This presentation from Compliance & Risks gives an update on new and changing legislation involving chemicals in products covering Q1, 2013 from around the world. Chemicals covered include BPAs, phthalates, toxic substances, EU REACH, azo dyes, formaldehyde, mercury and lead across a wide range of products from children’s jewelry to light bulbs, and EEE to recalls. Countries span from Argentina to France, Taiwan to Sweden, and Canada to China. The presentation also looks at activities by specific government, environmental and industrial organisations such as CPSC, OEHHA, Environment Canada, AAFA, California’s DTSC, TSCA and Prop 65. Author: Stacey Bowers, MILS, Compliance & Risks, has nearly 15 years experience providing consultation on labeling, restricted substances, safety and testing to consumer products retailers and manufacturers, with a special focus on the apparel, footwear, jewelry & toy industries.

1. |
Chemicals Quarterly
Q1 2013
Presented by Stacey Bowers, MILS
1 April 2013
1

2. |
France prohibits BPA in food contact articles
• France enacted Law No. 2012-1442, to prohibit food contact
articles containing BPA
• The Law applies to:
• food contact articles intended for children under 3, starting 1/1/13
• all other food contact articles, starting 1/1/15
• The Law also requires food contact articles containing BPA to
bear a label, warning against use by pregnant and lactating
women and children under 3
2

3. |
Sweden prohibits BPA in food contact articles
• Sweden enacted Regulation SFS 2012:991, to prohibit BPA
• The Regulation applies to paints and coatings of food contact
articles intended for children under 3
• The Regulation will take effect 1 July 2013
3

4. |
Taiwan prohibits BPA in baby bottles
• Taiwan amended its Sanitation Standard
for Food Utensils, Containers and
Packages, to enact a prohibition on BPA
in baby bottles
• The Standard previously restricted BPA in
baby bottles
• The amended Standard will take effect
1 September 2013
4

5. |
Israel considers prohibition on BPA in baby bottles
• Israel's MOITAL notified the WTO of a proposed amendment to
its mandatory standard on children's drinking equipment,
SI 5817 Part 2
• The standard is based on the EU‟s EN 14350-2, and
Directive 2011/8/EU, prohibiting BPA in plastic baby bottles
• The proposed amendment would add a new requirement for
drinking equipment made from polycarbonate and
polysulfone, to provide a declaration that the product does not
contain BPA
5

6. |
OEHHA requests comments regarding BPA
• California‟s OEHHA issued a notice of its intent to
list BPA as a chemical known to the state to cause
reproductive toxicity
• OEHHA requests comments as to whether BPA
meets the criteria to be listed under Proposition 65
• Comments are due 25 February 2013
6

7. |
10+ states have proposed BPA legislation
7
Arizona
• Children‟s food contact articles
Hawaii
• Children‟s products
Kentucky
• Children‟s products
Maine
• Food contact articles
Massachusetts
• Children‟s products
Minnesota
• Children‟s food contact articles
Nevada
• Children‟s food contact articles
New Jersey
• Toys, childcare articles and food
contact articles
New York
• Toys, childcare articles and food
contact articles
Pennsylvania
• Children‟s products

8. |
CPSC Guidance on inaccessible components parts
• CPSC issued Guidance on inaccessible component parts in
toys and childcare articles subject to CPSIA‟s prohibitions on
phthalates
• Per the Guidance, a component part is not accessible if it is not
physically exposed through reasonably foreseeable use and
abuse, including swallowing, mouthing, breaking and aging of
the product
• The Guidance is codified at 16 CFR 1199
8

9. |
Danish EPA submits new phthalates strategy
• Denmark‟s EPA submitted a new phthalate strategy
• The new strategy may result in expanded restrictions and/ or
prohibitions on phthalates
• Denmark has already:
• prohibited all phthalates in toys and childcare articles for children
under 3, and
• restricted DEHP, DBP, DIBP and BBP, above 0.1%, in products for
indoor use and for direct contact with skin or mucous membranes
• The comment period ends 29 April 2013
9

10. |
Proposed legislation on children‟s jewelry
• Connecticut proposed an amendment to its Act
on cadmium in jewelry, to extend the prohibition
to keychains and extend the in force date to
1 October 2014
• New York proposed bills to restrict cadmium
and lead in children‟s jewelry
• The cadmium bill would apply to substrate
components in metal or plastic jewelry
• New York also proposed a bill to require children‟s
jewelry to comply with ASTM F2923
10

