Cabinet Decision on the Cabinet Order for the Partial Revision of the Order for Enforcement of the Act on the Evaluation of Chemical Substances and Regulation of Their Manufacture, etc.

1. Background to the revision of the Cabinet Order

At the 10th meeting of the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants held in June 2022, PFHxS, its isomers or their salts were newly decided to come under the scope of elimination. In response, the Chemical Substances Council ^(*1) held a meeting in November 2022 and reached the conclusion that it is appropriate to designate PFHxS, its isomers or their salts as Class I Specified Chemical Substances ^(*2) under Article 2 (2) of the Act on the Evaluation of Chemical Substances and Regulation of Their Manufacture, etc. (hereinafter referred to as the "Act"). Based on this, the cabinet order designates the substances as Class I Specified Chemical Substances and makes the necessary revisions (for details, see Item 2 below).

*Notes:

1. The meeting was jointly held by: the Chemical Substances Investigation and Survey Committee, Committee on Safety Measures for Chemical Substances, Pharmaceutical Affairs Committee under the Pharmaceutical Affairs and Food Sanitation Council; and the Subcommittee on Evaluation of Chemical Substances, Environmental Health Committee under the Central Environment Council.
2. The list of Class I Specified Chemical Substances covers chemical substances that are low degradable, highly accumulative and have long-term toxicity to human beings or other animals at the top of the food chain. Concerning these substances, businesses are required to receive permission to manufacture and import them (both of which are prohibited in principle), are limited in how they can use them, and are prohibited from importing products designated under the Cabinet Order.

2. Summary of the Cabinet Order

(1) Designation of Class I Specified Chemical Substances

The Cabinet Order designates PFHxS, its isomers or their salts as Class I Specified Chemical Substances under Article 2 (2) of the Act (Article 1 of the Order for Enforcement of the Act).

(2) Designation of products that businesses are not permitted to import, in which any of the Class I Specified Chemical Substances are used

The Cabinet Order designates the following products that businesses are not permitted to import, in which PFHxS, its isomers or their salts, which are to be designated as Class I Specified Chemical Substances, are used (Article 7 of the Order for Enforcement of the Act).

1. Water-repellent textiles and oil-repellent textiles
2. Etching agents used for metal processing
3. Etchants used in the manufacture of semiconductors
4. Surface treatment agents for plating and their preparation additives
5. Antireflection agents used in semiconductor manufacturing
6. Resists for semiconductors
7. Water repellents, oil repellents, and fabric protection agents
8. Fire extinguishers, fire-extinguishing agents, and fire-extinguishing foams
9. Water-repellent clothes and oil-repellent clothes
10. Water-repellent floor coverings and oil-repellent floor coverings

(3) Designation of products for which standards must be met in relation to handling, etc. in which any of the Class I Specified Chemical Substances are used

For the time being, the Cabinet Order designates fire extinguishers, fire-extinguishing agents, and fire-extinguishing foams in which PFHxS, its isomers or their salts are used as products for which standards specified by the government must be met when they are handled (Article 3 of the Initial Supplementary Provisions to the Order for Enforcement of the Act).

3. Future schedule

Promulgation

December 1, 2023 (tentative)

Enforcement

[i] Item 2 (1)

February 1, 2024 (tentative) (to be enforced in two months after the promulgation)

[ii] Items 2 (2) and (3)

June 1, 2024 (tentative) (to be enforced in six months after the promulgation)

Related Materials (in Japanese)

• Bill of the Cabinet Order and the reasons(PDF:51KB)
• Outline(PDF:42KB)
• Comparison of the prior and revised provisions(PDF:68KB)
• Referential provisions(PDF:155KB)

Division in Charge

Chemical Safety Office, Chemical Management Policy Division, Manufacturing Industries Bureau