Emerging State Chemical Regulations: Navigating Compliance Challenges - QIMA
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Emerging State Chemical Regulations: Navigating Compliance Challenges
Agenda
Regulatory Trends
Updates at the State Level
Chemicals of Concern (CoC) Regulation Updates
Model Toxics in Packaging Legislation
Flame Retardants and Persistent, Bioaccumulative and Toxic (PBT) Chemicals
Recommendation on Navigating these Continuously Evolving Regulations
info@qima.com 2
Regulatory Trends at State Level
Increases in State Level regulatory activity
• Per- and Polyfluoroalkyl Substances (PFAS)
• Flame Retardants
Why?
• Similar restrictions continue to be
enacted globally
• Increased concern with Health and
Environmental impact
• Limited consumer protection at the federal level
info@qima.com 3
CoCs
Oregon Toxic Free Kids Act
Reporting Requirement - 86 chemicals in specific Children’s
Products
Phase 3 Implemented – Certain products must have
HPCCCH removed, substituted, or granted waiver prior to
the third biennial reporting date for that HPCCCH in that
product
• Covered Products:
- Products intended for children under 3 years of age
- Children’s cosmetics
- Children’s products intended to be placed in the mouth
• Could require action as early as Jan. 2022
info@qima.com 4
CoCs
New York: S.501B Amendments
Banned Chemicals: Starting Jan. 1, 2023 - Asbestos, benzene, TDCPP are not permitted to be
intentionally added to children’s products
CoC
• Currently reviewing literature and considering other state CHCC lists
• List must be promulgated by March 1, 2022; enforcement 12 months after
High-Priority Chemicals (HPC)
• Tris, Benzene, Mercury, Asbestos, Arsenic, Cadmium
(excluding toy coatings), Organohalogen flame
retardants (bedding and furniture) have been
designated as high-priority chemicals.
Regulations are still under development
info@qima.com 5
CoCs
Safer Products for Washington Act
Phase 1 – Identified priority chemicals (May 8, 2019)
Phase 2 – Identification of Priority Products in which chemicals
are restricted (June 1, 2020)
• Electrical and Electronic Equipment (FR)
• Personal Care Products (Phthalates)
• Leather and Textile Furnishings (PFAS)
• Foam (FR)
• Carpets and Rugs (PFAS)
• Inks and Paints (PCBs)
• Vinyl Flooring (Phthalates)
Phase 3 – Determination of Restriction (June 1, 2022)
Phase 4 – Restriction via Rulemaking (June 1, 2023)
info@qima.com 6
Toxics in Packaging Clearinghouse
Model Toxics in Packaging
Updated requirements announced February 2021
Each state must adopt changes to current laws or
adopt a new law prior to enforcement
Phthalates – Sum must not exceed 100 ppm
Perfluoroalkyl and polyfluoroalkyl substances (PFAS) –
No detectable amount permitted
Previous requirement only addressed Heavy metals –
Lead, Cadmium, Mercury and Hexavalent chromium
info@qima.com 7
PBTs
Flame Retardants
Massachusetts H4900 (Section 28 to Chapter 21A) – Effective Dec. 31, 2021
• Covered products – Bedding, carpeting, children’s products, residential upholstered
furniture, window treatments
• Limits: Listed flame retardants ≤ 1000 ppm
California:
• State-wide flame retardant ban (AB-2998) – Effective Jan. 1, 2020
- Covered Products - Juvenile products, mattresses and
upholstered furniture must contain ≤ 1000 ppm of listed
Flame Retardants
• San Francisco City Ordinance
- Enforcement Dates: Jan 1, 2019 (non-electronics) and July 1, 2019 (electronics)
info@qima.com 8
PBTs
Flame Retardants
Nevada Prohibition of Organohalogen Flame
Retardants in Certain Children’s Products and
Textile Products (AB 97) – Effective July 1, 2022
• Covered products – Children’s products,
upholstered residential furniture, residential
textile, business textile or mattress
• Limits: Organohalogenated flame retardants
≤ 1000 ppm
• Prohibits replacement of Organohalogenated
flame retardants with any other chemical that
is known or suspected to be harmful
info@qima.com 9
PBTs
Per- and Polyfluoroalkyl Substances (PFAS)
Current State regulation of PFAS in firefighting foam, drinking water, food
packaging and consumer products
Included in previously mentioned regulations (WA, NY, TPCH, etc.)
