Chemicals | Monthly bulletin | September 2022

Europe

Recent updates regarding REACH Regulation

The following table provides a summary of some recent updates (non-exhaustive) regarding REACH Regulation (EC) No 1907/2006:

Other interesting links about REACH from the ECHA’s website

• Registry of restriction intentions until outcome - ECHA (europa.eu)
• Registry of SVHC intentions until outcome - ECHA (europa.eu)
• Substance evaluation - CoRAP - ECHA (europa.eu)
• Adopted opinions and previous consultations on applications for authorisation - ECHA (europa.eu)
• Applications for authorisation - current consultations - ECHA (europa.eu)
• Current calls for comments and evidence - ECHA (europa.eu)
• Authorisation List - ECHA (europa.eu)
• ECHA's completed activities on restriction
• Submitted restrictions under consideration
• Assessment of regulatory needs list

Recent updates regarding CLP Regulation

On 22^nd July 2022, the European Commission called for feedback on its Classification, Labelling and Packaging (CLP) Regulation.

The CLP Regulation (Regulation (EC) No 1272/2008) sets rules for classifying, labelling and packaging substances and mixtures. Part 1 of Annex VI lists ‘notes’ that can be assigned to substances with harmonised classification. These notes provide further instructions on how to classify and label certain substances or mixtures containing them. New notes have been assigned to certain substances that were recently classified or reclassified.

The feedback period ended 19^th August 2022.

For more information, visit the European Commission website here.

Other interesting links about CLP from the ECHA’s website

• Registry of CLH intentions until outcome - ECHA (europa.eu)
• Harmonised classification and labelling consultations - ECHA (europa.eu)

France

Extended producer responsibility of chemical products

In France, according to the principle of extended producer responsibility (EPR), the safe disposal of chemical waste that may present significant risks to human health or the environment (as defined in article R. 543-228 of the French environment code) and its containers is the responsibility of the producers of said waste. Producers must either set up their own collection, disposal or recycling system and get approval from the relevant authorities, or join an established collection and treatment scheme.

On 13 July 2022, French authorities amended an order issued on 29 December 2021 to extend the responsibilities of Paris-based organisation PYREO (previously named APER PYRO) to oversee the collection, treatment and disposal of chemical products or items containing chemical products produced by its member companies which could present a significant risk to human health and the environment. PYREO will be tasked with this until 31 December 2027.

For more information , consult the Legifrance website here.

UK

GB PIC list publication in 2023

The Health and Safety Executive (HSE) is the Prior Informed Consent (PIC) Designated National Authority (DNA) for Great Britain (GB). The HSE administers the PIC regime including the export notification system.

In 2023, the HSE will publish a GB PIC list of substances that exporters will be obliged to register with the HSE.

The GB PIC Regulation requires the first export of a listed chemical in any calendar year, to any country, to be notified to the HSE at least 35 days before the intended date of export. Export includes the movement of a listed chemical from GB to Northern Ireland.

Special Reference Identification Numbers (RINs) are required for PIC chemicals exported for the purpose of research or analysis in quantities of 10kg or less per exporter, per year and per importing country and are otherwise exempt from the requirements of the GB PIC Regulation.

A Special RIN is also required where an importing country has waived its right to receive an export notification and has notified a positive import response under the Rotterdam Convention for the chemical being exported.

For more information, consult the HSE website here.

US

Delaware Passes New Flame Retardants Law

On August 4^th, 2022, Delaware passed HB 77 to restrict a variety of flame retardant chemicals in certain consumer products. The effective date is July 1^st, 2023. Please see Table 1 below to see a summary of the restrictions.

Table 1:

*Exemptions:

(1) Used upholstered furniture

(2) Used mattresses

(3) Upholstered and reupholstered furniture purchased for public use in public facilities

(4) Thread or fiber when used for stitching mattress components together

(5) Used children’s products or children’s products that are used in products or components as follows:

       (a) are not primarily intended for use in the home, such as motor vehicles, watercraft, aircraft, or other vehicles

       (b) are subject to 49 C.F.R. Part 571 regarding parts and products used in vehicles and aircraft

(6) Components of an adult mattress other than foam

(7) Electronic components of a children’s product, mattress, or upholstered furniture, or any associated enclosure or casing for the electronic components

(8) A product transferred to a vehicle at a warehouse or distribution center for delivery in another state to any of the following:

       (a) a location under the same ownership as the warehouse or distribution center

       (b) a person acquiring the product for resale in another state

(9) Mattresses or upholstered furniture that can be sold or distributed in commerce in California

** Children’s product means product designed for residential use by infants and children under 12 years old, including a bassinet, booster seat, changing pad, floor play mat, highchair pad, infant bouncer, infant carrier, infant seat, infant swing, infant walker, nursing pad, nursing pillow, playpen side pad, play yard, portable hook-on chair, stroller, mattress, and children’s nap mat.

*** Upholstered furniture means residential furniture intended for indoor use in a home or other dwelling intended for residential occupancy that consists in whole or in part of resilient cushioning materials enclosed within a covering consisting of fabric or related materials.

**** Organohalogen means a class of chemicals that includes any chemical containing 1 or more halogen elements bonded to carbon.

California Proposition 65 Reformulations

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 implementation 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 the consent agreements and settlements are summarized as below: