JAPAN - 156 Long-chain Perfluoroalkanoic acid (LC-PFCA) Related Substances, to be Regulated as Class I Specified Chemical Substances
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Background
At the twelfth meeting of the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants (SC COP-12), held from 28 April to 9 May 2025, Parties adopted amendments to Annex A of the Convention to list three additional persistent organic pollutants (POPs): the pesticide chlorpyrifos and two groups of industrial chemicals, namely long-chain perfluorocarboxylic acids (LC-PFCAs) and related substances, and medium-chain chlorinated paraffins (MCCPs).
Following this decision, the Ministry of Health, Labour and Welfare (MHLW), the Ministry of Economy, Trade and Industry (METI), and the Ministry of the Environment (MOEJ) jointly reviewed the regulatory implications under Japan's Act on the Examination and Regulation of Manufacture, etc. of Chemical Substances (Act No. 117 of 1973), commonly referred to as the Chemical Substances Control Act (CSCA). At the joint meeting of the three ministries held on 20 June 2025, and taking into consideration the illustrative list developed by the Persistent Organic Pollutants Review Committee (POPRC), it was concluded that LC-PFCA-related substances should be designated as Class I Specified Chemical Substances (Class I SCS).
Based on this conclusion, a Cabinet Order (see related article) was promulgated on 22 May 2026 designating LC-PFCAs and related substances as Class I Specified Chemical Substances under the CSCA. The Cabinet Order further provides that the specific substances subject to regulation will be identified through ordinances jointly issued by MHLW, METI, and MOEJ (the Three-Ministry Ordinances).
Draft Substances Proposed for Designation under the Three-Ministry Ordinances
The Three-Ministry Ordinances propose to designate, from among the substances included in the illustrative list adopted by the POPRC, those substances that satisfy the following criteria for LC-PFCA-related substances:
Compounds containing a perfluorinated alkyl group with a carbon chain length of 8 ≤ n ≤ 20 that is directly bonded to any chemical moiety other than a fluorine, chlorine, or bromine atom.
Accordingly, the three ministries have proposed to specify, through the draft Three-Ministry Ordinances, the 156 substances identified in the POPRC illustrative list that meet the above definition and are considered appropriate for designation as Class I Specified Chemical Substances under the CSCA.
Proposed enforcement Date
The draft has proposed for this Three-Ministry Ordinances to enter into force on
22 November 2026
Commenting Period
The draft is open for comment until 30 June 2026 via Japan's e-gov website
Regulatory Impact
The proposed designation of 156 long-chain perfluorocarboxylic acid (LC-PFCA) related substances as Class I Specified Chemical Substances (Class I SCS) under Japan's Chemical Substances Control Act (CSCA) represents another significant step in Japan's implementation of the Stockholm Convention and its broader strategy to eliminate persistent organic pollutants (POPs) from the market.
Alignment with International POPs Obligations
The proposal directly implements the decision adopted at SC COP-12 to list LC-PFCAs and related substances in Annex A of the Stockholm Convention. By adopting the POPRC illustrative list as the basis for regulatory identification, Japan is signaling its intention to take a comprehensive approach that captures not only the parent substances but also a broad range of related compounds that may degrade into, or contribute to, LC-PFCA contamination.
Restrictions of Class I SCS Designation
Under the CSCA, Class I Specified Chemical Substances are subject to Japan's most stringent chemical control measures. Once the designation enters into force:
Manufacture and import of the designated substances will generally be prohibited.
Use of the substances will be prohibited except for specifically authorized exempted uses.
Import of products containing designated substances may be restricted where specified by Cabinet Order.
Authorities may order recalls or corrective actions for non-compliant products.
Companies may face additional obligations relating to inventory management, supply chain communication, and product stewardship.
Penalties for Non-Compliance
Individuals
Imprisonment for up to three years;
A fine of up to JPY 1 million (approximately USD 6,300); or
Both imprisonment and a fine.
Corporations
A fine of up to JPY 100 million (approximately USD 627,000) under the corporate liability provisions.
These penalties may apply to violations involving the manufacture, import, use, or importation of prohibited products containing Class I Specified Chemical Substances.
Supply Chain Implications
Many sectors have historically relied on fluorinated chemistries for durability, heat resistance, oil repellency, and surface treatment applications.
Given the broad scope of the proposed designation, companies should expect increased requests from customers and regulators for detailed PFAS disclosures, substance declarations, and evidence of compliance.
Increased Compliance Burden
The inclusion of 156 specifically identified substances highlights the growing complexity of PFAS compliance in global supply chains.
Companies supplying products to Japan should begin:
Reviewing product formulations and raw material inventories.
Screening substances against the draft list of 156 LC-PFCA-related substances.
Engaging suppliers to obtain updated PFAS declarations.
Assessing whether fluorinated substances used in products or manufacturing processes meet the proposed structural criteria.
Identifying potential alternatives where regulated substances remain in use.
Particular attention should be paid to imported articles, as future product-level restrictions may expand following the designation.
Strategic Significance
From a broader regulatory perspective, this proposal reinforces a global shift toward group-based PFAS regulation. Rather than regulating individual PFAS compounds one by one, regulators are increasingly targeting entire chemical classes based on shared structural characteristics and environmental persistence.
For companies operating globally, Japan's proposal is another indication that PFAS compliance strategies should move beyond managing individual substances and toward comprehensive PFAS inventory management programs.
Key Takeaway
Although the proposal formally targets 156 LC-PFCA-related substances, its broader significance lies in Japan's continued adoption of class-based PFAS regulation. Organizations should use the six-month transition period before the proposed implementation date of 22 November 2026 to evaluate product portfolios, engage suppliers, identify potential compliance risks, and develop substitution strategies where necessary. Failure to do so could result in market access restrictions, supply chain disruptions, and increased regulatory scrutiny in Japan.
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