9 Safe consumer products

In the future, one of the main challenges will be to ensure that all the products we use are safe both for our health and for the environment. To achieve this, chemicals must be produced and used in ways that present the least possible risk to health and the environment. Products must not contain chemicals that will turn up in our food and accumulate in our bodies, in our children or in future generations. The products we use must not pollute the environment, neither locally nor globally. A concerted effort will be necessary to develop alternatives to hazardous substances and put them to use, and to achieve the goal of a non-toxic future with safe products.

The Government will eliminate the use of the most hazardous ecological toxins, place stricter controls on the most dangerous substances and improve the flow of information on hazardous substances. This will safeguard our right to the information we need to choose products containing few or no hazardous substances and products whose production does not have negative impacts on health or the environment.

9.1 Challenges related to products

Consumers have an impact on the environment through their behaviour – for example, through the products they buy. If we are to succeed in maintaining a reasonable standard of living coupled with an environmentally sound consumption pattern that does not pollute the environment, we must all contribute. And in order to do this, consumers must be given access to sufficient information to offer them a real opportunity to avoid products containing hazardous substances.

Chemicals are used in all kinds of products to enhance their properties. Hazardous substances are thus found in textiles, furniture, toys, hobby supplies – all the ordinary products we use in our daily lives. In recent years, the proportion of releases of ecological toxins and other hazardous substances originating from products has been rising relative to that from traditional sources of pollution such as manufacturing and combustion plants. Thus, the main challenge today arises from hazardous substances released during the use of products or generated when they are discarded as waste, rather than during production processes.

Photo: Marianne Otterdahl-Jensen

Hazardous chemicals from consumer products are dispersed particularly widely and effectively, and they are refound in nature, in our homes, in house dust, in the food we eat and in our blood. They are released when products are manufactured, used or discarded as waste. It will therefore not be possible to achieve the national target of eliminating the use and release of substances that pose a serious threat to health or the environment by 2020 if ecological toxins continue to be used in common consumer products.

Children, like adults, are exposed to hazardous substances in products. They are also a particularly vulnerable group because they are still developing and are therefore even more susceptible to the harmful effects of hazardous substances. Some substances can cause permanent damage or serious illnesses later in the life of an individual who has been exposed to high concentrations of these substances in childhood or before birth. Allergies in particular are a growing problem; the onset of allergy in most people with allergies takes place in childhood.

Little is known about what products contain. The growing proportion of imports, especially from non-EU countries, adds to the problem of obtaining adequate information. Inspections show that many importers and dealers do not know which substances their products contain, and in consequence, products containing hazardous substances are being marketed without buyers or sellers being award of this. Small and medium-sized enterprises that use products containing hazardous substances also need to know more about the products they use.

Trade in products contributes substantially to wealth creation in Norway. Trade restrictions normally add to the cost of doing business, and these costs are even greater if more environmentally sound alternatives are not commercially available. Products are now traded in international markets, and any Norwegian prohibitions or other measures must be harmonised with Norway’s international commitments in the areas of product and trade regulation.

The authorisation procedure under REACH may prove to be an effective means of eliminating the use of the most dangerous substances – both those that pose the greatest health hazards, and ecological toxins (see discussion of REACH in Chapter 5).

9.2 Eliminating the use of ecological toxins in consumer products

The Government will:

• consider introducing a comprehensive prohibition against ecological toxins in products intended for private consumers.

To reduce the spread of ecological toxins from products and to ensure the safety of products in the consumer market, the Government will focus particularly on eliminating the use of ecological toxins in consumer products.

The Government is therefore considering a comprehensive ban on ecological toxins in ordinary consumer products, which would do much to eliminate the use of these substances and their release from products, and also help to reduce pollution from products when they are discarded or find their way into the waste water system. A very important point, in the Government’s view, is that a general prohibition of this kind would reverse the principle followed in the current legislation, which regulates specific areas of use. Thus, certain ecological toxins would be prohibited in consumer products in general, but specific exemptions would be made where no adequate alternatives are available or where it is certain that the use of these substances poses no risk to health or the environment. When exemptions are being considered, other factors that will be given weight are whether barriers to trade can be introduced and what they would cost. Moreover, by introducing a general prohibition against these substances, the authorities can ensure that the ban covers areas of use they are unaware of at the time and any new areas of use that arise. This means that the burden of proving that no satisfactory alternatives are available will be on the manufacturers and importers.

Other control measures are also being considered for substances that for various reasons are not most appropriately dealt with by means of prohibitions.

The Government’s aim is for a wide-ranging prohibition to include substances whose toxic, persistent and bioaccumulative properties are reasonably well-documented, and whose presence in the environment in appreciable concentrations is equally well-established. So far, 21 substances are considered relevant for prohibition in consumer products in addition to substances that are already adequately regulated by the Product Regulations (see table 9.1). Most of these substances are on the Government’s priority list. Further substances may be considered for inclusion in the prohibition. Prohibition would apply to a number of products that contain the substances in question.

Many of the substances in question are already banned in cosmetic products. The Government will also consider further prohibitions against certain substances in cosmetics and hair care products on environmental grounds.

Textbox 9.4 Which products contain ecological toxins?

Ecological toxins that may be prohibited are found in quite ordinary consumer products such as:

• Plastic products – toys, waterproof clothing, floor coverings

• Building materials – insulation, moisture-resistant wallboard, ceiling panels, pipes

• Paints and glues

• Textiles

• Car care products

• Cosmetic products

Source Norwegian Pollution Control Authority

Any Norwegian regulation of the use of ecological toxins in consumer products will have a major impact on trade in these products. Regulatory measures will have to be consistent with Norway’s international obligations regarding product control and trade. Under the EEA Agreement, Norwegian and EU chemicals legislation is harmonised. This means that as a general rule, the same requirements apply in both Norway and the EU, but there is some room for national regulation of a number of specific substances and areas of use. Norway has most room for manoeuvre in areas where the legislation is not fully harmonised. It is more difficult for Norway to lay down stricter rules than the EU for substances and areas of use that are specifically regulated in fully harmonised regulations and directives, although there are possibilities for doing so.

