update on u.s. state regulations & testing requirements · update on u.s. state regulations...
TRANSCRIPT
Update on U.S. State
Regulations & Testing
Requirements
Hosted by
United States Fashion Industry Association (USFIA)
& SGS
July 19, 2016
2:00 P.M. Eastern/11:00 A.M. Pacific
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Update on U.S. State Regulations &
Testing Requirements
Louann Spirito
Director Technical Support Softlines
July 19, 2016
6© SGS SA 2014 ALL RIGHTS RESERVED
GOAL OF STATES
To reduce exposure of harmful chemicals to children
and sometimes adults
To limit chemicals used in certain products sold in
some states
To study and evaluate the chemicals used and their
effect on health and environment
Find alternative chemicals
And do it faster than the Federal Government
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CALIFORNIA PROPOSITION 65
California Proposition 65 includes a list of
chemicals known to cause cancer or birth
defects or other reproductive harm if consumers
are exposed to any listed chemical
This list has grown to include approximately 800
chemicals since it was first published in 1987
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CALIFORNIA PROPOSITION 65
Businesses are required to provide a "clear and
reasonable" warning before knowingly and
intentionally exposing anyone to a listed
chemical.
Court case decisions or settlements are used to
establish substance limits believed to be safe for
consumers
Most important substances in our industry are
Lead
Cadmium
Phthalates
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TRENDS
Number of 60-day notices
2012 – 188
2013 – 160
2014 – 142
2015 – 208
2016 - 74
Continuing to target
Handbags/accessories
Footwear
Focus on
Phthalates
Lead
Cadmium
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TRENDS
Settlement limits
Have leveled off to the federal limits
Except in some cases!
0100200300400500600
Original Temp CPSIA CPSIA After CPSIA After CPSIA Occasional
PPM
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SETTLEMENTS - LEAD IN BELTS
Product Reference Reformulation
Belts and
Footwear
Reference
County of Alameda, RG-
Case No. 09-459448
Paint 90ppm
Leather 300ppm Lead
PVC 200ppm Lead
Belts Reference
Russell Brimer vs
Franshaw, Inc., and Does
1 through 150
County of Santa Clara
Case No. 11-CV-201061
≤ 1.0 μg Lead (NIOSH 9100) and
< 100 ppm Lead
Payment: $750 to State,
$28,500 attorney fees
Belts Reference
Held vs Fashion Avenue
Sweater Knits LLC
No court case no.
(settlement agreement)
≤ 1.0 μg Lead (NIOSH 9100) and
< 50 ppm Lead, and
≤ 1000 ppm DEHP
Payment: $1,125 to State,
$18,875 attorney fees
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PROPOSED REFORM
CA Governor Brown proposes reform in 2014
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PROPOSED WARNING REGULATION
Use of familiar “exclamation point” graphic in
most warnings
• Identification of at least one Prop 65 chemical to
which the consumer would be exposed
• Product must list the OEHHA website
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WARNING
This product can expose you to formaldehyde, a chemical known to the State of California to cause cancer. For more information go to: www.P65Warnings.ca.gov/product
Warning: This product contains a chemical known
to the State of California to cause cancer.
PROPOSED WARNING LABEL
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PROP 65 UPDATES
List is reviewed and substances are added and
deleted
New chemicals added
BPA – Effective date May 12, 2016
No 60 day notices yet
Proposed changes to the law
Not going away
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Washington State’s
Children’s Safe Products Act
Went into effect July 1, 2009
Purpose:
To prevent exposure of toxic chemicals to children
Lead, Cadmium, Phthalates
To develop a list of chemicals on which
manufacturers must report
To gather information about the quantities of these
chemicals that come into Washington State
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Chemicals of High Concern to Children
This list is called the Chemicals of High Concern to Children (CHCC)
Currently CHCC consists of 66 chemicals
considered toxic
bioaccumulative, persistent
found either in children’s tissue (blood, urine) or in children’s products
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Reporting
DOE has a web-based reporting form on their website
This is a self-declaration by the manufacturer, and no test results are required
Reporting is done by product category
Clothing
Footwear
Toys/Games
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Washington State’s
Children’s Safe Products Act
The DOE has recently published an enforcement
guideline for compliance with lead, cadmium and
phthalates
Will enforce state limits for children’s products
that are not covered by a limit under CPSIA
Washington’s limits for lead, cadmium and
phthalates in children’s products cover a broader
range of products and are also generally more
stringent than the CPSIA limits.
