Ask the Experts: January 18 Edition

Ask the Experts: January 18 Edition

Our regulatory subject matter experts are always available to educate compliance professionals through content, webinars and events. They also provide advice to Assent clients. Here are the top five questions our Regulatory team has recently received.   

Q: If a customer requests compliance information for a product that was ordered several years ago, is the supplier obligated to provide current declarations, or will declarations that were current at the time the parts were ordered suffice?

Travis Miller: Depending on origin of the request, there may be no obligation to update compliance information once a product has been placed on the market. However, there is an obligation to maintain compliance records. You should be able to provide a disclosure for the compliance status of a component or part as of the date it was sold, or more currently, if possible.  

Q: Can you provide examples of the types of components and materials that are most likely to contain the substances added to the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation’s Substances of Very High Concern (SVHC) list in June 2018?

Valerie Kuntz:

  • D4, D5, D6: Washing and cleaning products, polishes and waxes, cosmetics and personal care products.
  • Disodium octaborate: Antifreeze products, heat transfer fluids, lubricants and greases, and washing and cleaning products.
  • EDA: Adhesives and sealants, coating products, fillers, putties, plasters, modeling clay, pH regulators and water treatment products.
  • Lead: Metals, welding and soldering products, metal surface products and polymers.
  • Terphenyl hydrogenated: Plastic additive, solvent, coatings/inks, adhesives and sealants, and heat transfer fluids.
  • TMA: Used in the manufacturing of esters and polymers.
  • DCHP: Plastisol, PVC, rubber and plastic articles, as well as a phlegmatizer and dispersing agent for formulations of organic peroxides.

Q: The Conflict Minerals Reporting Template (CMRT) asks about tin in steel. If a product contains tin in steel, does a supplier need to answer “Yes” to Question 1 regarding the presence of tin, tungsten, tantalum and/or gold (3TGs), or can they consider a product with tin in steel void of 3TGs?

Jared Connors: If engineering estimates for the product indicate the product contains 3TGs, but only “trace-level contaminants or naturally-occurring by-products such as tin in steel”, a company can answer “No” to Question 1 of the CMRT. If this route is taken, I highly recommend explaining in the comments section why tin may be found in the product if tested, but this is considered out of scope of the CMRT’s line of questioning.

Q: If a part with paint contains Proposition 65-listed substances, but is covered up and not exposed to an end-user, would it be considered in scope of Proposition 65?

Bruce Jarnot: In most cases where the foreseeable product use can result in a risk of exposure to Proposition 65 substances, a warning label would be required so the customer is aware of the carcinogenic and/or reproductive toxicity risks prior to purchase.

If a company can determine that the paint coating will prevent the customer from being exposed to hexavalent chromium contained within the metal part (so long as it is used under standard/foreseeable use parameters), this could provide an adequate basis to forego the application of a warning label.

If you believe one of the parts you procure may contain hexavalent chromium, but have been unable to get confirmation of this from the part supplier, there is a simple swab test that can be used to confirm this. Alternately, you can send the part into a testing laboratory for specific materials analysis.

Q: Can I post my company’s modern slavery statement in the same place on our website or will I need multiple locations to support California, the United Kingdom and Australia’s modern slavery statement requirements?

Sarah Carpenter: Australia’s new Modern Slavery Act takes a different approach to modern slavery reporting than the UK and California. Rather than requiring companies to post statements on their websites, the Australian Modern Slavery Act establishes a Modern Slavery Statements Register that’s available to the public on the internet. Companies must submit their statements to the Minister in an approved form within six months after the end of their reporting period. If the Minister finds the statement was prepared in accordance with the act, the Minister must then register the statement on the Modern Slavery Statements Register. If the statement does not comply with the requirements of the act, it is at the discretion of the Minister whether the statement gets registered.    

For more questions and answers, visit the last edition of Assent’s Ask the Experts blog.

Assent’s regulatory subject matter experts frequently participate in events such as webinars to educate compliance professionals. They also inform our clients’ regulatory programs. To learn more, contact