1. California Supply Chain Transparency Act
The Supply Chain Transparency Act, enacted in California in September 2010, mandates that retailers and manufacturers in the state with annual global revenue exceeding $100 million must disclose supply chain information. Effective January 1, 2012, the act aims to eliminate slavery and human trafficking within the product supply chain. Retailers and manufacturers must provide prominent and easily accessible links on their company websites to access this information. Retailers and manufacturers must also disclose the implementation status of the following measures:
Verify the product supply chain to assess and address the risks of human trafficking and slavery (if the verification is not conducted by an independent collaborator, this must be stated in the disclosure).
. 對供應商進行審計，以評估供應商是否符合企業就供應鏈內人口販賣及奴役所訂的標準(If the verification work was not conducted by an independent contractor without prior public announcement, the company must state this in the disclosure.)
Require direct suppliers to prove that the materials used in their products comply with the laws against slavery and human trafficking in the countries where they operate;
Implement internal accountability guidelines and procedures to investigate and prosecute employees or contractors who fail to comply with corporate slavery and human trafficking standards;
Provide training to employees and managers directly responsible for supply chain management on preventing human trafficking and slavery, particularly on reducing related risks in the supply chain.
Companies without a website must issue a written disclosure statement within 30 days of receiving a disclosure request from anyone. The California Attorney General will issue orders to businesses that fail to comply.
The California Supply Chain Transparency Act of 2010 only requires companies to disclose the extent to which they are addressing supply chain risks (if they are doing so), without imposing additional requirements such as specific policies, procedures, or prohibitions. Companies can simply issue a statement indicating that they are not conducting such work to meet the legal requirements. Naturally, this approach quickly draws criticism from the media, consumers, and investors. Therefore, many companies have expanded their existing corporate social responsibility programs to address supply chain risks and meet the legal requirements by January 1, 2012.
2. California restricts cadmium content in children's jewelry.
Effective January 1, 2012, California will ban the manufacture, sale, and distribution of children's jewelry containing cadmium levels exceeding trace amounts. The ban covers children's jewelry with a cadmium content exceeding 0.03% by weight, but excludes toys regulated under the cadmium limits of the Consumer Product Safety Improvement Act of 2008. Manufacturers and suppliers must provide certificates proving that the cadmium or lead content of the jewelry complies with the law. This proof can be a certificate document or displayed on the display case and jewelry packaging. Violations can result in a maximum daily penalty of $2,500 per charge.
At least 27 major jewelry retailers and suppliers have signed a legally binding agreement with the Center for Environmental Health, a consumer watchdog group, restricting the sale of children's jewelry containing cadmium in California. The agreement, effective December 31, 2011, stipulates that businesses cannot sell, distribute, or authorize any consumer (including liquidators) to sell children's jewelry in California with a cadmium concentration exceeding 300 parts per million (ppm).
3. Maryland bans BPA-containing baby bottles
Maryland has banned the production, sale, and distribution of baby care products containing bisphenol A (BPA) since January 1, 2012, including empty bottles or cups designed for children under 4 years of age for holding food or liquids. Additionally, since July 1, 2014, the production and sale of infant formula in containers containing more than 0.5 parts per billion by weight of BPA has been prohibited, and the state also prohibits the purchase of such infant formula. Manufacturers must use safe and legal materials to replace BPA, but may not use the following chemicals: (1) substances classified as Group A, B, or C carcinogens by the U.S. Environmental Protection Agency (EPA), or (2) reproductive toxins identified by the EPA as causing birth defects, impairing fertility, or harming development.
4. Maine and Illinois prohibit wheel weights containing lead or mercury.
Maine passed legislation on May 12, 2009, banning the sale of new vehicles equipped with leaded or mercury wheel balancers or similar products, effective January 1, 2012, where the lead or mercury is intentionally added during the manufacturing process. Furthermore, since January 1, 2011, the law has also prohibited the use of leaded or mercury wheel balancers when changing tires. Illinois banned the use of leaded or mercury wheel balancers and prohibited the sale of new vehicles equipped with them, effective January 1, 2012. However, used vehicles equipped with such wheel balancers before January 1, 2012, could continue to be sold within the state.
6. California bans certain types of lighting fixtures containing hazardous substances.
Effective January 1, 2012, California banned the sale or manufacture of high-intensity discharge lamps and energy-saving lamps longer than 9 inches, as these lamps contained hazardous substances exceeding the levels set by the European Union's Restriction of Hazardous Substances Directive (Directive 2002/95/EC). These substances included lead, mercury, hexavalent chromium, polybrominated biphenyls (PBBs), polybrominated diphenyl ethers (not exceeding 0.1% by weight), and cadmium (not exceeding 0.01% by weight).
7. Additional restrictions on mercury-containing products
Starting January 1, 2012, several U.S. states implemented additional measures to restrict the sale of mercury-containing products. These restrictions included:
New York City will ban the sale, distribution, and sale of mercury-containing sphygmomanometers, mercury-containing reed relays, mercury-containing flame sensors, mercury-containing thermometers, or mercury-containing thermostats (except for users who are blind or visually impaired). The ban does not apply to products regulated by federal regulations, or any lead-containing consumer products sold or distributed before January 1, 2012, as replacements for larger products, or resold before that date.
Maine banned certain types of mercury-containing batteries, and in early 2011, the ban was extended from July 1, 2011 to January 1, 2012. These batteries include: (1) zinc-oxygen button batteries; (2) alkali-manganese button batteries; and (3) silver oxide button batteries with designations 357, 364, 371, 377, 395, SR44W, SR621SW, SR626SW, SR920SW, or SR927SW, or silver oxide button batteries that are interchangeable with any of the above designations.
Source: World Trade Organization (January 11, 2012)
