Be careful | Five hazardous substances control measures implemented by TSCA in the United States

Recently, the United States Environmental Protection Agency (EPA) issued the final rule 40cfr751.401-751.413 for the control of hazardous substances, forbidding products and articles containing DecaBDE, Pctp, PIP (3:1), hcbd and 2,4,6-ttbp, in order to reduce the exposure of these persistent, bioaccumulative and toxic chemicals (PBT) to human body.

The rules have been gradually implemented. When exporting electronic and electrical appliances, textiles and other products to the United States, enterprises need to pay extra attention to the new rules.

The above prohibition does not apply to:

1. The commercial distribution of any chemical substance, product or article containing the chemical substance previously sold or supplied to the end user (i.e. any person who purchases or obtains the finished product for purposes other than resale). An example of an end user is a consumer who resells a product that is no longer in use or donates it to a charity.

2. The disposal of any chemical substance, products or articles containing such chemical substance, and the commercial import, processing and distribution of any chemical substance, products or articles containing such chemical substance for the purpose of disposal.

3. The commercial manufacture, processing, distribution and use of any chemical substance, products or articles containing such chemical substance for the purpose of research and development.

After March 8, 2021, all persons who commercially manufacture, process or distribute articles containing any restricted chemical substance shall maintain general business records, such as invoices and bills of lading (for 2,4,6-ttbp, after January 6, 2026 and only for distributors), that demonstrate compliance with the prohibitions, restrictions and other provisions of the final rules. The records shall be kept for 3 years from the date of generation. Records related to DecaBDE and PIP (3:1) shall include a statement that the article meets the requirements of 40cfr751.405 (a) and 40cfr751.407 (a) respectively.