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Washington State’s
Children’s Safe Products Act
The Washington standard for lead, cadmium and
phthalates cannot be enforced for products to
which a federal standard applies
Lead content. There is considerable overlap
between the products covered by the federal lead
limits and children’s products under the
Washington law
Cadmium content. Children’s products such as
childcare articles, clothing, footwear and jewelry
are subject to Washington’s CSPA limits
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Washington State’s
Children’s Safe Products Act
Phthalates - Children’s products such as
clothing, footwear and cosmetics are subject to
Washington’s CSPA limits
Other than lead, cadmium and phthalates, no
restriction on selling any children’s product which
contains one or more CHCC at any concentration by any state
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ENFORCEMENT
DOE selects products at random for testing
If they find a violation, the manufacturer will be notified
He has 45 days to respond before enforcement action is
initiated, if any
Manufacturer will provide evidence of a manufacturing
control program (ISO, ASTM, best manufacturing
practices)
Can provide evidence of due diligence (test results,
audits, quality/purity of feedstock)
DOE prefers investigation/correction to enforcement
action. ($5000 per incident otherwise)
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VERMONT
Vermont has regulated the use of individual
chemicals of concern
lead
mercury
bisphenol A
phthalates
decabromodiphenyl ether
tris(1,3-dichloro-2-propyl) phosphate
tris(2-chloroethyl) phosphate
Inefficient system
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VERMONT
Establishes a list of chemicals of high concern to children
– 66 chemicals
Very similar to Washington State CSPA
Beginning July 1, 2016, manufacturers must report each
chemical of high concern
intentionally added
contaminant
Reporting deadline is January 1, 2017
Manufacturers are required to provide disclosures to the
department by this date
The website for reporting is open
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DIFFERENCES
Establishes a fee of $200 per chemical
No tiered system for reporting
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MAINE TOXIC CHEMICALS IN
CHILDREN’S PRODUCT LAW
Maine has designated 36 compounds as Chemicals of
High Concern
Four phthalates and formaldehyde changed from "high
concern" to "priority chemical" status under state rules
Manufacturers need to report the use of the chemicals in
children’s products sold in the state
Priority chemicals identified: BPA, NP, NPES, Cadmium,
Arsenic, Mercury, Formaldehyde, Phthalates
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OREGON
Oregon has recently established the initial list of high
priority chemicals of concern (HPCCs) for reporting in
children’s products
Proposed – currently in Senate Committee
The first biennial notice will be no later than 1 January,
2018
The list of HPCCs would also include the reporting list of
Chemicals of High Concern to Children (CHCCs) from
Washington State
The criteria for reporting an HPCC are also similar to those
for Washington
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NEW YORK
Albany Local Law
"P"
(replaces local law
"J")
Westchester
County
Suffolk
County
Rockland County
Local Law No. 3
(amended)
New York City
(proposed)
No Reporting
Requirement
No Reporting
Requirement
No Reporting
Requirement
No Reporting
Requirement
No Reporting
Requirement
7 Heavy Metals
Various limits
7 Heavy Metals
Formaldehyde
Banned
6 Heavy
Metals
Banned
7 Heavy
Metals Banned
7 Heavy Metals
Formaldehyde
Banned
• Counties have agreed not to enforce until the law suit is
settled
• Will only enforce Federal limit
• Have no known ability to enforce
• NY State has passed Assembly, waiting on Senate vote
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FLAME RETARDANT CHEMICALS
PROHIBITION
Many States have proposed or imposed a ban on flame-
retardant chemicals used in children’s products and
upholstered residential furniture
TDCPP (tris(1,3-dichloro-2-propyl)phosphate)
Decabromodiphenyl ether;
Hexabromocyclododecane; and
TCEP (tris(2-chloroethyl)phosphate)
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TSCA
