PFAS
March 2024 PFAS Education Subcommittee Team Call
March 29, 2024 • Via Zoom Agenda Touch base before the April meeting. Recent activity and what will be discussed at the meeting. Attendee Meeting Notes The importance of collaboration and communication among industries, agencies, and legislators was discussed to address sustainability concerns in the beauty industry. It was emphasized the need for scientific evidence to support non-toxic claims, while Neil Cohen provided insights into the revisions to the Green Guide. On a recent call it was advised against commenting and redlining legislation without proper understanding, and AIV suggested focusing on substantiation and standards. The speakers agreed that industry collaboration and education are crucial forcreating a standard for non-toxic claims and addressing sustainability concerns. In a separate conversation, chemical safety concerns in consumer products was discussed , highlighting the industry’s role in addressing these concerns through proposed solutions and studies, and the importance of sustainability and a bigger conversation after the April meeting to address consumer confusion and fear around chemicals. Transcript https://otter.ai/u/-RaZ7IZC04vImRCSxEn0jWa4Te4?view=transcript Action Items Engineering Subcommittee Reminders To request a new standard or a change to an existing standard, please submit an outline of your request, via email to Fran (fran@cookware.org) or via the ESCR form on the member portal. Keep your organization informed Do you have regularly scheduled updates within your organization? Are there other departments in your organization that might be affected by an engineering standard change? Is a member from your organization on the CBA Board of Directors? Please give them regular updates and provide feedback to the committee if there are comments or concerns. The CBA Board gives the final approval to changesand additions to the standards. Having an informed board significantly helps with the final approval discussions. CBA Board of Directors
PFAS Education Series Part 3: A Closer Look at PFAS and Cookware & Bakeware
In previous parts of this series by CBA, we discussed several topics around PFAS and Cookware &Bakeware. Lifecycle Assessment Any lifecycle of consumer goods can be separated into four different sections: 1. Manufacturing of raw materials, 2. manufacturing of the product, 3. use of the product and 4. end-of-life. It is important to point out that in the case of PTFE coated cookware phases 1, 2 and 4 are carried out by professionals with clear and elaborate OSHA safety and EPA environmental regulations. Only phase 3 is carried out by non-professional consumers. In Part 2 it was shown that PTFE coated cookware is of no or negligible concern during phases 2 and 3. Using existing best-available technologies emissions of these PTFE coated products are insignificant and will even be reduced in the coming years. In phase 1 chemical manufacturers produce fluorinated monomers such as TFE (tetrafluoroethylene) and transform them into fluoropolymers using both fluorinated and non-fluorinated polymerization aids. There are technical and scientific indications that either of these production steps can be done without any non-polymeric PFAS emissions to the environment. A fluoropolymer industry-led initiative includes a platform to promote the adoption of commercially available state of the art technologies to minimize non-polymeric PFAS emissions during manufacturing.(1) End-of-Life Landfill, incineration or recycling are viable options for PTFE-coated cookware and bakeware used by consumers or professionals at the end-of-life. A RIVM (Dutch National Institute for Public Health and the Environment) incineration review states that PTFE is stable at 260 °C without loss of mass. A PTFE coated article in landfill would therefore not decompose at the temperatures found in this environment (https://rivm.openrepository.com/handle/10029/625409). In addition, fluoropolymers such as PTFE are not soluble in water, not mobile, stable to most chemicals (https://setac.onlinelibrary.wiley.com/doi/10.1002/etc.5182) and UV radiation. Therefore, it can be expected that there are negligible emissions of non-polymeric fluorochemicals in landfill due to PTFE-coated cookware. Incineration and recycling can be discussed together because in both cases the fluoropolymer is thermally treated. Several studies have shown that it is possible to destroy or mineralize the fluoropolymers including undesired decomposition products such as problematic fluorochemicals (Utah 2023https://www.wastedive.com/news/clean-harbors-incinerator-pfas-forever-chemicals/640829/, Dutch RIVM https://rivm.openrepository.com/handle/10029/625409, Karlsruhe Institute of Technology 2019 and 2023 https://doi.org/10.1016/j.chemosphere.2019.03.191). Therefore, using the best-available technology and appropriate temperatures, PTFE and other fluoropolymers are of no concern for emissions of PFAS into the environment. Due to the significant reduction of carbon footprint using recycled aluminum and stainless steel compared to their primary materials, it is strongly recommended to use an existing collection scheme or to implement a new scheme for PTFE-coated cookware at its end-of-life. Based on a rough estimate by FEC (European Federation for Cookware, Cutlery and Houseware Industry) more than 100 