Non-food legislation – January 2023

02 February 2023

Hazardous substances – Rules and regulations in the EU
The EC has published a proposal for a revision of the CLP regulation and introduced new hazard classes for endocrine disruptors and other harmful chemical substances. Q&A about the revision can be found here and you can provide feedback on the proposal.
FPF reports that the EU Court of Justice (119 kB) has annulled a previous decision classifying titanium dioxide (TiO2; CAS 13463-67-7) as carcinogenic in powder forms. The EC has published regulation 2022/2388 on the maximum levels of PFAS in certain foodstuffs. ECHA has received a PFAS restriction proposal under REACH from five national authorities including the Netherlands. The EC reports that regulation 2022/2400 on POPs entered into force on 29 December. It introduces limits for some POPs in waste and tightens them for others which were already regulated. ECHA’s Union Overview report and Member State Reports give an overview of the implementation of the POPs regulation. ECHA’s annual report (1.81 MB) on the trade of chemicals under the Prior Informed Consent (PIC) Regulation shows a 19% increase in exports from the EU in 2021 compared to 2020, mainly due to Brexit. ECHA reports that the next REACH enforcement project will focus on compliance in imported goods. EUON has published a study (1.32 MB) on the degradation, biodegradation and persistence of nanomaterials. A study (863 kB) by the University of Gothenburg published in Nature Communications shows that the regulation of SVHCs has been shaped by economic interests. The EC has adopted a recommendation (270 kB) and its annex (592 kB) for a framework for ‘safe and sustainable by design’ of chemicals and materials. NL: The government has published a report (8.57 MB) entitled ‘Safe by Design – A design approach for dealing with hazardous substances in products’.

Hazardous substances – Rules and regulations outside the EU
Albania: SGS reports that the legislation on POPs has been revised to become more consistent with the EU. India: In an article (1.71 MB) published in Exposure and Health, RECETOX researchers discuss the current management of endocrine-disrupting chemicals (EDCs). Montenegro: SGS reports that the list of restricted chemicals and POPs has been revised to further align with the EU. UK: DEFRA is extending the UK REACH deadlines by 3 years. Ukraine: SGS reports that legislation on chemical safety and the management of chemical products has been published. US: California: Keller and Heckman reports that the California Safer Consumer Products Program has been updated. CIC has rejected the listing of BPA as a carcinogen under Prop 65. New York: The government elaborates on several new requirements taking effect for 2023 to protect consumers from harmful chemicals.

Other rules and regulations
EU: The EC has adopted a proposal (459 kB) for a longer transition period to adapt to new rules under the Medical Devices Regulation. The EC also published Q&A. The European Council and the EP have reached a provisional agreement on the regulation for machinery products. The proposed legislation transforms the directive 2006/42/EC into a regulation. ECMA has released Best Practice Guidelines for Pharmaceutical Secondary Packaging. Iceland: Draft legislation on labelling nicotine products has been sent to the EC. NL: Marketing authorisation holders who want to temporarily supply a medicine in a different packaging (in Dutch) in the event of a medicine shortage will need permission from the MEB (in Dutch) as of 1 January 2023. UK: The government has extended the deadline for applying the UKCA mark.

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