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On May 12, 2023, the 11th Conference of the Parties to the Stockholm Convention made a significant decision to eliminate the use of three persistent organic pollutants. These substances include the pesticide Methoxychlor, the industrial chemical Dechlorane Plus, and UV-328, and they have been added to Annex A of the Convention. In the near future, the Parties to the Convention will take action to regulate these three substances, and the European Union will also incorporate them into the EU POPs regulation.
Minnesota has passed a restriction bill for PFAS with a vote of 72 in favor and 57 against in the House of Representatives, and 35 in favor and 32 against in the Senate. On May 19th, the restriction bill was submitted to the governor. If the bill (HF 2310) becomes law, Minnesota will become the first state in the Midwest to mandate disclosure and comprehensive restrictions on products containing intentionally added PFAS substances.
Per- and Polyfluoroalkyl Substances (PFAS) refer to substances that contain at least one perfluorinated methyl (CF3-) or methylene (-CF2-) carbon atom (without any H/CI/Br/I). According to existing data, there are over 10,000 substances that meet this definition.
The European Commission published the amendment to the POPs Regulation in its Official Journal on April 28, 2023 - (EU) 2023/866, primarily updating certain exemptions related to perfluorooctanoic acid (PFOA), its salts, and PFOA-related compounds in points 3, 4, and 5. This amendment shall enter into force on the twentieth day following its publication in the Official Journal, and Member States shall adopt and publish the relevant laws, regulations, or administrative provisions by no later than August 18, 2023.
Starting from April 21, 2023, two substances including 1,1,1-trichloroethane (CAS number 71-55-6) and C.I. Acid Green 73 (CAS number 129-73-7), has been added to the list of known carcinogens under Proposition 65. This list requires warning labels to be placed on goods according to the mechanism established by the California Labor Code.
On May 8th, 2023, the European Commission published the revised regulation (EU) 2023/923 of Annex XVII of the REACH Regulation (EC) No 1907/2006 in its official journal. The regulation aims to restrict the use of lead stabilizers in polyvinyl chloride (PVC). In addition, the regulation proposes some exceptions for the use of recycled PVC products. The revision will come into effect 20 days after the official announcement. The second column of entry 63 of Annex XVII of the REACH Regulation now includes new restrictions on lead and its compounds.
The European Commission has recently published regulation (EU) 2023/464, which amends the Annex to Regulation (EC) No 440/2008, a set of test methods under the Registration, Authorization and Restriction of Chemicals (REACH) regulation.
In this amendment, a number of new OECD in vitro test methods are introduced while some old test methods are removed such as Two-Generation Reproduction Toxicity Study (OECD 416) and Unscheduled DNA Synthesis (UDS) Test with Mammalian Liver Cells in vivo (OECD 486), which promotes the application of in vitro test methods in the EU.
In October 2021, the US EPA developed a PFAS strategic roadmap. In the absence of comprehensive federal legislation, several states are developing or updating their own PFAS regulations. This article compiles the current regulatory situation.
According to the OECD, PFAS are defined as any substance containing at least one perfluorinated methyl (CF3-) or methylene (-CF2-) carbon atom (with no H/Cl/Br/I attached to that carbon atom). PFAS include thousands of synthetic chemicals such as perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). PFAS have non-stick, oil-resistant, water-resistant, and grease-resistant properties. Since the 1960s, PFAS have been used in food contact substances (FCS) in the US, including cookware, food processing equipment (such as gaskets and O-rings), processing aids for other FCS (such as reducing buildup on manufacturing equipment), and food packaging (such as a grease-resistant coating).
To protect workers and the environment, ECHA recommends to adds eight substances, including lead, to the REACH Authorisation List. Once substances are added to the REACH Authorisation List, companies will need to apply for authorisation before a specific date to continue using them.
ECHA’s Enforcement Forum agreed to run a pilot project to check for the presence of restricted perfluorocarboxylic acids (PFCAs) and related substances in consumer products such as cosmetics.
In 2023, EHCA announced that the pilot project will be launched for inspection and will continue in 12 participating countries in 2024. The aim is to protect consumers from exposure to PFCA and related SVHC substances, including PFOA (perfluorooctanoic acid).