Mio. pieces of coated cookware is sold in Europa annually. The recycling of PTFE-coated aluminum cookware at end-of-life would reduce the carbon footprint by more than 250’000 tonsCO2 eq. per year. Conclusion PTFE-coated cookware and bakeware has throughout its full lifecycle a negligible risk for PFAS emissions into the environment and is safe-to-use for the consumer. Therefore, in our opinion, there is no foundation to restrict the manufacture, usage or recycling of products made with fluoropolymers. Alternatives to PTFE-coated cookware There are alternatives to PTFE-coated cookware and bakeware. The options can be split into two sub-groups: with and without nonstick coating. According to the 2023 Consumer Outlook Report, published by HomePage News, 72% of consumers indicated that they have a preference for products with nonstick coatings(2). Therefore, stainless steel, cast iron or enameled cookware are not an equivalent alternative because they possess no nonstick property. Nonstick is not only a function that simplifies the life of the user, it also reduces the risk of burning food with undesirable by-products that might be unhealthy. In turn, this also reduces the potential of food waste. It is an obvious feature of nonstick cookware that the cleaning is easier, and less cleaning agents and water is needed. Overall, nonstick cookware has a lower environmental footprint duringits usage compared to alternatives without this property. An example of nonstick alternatives are silicone-based coatings which are mainly used for bakeware. They are a low performance alternative to fluoropolymer systems, both in terms of temperature and damage resistance and nonstick performance. To avoid deterioration of silicones, temperatures of 230°C/446°F should not be exceeded during use [BfR recommendation, https://www.bfr.bund.de/cm/349/LI-Temperature-Resistant-Polymer-Coating-Systems-for-Frying–Cooking-and-Baking-Utensils.pdf]. The best-known nonstick alternative to PTFE based nonstick coatings are ceramic or sol-gel coatings. Ceramic refers to the material from which the coating is made of and sol-gel to the production technique being used. Today, there are two points in assessing this alternative: To avoid any regretful substitution of PTFE-coated nonstick cookware, it is mandatory to carry out a study of the full lifecycle of ceramic coatings. To our best knowledge, no such analysis exists, and these coatings have been studied a lot less due to their limited applications compared to PTFE. Important points regarding PTFE-based nonstick coatings: Conclusion Not enough is scientifically known about the full lifecycle of ceramic or sol-gel coated cookware to declare this a valuable alternative to PTFE coated cookware and bakeware. The risk of a regretful substitution is significant. References: DISCLAIMER: The Information compiled here Is not to be considered legal advice. This Information Is Intended to helpunderstand Important Industry news and provide what the Alliance and/or affiliated experts understand of the situation. We recommend that all follow up on this or other Industry news be discussed with your legal teams.
February 2024 PFAS Education Subcommittee Team Call
February 23, 2024 • Via Zoom Agenda Attendees Meeting Notes Next Meeting Not confirmed Follow Up & Action Items Engineering Subcommittee Reminders To request a new standard or a change to an existing standard, please submit an outline of your request, via email to Fran (fran@cookware.org) or via the ESCR form on the member portal. Keep your organization informed Do you have regularly scheduled updates within your organization? Are there other departments in your organization that might be affected by an engineering standard change? Is a member from your organization on the CBA Board of Directors? Please give them regular updates and provide feedback to the committee if there are comments or concerns. The CBA Board gives the final approval to changesand additions to the standards. Having an informed board significantly helps with the final approval discussions. CBA Board of Directors
January 2024 PFAS Education Subcommittee Team Call
January 12, 2024 • Via Zoom Meeting Recap PFAS Education Document Part 2 was reviewed, and edited. Here is the plan for thisdocument: The Washington state comment deadline was pushed to January 22nd, so in theory we have an extra day padded in if needed to work through any questions or concerns from the Board. While Part 2 is worked on with the Board this week, the next step for the subcommittee is to begin the review and edit of Part 3. Click here to access the Google Doc, or use the attached Word document to make your edits. Please sendyour edits by Monday, February 5th. The next subcommittee call will be on Friday, February 9th at 12:30pm Eastern. Attendees Engineering Subcommittee Reminders To request a new standard or a change to an existing standard, please submit an outline of your request, via email to Fran (fran@cookware.org) or via the ESCR form on the member portal. Keep your organization informed Do you have regularly scheduled updates within your organization? Are there other departments in your organization that might be affected by an engineering standard change? Is a member from your organization on the CBA Board of Directors? Please give them regular updates and provide feedback to the committee if there are comments or concerns. The CBA Board gives the final approval to changesand additions to the standards. Having an informed board significantly helps with the final approval discussions. CBA Board of Directors
