6 New Substances Added to CP65 List
Effective Dec 17, 2021, the Office of Environmental Health Hazard Assessment (OEHHA) added tetrahydrofuran (CAS No. 109-99-9), 2-ethylhexyl acrylate (CAS No. 103-11-7), methyl acrylate (CAS No. 96-33-3), and trimethylolpropane triacrylate, technical grade to the list of chemicals known to the State of California to cause cancer for purposes of Proposition 65. On Dec 31, 2021, OEHHA then added perfluorononanoic acid (PFNA) and its salts to the CP65 list. At a public meeting on Dec 14, 2021, the Developmental and Reproductive Toxicant Identification Committee (DARTIC) in its official capacity as the "state's qualified experts" determined that PFNA and its salts were clearly shown through scientifically valid testing according to generally accepted principles to cause reproductive toxicity, based on the male reproductive endpoint. According to CP65 requirements, if a product contains hazardous substances on the list, the manufacturer and distributor must put clear and reasonable warning labels on the product, otherwise they may face the risk of lawsuits and penalty.
New York State to Ban Harmful Flame Retardant Chemicals in Consumer Products
With the signing of legislation S.4630-B/A.5418-B, New York becomes the first US state to prohibit the sale of mattresses, upholstered furniture and electronic displays containing halogenated, organophosphorous, organonitrogen and nanoscale flame retardants. Herein, the term 'electronic displays' refers to residential electronics featuring at least a 15 square-inch screen, such as televisions and computer monitors. Effective Jan 1, 2024, intentionally added organohalogen flame retardants are banned in enclosure and stand of electronic displays. Moreover, from 31 Dec 2022, the measure would require sellers to annually disclose to the State's Department of Environmental Conservation (DEC) all flame retardants in electronic display casings or stands, to ensure the sale of the product. Violators will face up to $2,500 in penalties each day for recurring offences.
Germany Regulated Printing Inks and Varnishes in FCM
On Dec 7, 2021, Germany's Federal Ministry of Food and Agriculture (Bundesministerium für Ernährung und Landwirtschaft, BMEL) published its Twenty-First Regulation amending the Consumer Goods Ordinance (Bedarfsgegenständeverordnung, BedGgstV) to regulate printing inks and varnishes in food contact materials and articles. The Ordinance provides a positive list of substances that are allowed for the manufacture of printing inks or varnishes. It includes polymers made from monomers or other starting substances, as well as monomers or other starting materials or colorants, solvents, photoinitiators, or other additives. Besides, the Ordinance restricts the migration of primary aromatic amines (PAA) and seven heavy metals in food contact printed materials and articles. The above requirement shall come into effect from Jan 1, 2026 for printing inks and varnishes in food contact materials and articles. Food contact printed materials and articles complying with provisions that are in force until Dec 31, 2025, may continue to be placed on the market after this date and remain on the market until stocks are exhausted. Food contact printed materials and articles manufactured using pigments in Table 2 to Appendix 14 to Ordinance may continue to remain on the market until stocks are exhausted after Dec 31, 2026.
European Commission Ends Use of Mercury in Lamps
On Dec 16, 2021, the European Commission has adopted 12 delegated acts, ending a broad range of existing exemptions for the use of mercury in lamps in Annex III to RoHS Directive. The package of delegated acts involves 1(a)-(e), 1(f), 1(g), 2(a)(1)-(5), 2(b)(3), 2(b)(4), 3(a)-(c), 4(a), 4(b), 4(c)I-III, 4(e) and 4(f). Most of these exemptions for general lighting will be discontinued as assessments conducted by the Commission since 2016 concluded that safe, mercury-free alternatives are widely available for fluorescent lamps. For certain lamp categories, mainly for special purposes like in the industrial or medical sector, for which sufficient reliable mercury-free substitutes are not yet available, time-limited exemptions to use mercury are still granted, under the restrictive conditions set by the RoHS Directive. Afterward, the above 12 delegated acts will be submitted to the European Parliament and the Council. Both co-legislators have two months to either accept or reject the acts – a process which can be extended by a further two months if needed. Based on the applicable legal provisions, the co-legislators do not have the possibility to amend the delegated acts. After final adoption, Member States will have six months to transpose them into their national legislation.
Final Report on RoHS Exemptions Evaluation Pack 22 Released
On Jan 13, 2022, the final report on the "Study to assess requests for a renewal of nine exemptions 6(a), 6(a)-I, 6(b), 6(b)-I, 6(b)-II, 6(c), 7(a), 7(c)-I and 7 (c)-II of Annex III of Directive 2011/65/EU (Pack 22)" was published. The exemptions under evaluation concerned the use of lead in various applications of materials in electrical and electronic components including metal alloys (steel, aluminum and copper), high melting temperature type solders, glass or ceramic or dielectric ceramic and so on. Besides, five new exemptions of 6(a)-II, 6(b)-III, 6(b)-IV, 7(c)-V, 7(c)-VI were added, and 7 application scenarios of Exemption 7(a) are specified. The Official Journal of the European Union (EUOJ) will update Annex III exemptions of the RoHS Directive based on the final report.