April 2022 Regulatory Update

On 6 January 2021, the US Environmental Protection Agency (EPA) published final rules in federal register (86 FR 866-932), under the Toxic Substances Control Act (TSCA) Section 6(h) to restrict the importation and use of five persistent, bioaccumulative, and toxic (PBT) chemicals. These chemicals include:

• PIP (3:1) (phenol, isopropylated phosphate (3:1), CAS 68937-41-7)
• DecaBDE (decabromodiphenyl ether, CAS 1163-19-5)
• 2,4,6 TTBP (2,4,6-tris(tert-butyl)phenol, CAS 732-26-3)
• HCBD (hexachlorobutadiene, CAS 87-68-3)
• PCTP (pentachlorothiophenol, CAS 133-49-3)

These final rules were to be implemented with various in-force dates, starting on 8 March 2021. In March 2021, we informed that the US EPA asked for additional public input to re-examine on these five final rules for PBT chemicals. In September 2021, the EPA issued a final rule (86 FR 51823) to extend the compliance date regarding the PIP (3:1), in which the compliance date was changed to 3 March 2022 in relation to the prohibition on the processing and distribution of certain PIP (3:1) containing articles; the use of PIP (3:1) in manufactured articles; and record keeping requirements for certain industry participants (manufactures, processers and distributors) of such articles.

On 8 March 2022, the EPA published another final rule (87 FR 12875) for further extending the compliance date of PIP (3:1) in relation to the aforementioned provisions. According to the latest final rule, these provisions will become effective on 31 October 2024.

The EPA plans to issue a proposal for new rulemaking for all five PBT chemicals in the spring of 2023 as specified in the EPA website of “Current and Future Actions on PBT Rules”. The current provisions of the final risk management rules remain in effect while the EPA is working on this new rulemaking effort.

Perfluoroalkyl and polyfluoroalkyl substances (PFAS) means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. They are known as ‘forever chemicals’ because they don’t break down in the environment for centuries.

PFAS are widely used in clothing, outdoor gear and other textiles (e.g., table cloths, curtains, furniture, mattress pads) to repel stains, water and oil. Textiles containing PFAS negatively impact people and the environment through the production, use and disposal of such products.

On 7 February 2022, The Safer Clothes and Textile Act (Assembly Bill AB No. 1817) was introduced in California for banning the use of PFAS in textile articles. The bill would prohibit any person from distributing, selling or offering for sale in the state any textile articles that contain regulated PFAS, and require a manufacturer to use the least toxic alternative when removing regulated PFAS in textile articles to comply with these provisions. Highlights of the bill are summarized in the below table.

Perfluorooctanoic acid (PFOA) (CAS No. 335-67-1) is an 8 carbon chain per- and polyfluoroalkyl substance (PFAS). It is used to provide water, oil and stain repellence finishes for textiles and apparel, leather, paper and cardboard, paints, lacquers and other uses such as for non-woven medical garments, floor waxes, and firefighting foam.

In November 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) listed PFOA as a chemical known to the state to cause reproductive toxicity under Proposition 65 (Prop 65.) On 19 March 2021, OEHHA issued a Notice of Intent to List (NOIL) PFOA under Prop 65 as a chemical known to the state to cause cancer. With sufficient data support by the National Toxicology Program (NTP) that PFOA causes cancer, OEHHA has finally expanded listing PFOA as cancer-causing chemical under Prop 65 on 25 February 2022.

Companies doing business in California should provide a clear and reasonable warning before knowingly and intentionally exposing anyone to PFOA by 25 February 2023. Of separate note, the prohibition of knowingly discharging PFOA into sources of drinking water will take effect on 25 October 2023.

On February 2022, Rhode Island published the Toxic Packaging Reduction Act, Act H 7438, to propose the prohibition on the sale or promotional distribution of any food package containing perfluoroalkyl and polyfluoroalkyl substances (PFAS).

Food packaging means any package or packaging component that is applied to or in direct contact with any food or beverage.

"Perfluoroalkyl and polyfluoroalkyl substances (PFAS)" means all members of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

This act would take effect upon passage and the PFAS prohibition would come into effect on 1 January 2024. Furthermore, the provisions regarding the use of post-consumer recycled materials as feedstock for new packaging materials would come to an end on 1 July 2027.