11. |
China enacts restrictions on heavy metals in jewelry
• China's AQSIQ issued GB 28480:2012, on heavy metals in
jewelry
• The standard applies to both adult and children's jewelry
• The mandatory standard restricts
antimony, arsenic, cadmium, chromium VI, lead, mercury, and
nickel
• The standard comes into force on 1 May 2013
11

12. |
Canada enacts Prohibition of Certain Toxic Substances
Regulations, 2012
• The Regulations establish restrictions and prohibitions on the
manufacture, use, sale, offer for sale, or import of specified
toxic substances and products containing those
substances, including:
• Hexachlorobenzene (HCB): By-product of manufacture and use of
chlorinated solvents
• Short-chain chlorinated alkanes (SCCAs): Used in metalworking
fluids, paints, adhesives, rubber and plastic
• Polychlorinated naphthalenes (PCNs): Used in cable
insulation, capacitors and gauge
12

13. |
Environment Canada Guidelines on PBDEs
• Environment Canada issued Federal Environmental Quality
Guidelines (FEQGs) on polybrominated diphenyl ethers
(PBDEs)
• PBDEs are used as additive flame retardants in products
including upholstered furniture and imitation wood products
• The Guidelines quantify limits for specific PBDEs
in water, fish tissue, sediment, wildlife diets and
bird eggs
13

14. |
10+ states have proposed legislation on flame
retardants
14
Connecticut
• TRIS in children‟s products
Massachusetts
• Consumer products
Maine
• TRIS as a chemical of concern
Maryland
• TCEP in
children‟s
products
Missouri
• Penta-, octa- and decaBDE
North Carolina
• TRIS in children‟s products
• Flame retardants in furniture
Vermont
• Brominated flame retardants and
TRIS
• Children‟s products and furniture
Washington
• TDCPP and TCEP in children‟s
products and furniture

15. |
EU amends azo colorant standards in REACH
• The EU amended REACH, to update the standards to be used
to demonstrate compliance with the Regulation's restrictions on
azo dyes
• The amendment cites:
• EN ISO 17234-1:2010 and EN ISO 17234-2:2011, on azo
colorants in leather
• EN 14362-1:2012, on azo colorants in textiles
• The amendments took force on 6 March 2013
1515

16. |
New Indonesian requirements for azo dyes & formaldehyde
• Indonesia's Regulation No.72/M-IND/PER/7/2012 took force 1
February 2013
• The Regulation prohibits formaldehyde in fabrics intended for
infant„s and children‟s apparel and restricts azodyes and
formaldehyde in fabrics intended for infant„s and children‟s
apparel
• Fabrics for infant„s and children‟s apparel must comply with SNI
7617:2010
• Compliant products must bear the SNI Mark
1616

17. |
AAFA updates its Restricted Substances List
• AAFA published the 12th edition of its RSL
• The RSL is global in scope
• The RSL covers apparel, footwear and
home textiles
• The updated RSL reflects changes spurred
by REACH and state and international
regulations
• It is available in four languages – English,
Chinese, Vietnamese and Spanish
1717

18. |
California proposes Safer Consumer Products Regulations
• California‟s DTSC opened a comment period on the revised
proposed Safer Consumer Products Regulations
• The proposed Regulations establish a process for identifying
and prioritizing consumer products and their chemicals of
concern
• The comment period closed 28 February 2013
• Comments were received by stakeholders including
AAFA, ACC, AHAM, DuPont, GCA, Intertek, OPEI, Procter &
Gamble, Sierra Club, TIA, Unilever and many others
1818

19. |
Connecticut bill on chemicals of concern in children‟s products
• Connecticut‟s House is considering a bill to
establish An Act Concerning Children‟s Products
and Chemicals of High Concern
• The bill would apply to consumer products
designed or intended for children under 12,
including apparel, furniture, jewelry and toys
• The bill would establish a list of priority list of
CHCCs, similar to lists in Maine and
Washington State
• The bill would require reporting of
intentionally-added CHCCs in children‟s products
1919

20. |
Delaware bill on chemicals of concern in consumer products
• Delaware‟s House is considering a bill to establish An Act
Relating to Chemicals in Consumer Products
• The bill would apply to products for residential or commercial
use, including the component parts or packaging, sold for
indoor use in a residence, childcare facility or school, or for
outdoor use, if a child or pregnant woman may have direct
contact with the product
• The bill would establish a list of high priority chemicals of
concern
2020

21. |
Oregon bill on chemicals of concern in children‟s products
• Oregon‟s House is considering a bill to establish An Act
Relating to High Priority Chemicals of Concern for Children's
Health
• The bill would apply to products designed or intended to help a
child with sucking or teething to facilitate sleep, relaxation, or
feeding, or to be worn by a child
• The bill would establish a list of high priority chemicals of
concern, similar to the list in Washington State
• The bill would require reporting of intentionally-added high
priority chemicals of concern in children‟s products
2121

22. |
Massachusetts bill to establish safer alternatives to chemicals
• The Massachusetts Senate is considering a bill to establish An
Act Relative to Healthy Families and Businesses
• The bill would apply to consumer products, meaning products
sold for residential or commercial use, including
components, parts, and packaging
• The bill would ensure the substitution of priority chemical
substances used in consumer products and in the workplace
with the safest feasible alternatives
• The bill would require regulations designating priority chemical
substances, as well as notification by businesses of their use of
said chemicals
2222

23. |
Vermont bill on toxic substances in children‟s products
• Vermont‟s Senate is considering a bill to establish An Act
Relating to the Regulation of Toxic Substances
• The bill would apply to children‟s products, defined to mean
consumer products intended for use by children, like
apparel, baby products, car seats, personal care products and
toys
• The bill would establish a list of high priority chemicals of
concern, with reference to other states‟ lists
• The bill would require the Secretary of Natural Resources to
designate at least 2 priority chemicals by 1 July 2015
• The bill would require notification of the presence of priority
chemicals in children‟s products
2323

24. |
US Senate considers bill to reform TSCA
• The US Senate is considering The Chemical Safety
Improvement Act
• The bill is intended to protect the health of people and the
environment from unmanaged risks from chemicals
• The bill would reauthorize and modernize the Toxic Substances
Control Act (TSCA)
• The bill would establish a chemical assessment
framework, including prioritization screening and testing of
chemicals
• The bill would provide for resources to ensure EPA‟s ability to
implement and enforce its provisions
2424

25. |
Taiwan proposes chemical control act amendments
• Taiwan‟s EPA notified the WTO of a proposed amendment to its
Toxic Chemical Substances Control Act (TCSCA)
• The proposal would adopt a chemicals registration
scheme, requiring industries to submit information on
manufactured or imported chemicals in the market
• The proposal would provide for alignment of the Taiwanese
approach with those of other countries, such as the EU‟s
REACH Regulation
• The comment period ended
31 March 2013
2525

26. |
Canada updates its Domestic Substances List
• Environment Canada continues its DSL inventory
• The agency seeks information from manufacturers or importers
of products containing listed substances, at levels exceeding
specified limits, whether:
• alone, in a mixture, in a product; or
• in a manufactured product that is:
• intended to be used by children under 6;
• intended to come into contact with mucous membranes;
• Intended to be released during conditions of use;
• in specified food contact articles; and/ or
• in apparel, footwear; home textiles; furniture, or home
furnishings
• Reports are due 4 September 2013
2626

27. |
UNEP Global Chemicals Outlook
• UNEP issued a report, Global Chemicals Outlook,
to inform governments and industry on trends in
chemicals production, use and disposal
• The report also offers policy advice aimed
at meeting the 2020 goal of using and
producing chemicals so as to mitigate
adverse effects on human health and the
environment
• The report outlines:
• trends in chemical production, trade and use;
• economic implications of those trends; and
• approaches for sound management of chemicals
2727

28. |
EU reports on restricted substances in EEE
• The EU‟s DG Environment launched a
stakeholder consultation to review the
list of restricted substances in RoHS 2
• RoHS 2 lists the following priority
substances:
• hexabromocyclododecane (HBCDD),
• bis (2-ethylhexyl) phthalate (DEHP),
• butyl benzyl phthalate (BBP) and
• dibutyl phthalate (DBP)
• The consultation also lists tetrabromobisphenol A (TBBP-A)
• The comment period ended 10 March 2013
2828

29. |
Argentina proposes framework for WEEE
• The Argentine Senate is considering a bill to establish a
framework for the management and control of WEEE
• The bill would apply to a wide variety of WEEE, including
batteries, computers, cellphones and lamps
• The bill would require WEEE, currently discarded as household
waste, to have separate pickup, recycling, treatment and
disposal
• The bill would also restrict cadmium, hexavalent
chromium, lead mercury, polybrominated biphenyls (PBBs) and
polybrominated diphenyl ethers (PBDEs), within 2 years of
entering into force
2929

