
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