Registration duty for highly fluorinated substances (PFAS) in chemical products
Highly fluorinated substances, known as PFAS, which have been deliberately added to chemical products, must be reported to the products register. This applies to companies that have a chemical product for which there is a duty of notification in the products register. The regulation for registration of PFAS in the products register came into effect on January 1, 2019. This means that the first time PFAS is obliged to be reported in the register will be in February 2020.
If you have a chemical product subject to notification, you must report if it contains intentionally added PFAS. This applies regardless of the concentration of the substances. But you don't need to report the concentration of PFAS in the product, nor the name of the substance. You report the PFAS content at the same time as you complete your product notification to the products register. If you already have a product registered you need to supplement the registration with information on PFAS content.
The definition of which PFAS are to be registered are substances which in their molecule contain a perfluorinated carbon chain with at least two carbon atoms and bonding to optional atoms or groups of atoms. For example, the substances PFOA and PTFE (Teflon) are subject to the notification requirement.
If you do not know if PFAS is intentionally added to your product, please contact your supplier. Intentionally added means PFAS which is deliberately added to achieve a certain function, for example repelling water and dirt or lubricating function. PFAS can be included in chemical products such as impregnating agents, ski wax, fire-fighting foams and in the raw material for plastic and paper.
Exemption from the regulation
There are exemptions from the regulation. If your company has an annual turnover of less than 5 million SEK you are exempted from the requirement of reporting PFAS in chemical products.
Start well in advance
Begin the work to find out if PFAS is included in your product right now. If you do not have access to the data to be registered, contact your supplier well in advance of the registration.
Purpose of the new regulation
Highly fluorinated substances are extremely difficult to decompose in the environment and many are mobile in soil and water. PFAS has contaminated drinking water in several places in Sweden. The purpose of the Swedish Chemicals Agency's stricter reporting requirements is to increase the knowledge about how PFAS is used. With more information about the use, it will be easier to assess what measures may be needed to protect health and the environment.