On February 7, 2023, the European Chemicals Agency (ECHA) publicly published the long-awaited PFAS restriction proposal. Denmark, Germany, the Netherlands, Norway, and Sweden jointly submitted the proposal to ECHA in January (FPF reported). Covering all uses of all per- and polyfluoroalkyl substances (PFAS) within the EU, the document is easily the most significant and expansive restriction proposal in EU (and arguably global) history.
The five Member States propose two options for restricting PFAS in the EU: 1) A blanket ban of all PFAS in all uses that would come into effect 18 months after the restriction is adopted 2) A complete ban but certain use cases would receive between 5 and 12 additional years after the 18-month transition period to replace these uses of PFAS. No FCM applications are proposed to receive any kind of exemption or additional transition period, with the exception of an additional 6.5 years for fluoropolymers and perfluoropolyethers used in FCMs for industrial and professional food and feed production.
The report includes a table of use cases with conclusions of how easily PFAS could be replaced in different product types. Under the use sector “food contact materials and packaging” the Member States found that all uses cases of PFAS in food contact materials have “high substitution potential at entry into force” (i.e. can be replaced within the 18 month transition period) except one. The only use in food contact applications that the restriction proposal claims could take more time to transition is fluoropolymers and perfluoropolyethers used in “industrial food and feed production.” For that one use case, the five Member States concluded that “technically and economically feasible alternatives are not immediately available… Companies need to invest in further R&D before identified alternatives may be implemented. Low substitution potential at entry into force.”
The widespread, intentional use of PFAS in food contact materials including packaging and processing equipment are known to be a direct exposure route for humans via chemical migration (FPF reported). Even the purportedly more “environmentally friendly” biodegradable and compostable packaging products also ultimately release PFAS and their degradation products (which remain PFAS) directly into the environment (FPF reported also here and here).
The intentional use and release of such highly persistent chemicals goes against principles of responsible chemistry and looks to be leading the Earth towards a chemical pollution tipping point beyond current planetary boundaries (FPF reported also here). This concern is clearly explained as a justification for action within the published proposal.
On February 2, 2023, civil society organization ChemSec added 370 PFAS to its Substitute It Now (SIN) list. The SIN list prioritizes chemicals for removal from consumer products based on published health and safety information (FPF reported). The addition of the new group of PFAS brings the total number of PFAS on the SIN List up to 416.
There are thousands of PFAS on the market, but by distilling this complex group of chemicals down to the most concerning, ChemSec hopes this can help companies focus on removing those known to be most hazardous. Anna Lennquist of ChemSec states, “we’ve put a great emphasis on selecting the most relevant PFAS. This means that we’ve selected chemicals that we know are used or produced in Europe or the United States.” Thirteen of the newly added PFAS have a production volume greater than 1,000 tons per year.
There are now 1400 substances included on the SIN list that fulfill the EU’s criteria for being substances of very high concern (SVHCs, FPF reported) according to ChemSec.
On February 6, 2023, US NGO Safer States released an analysis of US state government policies addressing “toxic chemicals and materials” that will be under consideration in 2023. At least 28 of the 50 states are expected to consider PFAS-related policy this year, 11 of which will concern food contact materials specifically. Nineteen US states are considering policies to remove other chemicals or plastics from packaging. Attorneys general from 17 states urged the US Environmental Protection Agency on February 3, 2023, to add PFAS to the toxic release inventory as Chemicals of Special Concern together with an “appropriately broad, scientifically sound definition of PFAS” to avoid uncertainty about which PFAS are covered.
References
ECHA (February 7, 2023). “ECHA publishes PFAS restriction proposal.”
Governments of Denmark, Germany, the Netherlands, Norway, and Sweden (January 2023). “Pre-publication of Annex XV report prior to consultation: Per- and polyfluoroalkyl substances (PFAS).” ECHA
ChemSec (February 2, 2023). “We’ve added several hundred PFAS to the SIN List. This is the reason why.”
Safer States (February 6, 2023). “2023 Analysis of State Legislation Addressing Toxic Chemicals and Materials.”
Michell Henry, et al. (February 3, 2023). “Multistate comments in support of PFAS TRI de minimis exemption elimination 2023.” Office of the Attorney General of Pennsylvania. (pdf)
Read more
ChemSec. “The SIN List.”
Ludwig Burger (February 7, 2023). “EU considers ban on ‘forever chemicals’, urges search for alternatives.” Reuters