The Government is focusing on consumer products because consumers are generally less knowledgeable than professional and industrial users of products, and because pollutants from consumer products become more widely dispersed in the environment than other pollutants. Consumers also have a poorer basis for choosing more environmentally sound products than do professional users, and are less able to apply safety measures to protect themselves. Some of the same problems apply to products sold to professional users, however, so the Government will consider whether there is a need for a corresponding prohibition against ecological toxins in products aimed at the professional market.

9.3 Action to be taken against certain hazardous substances

In addition to a wide-ranging prohibition against ecological toxins in consumer products, the Government will introduce regulatory measures to eliminate the use of certain substances completely. These measures are described below.

9.3.1 Mercury – still found in products

The Government will:

• consider the introduction of a ban on the use of mercury in products, and advocate the phasing out of mercury in products in the EU and EFTA countries.

Mercury is one of the most dangerous ecological toxins and represents a threat to human health and the environment. Because of mercury pollution, the food authorities still advise against excessive intake of such fish as trout and char. Although mercury is already prohibited in many products, it is still used in dental amalgam, light sources and measuring equipment. Mercury releases from products account for approximately 20 % (206 kg) of Norway’s total releases of mercury. In order to achieve the target of reducing mercury releases substantially by 2010, the Government will introduce a general ban on mercury in products, with the exception of a few very important applications, and certain types of electrical and electronic equipment. The aim is to introduce this prohibition in the spring of 2007. A ban on mercury in Norway would strengthen Norway’s influence on EU efforts in this field and give weight to Norway’s international advocacy of a global instrument on mercury. Good alternatives are available for the products that would be affected by the ban, and significant costs to business and industry are unlikely.

Source Norwegian Pollution Control Authority

The primary impact of a Norwegian ban on mercury in products would be to speed up the process of phasing out mercury in dental amalgam. Strict guidelines issued by the health authorities on the materials used in tooth fillings have already reduced the use of mercury amalgam substantially, but prohibiting it would ensure that this reduction continues and accelerate the process. However, the time lag between use and release means that amalgam will continue to be a significant source of mercury releases for some time.

9.3.2 PFOS – a persistent ecological toxin in clothing and fire fighting foam

The Government will:

• ban PFOS in fire fighting foams, impregnation agents and textiles in Norway in 2007, and advocate the widest possible scope for the EU regulatory framework.

It is only within the past few years that PFOS has been identified as an ecological toxin. It is a very serious pollutant, and Sweden has called for its inclusion in the global Stockholm Convention on Persistent Organic Pollutants (POPs). PFOS shows no signs of biodegradation in the environment, and it can affect reproductive capacity and cause fetal injury. It is therefore a grave long-term threat to both health and the environment. PFOS has been found in the environment in Europe, in Norway and in the Arctic, and rising levels are being found in human blood as well.

Source Norwegian Pollution Control Authority

The Government intends to ban the use of PFOS in fire fighting foams, impregnating agents and textiles. These sectors account for nearly all use of PFOS in Norway. The main area of use in Norway is in fire fighting foams in the offshore industry (see Chapter 7.3). The Government will also advocate the widest possible scope for the forthcoming prohibition in the EU and is actively supporting a Swedish proposal to include PFOS in the international agreements on POPs. PFOS has already largely been eliminated from textiles and impregnating agents, so further costs to the industry are likely to be small. However, there will be costs involved in replacing the remaining stocks of fire fighting foam that contain PFOS.

A number of substances break down to form PFOS, and the Government will review how they can be regulated. The Government also wishes to improve knowledge of other perfluoroalkyl substances (PFAS) and find out whether they are just as dangerous as PFOS.

9.3.3 Brominated flame retardants – useful, but also a risk

The Government will:

• consider strict regulation of deca-BDE in Norway

• actively support the efforts of Denmark and the European Parliament to reinstate the ban on deca-BDE in electrical and electronic equipment in the EU

• review whether to ban HBCDD (hexabromocyclododecane) and TBBPA (tetrabromobisphenol A), and call for the inclusion of HBCDD in the international agreements on POPs.

Brominated flame retardants are a group of chemicals that inhibit combustion. They are extensively used in electrical and electronic equipment, textiles and plastics in transport equipment, building materials, paints and insulation foams. However, many brominated flame retardants are also serious ecological toxins that accumulate in the food chain and can cause damage to the liver and nervous system. Concentrations of brominated flame retardants in the environment are rising, including in the Arctic. The Government will therefore seek to eliminate the use and release of several brominated flame retardants by working towards stricter regulation at national and European level.

Stricter regulation of deca-BDE

Decabrominated diphenyl ether (deca-BDE) is very persistent, has been detected high up in the food chain, and may have chronic impacts on health. In all probability, it can be converted into even more dangerous flame retardants (pentabrominated diphenyl ether, or penta-BDE). There are repeated indications of its continuing spread. Deca-BDE has for example been detected in polar bears and glaucous gulls in the Arctic. In Norway it has been found in moss, marine and freshwater sediments, and leachate from landfills.

This is the background for a unilateral Norwegian proposal to ban the use of deca-BDE, except in the transport sector. A public consultation on the proposal was held in the spring of 2005, and the Government is now considering whether to introduce the this prohibition.

