Understanding the chemicals regulatory landscape in America is no easy feat.
Because it is taking so long to overhaul the Toxic Substance Control Act (TSCA), U.S. States have been working independently on chemical regulations because they couldn’t wait for the federal government to act.
In 2016 over 20 states are considering 60 bills that would regulate the manufacture and sale of chemicals or restrict their use in products. The bills range from labeling requirements to blanket prohibitions on certain chemicals in defined products. These chemical regulations can be roughly categorized as follows.
Broad regulatory authority to regulate chemicals in products
Some states, such as CA, MA and WA have identified a list of hazardous substances. They have introduced bills such as California Safer Consumer Products Act that address a range of consumer products. Both bills include Alternatives Assessments as required evidence to prevent a regrettable substitution.
Target specific chemicals of concern
Halogenated flame-retardants, which are considered persistent organic pollutants, bisphenol A, an endocrine disruptor and mercury, a metal that causes serious health effects if exposed to humans, are examples of chemicals that have been targeted. In particular, state legislation targeting flame-retardants is heating up in many states, especially in children’s products.
Mercury may be found in wheel weights, flu vaccinations, mercury thermometers and mercury added lamps and several states have specific bills to limit its use.
Bisphenol A is used in food packaging and thermal paper. MA and NY have introduced a bill that bans thermal receipt paper for any business transaction.
Regulate chemicals in specific consumer product categories
Personal Care products, cosmetics and cleaning products are targeted product categories. Iowa, Illinois and New York are considering policies to ban Triclosan in antibacterial hand soaps and Minnesota has already done so.
NY has banned nail polish and nail hardener containing the toxic trio of dibutyl phthalates, toluene, and formaldehyde.
Regulate the use of chemicals in children’s products
Many bills relating to children’s products are specific to the use of flame-retardants in upholstered furniture. Some states list the targeted chemicals, which tend to be halogenated flame-retardants. They all provide a threshold amount, which ranges from 50 ppm to 1000 ppm, depending on the state.
LA and NY have bills that prohibits the sale of children food containers that contain Bisphenol A.
NJ prohibits the sale of any children’s product that may contain lead, mercury or cadmium and NY has targeted the ban of children’s products containing phthalates in excess of 0.1 percent.
What does this mean to manufacturers?
In order to adhere to these bills, manufacturers must know what chemicals are intentionally added to the products they make and sell. This will require greater supply chain transparency and due diligence with their suppliers. Manufacturers must purchase from suppliers that employ good chemicals management practices. They should ask for certificates of analysis and have visibility in the quality assurance process so they can guarantee their products meet these regulatory requirements.
Impact to your business
Questions to Consider:
- Does your company track state chemical regulations?
- Does your company know what chemicals are in the products that you manufacture?
For help with any issue associated with chemicals, contact Amanda Cattermole at (415) 412 8406 or Amanda@cattermoleconsulting.com. We can help you develop powerful solutions to protect your company and brand reputation that result in safer products manufactured in cleaner supply chains.
Tips and Insights contains information to help you make informed chemicals management decisions. Each post highlights a particular topic and includes questions for you to consider .