Eurofins Softlines & Leather Monthly Bulletin (April 2022)
Sustainable products initiative
On 3 April 2022, the European Commission opened a public consultation to collect opinions about the adopted act to the Ecodesign Directive on consumer products and to propose additional legislation within the EU market to promote sustainability.
The main aims of the proposal for establishing a framework for Ecodesign requirements for sustainable products and repealing Directive 2009/125/EC, are to reduce the negative life cycle environmental impacts of products and improve the internal market.
It also provides for the creation of a digital product passport (‘product passport’), for the setting of mandatory green public procurement criteria and creates a framework to prevent unsold consumer products from being destroyed.
This regulation is part of a package of initiatives presented by the Commission relating to sustainable products and fostering sustainable product choices. The package includes targeted sectoral initiatives on textiles (COM(2022) 141 final), construction products (COM(2022) 144 final.) and a new Circular Economy Action Plan (COM(2020) 98 final).
The main affected products are: electronics & ICT equipment, textiles, furniture, steel, cement & chemicals.
The public consultation is open until 22 June 2022.
For more information, consult in the European Commission website here.
EU Strategy for Sustainable and Circular Textiles
On 30 March 2022, the European Commission published the Communication about EU strategy for sustainable and circular textiles (COM(2022)141 final).
The aim is that, by 2030, textile products placed on the EU market will be long-lived and recyclable, to a greater extent made of recycled fibres, free of hazardous substances and produced in conditions that respect social rights and the environment. On the other hand, the incineration and landfilling of textiles would be reduced to the minimum. Below is a table with the key actions of the European Strategy:
|
EU Strategy for Sustainable and Circular Textiles |
|
|
Key actions Date |
Date |
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Actions under the Ecodesign for Sustainable Products Regulation following its adoption |
|
|
Mandatory performance requirements for the environmental sustainability of textile products |
2024 |
|
Digital Product Passport for textiles with information requirements on environmental sustainability |
2024 |
|
Mandatory requirements concerning green public procurement and Member State incentives |
2024 |
|
Disclosure of the number of discarded products by large enterprises and their subsequent treatment, and measures on banning the destruction of unsold textiles |
2024 |
|
Other actions on sustainable production and consumption |
|
|
Empowering consumers in the green transition and ensuring the reliability of green claims |
2022 |
|
Review of the Textile Labelling Regulation and considering the introduction of a digital label |
2023 |
|
Revision of the EU Ecolabel criteria for textiles and footwear |
2024 |
|
Product Environmental Footprint Category Rules for apparel and footwear |
2024 |
|
Initiative to address the unintentional release of microplastics from textile products |
2022 |
|
Review of the Best Available Techniques Reference Document for the Textiles Industry |
2022 |
|
Enforcing the Corporate Sustainability Due Diligence Directive in the textile sector |
As of 2023 |
|
Actions on waste challenges |
|
|
Extended Producer Responsibility requirements for textiles with eco-modulation of fees and measures to promote the waste hierarchy for textile waste |
2023 |
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Launch of work on the setting of preparing for re-use and recycling targets for textiles |
2022 |
|
Enforcing the restrictions on exports of textile waste outside the OECD and developing criteria for distinguishing waste from second-hand textile products |
As of 2023 |
|
Actions to enable the transition |
|
|
Launch of the Transition Pathway for the Textiles Ecosystem |
2022 |
|
Guidance on supporting uptake and partnerships for the circular economy between social enterprises and other actors, including in the textile sector |
2022 |
|
Guidance on circular economy business models featuring the textile sector |
2024 |
|
Launch of #ReFashionNow |
As of 2022 |
|
New European Bauhaus to support sustainable textiles |
As of 2022 |
|
Horizon Europe calls to support R&D in textiles |
2021-2027 |
|
Adoption of common industrial technology roadmap on circularity |
2022 |
|
Criteria for circular manufacturing of apparel under the Taxonomy Regulation |
2022 |
|
Work on skills for the textiles ecosystem within the European Skills Agenda and the renewed European Alliance for Apprenticeships |
As of 2022 |
|
Strengthening of market surveillance through cooperation between enforcement authorities and launch of EU Toolbox against counterfeiting |
As of 2022 |
The development of end-of-waste criteria for plastic waste
In the Circular Economy Action plan, the European Commission announced the assessment to identify the priority list of waste streams for the development of further EU-wide end-of-waste criteria. After several years of work, the top two candidate streams to be prioritised are:
- Plastics (polyethylene terephthalate recovered/recycled, mixed plastics waste recovered/recycled, polypropylene plastic recovered/recycled from plastic waste between others.)