On 3 February 2022, as directly stated in the notice of proposed rulemaking, the Consumer Product Safety Commission (CPSC) determined preliminarily there to be an unreasonable risk of injury and death associated with clothing storage units (CSUs) tipping over, particularly in relation to children.

Common names for CSUs include, but are not limited to, chests, bureaus, dressers, armoires, wardrobes, chests of drawers, and chifforobes. To focus on the associated risk, the CPSC proposed a rule addressing the stability of CSUs which is currently open for comment.

The proposed rule would require CSUs to be tested for stability (exceeding minimum stability requirements), be marked and labelled with safety information, and include a hang tag which would contain performance and technical data about the stability of the CSU. The Commission issued this proposed rule under the authority of the Consumer Product Safety Act (CPSA).

The comment period is open until 19 April 2022.

*Other Hazards include Lead Poisoning Hazard, Drowning Hazard, Tip-Over Hazard, Suffocation Hazard, Fall Hazard and Crushing Hazard with a frequency of less than 2.

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*Other Hazards include Drowning Hazard, Entrapment Hazard, Chemical Hazard, Ingestion Hazard and Safety Risk Hazard with a frequency of less than 2.

*Other Categories include Tools and Hardware, Machinery, Bodycare / Cosmetics, Chemicals, Accessories, Protective Equipment, Footwear and Food Contact Material with a frequency of less than 2.

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Based on the Harmonized Standards for Electrical Equipment Under Low Voltage Equipment Directive 2014/35/EU, Decision (EU) 2019/1956 - Amendment (on luminaires, electrical accessories, circuit breakers, electrical equipment for measurement, control, laboratory use, etc.) - Decision (EU) 2022/45, there is a presumption of conformity to the safety objectives referred to in Article 3 of that directive.

Article 1 - Implementing Decision (EU) 2019/1956 is amended as follows:

1. Annex I is amended in accordance with Annex I to this Decision; The following harmonized standards satisfy the safety objectives which they aim to cover, and which are set out in Directive 2014/35/EU. It is therefore appropriate to publish the references of those standards, and of the amendments and corrections thereto in the Official Journal of the European Union as referenced below:
• EN IEC 61010-2-034:2021 as amended by EN IEC 61010-2-034:2021/A11:2021;
• EN 50520:2020 as amended by EN 50520:2020/A1:2021;
• EN 60898-2:2021; EN IEC 61010-2-051:2021 as amended by EN IEC 61010-2-051:2021/A11:2021;
• EN IEC 61010-2-061:2021 as amended by EN IEC 61010-2-061:2021/A11:2021;
• EN IEC 61010-2-030:2021 as amended by EN IEC 61010-2-030:2021/A11:2021;
• EN 60598-2-13:2006 as amended by EN 60598-2-13:2006/A1:2012 and EN 60598-2-13:2006/A11:2021 and as corrected by EN 60598-2-13:2006/AC:2006;
• EN 61534-1:2011 as amended by EN 61534-1:2011/A1:2014, EN 61534-1:2011/A11:2021 and EN 61534-1:2011/A2:2021;
• EN 61534-21:2014 as amended by EN 61534-21:2014/A11:2021 and EN 61534-21:2014/A1:2021;
• EN 61534-22:2014 as amended by EN 61534-22:2014/A11:2021 and EN 61534-22:2014/A1:2021;
• EN 62135-1:2015 as corrected by EN 62135-1:2015/AC:2016.
2. Annex IB is amended in accordance with Annex II to this Decision; It is necessary to delete the reference of harmonized standard 61010-2-061:2015 published in Annex IB to Implementing Decision (EU) 2019/1956 from Annex IB. It shall be applicable beginning 10 September 2023.
3. (c) Annex II is amended in accordance with Annex III to this Decision. It is therefore necessary to withdraw the references of the following harmonized standards together with the references of any amending or correcting standards thereto published in the Official Journal of the European Union:
• EN 50520:2009;
• EN 60898-2:2006;
• EN 61010-2-051:2015;
• EN 61010-2-061:2015;
• EN 61010-2-030:2010;
• EN 60598-2-13:2006;
• EN 61534-1:2011;
• EN 61534-21:2014;
• EN 61534-22:2014;
• EN 62135-1:2015.

