Dear Valued Johnson Outdoors Inc. Supplier:
The GoodBye Chain Group (GCG) is authorized by Johnson Outdoors Inc. (JOI) to provide education, outreach, and training to its suppliers regarding international and domestic environmental legislation that may affect JOI’s ability to sell products in the US and abroad.
This letter is to inform you of recent, pending, or possible changes in existing and/or emerging product legislation that may impact the necessary disclosure of materials and substances in the parts that you supply to JOI. This letter also serves as a reminder regarding the adherence to JOI’s Supplier Statement of Basic Standards and obligations to fulfill legislative requirements.
GCG is a dedicated resource to support certain supplier product environmental obligations to JOI including: EU RoHS, EU REACH, EU SCIP, US Conflict Minerals, US TSCA, California Proposition 65, California Supply Chains in Transparency Act. If you have questions or would like more information regarding these laws, updates, or how these rules may affect your products, GCG is happy to provide training via web-based or telephone conference.
Legislative Updates and Reminders for JOI Suppliers:
EU RoHS Compliance:
EU RoHS Substances: EU RoHS currently restricts the following six substance groups: lead, cadmium, mercury, hexavalent chromium, polybrominated biphenyls (PBBs), and polybrominated diphenyl ethers (PBDEs), as well as four individual phthalate substances: Bis (2-ethylhexyl) phthalate (DEHP) with CAS # 117-81-7, Butyl benzyl phthalate (BBP) with CAS # 85-68-7, Dibutyl phthalate (DBP) with CAS # 84-74-2, Diisobutyl phthalate (DIBP) with CAS # 84-69-5.
All substances are restricted at a maximum concentration value of 1,000 ppm in homogeneous material (0.1% weight by weight of homogeneous material) except cadmium which is restricted at 100 ppm (.01% weight by weight).
Current RoHS substance exemptions apply only to the six substance groups. Notification of applicable valid RoHS exemptions is required for compliance.
Note that the four phthalates are commonly found in materials including, but not limited to: soft PVC cable material, vinyl, labels, synthetic rubber, epoxies, sealants, adhesives, polymers, polymer resistors, cables, wiring, modeling clay, gaskets, rubber feet, other soft or pliable rubber parts/plastics, flexible materials, neoprene and nitrile rubber, PVA adhesives, nitrocellulose lacquers, printing inks, sealants and coatings.
Declarations that state compliance with EU RoHS Directive 2011/65/EU intrinsically declare compliance with all RoHS restricted substances unless otherwise specified.
For parts with declared full material and substance disclosure (FMD), please note that the CAS numbers for the four phthalates are often buried in polymers, epoxies and PVC CAS numbers, therefore any CAS numbers for these materials will need to be expanded to the specific substances in these materials, or a written declaration will need to be supplemented in addition to the FMD.
Elimination of these phthalate substances is encouraged, as they can migrate to adjoining plastics therefore making other parts non-compliant. Recommendations also include communication with raw material manufacturers to confirm the presence of these substances and ppm levels, and testing of high-risk materials that may contain these substances.
EU REACH Compliance:
EU REACH Definition of an Article: The definition of an Article under EU REACH Regulation (EC) No 1907/2006 includes constituent articles (articles within other articles or sub-articles/components). This concept, “Once an Article Always an Article” or OA5), mandates that REACH article evaluation and reporting be performed at all article and constituent article levels. Under EU REACH, any article and constituent article that contains any SVHC over the .1% Maximum Concentration Value (MCV) may trigger REACH Communication requirements.
Declarations of compliance with EU REACH intrinsically declare compliance for all articles and constituent articles. If the presence of any SVHC does exceed the .1% of any article or constituent article weight threshold, then suppliers are required to proactively and immediately communicate the presence of the SVHC to GCG or JOI, including the name of the substance, location, and any safe use provisions that may apply.
Rules of thumb for identifying constituent articles include:
- They can be physically disassembled or separated until they can no longer be physically disassembled or separated without being destroyed.
- They have a function on their own.
- They already exist as an article before production in any other article.