- Textiles (cellulosic fibres recovered/recycled and mixed fibres recovered/recycled from textile waste between others.)
The development of end-of-waste criteria for plastic waste will commence in Q2 2022 with the finalisation of the technical assessment expected by Q1 2024.
The work on end-of-waste criteria for textile waste will commence in 2023.
For more information, consult the European Commission website here.
The latest publications by Anses related to textile and footwear:
|
Date |
Publication |
|
09/03/2022 |
Chemicals in textiles and footwear: a proposal for regulations that offer more protection |
New York proposes to restrict PFAS and Phthalates in packaging
The State of New York has recently proposed to expand its toxics in packaging act to include restrictions for phthalates and PFAS. Under FY 2023 New York State Executive Budget: Transportation, Economic Development and Environmental Conservation – Article VII Legislation, Part SS, beginning 31 December 2024, New York proposes to prohibit the distribution of packages and packaging components containing:
- Phthalates, individually or in combination, in amounts exceeding 100 ppm by weight; and
- PFAS, individually or in combination, in amounts exceeding 100 ppm by weight.
New York’s Hazardous Packaging Law already prohibits the distribution of packages and packaging components containing lead, cadmium, mercury or hexavalent chromium, individually or in combination, in amounts exceeding 100 ppm by weight. If the new proposed restrictions for phthalates and PFAS are enacted, New York’s packaging law will be in line with the 2021 updated Toxics in Packaging Clearinghouse (TPCH) Model Legislation.
Please click here to see the official text of the proposed bill.
California designates treatments containing PFAS substances for use on converted textiles or leathers as a priority product
On 1 April 2022, California’s Department of Toxic Substances Control (DTSC) listed a new Priority Product under the Safer Consumer Products Regulations: treatments containing PFAS substances for use on converted textiles or leathers such as carpets, upholstery, clothing, and shoes. The cover products include aftermarket treatment products, such as cleaners, protectants, spot removers, and water repellents, but does not include products exclusively used during the manufacturing of converted textiles and leathers.
By 31 May 2022, domestic and foreign manufacturers of the covered products must submit to the DTSC a Priority Product Notification (PPN), naming all of the manufacturer’s products that contain PFAS. Then, by 28 September 2022, manufacturers must submit one of the following:
- a Chemical Removal Intent/Confirmation Notification;
- a Product Removal Intent/Confirmation Notification;
- a Product-Chemical Replacement Intent/Confirmation Notification; or
- a Preliminary Alternatives Analysis Report or other alternate reporting options.
For more information on the PPN, please visit the DTSC’s website here. To see the full text of the new Regulation, please click here.
New Jersey introduces bill to restrict the use of recyclable claims
New Jersey has recently introduced Bill S2145 to prohibit the sale of certain products marketed as recyclable, unless the Department of Environmental Protection determines that the products are widely recycled.
Under Bill S2145, any symbol (such as the chasing arrows symbol or chasing arrows symbol surrounding a resin identification code) or statement claiming the product or packaging is recyclable, or otherwise directing the consumer to recycle the product or packaging, will be considered a deceptive or misleading claim unless the product or packaging is considered recyclable in New Jersey and is of a material type and form that routinely becomes feedstock used in the production of new products or packaging.
California proposes second modification of Prop 65 short form warning rule
On 5 April 2022, California’s Office of Environmental Health Hazard Assessment (OEHHA) issued “Notice Second 15-Day Modification of Text for Proposed Amendment: Clear and Reasonable Warnings – Short Form.” After reviewing comments on the first modification, the OEHHA proposed the following significant changes:
- Remove the label size and package shape limitations to allow the use of the short form warning on product labels of any size;
- Remove the requirement that the font type size must be the same as the largest type size providing consumer information. The minimum 6-point type size requirement for short-form warnings remains unchanged; and
- Modify the effective date of the regulation from one year to two years in order to allow additional time for businesses to implement changes to the short form.
For more details on the proposed changes, please click here.
