PFAS (Poly Fluro Akyl Substances), are a group of 10,000+ substances often used as precursors in chemical processes, or because of their technical properties. They’re non-stick, stain resistant, water repellent, low friction, and highly durable and chemically inert, however, they’re ‘forever chemicals’ that either don’t break down or break down into ‘forever’ chemicals that persist in the environment. Some have been proven to be hazardous to health and the environment.
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As well as intentional uses by our sector, PFAS can be found in electronics, and is also used as a screen coating for touchscreen to reduce the amount of smudging and to make the screens easier to clean, and more durable.
EU and US have been the focus of restriction activity on PFAS substances. Overall seeing an increase in restrictions and reporting requirements.
One challenge is the lack of harmonised definitions:
- OECD
- UK, which is based on the OECD, but with some exceptions.
- EU, OECD with exceptions and extra requirements
- US, completely different definition
EU PFAS legislation.
Competent authorities went back to the drawing board, to redraft the restriction Annex XV request, under REACH legislation, based on the 3,000+ responses to the consultation. There are also restrictions for individuals or families of PFAS under EU POP’s legislation. One of the challenges is that the request is too broad, and has no definitive list of CAS numbers to identify the specific substances being banned in the proposal. There is currently an issue in that there are no standardised measurement techniques, and the current laboratory techniques are not good enough. The scope of the ban would exclude existing mixtures and articles already on the marketplace but would cover substances, mixtures, and articles in the new legislation.
Initial EU bans are looking at, consumer mixtures, cosmetics, and ski waxes. The second wave will look at metal plating uses. The third phase out, textiles and carpets, Food Contact Materials, Petroleum uses, and Mining equipment. then F Gases, Transport uses, and Construction Equipment.
First opinions expected 2025/2026, Publication likely 2026/2027, date of application 2027/2028 with an 18-month transition period.
PFHxA for specific semiconductor uses was granted a 12-year transition.
UK PFAS Regulation
PFHxA is not specifically being looked at in the UK, and the UK is lagging behind the EU in making proposals for PFAS restrictions. Universal PFAS ban in the UK is unclear if HSE will follow the EU.
China PFAS
Chinee focus is on market access for PFAS substances, local water quality, and at the international level because China is a signatory of the Stockholm Convention.
Japan PFAS
Japanese restrictions are driven by the Stockholm Convention. Lagging behind both EU and the US.
US Federal PFAS
National TSCA legislation, under Rule (8a)(7) reporting for articles containing PFAS, also restrictions on significant new uses of PFAS substances. For articles, there are reporting requirements for companies who manufactured or placed products on the US market. It requires reporting of all goods since 2011 to 2023. However reporting was due July 2025, but has been delayed to 22nd Jan 2026. Basically requires reporting of Who, what When, the named chemical, and the details of the specific articles it is used in.
US State Law
California, Illinois, Indiana, New Hampshire, New Jersey, Colorado, Minnesota, etc. all introducing PFAS restrictions. Maine has withdrawn its proposed PFAS ban, having received so many significant submissions under the currently unavoidable use rule.
Overall the trend is definitely to regulate PFAS substances, starting with registration and notification, identifying specific uses, and then looking to ban specific uses. Generally, the move is away from banning named PFAS substances to banning PFAS chemical families.
Canada
Canada is ramping up its PFAS legislation, requiring reporting of PFAS in substances, mixtures, and articles, for products manufactured or placed on the market since 2023., the Report is due 29 Jan 2025 via the online portal. Check what the reporting threshold is. Reporting is focused on a list of named substances. Importers must name and quantify PFAS present in their products, and code the use for use.
Main issues is that most PFAS are not classified as hazardous, and as such do not appear in the SDS. You need to ensure that your asking your supply chain, and this should be a contractual obligation to provide relevant information.
PFAS legislation continues to develop rapidly, and companies do need to be on top of PFAS in their products, either intentionally, or because they’re used in production processes or as precursors higher in the supply chain.
