Question 1

What is changing with REACH regulations regarding hexavalent chromium (CrVI)?

Accepted Answer

The European Chemicals Agency (ECHA) is expected to move multiple CrVI substances (already classified as REACH SVHCs) from the REACH Authorisation List to the REACH Restricted Substances List (Annex XVII). This means that substances like chromium trioxide, chromic acid, and 12 additional CrVI compounds will no longer require prior approval but will instead be banned from use in products and parts in the EU market. A restriction proposal is expected by April 11, 2025.

Question 2

Why is REACH moving CrVI from authorization to restriction?

Accepted Answer

The current REACH authorization process has failed to keep up with the high volume of industry requests. Instead of the required three-month review period, CrVI authorization requests have taken an average of 14.5 months, leading to annulled decisions, compliance uncertainty, and supply chain disruptions. An EU ombudsman audit found procedural issues and data quality concerns, prompting calls for a more efficient, transparent process. This led to a full restriction as the preferred solution.

Question 3

What will the new hexavalent chrome restriction cover?

Accepted Answer

The expected restriction will likely apply to articles containing CrVI compounds, especially those with components that may come into direct and prolonged contact with the skin. This would expand on the existing restriction under REACH Annex XVII, which currently prohibits leather articles containing CrVI at concentrations of 3 mg/kg (0.0003%) or higher. The new rule could significantly impact industries such as automotive, aerospace, and defense manufacturing.

Question 4

How can manufacturers prepare for the CrVI REACH restriction?

Accepted Answer

Manufacturers should take proactive steps to ensure compliance before the restriction is finalized. This includes:Engaging suppliers to identify any CrVI usage in the supply chainExploring alternative materials and coatings to replace CrVI substancesMonitoring ECHA updates to stay ahead of compliance deadlinesImplementing a REACH compliance strategy to prevent costly disruptions

Question 5

Do I need to name more than one substance on a revised Proposition 65 short-form warning label?

Accepted Answer

No, the new short-form warning label only requires you to name one specific chemical and its associated health risk. If your product contains multiple listed substances, you should work with your compliance and legal teams to determine which one to include on the label. It’s important that the named chemical and its health risk match what’s in the OEHHA list.

Question 6

Are internet retailers (e-commerce) in scope of the new warning label requirements?

Accepted Answer

Yes, internet retailers selling into the state of California are in scope of this ruling. Like brick and mortar manufacturers, they have a three-year grace period to start using the revised short-form warning format.

Question 7

Will U.S. federal regulations affect this new ruling?

Accepted Answer

Proposition 65 is a strong example of how U.S. states are leading the charge in setting their own product compliance standards. Because the California Safe Drinking Water and Toxic Enforcement Act is enacted and enforced at the California state level, factors at the federal level (such as EPA staffing or budgets) do not affect or delay the revised warning label ruling.

Question 8

Can I purchase generic revised short-form warning labels?

Accepted Answer

Because the new rules are designed to increase transparency for consumers, companies can no longer use a single “generic” label. Supply chain due diligence is necessary. To comply, you will first need to engage suppliers and identify at least one substance in your product(s) to understand what information to provide on a label.

Question 9

Is there a product testing requirement for Proposition 65 warning labels?

Accepted Answer

No. Collecting information from your suppliers about the chemicals in their products is considered adequate due diligence to create a compliant short-form label.

Question 10

Which listed substances are at higher risk for enforcement under Proposition 65?

Accepted Answer

While all listed substances can create enforcement risk if not properly disclosed according to labeling requirements, there are a number of substances considered at a higher risk:Phthalate(s)LeadCadmiumHexavalent chromiumNickelAcrylamidePer- and polyfluoroalkyl substances (PFAS), including PFOA and PFOSBisphenol-A (BPA)BenzeneCarbon monoxideTitanium dioxideMercuryMethylene chloride

Question 11

What is supply chain sustainability management (SCSM)?

Accepted Answer

Supply chain sustainability management (SCSM) is a proactive approach to achieving long-term sustainability and reducing risks in manufacturing supply chains. It focuses on transparency; compliance with environmental, social, and governance (ESG) requirements; and encouraging responsible sourcing practices.

Question 12

Why is a continuous focus on SCSM critical?

Accepted Answer

Supply chain sustainability is a continuous journey and not a one-time effort. Companies need to commit to ongoing improvement and regularly reassess their strategies to keep up with evolving challenges. A new supplier, new regulation, or new customer can introduce a new set of sustainability risks that may require new processes. An outdated (or stagnant) program can put you at risk of falling out of compliance when new substances are added to a regulation, or impact your ESG rating.

Question 13

Why is SCSM important for businesses today?

Accepted Answer

Supply chain sustainability management is vital because of increasing regulatory requirements, customer expectations, and competitive pressures. It helps manufacturers mitigate risks like compliance penalties, supply chain disruptions, and reputational damage while enabling better data-driven decisions and maintaining operational continuity.Supply chain sustainability management must be integrated into the core business strategy and operations. This includes setting measurable goals, tracking progress, and making supply chain sustainability a reportable key performance indicator for the company.

Question 14

What role do leaders and executives play in SCSM?

Accepted Answer

Supply chain sustainability management is not just the realm of compliance and sustainability professionals. Leadership plays a pivotal role in your SCSM program too. Executives must champion sustainability initiatives and embed this value at all levels of the organization.Many companies make ambitious sustainability commitments, but struggle to implement the necessary changes to achieve them without leadership buy-in. Leaders can help an SCSM program overcome factors like lack of internal resources, difficulties in planning, and internal resistance to change.

Question 15

What are the benefits of implementing SCSM?

Accepted Answer

Supply chain sustainability management provides numerous advantages, including:Protection against compliance penalties and reputational risksIncreased supply chain transparencyScalability to adapt to new regulations and goalsEnhanced product compliance and sustainabilityCompetitive edge through proactive sustainability practices

Question 16

Why is transparency vital in an SCSM program?

Accepted Answer

Regular, honest updates about supply chain sustainability help build trust with your stakeholders and demonstrate a genuine commitment to sustainability. That means your organization needs to be open about successes and failures. Communication with stakeholders is key; engaging stakeholders and customers in two-way conversations helps you understand their expectations.Aligning actions with stated commitments is important to help you avoid greenwashing. Greenwashing is when companies overstate or misrepresent their sustainability efforts to artificially boost their brand. Being accused of greenwashing not only damages your reputation but also erodes public trust in sustainability initiatives more broadly.

Question 17

How can businesses begin implementing SCSM?

Accepted Answer

Evaluate priorities and stakeholders: Define specific goals and regulations that must be addressed.Enable suppliers: Provide training and resources for accurate data sharing.Collect and manage supply chain data: Use automated tools to gather and analyze relevant information.Monitor regulations proactively: Stay ahead of new and changing compliance requirements.

Question 18

What risks do companies face without SCSM?

Accepted Answer

Without SCSM, businesses risk:Compliance penalties due to regulatory violationsSupply chain disruptions from unforeseen sustainability issuesLosing customers and market share due to poor sustainability practicesReputational damage from forced labor, hazardous chemicals, or ESG non-compliance in their supply chains, among other risks

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