Washington State passes PFAS priority products law
On 31 March 2022, the State of Washington enacted HB1694, which allows the Department of Ecology (DOE) to accelerate the regulation of PFAS-containing priority products under the Safer Products for Washington program.
Under the new law, the DOE may determine and adopt regulatory actions without going through the standard five-year process, and firefighting personal protective equipment has been established as a priority product for PFAS chemicals. The DOE may also consider any product identified in the DOE’s final PFAS chemical action plan (dated November 2021) as a priority product, such as water-resistant clothing, non-stick cookware, personal care products, cleaning agents, automotive products, floor waxes and sealants, ski waxes, and car waxes.
For such products named as a priority product, the DOE is directed to:
- determine an initial set of regulatory actions by 1 June 2024; and
- adopt rules to implement the initial set of regulatory actions by 1 December 2025.
Proposition 65 60-Day Notices for BPA in Shoes
In April 2022, there were several Proposition 65 60-day notices for Bisphenol-A (BPA) in shoes. BPA is listed under Proposition 65 as a chemical known to cause reproductive toxicity.
Please click here to view the 60-day notices for BPA in shoes that have been published thus far.
Canada updates product safety laboratory test methods
Health Canada develops non-mandatory Product Safety Laboratory (PSL) test methods in order to provide assistance to the industry in understanding how Health Canada assesses products for compliance with mandatory regulations. Health Canada has recently updated the following PSL test methods:
Chemistry Methods
- Determination of Leachable Arsenic (As), Selenium (Se), Cadmium (Cd), Antimony (Sb), and Barium (Ba) in Applied Coatings (C03)
- Determination of para-Phenylenediamine (PPD) in cosmetics and similar consumer products by GC-MS (C42)
Flammability Methods
- Flammability of textiles (F01)
Mechanical Methods
- Sharp Edges (M00.2)
- Flexible Film Bags (M03)
- Playpens (M08)
- Cradles (M12.2)
For a full list of the PSL test methods, please click here.
Japan proposes to designate PFOA-related substances as Class I Specified Chemical Substances
On 2 March 2022, Japan announced a draft measure to designate PFOA-related substances as Class I Specified Chemical Substances under the Act on the Examination of Chemical Substances and Regulation of Manufacturing, etc. The proposed measure attaches a list of PFOA-related substances and aims to prohibit the import of the following products containing the listed substances:
- Floor wax;
- Protective agents and antifouling agents for textile products;
- Water and oil repellent;
- Textile products with water and oil repellency;
- Antifoaming agent;
- Coating agent;
- Optical fibre or its surface coating agent; and
- Fire extinguishers, fire extinguishing agents for fire extinguishers and foam fire extinguishing agents.
Please click here to see the official text of the draft measure in Japanese.
China issues new standard for ski and snowboard wear
China has released a new national standard GB/T 41176-2021 Professional sportswear – ski and snowboard wear, which will become effective on 1 July 2023.
For more information regarding the new national standard, please click here.
New requirements for textile items
In March, the Ministry of Industry and Trade of Morocco published a notice for importers which indicates the new requirements for textiles items. The main points are:
- Clothing fabrics are included in the list of items subject to control at origin. There is a transition period until 07/05/2022 for importers not provided with COCs to submit these clothing fabrics to Morocco for inspection.
- From 07/04/2022 no derogation will be granted. The Certificate of compliance (COC) is mandatory, if the items are on the list of control at origin products.
- The conformity assessment of products found to be non-compliant following the first inspection by sample can be the subject of a 2nd analysis at the request of the importer.
Goods that do not comply with the requirements will not be authorised to enter the market.
Below you will find a monthly summary of product recalls and alerts in Europe (Source “RAPEX”) and the U.S. (Source “CPSC”).
Europe
RAPEX (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities).
The following 8 alerts regarding textile & leather products were reported between week 12 and week 16 of 2022.
|
Type of Risk |
Number of alerts |
Notes |
|
Chemicals |
1 |
Water shoes |
|
2 |
Fancy dress accessories |
|
|
1 |
Sandals |
|
|
Strangulation |
4 |
Children's sweatshirt |
|
1 |
Children's jumpsuit |
|
|
1 |
Children's swimsuit |
|
|
1 |
Children's clothing set |