Link: EUR-Lex - 32022D0405 - EN - EUR-Lex (europa.eu)

On 4 March 2022, the European Chemical Agency (ECHA) launched its public consultation for listing N-(hydroxymethyl)acrylamide as one potential Substance of Very High Concern (SVHC). The deadline for public consultation on the proposal is 19 April 2022. If approved, the number of SVHCs on the Candidate List will be increased to a total of 224 entries.

The details of the substance in the consultation are listed below:

On 15 March 2022, France published a draft Decree to ban certain single-use plastic food containers made of expanded or extruded plastic for public comment. The public comment will run through 5 April 2022.

The draft Decree prohibits the following single-use plastics:

• single-use plastic food containers made of all or part of polystyrene expanded or extruded plastics.
• single-use plastic food containers made of all or part of polypropylene expanded or extruded plastics.

“Single-use plastic food containers” means those intended for on-site or nomadic consumption, such as boxes, with or without closure, used to contain food which is intended to be consumed immediately, either on the spot or to take away, usually consumed in the container, and ready to be consumed without further preparation, such as cooking, boiling or reheating.

The prohibition would come into force on 1 July 2022.

Article 11 of the law of 25 February 2022 no. 15, provides for the suspension of the environmental labelling obligation for packaging marketed in Italy (sole obligation to identify on packaging indications for the correct disposal in separate waste collection) to 31 December 2022, as well as the possibility of marketing the stocks of products already placed on the market or labelled by 1 January 2023.

It also provided for a period of 90 days from the entry into force of the decree law within which the Ministry of Ecological Transition will adopt the technical guidelines for environmental labelling by means of a decree of a non-regulatory nature.

*Other Hazards include Entrapment Hazard, Asphyxiation Hazard, Damage to Sight, Microbiological Hazard, Safety Risk Hazard, Health Risk Hazard and Damage to Hearing with a frequency of less than 6.

*Other Categories include Food Contact Material, Furniture, Accessories, Sporting Goods / Equipment, Outdoor Living Items, Tools and Hardware, Computer / Audio / Video / Other Electronics & Accessories, Footwear and Household Items with a frequency of less than 6.

*Other Countries include Slovakia, Italy, Latvia, Czechia, Austria, Croatia, Iceland, Norway, Belgium, Romania, Denmark, Spain and Luxembourg with a frequency of less than 5.

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A national standard for Professional Sportswear – Ski and Snowboard Wear (GB/T 41176-2021) has been issued by the Standardization Administration of China. This standard is applicable to ski and snowboard wear for use in professional sports and is for adults and children aged >36 months. This standard will go into effect on 1 July 2022.

Product categories covered:

• Ski and snowboard wear with a specific designed structure for skiing and snowboarding manufactured using textile fabrics with functional properties of water resistance, wind resistance and breathability.
• Powder skirts and product with fluorescent color are also covered.

Classification of products:

• By style design - it can be divided into either one-piece or two-piece ski and snowboard wear.
• By garment construction - it can be divided into single layer garments, or garments with shell and lining fabrics, or garments with filling materials.

Requirements: Products must comply with the construction requirements, appearance quality and the internal quality stated in this standard. Internal quality requirements include:

• Fiber content
• Formaldehyde, Azo dyes, NPnEO, PFOS, PFOA
• pH value
• Odor
• Dimensional change after washing, appearance after washing
• Down-proof value
• Abrasion resistance
• Strength performance (tear strength, seam slippage, seam strength of trouser back crotch seam)
• Colorfastness of shell fabric (to washing, to transfer in joints, to perspiration, to rubbing, to water, to light)
• Colorfastness of lining fabric (to washing, to perspiration, to rubbing, to water)
• Functional tests of shell fabric (water resistance, wind resistance, breathability water-vapor transmission)

It should be noted that products for children must comply with the requirements in the GB 31701 standard which covers infant and children’s textile products.

Additionally, the quality of any contained filling materials shall comply with relevant national mandatory standards, and down filling material used in the ski and snowboard wear must comply with the provisions of section 4.3.3 of GB/T 14272-2021, standard for down garments.

*Other Hazards include Burn Hazard, Tip-Over Hazard, Risk of Allergy and Suffocation Hazard with a frequency of less than 2.

*Other Categories include Machinery, Tools and Hardware, Footwear and Bodycare / Cosmetics with a frequency of less than 2.

*Other Provinces include Hubei, Liaoning, Jilin, Fujian, Tianjin, Hainan and Yunnan with a frequency of less than 2.

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