JP CSCL — Addition of Substances to Class I Specified Chemical Substances
ENFORCEMENT TIMELINE
PFHxS designation fully effective February 1, 2024
Overview
Class I Specified Chemical Substances under the Chemical Substances Control Law (CSCL) are designated as chemical substances that are persistent, highly bioaccumulative, and have long-term toxicity. To minimize risk to people and the environment, this designation triggers a general prohibition on manufacturing and import, restrictions on use, and a ban on importing products containing the substance. In recent years, additions to this list have become more frequent in response to amendments to the international Stockholm Convention on Persistent Organic Pollutants (POPs), requiring manufacturers and their supply chains to promptly identify covered substances and transition to alternatives.
Enforcement Timeline
Deliberation by the Central Environment Council: risk assessment and scientific review by experts on the council ahead of a designation decision.
Public comment period: the designation proposal is opened for comment from industry and the public.
Promulgation of the Cabinet Order amendment: the designation as a Class I Specified Chemical Substance is announced in the official gazette.
Transitional period: a grace period is provided to allow for the sale of existing inventory and a transition away from restricted uses.
Full implementation: manufacturing and import become fully prohibited, subject to a permit system, and imports of products containing the substance are banned.
Business Impact
Businesses need to investigate their supply chains to confirm whether their products contain any newly prohibited substances. In particular, developing a strategy for transitioning to alternative substances is essential in responding to PFAS regulation.