Under the EEA Agreement, Norway has implemented EU directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment (the RoHS Directive). This directive originally prohibited the use of deca-BDE in electrical equipment, but the EU Commission has subsequently decided to exempt deca-BDE from the ban. This decision has a clear negative signal effect in environmental terms, and is a step backwards in the development of the RoHS directive. Norway has been working actively to prevent the introduction of this exemption. The Danish Government and the European Parliament have launched legal challenges against the EU Commission with a view to having this decision annulled, so that deca-BDE can again be included in the prohibition. Norway will submit an intervention in the case in support of Denmark and the European Parliament, and will continue its active efforts to gain support for its views.

Stricter regulation of HBCDD and TBBPA

It has been documented that hexabromocyclododecane (HBCDD) and tetrabromobisphenol A (TBBPA) have serious environmental effects. They are very toxic to aquatic organisms, persist in the environment, and may have long-term environmental impacts. HBCDD is very bioaccumulative, and has been found in the Arctic far from sources of pollution, showing that HBCDD is transported over long distances.

To eliminate the use and release of these ecological toxins, the Government intends to consider prohibitions against both HBCDD and TBBPA. A total prohibition against the production, import, export and use would eliminate the use of the substances themselves and of products containing them. However, for some areas of use there are still uncertainties regarding the availability of alternatives and the costs and consequences of a prohibition. Therefore, it is necessary to review the consequences and assess the need for exemptions. The Government intends to propose the inclusion of HBCDD in the POPs Protocol under the Convention on Long-range Transboundary Air Pollution and in the global Stockholm Convention.

9.3.4 Triclosan contributes to resistance to antibiotics

The Government will:

• consider the most suitable measures for reducing the use and release of triclosan.

The antibacterial triclosan is suspected of contributing to a rise in antibiotics resistance in bacteria. Triclosan is also extremely toxic to aquatic organisms. It may have long-term environmental effects because it accumulates in living organisms and is not readily degradable in the environment. It is used in products that are sold in large quantities, including toothpaste (to control dental plaque), cosmetics (as a preservative), antimicrobial agents used in health care, and textiles.

At the request of the health authorities, the Norwegian Scientific Committee for Food Safety carried out a risk assessment of triclosan. Its report, presented on 31 January 2005 1 concluded that the use of triclosan in cosmetics represents a public health risk because it may contribute to the development of resistance to clinically important antimicrobial agents. The report also documented that the current regulation of the use of triclosan in cosmetic products in EEA legislation is not strict enough in view of toxicological risk assessments. In the light of this, the Norwegian health authorities have advocated further reviews in the EU. The Commission’s Scientific Steering Committee is now reviewing the material submitted by the Norwegian Scientific Committee for Food Safety. The Norwegian environmental authorities have previously gained approval in the EU for the classification of triclosan as an environmentally hazardous substance.

The Norwegian authorities have asked the cosmetics industry in Norway to stop using triclosan. An alternative antiplaque has been incorporated into some toothpastes, and the use of triclosan has subsequently been cut by half. The Government takes the view, on the basis of both health and environmental considerations, that the use and release of triclosan should be reduced even further, and it will consider the most appropriate ways of achieving this.

9.3.5 Eliminating the use of copper in homes and for recreational purposes

The Government will:

• consider introducing a tax or a prohibition to reduce releases of copper from antifouling agents and treated wood.

Copper is a naturally occurring metal and does not accumulate in the food chain. On the contrary, it is an essential element for both plants and animals, but some copper compounds are very toxic to aquatic organisms. Copper can thus represent a risk to the environment, particularly in aquatic environments with little organic material, such as some lakes and the open sea.

Copper is a constituent of many products, either as metallic copper or in copper compounds. Products containing metallic copper, such as brass candlesticks, are little problem in terms of pollution, but the copper compounds found in such products as wood preservatives and antifouling agents for boats are a source of releases to the environment. Regulation of copper by means of prohibition or taxes would limit sales and restrict trade in these products.

The chief sources of copper releases in Norway are products, especially antifouling agents for boats, antifouling agents used on fish farming cages, and increasingly wood preservatives. Releases from products accounted for about 80 % of Norway’s releases of copper in 2003. Norwegian releases of copper declined by 13 % in the period 1995 to 2004.

To reduce releases of copper to the environment, the Government will consider taxing or prohibiting the use of copper in treated wood and antifouling agents. Copper-free preservatives have been developed to replace copper-based preservatives. However, adequate alternatives have not been developed for antifouling agents for pleasure craft. The Government will propose a policy instrument which over time will encourage the development of copper-free alternatives. For a discussion of copper releases from fish farming cages, see Chapter 7.7.

9.4 Cosmetic and body care products and pharmaceuticals

The Government will:

• consider imposing restrictions pursuant to the Product Control Act on cosmetic products that represent particular environmental risks

• create a register of allergic reactions to cosmetic products at the National Institute of Public Health

• include cosmetic products in the Product Information Bank (PIB)

• promote increased eco-labelling of cosmetics

• promote Nordic cooperation to improve knowledge of the occurrence of chemicals from pharmaceuticals and cosmetics in the environment, and on the environmental properties of these chemicals.

Medicines and cosmetic products are of major economic importance. Their use also entails releases of a number of hazardous substances via waste water into lakes, fjords and the sea. However, we currently know too little about the adverse environmental impacts these releases may have.

