Chemicals | Monthly bulletin | July 2022
New update to Candidate List of Substances of Very High Concern (SVHCs)
On 10th June 2022, the ECHA (European Chemicals Agency) released the new Candidate List of SVHCs. With the addition of 1 new substance, the current list of SVHCs now contains 224 substances.
See below a table indicating the lastest substance addition:
Nº |
Substance name |
EC number |
CAS number |
Reason for inclusion |
1 |
N-(hydroxymethyl)acrylamide |
213-103-2 |
924-42-5 |
Carcinogenic; Mutagenic |
N-(hydroxymethyl)acrylamide is mostly used in polymers and manufacturing other chemicals, textiles, leather or fur, paints and coatings.
Legal obligations for companies using SVHC substances include:
- Suppliers provide customers and consumers with enough information to allow for safe use of products that contain a substance of very high concern (SVHC) above a concentration of 0.1 % (weight by weight)
- Importers and producers of these products must notify the ECHA if their article contains SVHC substances above a concentration of 0.1% weight by weight (w/w) and the substance is present in those products in quantities totalling over 1 tonne per producer or per importer per year. The notifications have to be submitted within six months from the date it that the substance is included in the list.
- Suppliers of substances on the Candidate List, supplied either on their own or in mixtures, have to provide their customers with a safety data sheet.
- Under the Waste Framework Directive (Directive 2008/98/EC on waste- WFD), any supplier of an article containing a substance of very high concern (SVHC) in a concentration above 0.1% weight by weight (w/w) on the EU market is required to submit a SCIP Notification on that article to ECHA, as of 5 January 2021. SCIP is the database holding information on Substances of Concern in articles, as such or in complex objects (products), established under the WFD. The SCIP database complements the existing notification obligations for Candidate List substances in articles subject to REACH regulation and its related communication through the supply chain, according to Articles 7 (2) and 33 respectively.
Click here to access the official List from ECHA’s website.
Recent updates regarding REACH Regulation
The below table provides a summary of some recent updates (non-exhaustive) regarding REACH Regulation (EC) No 1907/2006:
Summary of the Most Recent Updates |
||
Date |
Subject |
Link |
31/05/2022 |
New user role improves confidentiality for SCIP. |
For more information, consult the ECHA’s website here. |
01/06/2022 |
The European Chemicals Legislation Finder (EUCLEF) has been updated with regulation on medical devices and an updated list reharding occupational exposure limits. |
For more information, consult the ECHA’s website here. |
10/06/2022 |
The European Commission has published a recommendation on the definition of nanomaterial |
Consult the European Commission publication here and find more information about the European chemical strategy here. |
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
Summary of the Most Recent Updates |
||
Date |
Subject |
Link |
01/06/2022 |
Publication of poison centre notifications and practical guide |
For more information, consult the ECHA’s 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)
5 new substances proposed as POPs
The consultation regarding the addition of 5 new substances to be listed as persistent organic pollutants under the Stockholm Convention is opened until 19th July 2022. The proposed substances are:
Name |
EC Number |
CAS Number |
2-(2H-benzotriazol-2-yl)-4,6-ditertpentylphenol |
247-384-8 |
25973-55-1 |
Chlorinated paraffins with carbon chain lengths in the range C14-17 and chlorination levels at or exceeding 45 per cent chlorine by weight |
- |
- |
Chlorpyrifos |
220-864-4 |
2921-88-2 |
Dechlorane Plus and its syn- and anti-isomers |
- |
- |
Long-chain perfluorocarboxylic acids, their salts and related compounds |
- |
- |
For more information, consult the ECHA’s website here.
Public initiatives related to chemicals and RoHs
The below table includes some recent publications related to chemicals and RoHs:
Status |
Category |
Publication |
Commission adoption planned for fourth quarter 2022 |
RoHS |
Restriction of the use of hazardous substances in electronics |
Draft act in preparation |
Chemicals |
Mercury-added products – EU ban on export, import and manufacture |
Draft act in preparation |
Chemicals |
Liquid mercury waste – temporary storage pending treatment for final disposal |
Feedback period until 8th July 2022 |
RoHS |
RoHS Regulation 2022 amendment
On 9th June 2022, an amendment to UK RoHS Regulation was published.
The amendment introduces three new exemptions which concern the application of Bis(2-ethylhexyl) phthalate (DEHP), butyl benzyl phthalate (BBP), and diisobutyl phthalate (DIBP) in certain types of medical devices and spare parts recovered from and used for the repair or refurbishment of medical devices.
These Regulations came into force on 1st July 2022.
For more information, consult the official publication on legislation.gov.uk here.
