Eurofins | May 2019 regulatory Newsflash compilation | Chemicals

Europe

New requirements for detergents EU Ecolabel

On 15^th March 2019, the European Commission published Decision (EU) 2019/418 of 13 March 2019 amending Decisions (EU) 2017/1214, (EU) 2017/1215, (EU) 2017/1216, (EU) 2017/1217, (EU) 2017 / 1218 and (EU) 2017/1219 (C (2019) 1851).

This text concerns the EU Ecolabel and defines the award criteria and related assessment and verification requirements for hand dishwashing detergents, industrial and community dishwashing detergents, dishwashing detergents, cleaning products, respectively for hard surfaces, textile detergents and textile detergents for industrial or community use.

No more single-use plastics in the oceans

On 27^th March 2019, the European Parliament approved the ban of single-use plastics by 2021. The aim of this measure is to reduce the plastic marine litter.

The following products will be banned in the EU by 2021:

• Single-use plastic cutlery (forks, knives, spoons and chopsticks)
• Single-use plastic plates
• Plastic straws
• Cotton bud sticks made of plastic
• Plastic balloon sticks
• Oxo-degradable plastics and food containers and expanded polystyrene cups

Other requirements included in this ban, within others, are:

• Increasing recycling targets and responsibility for producers.
• Labelling plastic products indicating to consumers how to safely dispose such items after use and to avoid littering.
• Ensuring that fishing gear and related components are safely disposed and not dumped into the sea.

For further information about this matter click here.

Standards Updates

Below a summary table with some recent standards updates and upcoming dates of withdrawal and/or availability (non-exhaustive):

(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn

Recent Updates Regarding REACH

Below table includes a summary of some additional recent updates (non-exhaustive) regarding REACH Regulation (EC) No 1907/2006:

New amendment to CLP !! – 12^th Adaptation to Technical Progress

On 28^th March 2019, the European Commission published in the Official Journal of the European Union a new amendment to CLP Regulation (EC) No 1272/2008:

“COMMISSION REGULATION (EU) 2019/521 amending, for the purposes of its adaptation to technical and scientific progress Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures.”

This is the 12th adaptation to technical progress (ATP) to the CLP Regulation, implementing the sixth and seventh revised editions to the Globally Harmonised System (GHS) of Classification and Labelling.

This Regulation amends Annexes I, II, III, IV, V and VI to CLP Regulation.

This Regulation shall apply from 17 October 2020.

By way of derogation, substances and mixtures may, before 17 October 2020, be classified, labelled and packaged in accordance with this Regulation.

Additional Recent Updates Regarding CLP

Below table includes a summary of the main recent updates (non-exhaustive) regarding CLP Regulation (EC) No 1272/2008:

Belgium

Substitution of Bisphenol A (BPA) in thermal papers

On 26^th March 2019,  a workshop about the substitution of Bisphenol A (BPA) in thermal papers took place in Belgium organized by the Belgian public authorities (Federal Public Service (FPS) Economy and FPS Health, food chain safety and environment), together with the European Chemical Agency (ECHA).

Alternatives to BPA were discussed during this workshop since, from 2^nd January 2020, BPA will be banned in thermal papers. The Product Policy and Chemical Substances Division is currently completing the hazard assessment of bisphenol S (alternative to BPA) for human health. It has also committed to evaluate two other alternatives to bisphenol A in thermal papers in 2020 and 2021.

For more information click here.

US

Proposal for 28 chemical substances under the Toxic Substances Control Act

On 22^nd March 2019,  the Environmental Protection Agency (EPA) notified to Word Trade Organization the proposal: Significant New Use Rules on Certain Chemical Substances with reference G/TBT/N/USA/1449.

EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 28 chemical substances which were the subject of premanufacture notices (PMNs).

This action would require persons who intend to manufacture or process any of these 28 chemical substances for an activity that is proposed as a significant new use to notify EPA at least 90 days before commencing that activity. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required with that determination.

US | California

Two new Maximum Allowable Dose Levels for n-hexane

On 21^st March 2019, California’s Office of Environmental Health Hazard Assessment (OEHHA) established the following two Maximum Allowable Dose Levels (MADLs) for the chemical n-hexane:

• Oral MADL: 28,000 micrograms per day
• Inhalation MADL: 20,000 micrograms per day

The regulation will be effective on 1^st July 2019.

For more information click here.

California Proposition 65 Reformulations (April, 2019)

California Proposition 65 is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, which has been effective for almost 30 years. Due to the implement of California Proposition 65, more and more court cases are settled to reduce the exposure of carcinogenic and reproductive chemicals by reformulating the consumer products containing such chemicals.

In order to keep retailers and manufacturers up-to-date, the highlights of some recent consent agreements are summarized as below:

US | Maine

Proposal to designate PFOS as Priority Chemical in children’s products

The Maine Department of Environmental Protection has recently proposed a draft rule (“Chapter 890: designation of PFOS as priority chemical”).  This chapter would designate perfluorooctane sulfonic acid (“PFOS”) as a priority chemical and would require reporting for certain children’s products containing PFOS.

No later than 180 days after the effective date of this chapter, or within 30 days of the sale of the children’s product within the State of Maine, manufacturers and distributors would be required to report to the Department if the regulated chemical is intentionally added to the following product categories and exceeds the practical quantification limit (PQL), pursuant to section 4(B) of this chapter with some exemptions:

• Childcare article
• Children’s clothing
• Children’s footwear
• Children’s sleepwear
• Children’s toy
• Cookware, tableware, reusable food and beverage containers
• Cosmetics and personal care products
• Craft supplies
• Electronic device
• Household furniture and furnishings

The following information would have to be reported to the Department:

• Name and address of the manufacturer or distributor.
• Name, address, and phone number of a contact person for the manufacturer or distributor.
• A description of product that contain PFOS.
• Amount of PFOS in each unit of the product reported.
• Function of PFOS in the product reported.
• Number of product units sold or distributed in Maine.
• Any other relevant information.

Comments can be submitted by May 6, 2019. For more information, click here.

US | New Jersey

New Jersey Passes Asbestos Ban

On 25^th March 2019, New Jersey passed Assembly Bill A4416 on a 76-0 vote to prohibit the sale, offering for sale, or distribution of products containing asbestos in this State. This ban would come into effect on the first day of the fourth month after the bill is enacted into law.

Asbestos have been widely used in building, friction, heat-resistant fabrics, packaging, gaskets, and coatings because of its fiber strength and heat resistance. While exposure to asbestos increases the risk of developing harmful health effects such as lung cancer. Most of the uses of asbestos are currently banned by federal regulation.

China

Ban for several persistent organic pollutants

On 11^th March 2019, the Ministry of Ecology and Environment of the People’s Republic of China published Notice No. 10 of 2019 on the prohibition of the production, distribution, use and import and export of the following persistent organic pollutants:

• Lindane and endosulfan.
• Perfluorooctane sulfonic acid (PFOS) and its salts, and perfluorooctane sulfonyl fluoride (PFOS-F).

The prohibition became effective on March 26, 2019.

Click here for getting the official publication (in Chinese).