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