What’s Trending In Compliance In August 2024

This blog was originally posted on 26th August, 2024. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.

At Compliance & Risks we help manufacturers, retailers and their supply chain partners to monitor and manage global regulations via C2P, our compliance knowledge management platform.

We break down some of the top compliance trends in August 2024 that are generating the most interest globally this month.

1. Canada: State of Per- and Polyfluoroalkyl Substances (PFAS), Revised Draft Report, July 2024

On 13 July 2024, Environment and Climate Change Canada and Health Canada published a revised draft report regarding the state of per- and polyfluoroalkyl substances (PFAS). 

The report provides a qualitative assessment of the sources, occurrence and potential impacts of PFAS on the human health and the environment. It will serve to inform decision-making on PFAS in Canada.

The report proposes to conclude that the class of PFAS, excluding fluoropolymers as defined in the report, meets the criteria set out in paragraph 64(c) of Canadian Environmental Protection Act, 1999 (CEPA), as these substances are entering or may enter the environment in quantities or concentrations or under conditions that are or may be of a danger to human life or health in Canada.

Based on the above, it is proposed that the class of PFAS (excluding fluoropolymers as defined in this report), meets one or more criteria set out in Section 64 of CEPA.

2. New Zealand: Proposal to Restrict Three New Stockholm Convention Chemicals, Consultation Document, July 2024

Three new persistent organic pollutants (POPs) – methoxychlor, Dechlorane Plus and UV-328 have been added to the Stockholm Convention recently. The restrictions are scheduled to become effective from 26 February 2025 under the convention. 

As a signatory to the convention, New Zealand is bound to restrict the chemicals. The nation’s Environmental Protection Authority (EPA) is proposing to add the chemicals to Schedule 2A of the Hazardous Substances and New Organisms Act 1996 (HSNO Act) along with several exemptions for their production and use in certain products for prescribed periods, the details of which can be accessed in the discussion paper. 

The EPA has organized a public consultation to collect views on the said proposal. Anyone is welcome to make submissions until 4 September 2024. 

Following the consultation, it is expected that the EPA will report on the consultation to the Ministry of Environment who will then seek Cabinet approval to amend the HSNO Act. Upon adoption, the restrictions will be placed on a mandatory footing in New Zealand. Accordingly, the Ministry also plans to seek approval to amend Schedule 1 of the Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 which, if approved, will require a permit for the exports of the chemicals.

3. USA: Uniform Packaging and Labelling Regulation, NIST Handbook 130, 2024

In June 2024, National Institute of Standards and Technology (NIST) published Handbook 130 containing the Uniform Packaging and Labeling Regulation, which aims to provide accurate and adequate information on packages as to the identity and quantity of contents so that purchasers can make price and quantity comparisons.

The Uniform Packaging and Labeling Regulation was first adopted by the National Conference on Weights and Measures (NCWM) in 1952. The Regulation has been continually revised to meet the complexities of an enormous expansion in the packaging industry, which, in 1966, brought about the passage of the Fair Packaging and Labeling Act (FPLA). The Committee on Laws and Regulations in 1968 amended the “Model Packaging and Labeling Regulation” (renamed in 1983) to parallel regulations adopted by federal agencies under FPLA.

4. Australia: B-cycle (Battery Recycling) Scheme Review, Consultation Paper, July 2024

In July 2024, the Battery Stewardship Council of Australia released the B-cycle Scheme Review Discussion Paper, which represents a key part of the ongoing scheme review process. 

The review of B-cycle is based on the fact that there are market changes and the evolving risk profile of batteries, which creates the need for adaptations to the design of the scheme. The ultimate aim of these changes will be to achieve a circular economy for batteries in Australia.  

Representatives from the battery industry as well as other organizations were invited to submit written feedback on the discussion paper. 

After receiving the feedback, the Battery Stewardship Council will refine the proposed scheme design and might conduct a further consultation if needed. As noted in the press release, the final decisions will be informed by industry feedback and will be subject to approval by the BSC Board, and the authorization of the Australian Competition and Consumer Commission. It is planned that the B-cycle 2.0 is launched in July 2025.

5. UK: Extended Producer Responsibility for Packaging: Who is Affected and What to do, Guidance Document, Revised, July 2024

On 31 July 2024, the UK Department for Environment, Food and Rural Affairs and the Environment Agency published an updated Guidance on Extended Producer Responsibility food packaging. The Guide sets out who is affected and what steps to take. 

Organizations can check whether they are covered and if so, the document provides a definition of packaging, covers packaging activities and what the organizations may need to do. 

As per the Guidance, the regulations apply to “all obligated UK organizations that import or supply packaging”. Organizations need to collect and report packaging data if all of the following applies: 

• “You’re an individual business, subsidiary or group (but not a charity)   
• You have an annual turnover of £1 million or more, based on your most recent annual accounts up to 7 April   
• You were responsible for importing or supplying more than 25 tones of packaging to the UK market in 2022   
• You carry out any of the packaging activities”.  

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The top compliance trends in August 2024 is based on the most viewed regulations on C2P this month. If you would like to see C2P in action, join us for a bite-sized high-level demo to witness the true power behind C2P.

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