ECHA adds BPA to the SVHC list - paving the way for future Authorisation

The European Chemicals Agency (ECHA) has added bisphenol A (BPA) to the Substances of High Concern (SVHC) list. This has implications for the plastics and coatings industries and could pave the way for future authorisation of the substance.

Inclusion in the SVHC list could pave the way for future restriction and therefore authorisation of a substance. This has potential implications for the plastics industry in regards to BPA-related manufacture (e.g. resin manufacture) of goods. Furthermore, the lack of effective alternatives is cause for further concern should the substance be restricted as it could potentially affect the quality of certain packaging.

Consumer, worker and environmental safety are of paramount importance to the plastics industry and despite the potential hazards of BPA, the substance and its current uses have been extensively risk-assessed to ensure that there is no health risk from BPA at current exposure levels. BPA itself is one of the most studied chemicals in the industry and the safety measures in place (e.g. the large reduction in its SML) ensure that the public and environment are protected.

Finally, there is also some confusion around BPA regarding which uses fall under REACH restrictions; it is primarily used as an intermediate in the production of epoxy resins and a monomer in the production of polycarbonates in the plastics industry. Intermediates and monomers are not subject to authorisation under REACH legislation, therefore the proposal to list it as an SVHC raises questions as to its uses as a monomer/intermediate and what legislation they would fall under.

Background:
The European Commission proposed a roadmap towards the end of 2015 to harmonise BPA classification and regulation dubbed "BPA Roadmap - proposal for a new measure on bisphenol A (BPA) in food contact materials".

The BPF inputted to a Joint Value Chain Input to DG Health & Food Safety which supported 'option 3' of the roadmap that saw a reduction in the migration limit from 0.6mg/kg to 0.05mg/kg. This new Specific Migration Limit (SML) came into force in March 2016 and applies to plastics, coatings and varnishes for metals and other food contact sources of BPA.

Furthermore, The European Food Standards Agency (EFSA), published their findings of a review of two 2014 studies in October 2016, stating that "New data confirm EFSA’s previous conclusion that bisphenol A (BPA) might affect the immune system in animals, but the evidence is too limited to draw any conclusions for human health." (http://www.efsa.europa.eu/en/press/news/161013) Therefore EFSA sticks to its original January 2015 position that there is "No consumer health risk from bisphenol A exposure at current exposure levels" (https://www.efsa.europa.eu/en/press/news/150121) 

For further information on chemical issues, contact Matt Davies at [email protected] or on +44(0) 207 457 5048.