US Regulation of Hazardous Substances: A Patchwork

January 2013

The US & its approach to EU RoHS

US does not have a federal law similar to the EU RoHS Directive, 2002/95/EC However, state and federal law restricts mercury in batteries and lead and phthalates in childrens products New Jersey & California require RoHS compliance for a limited number of electronic products, and several other states require manufacturers to disclose whether their products comply with EU RoHS A number of states have also adopted laws banning bisphenol-A in certain childrens products and several states have also enacted restrictions on brominated flame retardants
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State Laws Incorporating EU RoHS California

Adopted regulations under SB 20 banning the sale of video displays that do not comply with the heavy metal restrictions adopted by the EU in its RoHS Directive, 2002/95/EC Regulations are written to automatically incorporate amendments to the EU RoHS Directive in so far as they apply to the products and heavy metals already regulated in California

New Jersey
Has also adopted legislation & implementing regulations prohibiting the sale of new computers, monitors and televisions that do not comply with the heavy metal limits in the RoHS Directive, 2002/95/EC, or any amendments to those limits

Indiana & Minnesota

Video display manufacturers must include in their ewaste registration a statement declaring whether displays sold to households exceed the EU RoHS limits for lead, mercury, cadmium, hexavalent chromium, PBBs and PBDEs, or that the manufacturer has received an exemption

Illinois
Manufacturers of computers, monitors, televisions and printers must include with their e-waste registration a statement disclosing whether any computer, computer monitor, printer, or television sold in the State exceeds the maximum concentration values established for lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBBs), and polybrominated diphenyl ethers (PBDEs) under the RoHS Directive or that the manufacturer has received an exemption for the covered products

New York
Manufacturers of computers, peripherals, small electronic equipment, small servers and televisions must disclose whether the devices exceed the limits for lead, mercury, cadmium, hexavalent chromium, PBB, and PBDE under the RoHS directive

Wisconsin
Manufacturers of video displays, computers & printers must disclose whether their devices comply with the EU RoHS directive or a successor directive

Rhode Island
A manufacturer submitting its own takeback plan must include a statement disclosing whether any video display devices sold exceed the EU RoHS limits for lead, mercury, cadmium, hexavalent chromium, polybrominated diphenyls (PBBs), and polybrominated diphenyl ethers (PBDEs) or the manufacturer has received an exemption

Other States
Several states have introduced separate restrictions on brominated flame retardants

New York
Manufacturers of computers, peripherals, small electronic equipment, small servers and televisions must disclose whether the devices exceed the limits for lead, mercury, cadmium, hexavalent chromium, PBB, and PBDE under the RoHS directive

Wisconsin
Manufacturers of video displays, computers & printers must disclose whether their devices comply with the EU RoHS directive or a successor directive

Federal Restrictions
Consumer Product Safety Commission is responsible for restricting consumer products that pose an unreasonable risk of injury to the public under the Consumer Product Safety Act and Consumer Product Safety Improvement Act Toxic Substances Control Act (TSCA) authorizes the Environmental Protection Agency (EPA) to restrict the production or use of chemicals that pose an unreasonable risk to human health or the environment Unlike RoHS, TSCA restrictions apply to the processing, handling and use of hazardous chemicals
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Federal Consumer Product Safety

Unlawful to sell consumer products that pose an unreasonable risk of harm to the public, including harm from hazardous chemicals In general, CPSC regulations require only warning labels or safety instructions, but the CPSIA specifically limits the concentration of lead and phthalates in childrens products EPA does not plan on regulating the use of BPA, numerous states have banned the use of BPA in child feeding and drinking products. The FDA also issued a ban on BPA in infant bottles in June 2012
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This presentation is based on a white paper by Compliance & Risks US Regulation of Hazardous Substances: A Patchwork

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19/07/2013

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