Dec 2023 Expertise/Education Subcommittee Team Call
December 1, 2023 • Via Google Meet Recap of Meeting Project: Statistics Report Project: On-Line Training Program As per the recommendation of the support team, they suggest using the CBA Guide to Cookware and Bakeware as a beta training site on the existing member portal. This way those being asked to comment have a starting point for their comments and direction. Once set up, we can: I have notified the support team that the committees agree to this first step, and will discuss the timing with them at next week’s weekly meeting. Will update the committees accordingly. For next steps: Committee members to reach out to CBA member for contributing information and images (e.g., Tramontina decks, PPG / PKU information, Meyer Blue Book) Project: NEW! CBA Member Connection with FIT SUNY FIT (State University of NY, Fashion Institute of Technology) is looking for help to connect their Home Product Development students with hard goods companies, to learn about our part of the home market. The idea would be to offer members webinar spots with FIT students, coordinated through the CBA, to connect with them at an early point in their career, and help educate them on all the amazing opportunities in hard home! I will be meeting with the Dean at FIT on December 12th, and will get back to the team with an update on how they would want to proceed. Let me know if you have anything to add. Next meeting is Friday, January 5th at 11am Eastern. Action Items Attendees
CBA’s First Advocacy and Education Engagement with the CPSC
The Consumer Product Safety Commission (CPSC) published a notice to request information on per- and polyfluoroalkyl substances (PFAS) used in commerce or potentially used in consumer products, potential exposures associated with the use of PFAS in consumer products, and potential human health effects associated with exposures to PFAS from their use in consumer products. This notice also includes the availability information of a related contractor report. The CBA submitted the PFAS Education Document #1. The submission was made Friday, November 17, 2023. When approved, the document will be public on the CPSC website.
November 2023 PFAS Education Subcommittee Team Call
November 20, 2023 • Via Zoom Agenda Attendees Meeting Notes In the “How to Navigate” document, it states: There is a catch for the law, as it does further define that if a chemical is in the same class as a chemical on one of the lists, it cannot have any claim. This has an impact on traditional nonstick/PTFE coatings. PFOA is on the list, and since PTFE is in the same list, you cannot claim made without PFAS, or even more general terms, such as made without “Forever Chemicals”, but you could claim made without PFOA. [Recommend to strike out the last phrase.] For the Industry Update on AB1200 it states: From 1/27/22 Update: A claim can be stated that a PTFE-based coating is “Made without PFOA”. Since the focus of the legislation is on intentionally added chemicals, “Made without” indicates that the manufacturer has done their duediligence to ensure none of the listed chemicals were intentionally added. Update suggested 11/20/23: A claim can be stated that a product is “Made without intentionally added”. Since the focus of the legislation is on intentionally added chemicals, “Made without intentionally added” indicates that themanufacturer has done their due diligence to ensure none of the listed chemicals were intentionally added. For any nonstick coated product using PTFE, no claims can be made on PFAS in general or regarding a specific PFAS, since the product contains a PFAS chemical (PTFE). Sent to subcommittee members for review and comment by 11/30/23. PFAS Education Document #1 was just submitted to the CPSC regarding their request for information on PFAS used in commerce. This activity was presented to the Board for consideration, with comments due by 11/16. With one Board comment addressed, three board members agreement and no other objections presented, we proceeded as planned. Thank you to Joshan for his help in coordinating this matter, and to both he and Kurt for their guidance on submission.NOTE: The FEC was contacted to request they submit their document or that we can get their consent to submit it to this government agency. The CPSC will review our submission, and if approved, will be posted to the comments section of their website:https://www.regulations.gov/document/CPSC-2023-0033-0008/comment Notes from Chat: 15:08:54 From Joshan Unuvar To Everyone:https://www.regulations.gov/document/CPSC-2023-0033-0008/comment 15:31:28 From Cy Genna To Everyone:https://ecology.wa.gov/waste-toxics/reducing-toxic-chemicals/washingtons-toxics-in-products-laws/safer-products 15:38:28 From cfollie To Everyone:i am opposed without their permission (referring to sharing FEC documents) 15:46:49 From Melanie Tamayo, SGS To Everyone:https://www.sgs.com/en/news/2023/11/safeguards-15023-us-congress-proposes-ban-on-certain-food-contact-substances Next Meeting: Monday, December 18, 2023 3:30pm Eastern Via Zoom:https://us06web.zoom.us/j/87339318957?pwd=G0QW5pNMpxJ5CN6bbEhz1JjDUNzaaa.1 Follow Up & Action Items: Engineering Subcommittee Reminders To request a new standard or a change to an existing standard, please submit an outline of your request, via email to Fran (fran@cookware.org) or via the ESCR form on the member portal. Keep your organization informed Do you have regularly scheduled updates within your organization? Are there other departments in your organization that might be affected by an engineering standard change? Is a member from your organization on the CBA Board of Directors? Please give them regular updates and provide feedback to the committee if there are comments or concerns. The CBA Board gives the final approval to changesand additions to the standards. Having an informed board significantly helps with the final approval discussions. CBA Board of Directors