Recent updates regarding UK REACH and GB CLP
The below table gives a summary of the most recent updates (non-exhaustive) regarding UK REACH and GB CLP:
Summary of the Most Recent Updates |
||
Date |
Subject |
Link |
26/05/2022 |
Updating the GB mandatory classification and labelling list (GB MCL List) |
HSE GB CLP publication table can be consulted here. |
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 consumer products containing such chemicals.
In order to keep retailers and manufacturers up-to-date, the highlights of the consent agreements and settlements are summarised below:
Product |
Chemical |
Limit |
Case No |
Polyester Socks with Spandex |
BPA |
1 ppm or utilise a warning statement |
San Francisco Superior Court CGC-22-598022 |
Vinyl Book Carrying Case |
DEHP |
1000 ppm or utilise a warning statement |
Out of Court Settlement |
Reusable Straw and Cleaning Brush Set with Carry Pouch |
DEHP |
1000 ppm or utilise a warning statement |
Out of Court Settlement |
Car Mats |
DEHP |
1000 ppm or utilize a warning statement |
Out of Court Settlement |
Hair Dryer |
DEHP |
1000 ppm in each accessible component or utilise a warning statement |
Out of Court Settlement |
Holiday Décor Bells |
Lead |
|
Out of Court Settlement |
Tire Sealants |
DEHP |
1000 ppm or utilise a warning statement |
Out of Court Settlement |
Desk Organisers with Brass Components |
Lead |
|
Out of Court Settlement |
Colorado approves new PFAS law
Colorado has recently passed Bill HB 22-1345 to ban intentionally added PFAS in various consumer products. The new law also includes a labeling requirement for cookware containing PFAS substances. Please see Table 1 below for the varying requirements and effective dates
Table 1:
Product |
Requirement |
Effective Date |
Carpets/Rugs – used in households and businesses |
Not sell, offer for sale, distribute for sale or distribute for use any product that contains intentionally added PFAS chemicals |
January 1st, 2024 |
Fabric Treatment |
||
Food Packaging |
||
Juvenile Products |
||
Oil and Gas Products |
||
Cosmetics |
January 1st, 2025 |
|
Indoor Textile Furnishing |
||
Indoor Upholstered Furniture |
||
Outdoor Textile Furnishing |
January 1st, 2027 |
|
Outdoor upholstered Furniture |
||
Cookware |
Cookware that contains intentionally added PFAS chemicals in the handle or in any surface that comes into contact with food, foodstuffs, or beverages shall: (1) List the presence of PFAS chemicals on the product label (2) Include on the product label a statement, in both English and Spanish, that reads: "FOR MORE INFORMATION ABOUT PFAS CHEMICALS IN THIS PRODUCT, VISIT" followed by both an internet website address and a QR code for a web page that provides information about why the PFAS chemicals are intentionally added. |
January 1st, 2024 |
FDA amends food additive regulations
On May 20th, 2022, the Food and Drug Administration (FDA) published a Final Rule in the Federal Register to no longer provide for the use of 25 plasticisers in various food contact applications because these uses have been abandoned. The FDA revoked authorisations for the food contact use of 23 phthalates and 2 other substances used as plasticisers, adhesives, defoaming agents, surface lubricants, resins, and slimicides. This action will result in limiting the use of phthalates in food contact applications to 9 phthalates (8 authorised for use as plasticisers and 1 authorised for use as a monomer).
Thailand publishes 5 new standards for food contact plastics
Thailand’s Thai Industrial Standards Institute (TISI) has recently published 5 new standards for food contact materials. 3 standards are related to plastic utensils and 2 standards are related to plastic food containers for microwave ovens. Please see Table 1 below for the list of new food contact standards that will become effective on January 3rd, 2023.
Table 1:
Standard Number |
Standard Title |
TIS 655 Part 1-2553 (2010) |
Plastic utensils for food part 1 Polyethylene, Polpropylene, Polystyrene, Poly (Ethlene Terephthalate), Poly (Vinyl Alcohol), and Poly (Methyl Pentene) |
TIS 655 Part 2-2554 (2011) |
Plastic utensils for food part 2 Poly (Vinyl Chloride), Polycarbonate, Polyamide, and Poly (Methylmethacrylate) |
TIS 655 Part 3-2554 (2011) |
Plastic utensils for food part 3 acrylonitrile-butadiene-styrene and strene-acrylonitrile |
TIS 2493 Part 1-2554 (2011) |
Plastic food containers for microwave oven part 1 for reheating |
TIS 2493 Part 2-2556 (2013) |
Plastic food containers for microwave oven part 2 for single reheating |