Additional Recent Regulation:
Scope State, Municipality and Legislation Scope State,Municipality and Legislation
/ Enforcement Dates / Enforcement Dates
Food • Washington HB 2658: Jan. 1, 2022 Cosmetics • Maryland HB0643: Jan. 1, 2025
Packaging • New York S8817 (food packaging from plant fibers):
Children’s • Maine Toxic Chemicals in Children’s Products
Dec. 31, 2022
Products (Chapter 890) added as Priority Chemical (Reporting
• Washington ESHB 2658 (paper based food
Rule): Jan. 1, 2021
packaging): Dec. 2023
• Vermont Bill S. 20 Act No. 36 of 2021 added 3 PFAS as
• Maine L.D. 1433 bill: Jan. 1, 2022 (if safe alternative)
CHCC under §1773 of Chapter 38A of The Vermont
• Vermont Bill S. 20 Act No. 36 of 2021: July 1, 2023
Statutes (Reporting Rule): Jan. 1, 2022
• Connecticut Act no. 21-191: Dec. 31, 2023
• Minnesota SF 20 Sec. 105: Jan. 1, 2024
info@qima.com 10PBTs
Per- and Polyfluoroalkyl Substances (PFAS)
Maine Bill LD 1503
When PFAS is intentionally added, this
new law:
• Bans sale of carpets, rugs and fabric
treatments (Jan. 1, 2023)
• Requires notification for any product
(Jan. 1, 2023)
- Must include purpose and amount of
PFAS in the product
• Bans sale of any product (Jan. 1, 2030)
info@qima.com 11Recommendations on Navigating State Regulations
Review your Product Line to determine applicability
Consider an RSL
Require a Declaration or Attestation
Review Bill of Substances
Perform Appropriate Testing
Report or Warn as required
Look for Safer Alternatives
Ensure Factories have Chemical Management System
info@qima.com 12Confirm Applicability
Determine which products fall Determine into which States your
within the scope of the State Law product will be distributed
info@qima.com 13Restricted Substances List (RSL)
Use an industry RSL such as AAFA’s
Refer to individual company RSLs such as
Amazon, Walmart, Nike, Adidas, IKEA…
Create your own RSL
• Specific to your product line
• Refer to the US State laws as well as
global regulations
info@qima.com 14Supplier Declaration
General statement of compliance
Detailed supplier declaration
Company-specific attestation
info@qima.com 15Review Bill of Substances
Bill of Materials
Bill of Substances
Identify chemicals of concern
info@qima.com 16Perform Chemical Testing
Test for all restricted chemicals
Perform screening test
Test based on risk assessment
For Prop 65, test based on settlements
info@qima.com 17Reporting
Determine to which State reporting is required
• and which chemicals require reporting
• and who will do the reporting
Automated software for regulatory compliance
info@qima.com 18Chemical Management Program
Review chemical inventory
Identify restricted chemicals
Ensure proper storage and use
Use only approved chemical suppliers
info@qima.com 19Safer Alternatives
Requirement for certain states and certain types of products
Use databases to assess if the chemicals you are considering are known hazards:
• Chemical Hazard Data Commons
• Toxnot
• Chemical Hazard and Alternatives Toolbox (ChemHAT)
• EPA's Safer Chemical Ingredient List (SCIL)
Look for existing chemical hazard assessments or conduct your own:
• Interstate Chemicals Clearinghouse Chemical Hazard Assessment Database
• GreenScreen® store
• Quick Chemical Assessment Tool (QCAT)
• GreenScreen® for Safer Chemicals
Identify and evaluate alternatives
info@qima.com 20Stay Informed
Third party laboratories
• www.qima.com/regulatory-updates
Recall notices
• Saferproducts.gov
Saferstates.org
OEHHA.ca.gov
Industry Associations & Conferences
info@qima.com 21Thank You! Email: info@qima.com Visit: www.qima.com
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