PFAS – Perfluoroalkyl and Polyfluoroalkyl Substances State: Washington (WA) HB 1694
Summary of Legislation On March 31, 2022, State of Washington passed HB1694, an act relating to the “logistical processes for the regulation of priority chemicals in consumer products. It amends RCW 70A.350.050, RCW 70A.350.030, RCW 70A.350.020, and RCW 70A.350.040 and a new section to Chapter 70A.350 RCW. HB1694 officially adds PFAS chemicals to the Washington Priority Chemicals in Consumer Products List and enables the state to consider any product identified in the departments 2021 PFAS Chemical Action Plan as a priority consumer product. Who it Impacts? As per the definition of the bill, any consumer product can be added at any time, including cookware, bakeware, food storage and utensils. Please check with your legal team to confirm included products. What do you need to know? Any product listed in the 2021 PFAS Chemical Action Plan could be listed as a priority product by Washington’s Department of Ecology (DOE). This includes, and not limited to, cookware, bakeware, food storage, beverage dipensers, and utensils. Additionally, by 2025, the DOE is required to have final regulations for PFAS containing products. At that time, the department may also: What do you need to do now? Begin to identify if PFAS has been intentionally added to any part or component of your products. Monitor the Priority Consumer Product List. Assess alternatives. Your reference links Legislation Links: https://legiscan.com/WA/text/HB1694/id/2566688/Washington-2021-HB1694-Chaptered.pdf https://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/House%20Passed%20Legislature/1694-S.PL.pdf?q=20220714173136
PFAS – Perfluoroalkyl and Polyfluoroalkyl Substances State: Vermont H0650
Summary of Legislation Introduced in 2022; Died in Committee 2023. A new bill was introduced (H0152) and will be reported separately. In January 2022, H 650, Sec. 2. 18 V.S.A. Chapter 33D. “Prohibiting PFAS in products” was introduced and to be effective on July 1, 2023. It proposes the prohibition of the intentional use of perfluoroalkyl and polyfluoroalkyl substances in products to be sold in Vermont (VT). PFAS is Perfluoroalkyl and polyfluoroalkyl substances, or substances, that include any member of the class of fluorinated organic chemicals containing at least one fully flourished carbon atom. Who it Impacts? What do you need to know? Manufacturer is defined as any company, entity or person that manufactures a product or whose brand name is affixed to the product. This includes the importer or first domestic distributor. “Unavoidable” Is defined as a use of PFAS that the department has determined to be essential for Health, safety, or the functioning of society and for which alternatives are not feasible and available at the time of assessment or in the foreseeable future. Intentionally added PFAS Is defined as “the addition of a chemical in a product, or one of its product components, that serves an intended function or provides a specific characteristic, appearance, or quality. Cookware Is defined as items used during the processing, preparation, or serving of food, including pots, pans, and baking dishes. Utensil Is defined as any kitchenware, tableware, cutlery, or other equipment that food or drink comes into contact with during storage, preparation, or serving. Critical dates: January 15, 2023: January 1, 2024: January 1, 2030: What do you need to do now? Begin to identify what regulated chemicals (such as a PFAS) has been intentionally added to any part or component of your products based on the definitions in the bill. This includes but Is not limited to cookware products. Once identified, prepare written notification Assess alternatives. Your reference links Legislation Link: https://legislature.vermont.gov/Documents/2022/Docs/BILLS/H-0650/H-0650%20As%20Introduced.pdf
PFAS – Perfluoroalkyl and Polyfluoroalkyl Substances State: Vermont H0152
Summary of Legislation Introduced in 2023 In January 2023, H.152 introduced an amendment to Sec. 3. 18 V.S.A. Chapter 33C. “Prohibits PFAS in Apparel, Cookware, and Paper Products Effective January 1, 2024.” A manufacturer, supplier, or distributor shall not manufacture, sell, offer for sale, distribute for sale, or distribute for use in this State cookware to which PFAS have been intentionally added in any amount. It excludes the sale or resale of used products. Who it Impacts? What do you need to know? Effective January 1, 2024, you may not sell or offer for sale any product that contains intentionally added PFAS unless determined that the use of PFAS in the product is currently unavoidable. The Attorney General may request a Certificate of Compliance from the manufacturer; manufacturer will have 30 days to: What do you need to do now? Begin to identify what regulated chemicals (such as a PFAS) has been intentionally added to any part or component of your products based on the definitions in the bill. This includes but is not limited to cookware products. Assess alternatives. Your reference links Legislation Link: https://legiscan.com/VT/text/H0152/id/2672483/Vermont-2023-H0152-Introduced.pdf