Photo: Marianne Otterdahl-Jensen

Among consumers, allergic reactions to specific chemical ingredients in cosmetics have attracted a great deal of attention. The chemicals used in pharmaceuticals and cosmetics are thoroughly tested and evaluated with respect to their health effects, including sensitising effects. In 2006, the health authorities were planning a new system for reporting side-effects of cosmetics, similar to that already in place for medicines and food, in an effort to further reduce health problems related to the use of these products. A new Act relating to cosmetic products and body care products entered into force on 1 January 2006. This provides the legal authority to introduce a duty for health care personnel who observe side-effects that may be caused by cosmetic products to report this. The Government intends to introduce this duty from 1 January 2007.

Legislation on cosmetic products is fully harmonised in the EEA, and Norway is therefore obliged under the EEA Agreement to implement the EU Cosmetics Directive. Norway’s regulations on cosmetic products therefore require ingredients to be listed on the packaging of all cosmetic products, in accordance with the provisions of the Directive.

Since 2003, the cosmetics industry has been required to submit information on the known environmental effects of the ingredients it uses to the EU Commission. Yet few substances used for the purpose of cosmetics have been tested to determine their environmental properties. Moreover, the EU requires environmental risk assessments for pharmaceutical substances that have been put on the market after 1995, but the guidelines for carrying out these assessments were not in place until May 2006.

All cosmetics on the market have long been subject to the requirement that they must not pose any risk to health during normal use. But since this means that only substances present in sufficient quantities to pose a health hazard during normal use are taken into consideration, some substances may be used in cosmetic products even though they are classified as hazardous either to health or to the environment.

Studies have been carried out of the presence in the environment of selected substances used in medicines and cosmetic products (and other products). A number of pharmaceutical substances and several of the substances used in cosmetic products (including triclosan), were found in low concentrations in sewage sludge, seawater and ocean sediments. The substances detected are widely used in other products as well, so the pollution may come from several sources. The Government will consider restrictions on cosmetic products that represent a particular environmental risk. Among other things, it will assess whether the use of parabens and phthalates in cosmetic products should be regulated on the basis of environmental considerations. In the event that restrictions are imposed, the costs for the industry and the impact on trade in these products will be taken into consideration.

The Government will work towards a broad survey of the environmental effects of cosmetic products and medicines in cooperation with the other Nordic countries. This would add to our knowledge of the presence in the environment of chemicals that are used in these products and of their environmental properties, and it would put us in a better position to assess the effects of important ecological toxins in common recipients. A survey would thus help to fill the gaps in our knowledge and be useful in shaping national policy to ensure a high level of protection for both health and the environment.

Source Danish National Allergy Research Centre

The Government will encourage the cosmetics industry to seek ecolabelling for its products – either the Nordic Swan or the EU flower. Closer collaboration with the Norwegian Association of Cosmetics, Toiletries and Fragrance Suppliers will heighten the focus on environmentally hazardous substances in cosmetic products. Through closer cooperation with the Association and Ecolabelling Norway, the Government will seek to raise awareness of the duty laid down in the Product Control Act to apply the substitution principle to all use of hazardous chemicals, and it will review measures designed to increase the proportion of ecolabelled cosmetic products.

The Government intends to make information on the ingredients in cosmetic products more widely available by requiring the registration of ingredients in the Product Information Bank (see Chapter 9.9.3). This will make it easier for consumers to choose appropriate products based on their needs as well as on environmental considerations.

The Norwegian Food Safety Authority, in cooperation with the National Institute of Public Health, will establish a system for reporting side-effects of cosmetics. The Institute of Public Health will maintain a register of allergic reactions to cosmetic products, which will be a valuable resource in the effort to build up our knowledge of sensitising substances in cosmetics.

The Government would like to emphasise the need for more intensive monitoring of medicines in the environment and to improve our understanding of the risks and the relationship between our use of medicines and their presence in the environment. The Government therefore intends to improve knowledge of the environmental properties of chemicals used in medicines.

9.5 Safer food

To deal with challenges in the field of food safety, the Government will step up its efforts by:

• identifying which hazardous substances we should focus on in the time ahead, and ascertaining where these substances are found

• expanding existing environmental monitoring programmes to include undesirable substances in the parts of the food chain that affect food safety, by establishing close cooperation between the food authorities and the environmental authorities

• strengthening the monitoring of undesirable substances in wild fish and shellfish.

The Government’s food policy is based on the premise that food should not only be safe, it should be experienced as safe.

Responsibility for food policy is shared between the Ministry of Fisheries and Coastal Affairs, the Ministry of Health and Care Services and the Ministry of Agriculture and Food. The Norwegian Food Safety Authority is a subordinate agency of the Ministry of Agriculture and Food, and plays a central role in the implementation of food policy by taking part in the development of the legislation and by providing advisory, supervisory and monitoring services along the whole chain of food production, including sale to the consumer.

To ensure a high level of food safety, it essential to have an overview of all substances that may be found in the food chain in concentrations that represent an unacceptable health risk. Continuous efforts are being made at national and international level to reduce or eliminate releases of many of these substances. New substances are continually being added to the list of possible risk factors, while the use of substances that are already known to be risk factors is resulting in releases to the environment and their spread to the food chain. It is important to identify the substances of most significance to food safety so that we can deal with them in the best way possible.

Current monitoring programmes in the food sector focus on aquaculture and livestock production and on undesirable substances for which the EU has established limit values. There are gaps in our knowledge of undesirable substances in wild fish and shellfish and of substances for which limit values have not yet been established.

It is important to be able to identify a substance as a potential risk in food before it is present in quantities that make it a health problem. This requires close cooperation between the environmental authorities and the food authorities.

Many raw materials and foodstuffs contain nutrients that are beneficial to public health, but also contain pollutants and other undesirable substances in such quantities that they raise safety issues. It is therefore important to ensure that overall assessments are made, so that recommendations to the public have a sound scientific basis, and so that the nutritional benefits of foodstuffs are considered in relation to the health risks that their consumption may entail.

