The Candidate List of substances of very high concern (SVHCs) now contains 209 substances that may have serious effects on people or the environment. These may be placed on the Authorisation List in the future, which means that industry would need to apply for permission to continue using them. Companies may have legal obligations when their substance is included in the Candidate List - either on its own, in mixtures or in articles.
In this update, three out of four substances are toxic to reproduction and are used in industrial processes to produce polymers, coating products and plastics, respectively. The other one is an endocrine disruptor used in consumer products, such as cosmetics.

The Candidate List of substances of very high concern (SVHCs) now contains 209 substances that may have serious effects on people or the environment. These may be placed on the Authorisation List in the future, which means that industry would need to apply for permission to continue using them. Companies may have legal obligations when their substance is included in the Candidate List - either on its own, in mixtures or in articles.
In this update, three out of four substances are toxic to reproduction and are used in industrial processes to produce polymers, coating products and plastics, respectively. The other one is an endocrine disruptor used in consumer products, such as cosmetics.

The European Chemicals Agency has included four more substances on its REACH candidate list of Substances of Very High Concerns (SVHCs), which now contains 205 chemicals. The list comprises of substances that may have serious effects on human health or the environment and which are candidates for eventual inclusion in the Authorization list (Annex XIV).
The substances included in the Candidate List for authorisation on 16 January 2020 are:
• Diisohexyl phthalate (CAS 71850-09-4) – added due to its toxicity to reproduction
• 2-benzyl-2-dimethylamino-4'-morpholinobutyrophenone (CAS 119313-12-1) – added due to its toxicity to reproduction
• 2-methyl-1-(4-methylthiophenyl)-2-morpholinopropan-1-one (CAS 71868-10-5) – added due to its toxicity to reproduction)
• Perfluorobutane sulfonic acid (PFBS) and its salts – added as it causes probable serious effects to human health and the environment

A new measure signed into law on 7 Feb by Gov. Andrew Cuomo will enact new regulations on chemicals found in children’s products sold in New York state. The Child Safe Products Act creates and maintains lists of dangerous or questionable chemicals and requires manufacturers to report any substances used in their products. By 2023, the state will ban the sale of products that use certain chemicals, including asbestos, and certain flame retardants. The Department of Environmental Conservation is responsible for notifying consumers of the presence of dangerous chemicals.

In late May, Toxics Free China and the China Biodiversity Conservation and Green Development Foundation published a report on the safety of plastic toys being sold online, warning of hazardous plasticisers and loopholes in their regulation on e-commerce sites. Most of these plastic novelties lack safety certificates and required information on date and place of manufacture. Of the 12 rubber ducks purchased and analysed for the study, nine contained 123 to 312 times the permitted levels of plasticisers. These items were bought on Taobao, JD and Pinduoduo, three big e-commerce sites.

ECHA has added four new substances to the Candidate List due to their toxicity to reproduction, endocrine disruption and a combination of other properties of concern on 16 July 2019. The four substances are listed below:
1. 2-methoxyethyl acetate
2. Tris (4-nonylphenyl, branched and linear) phosphite (TNPP) with ≥ 0.1% w/w of 4-nonylphenol, branched and linear (4-NP)
3. 2,3,3,3-tetrafluoro-2-(heptafluoropropoxy)propionic acid, its salts and its acyl halides (covering any of their individual isomers and combinations thereof)
4. 4-tert-butylphenol

Around 180 countries agreed to amend the Basel Convention at a meeting on 10th May 2019. The amendment means that plastic waste is now included within the legally-binding framework which will make global trade in plastic waste more transparent and better regulated, whilst also ensuring that it’s management is safer for human health and the environment.

Other far-reaching decisions included the elimination of two toxic chemical groups, which together total about 4,000 chemicals, listed into Annex A of the Stockholm Convention, namely Dicofol and Perfluorooctanoic Acid (PFOA) and its salts and PFOA-related compounds.

