Call for Public Comment: AICIS Categorisation, Reporting and Record Keeping
The Australian Department of Health and Aged Care is inviting public comments on a number of proposals relating to categorisation, reporting and record-keeping obligations, through proposed amendments to the Industrial Chemicals (General) Rules 2019 and the Industrial Chemicals Categorisation Guidelines.
Key proposals in the consultation include:
- Replacing written records with a system to make compliance easier
- Greater acceptance of the use INCI names in reporting and record keeping
- Changes to the categorisation criteria to benefit soap makes, introducers of chemicals in flavour and fragrance blends, and introducers of hazardous chemicals where introduction and use are controlled.
- Strengthening criteria and/or reporting requirements for health and environmental protection
The full explanation of all proposed changes can be found here. Comments may be submitted here.
The consultation is open until 9 November 2023.
Countries Raise Concern with EU Deforestation Legislation
A number of South American, African and Asian countries have co-signed a letter to the EC Commission flagging “multiple concerns” with the introduction of the EU’s new regulation on deforestation-free products.
The EU Deforestation Regulation (EUDR), introduced on 29 June 2023, requires companies trading in cattle, cocoa, coffee, palm oil, rubber, soya, and wood, and their derivatives to inspect their value chains and ensure goods do not result from recent (post 31 December 2020) deforestation, forest degradation or breaches of local environmental and social laws.
The substances falling within the scope of the Regulation are widely used in personal care and cosmetic products. Cosmetic companies marketing products containing these substances will therefore be required to collect precise geographical information on the farmland where the commodities they source have been grown so they can be checked for compliance.
The letter largely critiques the fact that the EUDR imposes an “excessive administrative burden related to geolocation and traceability requirements, certifications and customs procedures”.
The letter explains:
“The legislation disregards local circumstances and capabilities, national legislations and certification mechanisms of developing producer countries, their efforts to fight deforestation and multilateral commitments, including the principle of common but differentiated responsibilities.”
The letter accompanies signatures from ambassadors of Argentina, Bolivia, Colombia, Dominican Republic, Ecuador, Guatemala, Mexico, Paraguay, Peru, Thailand, Nigeria, Ghana, Ivory Coast and Honduras.
UK Licensing Regime for Non-Surgical Cosmetic Procedures: Consultation
The Department of Health and Social Care have announced a public consultation on a proposed new licensing regime for non-surgical cosmetic procedures in England, to address current shortcomings in relation to patient safety and legal liability.
Non-surgical cosmetic procedures include laser hair removal and botox, as well as certain chemical peels, skin lightening products and permanent make-up products widely produced by cosmetic product manufacturers.
The government proposes the introduction of licences for both premises and individual providers to bring the industry on a more comparable footing with other providers of ‘regulated activities’ regulated under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.
In requiring individual providers to be licensed, the proposed regime establishes a standard of training and a framework for fitness to practise to be assessed and in doing so, reduces the common trend of inadequate staff training, experience or supervision behind many of the reported instances of harm caused by non-surgical cosmetic procedures.
The Department invited interested stakeholders to participate in the consultation process, and provide comments by 28 October 2023.
EU PFAS Consultation to Close
In March the ECHA opened a consultation inviting stakeholders to provide scientific and technical information on the manufacture, placing on the market and use of PFAS. The consultation closes this Monday (25 September 2023).
PFAS or per- and polyfluoroalkyl substances are a large complex group of synthetic chemicals used in the manufacture of a range of consumer products including cosmetic products. The substances, colloquially referred to as ‘forever chemicals’ degrade very slowly when used in and in the environment. There are therefore growing global concerns as to the potential harm the substances might cause to people and the environment.
Earlier this year five European countries: Germany, Denmark, the Netherlands, Norway and Sweden issued a proposal to implement widespread restrictions on PFAS. To inform the ECHA response to the proposal the ECHA opened the consultation.
The proposed restriction would ban the manufacture, placing on the market and use of PFAS above a set concentration limit, with an 18-month transition period after entry into force, and use-specific time-limited derogations for several sectors.
Once the scientific committee has adopted a view on the proposed restrictions, considering the scientific and technical information submitted throughout the consultation process, the committee will issue a final opinion to the European Commission. The European Comission will then decide whether to include the proposed restriction in REACH (the Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals).
Upcoming EU Active Substance Approval Dates
The active substance/product type combinations listed below are due to expire under the GB Biocidal Products Regulation (GB BPR) on the following dates:
1 November 2023
- L-(+)-lactic acid (CAS 79-33-4 EC 201-196-2) in product type 06
1 February 2024
- Chrysanthemum cinerariaefolium, extract from open and mature flowers of Tanacetumcinerariifolium obtained with hydrocarbon solvents (CAS 89997-63-7 EC 289-699-3) in product type 19
- Chrysanthemum cinerariaefolium, extract from open and mature flowers of Tanacetum cinerariifolium obtained with supercritical CO2 (CAS 89997-63-7 EC 289-699-3) in product type 19
- N,N-Didecyl-N,N-dimethylammonium chloride (Didecyldimethylammonium chloride) (DDAC) (CAS 7173-51-5 EC 230-525-2) in product types 01 and 02
Once the approvals expire, the active substances can no longer be used in biocidal products of the relevant product types in Great Britain.
ECHA Consultation on SVHC
The ECHA has opened a consultation on proposals for the following six potential substances of very high concern:
- 2,4,6-tri-tert-butylphenol CAS 732-26-3 (Toxic for reproduction (Article 57c); PBT (Article 57d); vPvB (Article 57e))
- 2-(2H-benzotriazol-2-yl)-4-(1,1,3,3-tetramethylbutyl)phenol CAS 3147-75-9 (vPvB (Article 57e))
- 2-(dimethylamino)-2-[(4-methylphenyl)methyl]-1-[4-(morpholin-4-yl)phenyl]butan-1-oe CAS 119344-86-4 (Toxic for reproduction (Article 57c))
- Bumetrizole CAS 3896-11-5 (vPvB (Article 57e))
- Dibutyl phthalate CAS 84-74-2 (Endocrine disrupting properties (Article 57(f) – environment))
- Oligomerisation and alkylation reaction products of 2-phenylpropene and phenol EC 700-960-7 (vPvB (Article 57e))
Substances of Very High Concern (SVHC) are chemicals recognised as having hazardous properties due to their potential impact on health and the environment. Companies must inform consumers if their products contain SVHCs exceeding 0.1% weight by weight. Additionally, manufacturers, importers, and downstream users must notify the European Chemicals Agency (ECHA) if their products contain SVHCs on the Candidate List, which may result in further regulatory restrictions or substitution requirements.
The ECHA invites interested parties to provide comments and further information related to uses, volumes per use, exposure, alternatives and risks of the substance.
Comments will be made available on the ECHA website.
The consultation is open until 16 October 2023.