EU REACH SVHC List Update: The most recent EU REACH SVHC list was updated in July 2021. The current SVHC list contains 219 listings and 435 substances. A complete list of SVHCs may be found on the ECHA website at: https://echa.europa.eu/candidate-list-table . The next update is expected in January 2022.
Common SVHCs over Maximum Concentration Value in articles:
Depending on the types of products (articles) that vendors supply to JOI, there may be common SVHCs over Maximum Concentration Value (MCV limits) including but not limited to the following:
- Lead Substances common in alloys (brass, aluminum, steel) and lead solders
- Phthalates listed above in RoHS section
- Plasticizers including Octamethylcyclotetrasiloxane(D4), Decamethylcyclopentasiloxane(D5), Dodecamethylcyclohexasiloxane (D6), Diazene-1,2-dicarboxamide common in foamed plastics, silicone polymers, o-rings, gaskets, seals, heat shrink tubing, plastic films, etc.
Note this is not an exhaustive list of SVHCs that may be present in articles. Because many articles may contain these SVHCs, please confirm with the sources of your parts/articles that they do not contain these SVHCs (or any other SVHCs) over the .1% MCV for each article and constituent article weight. If they do, then indicate so in the declaration you provide to JOI.
SCIP Database Update:
The EU SCIP Database stands for Substances of Concern In articles, as such or in complex objects (Products) and is part of the Amended EU Waste Framework Directive (WFD), (EU) 2018/851. More information regarding the SCIP Database may be found here: https://echa.europa.eu/scip-Database.
The SCIP requirements include identifying all parts that include REACH Substances of Very High Concern (SVHCs) over .1% of article and constituent article weight. Reporting to the SCIP Database was required as of January 5, 2021 and mandates that constituent parts with SVHCs over their article weight be reported to the database. This means that any SVHC over .1% of the article and constituent article weight must be disclosed to JOI so it may be reported to the SCIP Database. Note that the same declaration may be used for EU RoHS, EU REACH, EU SCIP and US TSCA.
US TSCA 5 Restricted Substances Update:
In January 2021 the US EPA issued final rules restricting five substances under The Toxic Substances Control Act (TSCA) Section 6(h). More information regarding the five TSCA restrictions, including the Final Rules for each substance, maybe found at: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/persistent-bioaccumulative-and-toxic-pbt-chemicals-under.
Each of the following five TSCA restricted substances has a specific restricted date and maximum concentration value: Decabromodiphenyl Ether (DecaBDE) with CAS #1163-19-5; Phenol, isopropylated, phosphate (3:1) ((PIP (3:1)) with CAS #68937-41-7; 2,4,6-tris(tert-butyl) phenol (2,4,6-TTBP) with CAS # 732-26-3, Hexachlorobutadiene (HCBD) with CAS #87‐68‐3; Pentachlorothiophenol (PCTP) with CAS #133-49-3.
California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65/Prop 65):
California Proposition 65 requires product labeling under certain circumstances. JOI reminds all suppliers to notify GCG or JOI of any Prop 65 substance that may be present in products sold to JOI that may be over the Safe Harbor Limits (or substances that do not have a Safe Harbor Limit) as outlined by the law, and notify GCG or JOI of the name of the substance. It is the supplier’s responsibility to keep up to date with the changes in the Prop 65 list and notify GCG or JOI accordingly regarding Prop 65 substances.
California Supply Chains in Transparency Act:
On January 1st, 2013, the California Supply Chains in Transparency Act went into force, affecting companies that do business in California. As an obliged company under this Act, JOI reminds all of its suppliers that it expects businesses in its supply chain to share the same commitment in compliance with this Act.
JOI Supplier Statement of Basic Standards:
JOI maintains a Supplier Statement of Basic Standards to which adherence is a requirement of all JOI suppliers. This Statement is a dynamic statement and may be changed periodically by JOI to include changes to existing and emerging legislation. Compliance with this Statement constitutes compliance with the legislation including but not limited to legislation reviewed in this letter. The Statement may be found at the following URL: https://www.johnsonoutdoors.com/legal.
Thank you and best regards,
The GoodBye Chain Group
Data Collection Support Team
DC Support Team, The GoodBye Chain Group
Colorado Springs, CO
Phone: 888.422.4246 x 800
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