9.6 Public health work

The Government will:

• reinforce efforts to prevent injury to health from chemicals – both chemicals that cause acute injury and those that cause injury through long-term exposure.

To prevent injury to health and damage to the environment we must have adequate knowledge about the effects of chemicals on health and the environment. Building up this type of knowledge is one important aspect of public health work. It is important for consumers to have easy access to information on the properties of substances and on their presence in various products. This puts consumers in a better position to choose the products that represent the lowest risk, helps them to avoid health risks, and enables them to participate in efforts to prevent hazardous substances from being released into the environment. To prevent injury to health caused by chemicals, the Government will give priority to building up knowledge of possible health effects.

9.7 Fuelwood use and emissions of hazardous substances

The Government will:

• consider measures to reduce emissions of PAHs and other ecological toxins from fuelwood use

• provide better information on good wood firing practices

Wood-fired stoves produce emissions of a number of substances, several of which are hazardous to health or the environment. Emissions include PAHs, cadmium, arsenic and dioxins, all of which are priority ecological toxins. According to the Norwegian Emission Inventory for 2003, emissions from fuelwood heat were the second largest source of dioxin emissions. Wood heat also accounts for slightly less than one-third of Norway’s PAH emissions.

The trend in emissions of PAHs will depend, among other things, on how much fuelwood people burn to heat their homes and on how quickly old wood-fired stoves are replaced with modern, clean-burning stoves or pellet stoves. Statistics Norway has calculated that emissions of particulate matter in Oslo would be reduced by 270 tonnes if all old stoves were replaced with modern stoves. This would also lead to a large reduction in emissions of PAHs. A number of municipalities now pay small grants to people who buy new wood stoves, but this represents only a small proportion of the total sales of wood stoves. Wood pellets also produce lower emissions of particulates and associated ecological toxins such as PAHs. To reduce emissions from wood-burning stoves, the Government will review measures to speed up the replacement of wood-burning stoves and encourage the installation of equipment to control emissions.

Photo: Marianne Otterdahl-Jensen

Studies carried out by Statistics Norway indicate that up to 15 % of total fuelwood consumption in Oslo consists of board and other building materials. Although a large proportion of respondents state that they use only clean wood, it is realistic to assume that materials with traces of paint are also being burned. Combustion of contaminated materials produces hazardous substances, most of which are released straight into the environment. The Government will provide better information on good wood firing practices.

9.8 Expanded duty to provide information and to apply the substitution principle

The Government will:

• consider amendments to the provisions of the Product Control Act so that there are clearer requirements for importers and distributors of products containing hazardous substances to obtain and provide information about their products

• consider expanding the duty to apply the substitution principle to apply to importers and distributors as well.

Expanded duty to provide information

The duty to provide information on the content of hazardous substances in products is not set out clearly enough in the legislation relating to pollution. The Product Control Act has few provisions that require active steps to provide information.

The Government takes the view that information on health and environmental properties should accompany products so that each successive link in the supply chain is able to take informed decisions. The Government therefore intends to introduce a duty to take more active steps to provide information throughout the supply chain, either in the form of an amendment to the Product Control Act or through regulations.

Manufacturers and importers are currently required under the Product Control Act to obtain information on possible adverse health and environmental effects of their products. However, it has proved difficult to enforce this requirement. On the basis of the existing duty of care, the Government therefore proposes an amendment requiring manufacturers and importers to take active steps to provide such information. The requirements should be formulated in such a way as to ensure that the next link in the supply chain receives the information it needs to make decisions in accordance with other rules, such as those for waste management (see Chapter 10.4). The Government further proposes that manufacturers or importers must be able to document that studies have been undertaken to obtain the information. Such requirements would prevent products containing constituents that are prohibited in Norway, such as CCA-treated timber (wood materials treated with copper, chromium and arsenic) from entering the Norwegian market and limit their distribution and use. They would also encourage more active efforts to replace hazardous substances with less hazardous alternatives.

Expanded duty to apply the substitution principle

The duty to apply the substitution principle, as laid down in the Product Control Act, entails a duty to replace hazardous substances with less hazardous alternatives where it is technically and financially feasible to do so. In other words, this is a dynamic process in which enterprises are expected to switch to substances with less impact on health and the environment as they become available, as long as this does not involve unreasonable cost or inconvenience. At present, this duty applies only to enterprises that use chemicals – usually manufacturers. Distributors of chemicals are not currently required to consider alternatives.

In the Government’s view, it is inappropriate that the duty to apply the substitution principle does not apply to distributors, and it will therefore consider a proposal to include them in the scope of this duty under the Product Control Act. The purpose would be to promote a more dynamic substitution process in which distributors would be required to evaluate the types of products they place on the market. Some harmful products should not be placed on the market at all, and importers and other distributors are often in the best position to determine which product should be offered instead on the basis of health or environmental considerations. At present, importers may find it difficult to get their customers to switch to products with less health or environmental impact because they are costlier and because their competitors offer other cheaper but less environmentally sound products that outcompete them.

If the scope of the duty to apply the substitution principle is widened to include other groups in addition to users of chemicals, it will also acquire a new dimension. If distributors are included, it will in practice also become a duty to provide a framework to help others to switch to alternative products when appropriate.

The Norwegian Pollution Control Authority’s inspection and enforcement activities reveal that importers and distributors know too little about the current legislation. The Government will therefore reinforce efforts to promote the substitution principle by informing importers and distributors that they are expected to apply the substitution principle and consider alternatives to products that contain hazardous substances.

9.9 Improving the flow of information on hazardous substances

Consumers are entitled to information on hazardous substances in products, both so that they can protect themselves and so that they can make more environmentally sound choices for their own sake and that of their families and the environment. Vulnerable groups such as children and people with allergies have a particular need for information on how they or their parents can choose products that represent less of a hazard to their health.