ECHA has added six new substances to the Candidate List. All have properties that are either carcinogenic, toxic to reproduction, persistent, bio-accumulative and toxic (PBT), endocrine disrupting, or are very persistent and very bioaccumulative (vPvB). The Candidate List of substances of very high concern (SVHCs)forauthorisation now lists 197 substances.
The six new substances are:
• Pyrene, Phenanthrene and Fluoranthene are PAHs restricted in Germany under the GS mark, but not currently restricted under REACH ANNEX XVII with other PAHs;
• Benzo[k]fluoranthene is a PAH restricted under both the GS mark in Germany and REACH ANNEX XVII with other PAHs;
• 2,2-bis(4'-hydroxyphenyl)-4-;methylpentane
• 1,7,7-trimethyl-3-(.phenylmethylene)bicyclo[2.2.1]heptan-2-one

A set of predictions on key global chemical regulatory policy, including Asia & Australia, EU and Brexit, and Mexico, Central and South America and the Middle East. China introduced new or updated regulations in 2018, including the List of Priority Control Chemicals (First Batch), the List of Toxic Chemicals Strictly Restricted (2018), and National Guidance on Hazard Classification to the Aquatic Environment. Taiwan passed the amended Toxic Chemical Substance Control Act (TCSCA) on December 21, 2018. In South Korea, the amended Act on the Registration and Evaluation of Chemicals (K-REACH) came into force on 1 January 2019.

EU member approved the proposal to restrict the phthalates DEHP, DBP, DIBP and BBP in articles. The four phthalates are on the REACH candidate list of SVHCs for their reprotoxic as well as endocrine disrupting properties. Under the proposal they would be restricted to a concentration equal to or below 0.1% by weight individually or in any combination in any plasticised material in articles used by consumers or those used in indoor areas. The European Parliament and the Council of Ministers now have three months to scrutinise the measure and the restriction will then be published in the EU’s Official Journal and will apply 18 months after the entry into force to products produced both in and outside of the EU.

ECHA has added eight new SVHCs to the Candidate List following the SVHC identification process with the involvement of the Member State Committee (MSC). Two further substances, TMA and DCHP, have also been added to the list, having been identified as SVHCs by the European Commission due to their respiratory sensitising properties and toxic for reproduction and endocrine-disrupting properties, respectively. The Commission’s decision follows the referral of the MSC opinions on these SVHC proposals in 2016.

EU experts have agreed to designate bisphenol A (BPA) as a human endocrine disruptor on top of its current repro-toxic classification, paving the way for an EU phase-out of the chemical. The European Chemicals Agency (ECHA) announced that its member state committee voted unanimously to classify the compound, used in polycarbonate plastics, inks and resins, a substance of very high concern (SVHC) under the EU REACH Regulation due to its endocrine-disrupting properties.

A dozen repro-toxic and carcinogenic substances will be phased out from the EU market within the next four years following the publication of the European Commission's decision. Eight repro-toxic substances, seven of them phthalates, will be banned from July 2020, with applications for individual uses accepted until January 2019. Anthracene oil and high-temperature coal-tar pitch must be phased out by October 2020, and the ban on two additional compounds classified as environmental endocrine disruptors will come into force on January 2021.

The Marketplace, launched by NGO ChemSec on 17 May, hosts marketing materials from suppliers and requests for products, as well as guidance and case studies on substitution. It makes it easier for businesses to find less problematic alternatives to toxic chemicals. Both the ChemSec and other initiatives had hitherto focused on informing the industry of what not to use, as described in its ‘SIN list’, rather than suggesting suitable substitutes. The Marketplace should help improve the visibility of alternatives.

Greenpeace is campaigning for a ban on phthalates in toys marketed in the Eurasian Economic Union (EEU) countries of Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia. Phthalates is a family of toxic, synthetic, high production volume industrial chemicals used mostly to make plastics softer and more flexible. (Relevant story: NRDC and Scientists Urge CPSC to Finalize Phthalate Bans)

Another seven toxic substances may be added to the REACH chemicals regime authorisation list under plans drawn up by the European Chemicals Agency (ECHA). Consultation on the list, which heralds a significant expansion of annex XIV to REACH, began on 2 March. These seven substances are karanal, 1-methyl-2-pyrrolidone, four related phenolic benzotriazoles (UV-328, UV-327, UV-350 and UV-320) and a family of phthalic acid esters which could be used in adhesives. ECHA is seeking comment on the substances’ uses, proposed transitional arrangements, possible exemptions from authorisation and information on supply chains until 2 June. A final decision on the proposals will be taken by the European Commission.