The historic referendum vote on 23 June 2016 by the public in the United Kingdom (UK) (which includes England, Scotland, Wales, Northern Ireland, and Gibraltar) on whether the UK should remain in the European Union (EU), otherwise known as “Brexit,” has sparked many concerns in businesses operating in Europe and the UK. The future of many political, trade and commerce issues between the UK and the EU will remain unsettled until the former’s formal initiation of Article 50 procedures under the Treaty on European Union (“Withdrawal of a Member State from the EU”) and the related negotiations. However, it is clear now that if Brexit does occur – and the UK does leave the EU – companies, especially importers of chemicals and chemical products, must have a proactive strategy to handle the commerce and regulatory impacts of the UK's departure from the EU.

On June 20, 2016, the European Chemical Agency (ECHA) added one new Substances of Very High Concern (SVHC) to the REACH Candidate List for Authorization. The new substance added is called: Benzo[def]chrysene also called benzo[a]pyrene also called (carcinogenic, mutagenic, toxic for reproduction, PBT, and vPvB) and is a polycyclic aromatic...

On 16 June 2016, the European Union (EU) Commission, the Parliament and the Council reached an agreement on conflict minerals. EU firms importing tin, tungsten, tantalum, gold and their ores (3TG), including processed metals, will be required to do due diligence checks on their suppliers. The aim is to stop trade in 3TG which funds conflicts and human rights abuses around the world. The Commission will also develop incentives and voluntary supply chain due diligence reporting tools for downstream EU companies that use these metals and minerals as components in their products.

Editor's Note: The original artcle has been updated since June 9, 2016. On 22 June 2016, U.S. President Barack Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (H.R. 2576) which modernizes the 40- year-old Toxic Substances Control Act (TSCA).

Significantly, HARPC has changed allergen control through the Good Manufacturing Practices (GMP) revisions. In fact, over 25 allergen related GMP mentions can be found in HARPC. Recommendations have been replaced with required GMPs under the HARPC rule. Allergen cross-contact must be mentioned in the GMP’s. Allergen controls must also address handling, storage and use.

FSMA is changing how companies manage undeclared allergen risk during the production of finished products. For example, raw agricultural commodities are exempt from FALCPA. That does not mean there is not still a risk that a commodity ingredient contains an undeclared and unexpected allergen such as a peanut protein. Food fraud can also be an allergen source. An example of food fraud is an undocumented substitution of a cheaper peanut protein for an almond protein.

The Food Safety Modernization Act (FSMA) has posed significant changes in the food industry, with specific changes to allergen controls and good manufacturing practices (GMPs). Having GMPs for allergen control is no longer just a company best practice but a requirement of companies under FSMA.

On December 17, 2015, the European Chemical Agency (ECHA) added five new Substances of Very High Concern (SVHC) to the Candidate List for Authorization.

In the evening of 17 December 2015, the U.S. Senate passed the “Frank R. Lautenberg Chemical Safety for the 21st Century Act” (S. 697), which reforms the Toxic Substances Control Act (TSCA) for the first time since its enactment in 1976. The Senate approved the legislation by unanimous consent in a voice vote and broke its months-long deadlock on the floor vote. The language of the passed bill is an updated version of S. 697 from October. Sponsored by Senators David Vitter (R-LA) and Tom Udall (D-NM), S. 697 has gained filibuster-proof support this year. The next phase of the legislative process is a conference committee to reconcile the differences in the House and Senate versions of TSCA reform.