Contents by Eurofins SL&TH Regulatory Services Team
Chemical
US
Minnesota approves PFAS and heavy metals regulation on various consumer products
On May 24, 2023, the State of Minnesota signed Bill HF 2310 into law to regulate Perfluoroalkyl and polyfluoroalkyl substances (PFAS), lead, and cadmium in various consumer products. The new law also contains a notification requirement for products containing intentionally added PFAS.
Under the new law, PFAS is defined as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
Please see Table 1 below for a summary of HF 2310.
Table 1:
| Chemical(s) | Scope | Requirement | Effective Date |
| Lead and Cadmium | Jewelry | Lead ≤ 90 ppm
Cadmium ≤ 75 ppm |
August 1, 2023 |
| Toys | |||
| Cosmetics and personal care products | |||
| Puzzles, board games, card games, and similar games | |||
| Play sets and play structures | |||
| Outdoor games | |||
| School supplies | |||
| Pots and pans | |||
| Cups, bowls, and other food containers | |||
| Craft supplies and jewelry-making supplies | |||
| Chalk, crayons, paints, and other art supplies | |||
| Fidget spinners | |||
| Costumes, costume accessories, and children’s and seasonal party supplies | |||
| Keys, key chains, and key rings | |||
| Clothing, footwear, headwear, and accessories | |||
| PFAS | Carpets or rugs | Prohibited if intentionally added PFAS | January 1, 2025 |
| Cleaning products | |||
| Cookware | |||
| Cosmetics | |||
| Dental floss | |||
| Fabric treatments | |||
| Juvenile products* | |||
| Menstruation products | |||
| Textile furnishings | |||
| Ski wax | |||
| Upholstered furniture | |||
| PFAS | All products | Notification if intentionally added PFAS | January 1, 2026 |
| PFAS | All products | Prohibited if intentionally added PFAS | January 1, 2032 |
Washington adopts new restriction and reporting rule under safer products program
The Safer Products Program for the State of Washington implements the Toxic Pollution law (Chapter 70A.350 RCW), which was signed in 2019 to create a pathway to keep toxic chemicals out of the environment. Under the Safer Products Program, there is a four phase implementation process to:
- Designate priority chemicals;
- Identify consumer products that contain these chemicals;
- Decide whether to regulate those chemical-product combinations by requiring reporting or chemical restrictions; and
- Adopt rules to implement those regulatory actions.
On May 31, 2023, the State of Washington adopted Chapter 173-337 WAC – Safer Products Restrictions and Reporting to require manufacturers to restrict or report:
- PFAS in aftermarket stain- and water-resistance treatments, carpets and rugs, and leather and textile furnishings;
- Ortho-phthalates in vinyl flooring and in personal care product fragrances;
- Organohalogen flame retardants in electric and electronic products;
- Flame retardants in recreational polyurethane foam; and
- Phenolic compounds in laundry detergent, food and drink can linings, and thermal paper.
Please see Table 1 below for a summary of the requirements under the new rule.
Table 1:
| Chemical(s) | Scope | Requirement | Effective Date |
| PFAS | Aftermarket stain- and water-resistance treatments | Prohibited if intentionally added | January 1, 2025 |
| Carpets and rugs | Prohibited if intentionally added | January 1, 2025 | |
| Leather and textile furniture and furnishings for indoor use | Prohibited if intentionally added | January 1, 2026 | |
| Leather and textile furniture and furnishings for outdoor use | Prohibited if intentionally added | January 1, 2024 | |
| Ortho-phthalates | Fragrances in beauty and personal care products | Prohibited if intentionally added as a solvent or fixative for fragrance ingredients | January 1, 2025 |
| Vinyl flooring | ≤ 1000 ppm, individually or combined | January 1, 2025 | |
| Flame retardants | Electric and electronic products with plastic external enclosures, intended for indoor use – electronic displays and TVs | Prohibited if intentionally added organohalogen flame retardants | January 1, 2025 |
| Electric and electronic products with plastic external enclosures, intended for indoor use – Large business, products other than electronic displays and TVs | Prohibited if intentionally added organohalogen flame retardants | January 1, 2027 | |
| Electric and electronic products with plastic external enclosures, intended for indoor use – Small businesses, products other than electronic displays and TVs | Prohibited if intentionally added organohalogen flame retardants | January 1, 2028 | |
| Electric and electronic products with plastic external enclosures, intended for outdoor use – | Reporting if intentionally added organohalogen flame retardants | January 1, 2024 | |
| Recreational covered wall padding made from polyurethane foam. | Reporting if intentionally added organohalogen flame retardants, EHDPP, IPTPP, TNBP, TCP, TPP | January 1, 2024 | |
| Other recreational products made from polyurethane foam | Prohibited if intentionally added organohalogen flame retardants, EHDPP, IPTPP, TNBP, TCP, TPP | January 1, 2025 | |
| Alkylphenol ethoxylates | Laundry detergent | ≤ 1000 ppm, individually or combined | January 1, 2025 |
| Bisphenols | Drink cans | Prohibited if it contains bisphenol-based epoxy can liner, excluding TMBPF-based epoxy can liners | January 1, 2025 |
| Food cans | Reporting if it contains bisphenol-based epoxy can liner, excluding TMBPF-based epoxy can liners | January 1, 2024 | |
| Thermal paper | Prohibited if intentionally added bisphenols | January 1, 2026 |
Maine amends PFAS Reporting Law
On June 8, 2023, the State of Maine approved Bill HP 138 – LD 217 to amend the PFAS reporting law, Public Law c. 477 – An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution.
