DEVELOPMENTS
Developments
TSCA
The Frank R. Lautenberg Chemical Safety for the 21st Century Act, which represents the first significant amendments of the Toxic Substances Control Act( TSCA), is the primary chemicals management law in the US. EPA has been implementing these amendments and has issued framework rules, including processes for a reset of the TSCA Inventory, as well as for the prioritization and risk evaluation of chemicals. Fragrance Creators Association provided feedback to the EPA as the rules were developed and we were pleased to see many of our recommendations accepted by the agency. In the new chemicals space, through multiple engagements with EPA senior staff and productive feedback from Fragrance Creators’ TSCA Task Force, the association is working diligently to bring safer, greener chemicals to market. Fragrance Creators has identified opportunities to provide written data to enable informed decision-making regarding registration of new chemicals. As EPA continues to draft its fees rule, Fragrance Creators supports a fee structure that is adjusted for inflation and ensures no charge fees for confidential business information( CBI) claims. The fragrance industry’ s priority is to ensure that TSCA modernization— in accordance with congressional intent and industry support— promotes safety, innovation, and sound science.
Cosmetics Modernization
In coordination with our allied trades, Fragrance Creators Association is working to shape the five cosmetics measures pending at the federal level. Fragrance Creators has taken ownership over fragrance policy in the House and Senate.
In the House, Congressman Pete Sessions( R-TX-32) reintroduced The Safe Cosmetics Modernization Act in 1Q17. This legislation includes references to RIFM’ s safety assessments and is narrower than some other measures. While Congressmen Frank Pallone( D-NJ-6) and Leonard Lance( R-NJ-7) have not yet introduced their bipartisan cosmetics bill, Fragrance Creators communicates regularly with key staff.
In the Senate, Senators Feinstein( D-CA) and Collins( R-ME) reintroduced The Personal Care Products Safety Act in 2Q17. Senator Hatch( R-UT) introduced The FDA Cosmetic Safety and Modernization Act in 4Q17, which does not specifically address fragrance. Fragrance Creators has worked closely with the Senate Committee on Health, Education Labor & Pensions( HELP) as it develops the bipartisan draft Modernization of Cosmetics Regulation Act.
Regardless of sponsor or legislation, Fragrance Creators will continue to advocate for cosmetics proposals that include preemption, sound science, CBI protection, and trigger language clarifying when / if FDA would make inquires to fragrance houses.
Volatile Organic Compounds( VOCs)
The Consumer Products Regulation approved by the Air Resource Board( CARB) in California, sets VOC limits for numerous product categories. VOC limits do not apply to fragrances up to a combined level of 2 percent by weight contained in any consumer product. Over the past several months, multiple regulatory bodies have taken steps that may affect the regulation of VOCs. These regulatory bodies include CARB, the Ozone Transport Commission( OTC)( whose model rule is implemented in over 15 states), and Environment and Climate Change Canada( ECCC).
Fragrance Creators recognizes the importance of protecting the fragrance VOC exemption and— in conjunction with our allied trades— is providing policymakers with the necessary information to make well-informed decisions.
WHMIS 2015
Through the expertise of its Occupational Health, Safety & Environment( OSHE) Committee, Fragrance Creators encouraged Health Canada to implement policies that prioritize workers, CBI protection, predictability, and consumer choice as well as consistent policy between the United States and Canada. On April 18 2018, Health Canada published a final amendment to its notice which included a provision for confidential business information as requested by the fragrance industry.
The deadlines for GHS implementation in Canada have been extended, allowing the compliance periods for transition to WHMIS 2015, as follows: MANUFACTURERS AND IMPORTERS June 1, 2018 DISTRIBUTORS September 1, 2018
Parliamentary Review of CEPA 1999
The Canadian government is currently performing a comprehensive review of the provisions and operation of the Canadian Environmental Protection Act, 1999( CEPA 1999), as is required by section 343 of the Act to be done every five years. The Standing Committee on Environment and Sustainable Development submitted its report,“ Healthy Environment, Healthy Canadians, Healthy Economy: Strengthening the Canadian Environmental Protection Act, 1999,” to the House of Commons. Fragrance Creators is collaborating with CEPA Internal Coordinating Group( CEPA- ICG) to analyze the recommendations and provide feedback to the government.
NYS DEC
On June 6, 2018, the New York State Department of Environmental Conservation( NYS DEC) finalized its Household Cleansing Product Information Disclosure Program Certification Form and Guidance Document. Claiming to act on existing statutory authority, this regulatory action requires manufacturers to disclose cleaning product ingredient information online. The implementation timeline is tiered with disclosure for intentionally added ingredients beginning in July 2019 and certain nonfunctional byproducts and contaminants in January 2023. Fragrance Creators is developing a multi-faceted strategy with our allied trades to address the guidance. FN
Issue 2, 2018 | FRAGRANCENOTES. ORG | 35