PFAS – Perfluoroalkyl and Polyfluoroalkyl Substances tate: Rhode Island S2449(H7436)
Summary of Legislation Introduced in 2022; Died in Committee 2023; New bills were introduced (SB0016, SB196, and HB5673) and will be reported separately. In February 2022 H7436 & in March 2022 S2449 were presented to the RI General Assembly. Each act refers to a different House: Both presented as an act to amend Section 1. Title 23 of the General Laws entitled “health & Safety” by adding Chapter 18.18 “Comprehensive PFAS Ban Act of 2020.” It is a ban of all uses of PFAS by December 31, 2031, unless the use of PFAS in a product is considered unavoidable. PFAS is Perfluoroalkyl and polyfluoroalkyl substances, or substances, that include any member of the class of fluorinated organic chemicals containing at least one fully flourished carbon atom. Who it Impacts? What do you need to know? Manufacturer is defined as any company, entity or person that manufactures a product or whose brand name is affixed to the product. This includes the importer or first domestic distributor. Cookware Is Identified as a durable houseware item that is used in homes and restaurants to prepare, dispense, or store food, foodstuffs, or beverages. It includes but not limited to pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils. Intentionally added PFAS Is defined as “that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.” “Unavoidable” means a use of PFAS that the department has determined to be essential for Health, safety, or the functioning of society and for which alternatives are not feasible and available at the time of assessment or in the foreseeable future. Two key dates: January 1, 2024: January 1, 2025: What do you need to do now? Continue to identify what regulated chemicals (such as a PFAS) have been intentionally added to any part or component of your products based on the definitions within the bill. This includes but is not limited to cookware products. Your reference links Legislation Links: https://webserver.rilegislature.gov/BillText22/SenateText22/S2449.pdf https://webserver.rilegislature.gov/BillText22/HouseText22/H7436.pdf
PFAS – Perfluoroalkyl and Polyfluoroalkyl Substances State: Rhode Island SB0016 SB196 HB5673
DISCLAIMER: The Information compiled here Is not to be considered legal advice. This Information Is Intended to help understand Important Industry news and provide what the Alliance and/or affiliated experts understand of the situaiton. We recommend that all follow up on this or other Industry news be discussed with your legal teams. Summary of Legislation SB0016: Introduced, January 2023 SB196: Introduced, February 2023, HB5673: Introduced, February 2023 In January & February 2023, three new bills were presented by the House Environment and Natural Resources Committee as an act to amend Section 1. Title 23 of the General Laws entitled “health & Safety” by adding Chapter 18.18 “Comprehensive PFAS Ban Act of 2023.” The act will ban the use of PFAS by December 31, 2032, unless the use of PFAS in a product is considered unavoidable. PFAS is Perfluoroalkyl and polyfluoroalkyl substances, or substances, that include any member of the class of fluorinated organic chemicals containing at least one fully flourished carbon atom. The three bills are: Who it Impacts? What do you need to know? Manufacturer is defined as any company, entity or person that manufactures a product or whose brand name is affixed to the product. This includes the importer or first domestic distributor. Cookware Is Identified as a durable houseware item that is used in homes and restaurants to prepare, dispense, or store food, foodstuffs, or beverages. It includes but not limited to pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils. Intentionally added PFAS Is defined as “that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product.” “Unavoidable” means a use of PFAS that the department has determined to be essential for Health, safety, or the functioning of society and for which alternatives are not feasible and available at the time of assessment or in the foreseeable future. Key dates: January 1, 2025: January 1, 2026 (On or before): Per SB0196 & HB5673 the following will need to be reported: January 1, 2026 (On or after): Per SB0196 & HB5673, cookware shall: What do you need to do now? Continue to identify what regulated chemicals (such as a PFAS) have been intentionally added to any part or component of your products based on the definitions within the bill. This includes but is not limited to cookware products. Your reference links Legislation Links: https://legiscan.com/RI/text/S0016/id/2649871/Rhode_Island-2023-S0016-Introduced.pdf https://legiscan.com/RI/text/S0196/id/2705634/Rhode_Island-2023-S0196-Introduced.pdf https://legiscan.com/RI/text/H5673/id/2705738/Rhode_Island-2023-H5673-Introduced.pdf