Under the amendment, the following changes were made to the original PFAS reporting requirements:
- Changes reporting date deadline to January 1, 2025 (from January 1, 2023)
- Includes additional reporting information:
- An estimate of the total number of units of the product sold annually in the state or nationally
- The amount of total organic fluorine in the product if the amount of each PFAS compound is not known
- Exempts manufacturers that employ 25 or fewer people
- Exempts used products or used product components
- Clarifies packaging exemption
Sustainability, environmental and circular economy
Miscellaneous technical publications relating to environmental, plastics, packaging and waste
The table below summarises the most recent publications regarding the environment, circular economy and sustainability (non-exhaustive):
| Entity | Date | Publication |
| Ministry for the Ecological Transition and the Demographic Challenge (MITECO)
(Spain) |
07/05/2023 | The first list of packaging producers (ERP), according to Royal Decree 1055/2022, of 27 December on packaging and packaging waste, has been available on the ministry’s website since 07 May, and will be updated periodically.
The purpose of this registry is to collect data on the introduction of packaging into the market.
Therefore, since 01 January 2023, the producers of products that introduce containers in the Spanish market, whether for domestic, commercial or industrial use, have been obliged to register and declare said containers in the Register of Product Producers.
Therefore, it is importance that you verify if your registration has been completed correctly and/or your suppliers are also registered. |
| UK’s Department for Environment, Food & Rural Affairs | 23/05/2023 | Single-use plastics ban guidance was published with the aim to aid compliance with the single-use plastic bans that will enter in force 01 October 2023.
The ban on these types of items, such as plates, bowls, trays, containers, cutlery and balloon sticks, will apply to:
Note: ‘Single use’ means an item is intended to be used only once for its original purpose. |
| Council of the European Union | 07/06/2023 | The Council agreed on a negotiating mandate related to a proposal for regulation on the reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal.
The proposal aims to upgrade the existing European Pollutant Release and Transfer Register (E-PRTR) in order to establish a more comprehensive and integrated industrial emissions portal.
The Council and Parliament will start negotiations to agree on the final shape of the legislation. The outcome of the negotiations will then need to be formally adopted by both institutions. |
| European Commission | 08/06/2023 | The published initiative:
Waste management – early warning report
was adopted by the European Commission. |
| European Commission | 14/06/2023 | The published initiative is in the process of being drafted: Wildlife trade – alignment of EU rules with recent decisions taken under the CITES convention on wildlife trade
This initiative will align EU legislation with the 19th meeting of the Conference of the Parties (CoP) relevant decisions. |
| Council of the European Union | 16/06/2023 | A background brief about the Environmental Council meeting which took place in Luxembourg on 20 June 2023.
EU environment ministers will seek and debate:
Spain will present its work programme as incoming Presidency. |
Cosmetics & Personal Care
Ensure the sustainability of your cosmetic products
In recent years, consumers have become more conscientious and have a greater understanding and sense of responsibility when it comes to purchasing products which not only work and are good for their skin but are also ethical and environmentally friendly. This impacts several product categories and has inspired scientific breakthroughs and innovation.
Brands have to face new regulations and sustainability challenges, which entails new marketing claims. To make this possible, the Eurofins Cosmetics & Personal Care network of companies supports customers to work in a more sustainable way.
- Environmental impact: ecotoxicity & biodegradability testing, compostability testing, microplastics testing, recycled packaging, product life cycle analysis, carbon footprint, authenticity and traceability of raw materials, wastewater testing, water saving protocols and rinsability testing, PFAS, nanoparticules, microparticles, etc.
- Refillable solution: procedures for workers in shops and training, cleaning protocols, reusable packaging testing, “mystery” client audits and quality audits, quality control in shops
- Vegan offer: toxicology and regulatory assessment, animal DNA analysis, on-site audit, declarations of conformity / labelling
Toys, Childcare & Hardlines
France
Relevant publication related to ERP and Environmental Code
The latest publications in relation to Extended Producer Responsibility (ERP) and Environmental Code are summarised in the table below:
| Date | Publication |
| 01/04/2023 | Decree No. 2023-237 of March 31, 2023 amending Decree No. 2022-1565 of December 14, 2022 relating to the conditions and methods of application of IV of Article L. 541-15-10 of the Environment Code.
Concerns professionals, sellers of goods, service providers, and consumers.
The decree postpones the date of entry into force of the ban on the systematic printing and distribution of receipts to August 1, 2023. |
| 25/04/2023 | LAW No. 2023-305 of April 24, 2023 merging the extended responsibilities of household packaging producers and paper producers (1). |
| 25/05/2023 | Directorate General for Competition, Consumer Affairs and Fraud Prevention published Practical Guide to Environmental Claims with the aim to aid understanding of the environmental claims most commonly found on products and complying with relevant legislation. |
Contact us now or visit our service page to find out how Eurofins Consumer Product Testing can help you comply with the new and forthcoming sustainability-related legislation.
