Highlights of industrial chemical regulations in the US & Canada in 2025
Rose Passarella of Intertek brings us up to date with the key changes in North American regulation during 2025
Industrial regulations often include rules governing per- and polyfluoroalkyl substances( PFAS) and North America is no exception. Specific definitions differ according to the jurisdiction.
PFAS are often dubbed‘ forever chemicals’ due to their persistence in the environment and their inability to readily biodegrade, mainly owing to their strong F-C molecular bonds. They might equally well be dubbed‘ everywhere chemicals’ because of their ubiquity. Laboratory studies in animals show that exposure to certain PFAS is associated with reproductive, developmental, endocrine, liver, kidney and immunological effects.
PFAS in Canadian regulations
Currently, a limited number of PFAS subgroups are subject to risk management controls in Canada. Activities that target PFAS include:
• The Guidelines for Canadian Drinking Water Quality, targeting perfluorooctane sulfonate( PFOS), perfluorooctanoic acid( PFOA) and nine other select PFAS
• The Federal Environmental Quality Guidelines, targeting PFOS in water
• The Canadian Soil & Groundwater Quality Guidelines for the Protection of Environmental & Human Health, also targeting PFOS.
Managing PFAS in your products
The PFAS reporting rule required the collection of information under Section 71 of the Canadian Environmental Protection Act, 1999( CEPA). The notice applied to entities manufacturing, importing, or using 312 different PFAS in products exceeding a specified threshold in 2023.
The reporting rule helped identify products that may contain PFAS. Do you
PFAS form very strong molecular bonds between fluorine and carbon
need to withdraw a PFAS-containing product, or modify its formulation? If you choose the latter, will the product need to be requalified? Any such decision requires management endorsement, since management provides the framework for identifying and prioritising risks to be mitigated.
The key lesson learned from this rule is, no matter how much time you allot for data collection, triple it! Generally, it is a confusing data collection exercise that requires multiple attempts to obtain usable information. Common challenges we found while helping clients include:
• Underestimating the number of suppliers that need to be contacted
• Emails and calls going unanswered
• Suppliers misunderstanding the request or responding with vague answers
• Suppliers requesting calls or meetings to clarify
• Supplier contacts being missing, in some cases having left the company
What’ s next for PFAS in Canada?
The Canadian government proposed a plan to regulate PFAS as a class,
outlining a three-phase approach. Phase 1( 2025) targets high-risk firefighting foams and prohibits PFAS not already regulated in these foams. It is expected to lead to new regulations by spring 2027.
Phase 2( mid-term) will target nonessential consumer applications of PFAS for which alternatives are available, with consultations anticipated after the Phase 1 regulations are published. The targeted products include:
• Cosmetics & natural health products
• Food packaging, additives & nonindustrial food contact items
• Paints, adhesives, sealants & consumer-grade building materials
• Cleaning products, waxes & polishes
• Textiles, including some protective equipment
• Ski waxes Phase 3( long-term) will address technically challenging industrial applications of PFAS for which feasible alternatives may not yet exist. Prohibition actions will focus on:
• Industrial food-contact materials
• Medical devices & prescription drugs
• Fluorinated gas applications
• Certain mining, petroleum, military & transport applications.
60 SPECIALITY CHEMICALS MAGAZINE ESTABLISHED 1981