Chemical & Environment Considerations in Product Safety: Current research, legislation, and the public and industry response Chemical Safety Regulations – An overview ICPHSO's 2010 Annual Meeting & Training Symposium February , 2010 Washington, D.C. Sanjeev Gandhi, Ph.D. SGS Consumer Testing Service, USA

2 Outline:  GLOBAL DRIVERS FOR RESTRICTION ON CHEMICALS  REGULATORY DRIVERS  PUBLIC, PRIVATE, INVESTOR DRIVEN PRESSURES

3 Global Pressures on Chemical Users X SVHC X CMR X PBT 2009

4 US Federal Laws  U.S. Consumer Product Safety Commission (CPSC)  Environmental Protection Agency (EPA) –Kid-safe chemicals act? (US proposal) Regulatory Drivers ─ US Federal Hazardous Substances Act Consumer Product Safety Improvement Act TSCA Reform Kid safe Chemicals Act (proposed) EPA chemical action plan

5 Regulatory Drivers ─ US CA Green Chemistry WA High Priority Chemicals List Alternatives Assessment Toxic Use Reduction US State Laws CA Proposition 65 Kid-safe products act (Maine) Various State laws Similar laws Michigan, Massachusetts

6 EU Directive Dangerous substances and preparations Directive Market and Use Directive (76/769/EEC) e.g. Azo (2002/61/EC), Nickel release (94/27/EC), NP/NPEO (2005/53/EC) Regulatory Drivers ─ EU Market REACH Classification, Labeling and Packaging (CLP) Member State Laws  Swedish Product Safety Ordinance  EEA Norway POHS POHS: Prohibition on hazardous substance

7 Green / ECO Labels Brand Differentiation Business ethics and social responsibility Greater awareness of eco-brands Under pressure from consumer-protection advocates Other Drivers ……….. EU Eco-Label Germany Blue Angel Japan Eco-Mark US Green Seal Nordic Environmental Label Oko-Tex Standard 100 Eco-Label

8 Other Pressures CLIENT, PUBLIC, INVESTOR DRIVEN World’s largest retailer US $375 billion sales 7,250 stores WAL MART “Provide to our customers affordable and effective products where all chemical ingredients are preferred for Mother, Child and the Environment ”

9 Global Pressures: Investors Shareholder resolutions on chemicals ( ): 2:Chemical makers 10: Product makers 16: Retailers 28: Total Competitive advantage: who wins, who loses? Source:

10 “Whack a Chemical”

11 SIN LIST “… to ensure that REACH Authorization procedure indeed will be an effective tool to fast-track the most urgent SVHC for substitution, & to facilitate toxic use reduction by businesses” Aim The Substitute It Now List (SIN List) is an NGO (ChemSec) driven project intended to speed up the transition to a toxic free world. 309 Cat. 1&2 CMR 17 PBT 30 Equivalent Level of Concern Substances SIN List Updated October 2009: 355 SVHC CMR: Carcinogenic, Mutagenic and toxic to Reproduction substances; PBT: Persistent, Bioaccumulative & Toxic substances; POP: Persistent Organic Pollutants Source:

12 Shift in Chemical Policy Prescriptive to Performance based Comprehensive and integrated approach towards toxic and hazardous substances Assessment based on inherent toxicity (hazards), uses, functions, and potential exposures Prioritize phase out higher toxicity chemicals first Safer alternatives Drive innovation through policy Benign by design