The problem is that consumers have only limited knowledge of chemicals and do not know enough to be able to choose less hazardous products. The range of available products is enormous, and current classification and labelling requirements for manufactured goods are inadequate.

All ingredients are listed on the labels of cosmetic products. The problem for consumers is to identify which substances may be environmentally hazardous or suspected of having adverse effects on health.

The EU’s REACH legislation will improve the flow of information on chemicals substantially. Information on chemicals is to be transmitted along the supply chain by means of improved safety data sheets, and much of the information will be provided by the industry itself. The authorities, especially the Norwegian Pollution Control Authority, which has been designated as the competent authority in respect of REACH, will play an important role as a contact point and will provide support for small and medium-sized enterprises as they prepare to meet their obligations under REACH.

Nonetheless, consumers cannot be expected to be fully oriented regarding the content of hazardous substances, or to make use of such information as chemical names of substances, trade names and so forth.

The Government will improve the flow of information on hazardous substances in products in order to help consumers make informed choices.

9.9.1 Strengthening importers’ and retailers’ knowledge of chemicals

The Government will:

• raise awareness of the right to product-specific information laid down in the Environmental Information Act and the Product Control Act

• improve importers’ and retailers’ knowledge of hazardous substances and relevant legislation by means of specially designed courses held in collaboration with industry organisations.

The right to environmental information was laid down in the Norwegian Constitution as early as 1992. To further reinforce this right, the Act relating to the right to environmental information and public participation in decision-making processes relating to the environment, or Environmental Information Act, was adopted, and entered into force on 1 January 2004. It is intended to make it easier for the public to contribute to the protection of the environment, protect themselves against injury to health and environmental damage and to influence public and private decision-makers in environmental issues.

This Act gives all citizens a right to information from public authorities and from public and private undertakings on matters of significance for the environment. It also requires the public authorities to take active steps to make information on environmental issues and the state of the environment accessible to the general public. This will enable the public to follow developments and trends in various environmental problems locally and globally.

When the Environmental Information Act entered into force, the Appeals Board for Environmental Information was established to hear appeals against refusals to disclose information by private undertakings. Many of the cases heard by the Appeals Board have involved the right to obtain information on the content of hazardous substances in various consumer products. This shows that the Act is being invoked and is particularly important in this area.

Rules dealing with the right to product-specific information are set out in the Product Control Act, and entitle anyone to obtain information on products that can cause injury to health or environmental damage directly at any point in a supply chain. The consumer is entitled to information on the content of hazardous substances in a product, and to information on how to prevent harmful effects.

The Government intends to raise awareness of the right to product-specific information as laid down in the Environmental Information Act and the Product Control Act. The emphasis will particularly be on improving environmental information to consumers to put them in a better position to take environmentally sound decisions. Small enterprises such as many of those in the retail sector often know too little about the legislation, and the Government will therefore provide information targeted specifically towards these actors. The Government is in the process of evaluating the Environmental Information Act, and will afterwards consider possible initiatives and measures to make these rights and obligations even better known, f.ex. by publishing guidance documents. These efforts will take place in cooperation with industry, consumer and environmental organisations.

Inspection and enforcement of the legislation on hazardous substances has revealed that importers and retailers in particular know too little about the content of hazardous substances in the products they import and sell. Competence-building is therefore particularly important in these branches. Improving knowledge of hazardous substances in these firms will also make it easier for consumers to obtain information when they ask for it. To this end, the Government and the Federation of Norwegian Commercial and Service Enterprises have taken steps to establish closer cooperation. A joint project involving the Federation and the Norwegian Pollution Control Authority is to facilitate training to build up expertise in relevant branches and provide key purchasing personnel with the knowledge they need to improve compliance with the legislation and make environmentally sound choices on their own initiative. One important part of this training will deal with obligations under the EU’s new REACH legislation.

9.9.2 Improving product labelling

The Government will:

• advocate the introduction of common mandatory European labelling rules for articles containing environmentally hazardous substances

• consider options for labelling or other information instruments for products designed for children or for surroundings where children play or spend time

• strengthen the official ecolabelling schemes, including through information activities and funding for the establishment of environmental criteria

• encourage more manufacturers to seek ecolabelling for their products

• play a constructive role in improving the information provided on chemicals in environmental products, based on manufacturers’ responsibility for drawing up such declarations.

Textbox 9.16 Organic agricultural products

Organic farming gives high priority to environmental considerations, and one of its tenets is to base production on local, renewable resources. The use of artificial fertilisers and synthetic pesticides is not allowed. Organic production comes within the scope of the EEA Agreement. Norway has implemented the EU legislation in this area in its regulations relating to organic production and the labelling of organic agricultural products and foodstuffs. Only agricultural products that meet the requirements set out in the regulation may be labelled with the designation «organic».

Debio owns the Norwegian «Ø» logo (Norway’s organic label). Producers and enterprises that fulfil the official organic production requirements may use the Ø logo. The Ø logo confirms that production has been inspected and approved pursuant to the regulations relating to organic production. There is also an EU logo for organic products.

Labelling of articles that contain hazardous substances is not mandatory at present, making it difficult for consumers to find out what products contain. Unilateral Norwegian requirements for labelling of products containing hazardous substances would apply to only a small proportion of the products sold in this country. Products are distributed throughout the world through imports and exports, and international measures are therefore needed to reach users in many countries.

