PFASs in the United States: New York between textiles and MOCAs.
We are hearing more and more about PFAS (per- and poly-fluoroalkyl substances), a large family of compounds that have been widely used, along with their derivatives, industrially and in consumer products.
The recent attention is due to the recognition of some substances as toxic and carcinogenic, persistent and prone to bioaccumulate. Some PFASs are also suspected of interfering with the human endocrine system.
Their use is mostly related to their properties, such as heat stability and repellency to water and fat. This is why they have found, especially since the second half of the last century, widespread use in cosmetics and personal care products, kitchen utensils, paper and cardboard products, molded pulp products-even food contact products-and textiles.
New York State and PFASs in clothing
Just with reference to textiles, it is news in recent months that the Governor of New York State has signed into law Bill S01322 banning the intentional use of PFASs in clothing.
Widely used to impart characteristics such as water repellency, stain and fire resistance to textiles, perfluoroalkyl substances, also known as forever chemicals, will have to be set aside - net of the exemptions provided.
The law was originally supposed to go into effect on Dec. 31, 2023. However, last March 24's amendment aligned the date with that of California's PFAS in textiles law, moving it to Jan. 1, 2025.
New York State's provisions align in terminology and timing with the state of California, which prohibits the manufacture, distribution, sale or offering for sale of new, previously unused textile articles that contain regulated perfluoroalkyl and polyfluoroalkyl substances - except for outdoor clothing for high humidity conditions, for which the effective date is defined as Jan. 1, 2028 for garments already in use. The only difference is the scope: the New York State law will only impact outdoor clothing and extreme wet conditions outdoor clothing; thus less broad coverage than its California counterpart, which will act on clothing in general.
PFAS regulations in the U.S.
More generally, PFAS regulatory developments are misaligned within the U.S. market. For example, the New York State Department of Environmental Conservation (NYDEC) has also defined specific guidance in the area of packaging: the restriction of PFASs in food packaging applies specifically to food packaging with intentionally added PFASs, as described in Section 37-0203 of the Environmental Conservation Law (ECL).
According to this provision, food packaging containing intentionally added per- and poly-fluoroalkyl substances can no longer be distributed, sold or offered for sale in New York State as early as December 31, 2022. The law applies to paper-based food packaging (paper, paperboard or other plant-based materials) intended for direct contact with food. It will also be up to retailers and merchants to determine whether the packaging items they distribute, sell or offer for sale comply with the PFAS restrictions in the law.
What about Europe?
At the European level, Consumer Goods and Food Contact Materials and Objects (MOCAs) fall under the definition of an article and are therefore subject to two Regulations:
- Regulation (UE) 2019/1021 on Persistent Organic Pollutants (POPs), in which a limit for perfluorooctanoic acid (PFOA), its salts, and related compounds is listed
- Regulation (CE) 1907/2006 (REACH) in which substances attributable to PFASs are mentioned in two categories of requirements:
- substances on the SVHC Candidate List, with a 0.1% limitation
- restriction point 68, Annex XVII, which considers linear and branched perfluorocarboxylic acids having formula CnF2n+1-C(=O)OH for n = 8, 9, 10, 11, 12, 13 (PFCA C9-C14) (with limit at 0.025 mg/kg) and related substances (with limit at 0.26 mg/kg)
IIn this context, Germany, Denmark, the Netherlands, Norway and Sweden have submitted a proposal for the inclusion in Annex XVII of the REACH Regulation of a new restriction entry specifically dedicated to PFASs. The text was published by the ’European Chemicals Agency (ECHA) on February 7 and is currently under consultation. Among the main proposals:
- ban on the manufacture, use and placing on the market of substances as such
- Introduction of new broad-based regulatory limits that also apply to MOCAs
- various exemptions depending on the scope of application
LabAnalysis is equipped with state-of-the-art equipment and is the best solution for PFAS monitoring required by European Regulations and international regulatory frameworks, with continuous technical, analytical and regulatory support.
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