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Decree on endocrine disruptors: mandatory identification from 2022

New decree clarifies the measures taken by the French government to make available information on products containing endocrine disruptors

A decree dated 23 August 2021 and published in the JORF on 25 August 2021 clarifies the measures taken by the French government to make available information allowing the identification of products placed on the market which contain proven, presumed or suspected endocrine disruptors.

This new decree is fully in line with the second National Strategy on Endocrine Disruptors (SNPE 2) on improving consumer information. This decree aims to provide citizens with transparent information on the presence of substances with endocrine disrupting properties in products, in the sense of substances, mixtures, articles and foodstuffs.

In its first article, this decree recalls article L5232-5 of the public health code, i.e. the obligation for any person who places products on the market which, at the end of their manufacture, contain substances whose endocrine disrupting properties the National Agency for Food, Environmental and Occupational Health Safety qualifies as proven or suspected, to make available to the public by electronic means the information enabling the presence of such substances in these products to be identified. Products containing substances with suspected endocrine disrupting properties are only subject to this obligation when a particular exposure risk is identified.

In this decree, products include foodstuffs as defined in Article 2 of Regulation (EC) No 178/2002 and substances, mixtures and articles as defined in Article 3 of Regulation (EU) No 1907/2006 (plant protection products, biocides, etc.), with the exception of medicines.

The lists of substances with proven and presumed (1) or suspected (2) endocrine disrupting properties and the list of products presenting a particular risk of exposure (3) will be set by joint order of the ministers in charge of health and the environment, on the proposal of the ANSES. As a reminder, ANSES is strongly involved in the national strategy on endocrine disruptors, particularly in the identification of priority substances to be included in its assessment programme (see April 2021 note "Accelerating the assessment of endocrine disruptors").

Finally, the terms relating to the content and conditions of presentation of information allowing the presence of such substances in these products to be identified will also be specified by joint order of the ministers responsible for health and the environment. However, the decree of 23 August 2021 already establishes the deadlines for making the information available to the public: for each product, the information will have to be provided no later than 6 months after the publication of the order including it on the list.

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