Compulsory labelling of articles

It will take time to achieve the goal that ordinary consumer products on the Norwegian market should not contain ecological toxins, so that all products are free from these substances. Under the new EU chemicals legislation, REACH, authorisation will be required for substances of very high concern, which include the most dangerous ecological toxins and the substances that are most hazardous to health. The Government will advocate mandatory labelling for products that contain substances that have received authorisation under REACH to ensure that consumers know if a product contains particularly dangerous substances. Children are a particularly vulnerable group. The Government will therefore review options for labelling or other ways of identifying the presence of hazardous substances in products designed for children or for use in playgrounds and other places where children play or spend time.

Textbox 9.17 The Flower and the Swan

There are currently two official ecolabelling schemes in the Norwegian market, the Nordic Swan and the EU Flower. The Swan is an ecolabelling scheme established jointly by Norway, Finland, Sweden, Iceland and Denmark. Its purpose is to give consumers advice so that they can choose the products that put least pressure on the environment. In order for a product to be approved, the manufacturer must submit documentation that it meets requirements in a number of areas, including raw materials, releases during production, energy use, hazardous substances, packaging and product quality and function. Requirements relating to chemicals have been established for all product groups, usually based on the precautionary principle. The development of environmental criteria for the Swan and Flower labels is a transparent process involving cooperation with experts and manufacturers.

The Government will also review measures and instruments that can give users and consumers more information on products that end up as hazardous waste or electrical and electronic waste. A broad range of relevant information measures will be considered (see Chapter 10.4).

Voluntary labelling: official labelling schemes

The Government views voluntary labelling under the official ecolabelling schemes as an important way of giving consumers a chance to choose the most environmentally sound products. Ecolabelling is also an important way of promoting environmental measures along the entire supply chain from the extraction of raw materials, through production to the final disposal of products as waste, and can thus help to reduce pollution beyond Norway’s borders. Hazardous substances are important in this context, and the Government views the official ecolabelling schemes as an important supplement to statutory requirements.

Ecolabelling Norway, which administers the Nordic Swan labelling scheme, is working with a number of product types that have considerable environmental impact as a result of their content of hazardous substances. These include paints, car care products, industrial cleaners and lubricants. One consideration when choosing product types for ecolabelling is whether there is any potential for improvement that could be highlighted by ecolabelling. Areas where the content of hazardous substances in products is a problem will continue to receive priority.

It is important to develop environmental criteria for more of the products consumers come into contact with. Government funding for the ecolabelling scheme and rising consumer demand for ecolabelled products will provide incentives to introduce more ecolabelled products. Businesses also have a responsibility for seeking ecolabelling for their products and for marketing more ecolabelled products.

The Government will consider an initiative to promote ecolabelling of certain product groups that currently contain hazardous substances, such as travel goods of plastic and leather, plastic kitchen utensils and hobby products. The Government will also, in cooperation with Ecolabelling Norway, take the initiative for information campaigns that will among other things highlight the fact that ecolabelled products have a lower content of hazardous chemicals.

Environmental product declarations

Detailed and verified environmental product information is becoming increasingly important internationally, and a growing number of Norwegian manufacturers are finding that their international customers set high environmental standards.

The Norwegian business sector has taken part in projects at the national and Nordic level on the development of environmental product declarations. The Swedish Environmental Management Council established a programme in 1997 for the certification of environmental product declarations, and the Federation of Norwegian Business and Industry established a similar scheme in 1999 for approval and registration of environmental product declarations in keeping with a standard format. In 2002, the Federation of Norwegian Business and Industry and the Federation of Norwegian Construction Industries established the EPD Foundation Norway.

Environmental product declarations have been drawn up for various types of products, including furniture, building materials, energy, packaging and paper. The focus now is on how information on chemicals and ecological toxins can best presented in the declarations.

The Government welcomes the initiative taken by the business sector to develop environmental product declarations, and considers it particularly important that this will improve the availability of environmental information on products. The initiative can also provide valuable input to the work on ecolabelling of consumer products and work in the field of public procurement. The Government will seek cooperation on improving the provision of information on chemicals in environmental product declarations, using the responsibility of the business sectors to draw up such declarations as a basis.

9.9.3 Further developing channels of information

The Government will:

• consider expanding the scope of the duty to declare products to the Product Register to include all products for which safety data sheets are mandatory and cosmetic products, or other ways of improving access to product-specific information

• improve the Product Information Bank

• consider a mandatory requirement to make safety data sheets available through a public database

• ensure that the Product Information Bank clearly indicates which products and substances are ecolabelled, for example with the Nordic Swan or the EU Flower

• consider the establishment of a consumer website run jointly by the environmental, health and consumer authorities, and focus particularly on giving parents of small children the information they need to make life as non-toxic as possible for their children.

The Product Register

The Product Register runs the authorities’ central register of substances and chemical products that are on the market in Norway. All firms that import, distribute or manufacture chemicals for which labelling is mandatory in quantities exceeding 100 kg per year have a duty to declare them to the Product Register. The register currently contains information on 25 000 products, and this is rising by around 500 products a year. The information registered includes the complete chemical composition of each product, the sales volume and areas of use. To improve documentation on the sales and use of hazardous substances, the Government will as a first step consider whether to expand the scope of the duty to declare products to include all products for which safety data sheets are mandatory. One effect of this would be to improve information on solvents. The Government will also consider adding cosmetic products to the list of products that must be declared. Declarations should also include the product’s number in the Norwegian Customs Tariff, so that information in the Product Register can be linked with Statistics Norway’s trade statistics. In the longer term, the possibility of using customs tariff numbers as the basis for declarations can be considered. Broadening the scope of data collection by the Product Register in this way would be useful for monitoring purposes and for users such as the supervisory authorities, and it would facilitate the flow of information to the general public, for example through the Product Information Bank (see proposal below). However, it would also require legislative changes and clarification of administrative and economic consequences, so further review will be necessary. The Government will consider the advantages and disadvantages of expanding the scope of the duty to declare products and of other ways of improving the availability of product-specific information, so that it can be made more easily accessible to consumers.