Federal Law
EPA must make a list of high and low priority
chemicals for review
High priority chemicals must be actively
investigated by the EPA for safety and uses
EPA must make a final determination of the
safety of the chemicals using “Good Science”
and taking “Risk” and “Exposure” into account
As chemicals receive final determinations, new
chemicals will be prioritized
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TSCA
New TSCA clearly gives the EPA more power to
regulate chemicals in consumer products, along
with more budget to do it
The new TSCA is still focused on regulating
chemicals rather than products
EPA still has to write rules for enforcement and
how the regulations relate to consumer products
and articles; those will need to be written in the
coming year
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TSCA
We assume that the regulation of chemicals in
consumer products will be part of the final
determination that is released after an
investigation into the chemicals
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TSCA - PREEMPTION
The bill does nothing to preempt existing US
State Chemical Laws in consumer products in
the near future
The bill does preempt NEW state laws while the
EPA is investigating the chemical. A final
determination will also preempt a state law
The bill only preempts new laws about chemicals
that the EPA is actively investigating, and the
preemption is limited to 3.5 years
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TSCA - PREEMPTION
Final determinations by the EPA will preempt
existing or NEW state chemical regulations in
consumer products that conflict with the EPA
determination
Final determinations are not expected for several
years, so US laws may start to align around
2019
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IS THIS MANAGEABLE?
Regardless of how the chemical got into the
product, the manufacturer must be aware of the
CHCCs in the product or component
Understand how these chemicals are used and
where they can be found
These are NOT a Restricted Substances List
(RSL)
Check with raw material suppliers to obtain the
information
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IS THIS MANAGEABLE?
MSDS cannot be relied upon to contain this information
Only required to contain hazardous chemicals if
present at 1.0% or greater
Or carcinogens if present at 0.1% or greater
Not required to list the amount present
Does not account for contaminates
Oeko-tex, bluesign or Eco-Passport certifications
May not include all of the chemicals in question
Some chemicals are either intentionally added or
present as a contaminate above 100ppm and must be
reported
Testing is NOT required by the regulations but is available
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IS THIS MANAGEABLE?
It is impractical to test each product offered for sale in
Washington State for all 66 chemicals
A risk-based approach by testing for those chemicals
that are likely to be present can be used
Since not all 66 chemicals will be found in all materials
Testing can be reduced by testing only those
chemicals likely to be found in specific material
categories
If a screening test is conducted and presence of a
CHCC is determined, quantitative analysis must be
performed
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IS THIS MANAGEABLE?
Material# of CHCCs suggested for testing after
risk assessment
Plastic / Foam 33
Synthetic Rubber / Silicone Rubber 23
Synthetic Fabric 25
Coating 32
Coating with Substrate 37
Paper and Paperboard 7
Wood 13
Natural Fabric 17
Natural Leather 19
Metal / Ceramic / Glass 6
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SOURCES FOR INFORMATION
Work with your third party testing
partner
Have a complete understanding of
the product requirements
Make a written plan for how you will
manage requirements
Know your product & supply chain
Communicate your requirements to
your suppliers
49© SGS SA 2014 ALL RIGHTS RESERVED
RECOMMENDATIONS
Be Proactive!
Plan to exceed government standards
Understand company requirements before
production
Establish a comprehensive testing program
starting with raw materials through finished
product
Work with a quality partner that understands the
requirements, test methods and quality solutions