30. |
China issues Road Map on mercury in lamps
• China issued a “Road Map” by which it plans to gradually
reduce the mercury content of fluorescent lamps
• The Road Map applies to circular fluorescent lamps, compact
fluorescent lamps (CFLs), induction lamps and straight tube
fluorescent lamps
• The Road Map outlines three stages to reduce the mercury
level in fluorescent lamps, starting 31 December 2013 and
ending 31 December 2015
3030

31. |
Denmark proposes amended mercury prohibition
• The Danish EPA proposed a Draft Order to amend its 2009
prohibition on the import, sale, export and use of mercury and
mixtures and products containing mercury
• The proposed Order would:
• prohibit mercury from being imported, sold or exported;
• limit mercury to 100 ppm, in homogeneous constituent parts of a
product; and
• limit mercury to 100 ppm in mixtures.
• The proposed Order also lists mercurial mixtures and products
permitted for import, sale and export, including mercury tilt
switches and special electrodes
3131

32. |
New York bills on light bulbs
• New York‟s Senate is considering a bill to establish restrictions
on mercury in lamps
• The bill applies to compact fluorescent lamps
(CFLs), straight fluorescent lamps and nonlinear
fluorescent lamps, with added mercury or mercury
compounds
• New York‟s Assembly is considering a bill to
establish restrictions on lead and mercury in lamps,
as well as energy efficiency requirements for lamps
• The bill applies to general purpose lamps
(e.g., lamps, bulbs, tubes or other devices that provide
illumination for residential and commercial use)
3232

33. |
EU opens consultation on lead in consumer articles
• ECHA opened a public consultation on a proposed restriction of
lead and its compounds in consumer articles
• The proposal would apply to products supplied to the general
public which can be placed in the mouth by children
• The proposal would establish a limit of 0.05% lead by weight
(expressed in metal)
• The proposal was put forward by Sweden in January 2013
• Comments may be submitted through 9 September 2013
3333

34. |
List of SVHCs under REACH now totals 138
• In December 2012, ECHA added a number of chemicals to its
Candidate List of Substances of Very High Concern for
Authorisation, per the REACH Regulation
• Newly-added SVHCs include:
• 4-Aminoazobenzene;
• Decabromodiphenyl ether (DecaBDE);
• Dibutyltin dichloride (DBTC);
• Dimethyl sulphate; and
• Lead monoxide (lead oxide)
• The List of SVHCs now totals 138
3434

35. |
Prop 65 60-day notices in Q1 2013
• California‟s Attorney General received 374 60-day notices in Q1
2013
• TDCCP was the most-notified chemical, with 158 notices
• The product most notified against was upholstered
furniture, allegedly containing TDCCP and Di(2-
ethylhexyl)phthalate (DEHP), with 186 notices
• DEHP was the second-most notified chemical, with 64 notices
• 31 of those were for vinyl furniture
• 29 were for hand tools
• 14 were for eyewear and sunglasses
3535

36. |
Recalls in Q1 2013
• CPSC announced 80 product recalls; none of these was due to
chemical hazards
• The EU announced 155 RAPEX notifications due to chemical
risk, including:
• art materials and toys containing excess DBP and DEHP;
• cosmetics containing excess mercury;
• gloves containing excess chromium (VI);
• jewelry containing excess cadmium and nickel;
• tattoo ink containing excess benzo(a)pyrene (BaP);
• tire repair kits containing excess benzene and toluene; and
• toys containing excess azo dyes
3636

37. |
Recalls in Q1 2013
• Health Canada announced 3 recalls due to chemical hazards:
• coffee makers containing excess lead;
• cosmetics containing excess mercury;
• mineral kits containing asbestos
• Australia‟s ACCC announced 80 recalls; none of these was due
to chemical hazards
3737

38. |
CPSC issues requirements for third-party labs & lead
• CPSC issued a final rule, 16 CFR 1112, establishing
requirements for third-party laboratories accredited to test
children‟s products for compliance with CPSIA
• The final rule also specifies that CPSC will allow laboratories to
utilize X-ray fluorescence (XRF) to assess compliance with
CPSIA‟s restrictions on lead in substrates
• The appropriate tests are outlined in the rule:
• CPSC–CH–E1001–08.3
• CPSC–CH–E1002–08.3
3838

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