The Product Information Bank

The Product Information Bank is a database designed to make health and environmental information about chemicals more accessible. At present, it is primarily used a central register for storing and distributing safety data sheets. The intention is to make it easier to choose the right product for a specific purpose and provide sufficient information to avoid health or environmental problems.

There is no obligation to register product information in this database. Efforts to increase awareness of the database and build up its content have been in progress for some years, but the results have not been satisfactory.

Photo: Scanpix

The Government wishes to improve consumer access to product information. To do this, it intends to reorganise the Product Information Bank so that product information, including information on cosmetic products, is available on the website, and will consider whether changes in the legislation are necessary to achieve this. It will also consider making it compulsory to make safety data sheets available through the Product Information Bank or on another database, and whether other requirements are needed to ensure that information is available on as many products as possible. It will also be important to make sure that Swan-labelled products are clearly identified in the Product Information Bank. The identification of substances in solid processed articles is another matter for consideration in the longer term.

Consumer website

The Government would like to see cooperation between the environmental, health and consumer authorities on consumer products. The establishment of an independent body or forum for such cooperation should be considered. The Government will also assess whether there is a need for a dedicated consumer website with a particular focus on health and environmental issues of relevance to children and families, including hazardous substances, and how this could be established.

9.9.4 Improving information on the health effects of chemicals

The Government will:

• reinforce efforts to prevent health injuries from low-intensity exposure by:

  • intensifying and systematising efforts to provide documentation on chemicals that can cause health injuries through low-intensity exposure

  • raising awareness of health injury caused by prolonged low-intensity exposure

  • building up expertise on combined effects, i.e. the effect on health of simultaneous exposure to several chemicals

  • strengthening cooperation between environmental medicine research institutions

• strengthen the National Poison Centre at the Directorate for Health and Social Affairs and its telephone hotline as a public channel for information and advice for dealing with acute poisoning, by:

  • considering the provision of a statutory basis for its activities

  • ensuring that the National Poison Centre is given information on the composition of all chemical products on the Norwegian market, by making it compulsory for suppliers to provide this information or by other means

  • building up documentation activities at the National Poison Centre and taking steps to ensure that documentation on poisoning and its treatment is included in the Norwegian Electronic Health Library .

Chronic effects and low-intensity exposure

The National Poison Centre provides advice in connection with acute poisoning, while other institutions – primarily the National Institute of Public Health and the National Institute of Occupational Health – deal with low-intensity exposure and chronic effects. Occupational exposure often involves much higher levels of exposure than those experienced by the general population. The health effects of occupational exposure are often serious (cancer, for example), but it is usually very difficult to link a specific case of illness to a specific case of exposure. This means that different approaches and expertise are often needed in dealing with acute and chronic exposure and the ensuing illnesses. The division of labour in this area between the National Poison Centre, the National Institute of Public Health and the National Institute of Occupational Health works well. However, one of the Government’s goals is to ensure that public access to information on chemicals is improved and made easier. The best tools for achieving this are greater expertise and more systematic information. Improvements are needed for both acute and chronic exposure.

Acute poisoning – the National Poison Centre

All EU and EFTA countries have national poison information centres. These centres have been established to assist the authorities in providing information and advice on acute exposure and the risk of poisoning for all types of chemicals and products (including medicines). In Norway, the centre was reorganised as a department of the Directorate for Health and Social Affairs in 2002. It fielded approximately 40 000 calls in 2005, around two-thirds of which were from the general public. It also handled other calls, chiefly from health-care institutions and emergency services and agencies. The National Poison Centre collaborates with its counterparts in other countries, especially the Nordic countries.

The Government will consider the provision of a statutory basis for the National Poison Centre’s activities. It is also important to ensure that this centre has access to information on the chemical composition of all chemical products on the Nordic market, for example by making it compulsory for suppliers to provide this information. Documentation is to be strengthened with knowledge-based assessments of acute toxicity and steps to be taken in the event of poisoning. There is a particular need to raise the level of medical expertise at the centre. The Government will take steps to have documentation on toxicity and treatment included in the Norwegian Electronic Health Library, which is a new Norwegian website for up-to-date information for all health care personnel. The Government will also strengthen the chemical health preparedness for chemical accidents and terrorism and clarify the role of the National Poison Centre.

9.10 Environmentally responsible public sector procurement

The Government will:

• draw up a plan of action for corporate social responsibility in public procurement. Among other things, special measures relating to the procurement of products that contain ecological toxins

In 2004, the public sector procured goods and services (2004) worth a total of NOK 256 billion, and the central government accounted for around NOK 100 billion of this. The public sector is a major customer and carries enough weight to influence the market for products containing hazardous substances. The Public Procurement Act requires public authorities to take life-cycle costs and environmental impacts into account when planning new investments.

The public sector must set an example as a responsible consumer and ensure that the products and services it procures meet high environmental standards. As a major consumer, it has a particularly important part to play in avoiding products that contain ecological toxins. By requesting environmental information and displaying environmental awareness in its procurement decisions, the public sector can also encourage the development of products and technology with a lower content of hazardous substances. For a number of product groups such as computer equipment, textiles and health and skin care products, public sector demand can strongly influence the availability of alternatives in the market. This will in turn benefit private consumers and society in general. Thus, the public administration can play an important role in promoting a non-toxic way of life. The Government will draw up a plan of action for corporate social responsibility in public procurement. Special measures relating to the procurement of products that contain ecological toxins will be assessed.