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HSE Proposes to Include Substances in UK REACH Substance Evaluation Rolling Action Plan

The Health and Safety Executive (HSE) has proposed to include three substances in the rolling action plan (RAP) for 2023 to 2025. HSE states that it has “sought to complement rather than replicate evaluation work that has been or will be performed by other regulatory regimes” (such as via the European Union’s (EU) Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation). According to HSE, its intention is to increase its overall understanding of the hazard and risk profile of the priority substances and their relevance to Great Britain (GB). HSE selects substances for inclusion in the RAP based on the hazard profile of substances and their exposure potential, including the quantities that are supplied. HSE will consider information from a number of sources to identify priorities:

  • The GB specific data within the United Kingdom’s (UK) database (Comply with UK REACH-IT);

  • UK REACH processes (such as dossier evaluation), which will also develop with the embedding of the UK REACH system past the first year of operation; and

  • Other intelligence, such as horizon scanning of other regimes, both domestic (like the GB Classification, Labelling and Packaging (CLP) Regulation) and international (such as EU REACH and other regulatory systems from other countries).

HSE will evaluate substances where it identifies a potential concern. The evaluation will determine if a conclusion on the concern can be drawn from the available data. If a conclusion cannot be drawn, HSE can, as the agency for UK REACH, require registrants to provide additional information to clarify the concern. HSE states that in such cases, if they arise, it will set deadlines by which information shall be provided.

The RAP briefly describes the initial grounds for concern and provides further detail in the specific justification document for each substance. HSE notes that the indication of the initial grounds for concern does not limit the scope of the evaluation and states that it may address other areas of concern identified during an assessment.

HSE identified one substance for evaluation in 2023. In 2024/25, HSE will focus on per- and polyfluoroalkyl substances (PFAS) and consider recommendations from broader scoping activities, regulatory management options analyses (RMOA), and the Environment Agency’s updated report on flame retardants when published.



Initial Grounds for Concern



Environment: Suspected PMT (a substance with characteristics of persistence, mobility, and toxicity (PMT) in the environment)   Exposure: Widespread detection in environmental monitoring


PFAS, subject to further assessment

Recommendation from the UK REACH RMOA for PFAS   View the PFAS RMOA Annexes


To be agreed (by May 31, 2025)



©2023 Bergeson & Campbell, P.C.National Law Review, Volume XIII, Number 157

About this Author

Lynn Bergeson, Campbell PC, Toxic Substances Control Act Attorney, federal insecticide lawyer, industrial biotechnology legal counsel, Food Drug Administration law
Managing Partner

Lynn L. Bergeson has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), European Union Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and especially how these regulatory programs pertain to nanotechnology, industrial biotechnology, synthetic biology, and other emerging transformative technologies. Her knowledge of and involvement in the policy process allows her to develop client-focused strategies whether...

Carla Hutto, Bergeson Campbell PC environmental law regulatory analyst,Toxic Substances Control Act law attorney
Regulatory Analyst

Since 1996, Carla Hutton has monitored, researched, and written about regulatory and legislative issues that may potentially affect Bergeson & Campbell, P.C. (B&C®) clients. She is responsible for creating a number of monthly and quarterly regulatory updates for B&C's clients, as well as other documents, such as chemical-specific global assessments of regulatory developments and trends. She authors memoranda for B&C clients on regulatory and legislative developments, providing information that is focused, timely and applicable to...