SOUTH AFRICA'S NEW PLAN TO BAN 'FOREVER CHEMICALS'
DRAFT REGULATIONS OUT FOR PUBLIC COMMENT
Have you ever marvelled at how easily a non-stick pan cleans up, or how a spill beads up and rolls right off a stain-resistant carpet? These modern conveniences often rely on a dark secret: a class of substances known as “Persistent Organic Pollutants” (POPs), or more grimly, ‘forever chemicals’.
For decades, environmental scientists have warned about the bio-accumulative nature of these compounds. These chemicals are designed to last, which is precisely what makes them so dangerous.
The proposed regulation marks the moment that policy has finally caught up with the science.
The South African Department of Forestry, Fisheries and the Environment has recently proposed new regulations to strictly manage persistent organic pollutants (POPs).
High-risk substances like Dechlorane Plus and UV-328 are targeted for total removal from the market by the end of 2035.
To ensure compliance, businesses must notify the government of their chemical use and submit detailed phase-out plans that track annual reduction targets.
Failure to adhere to these environmental protections can result in severe legal penalties, including multi-million rand fines or imprisonment.
Consolidation of Laws
The proposed regulations will repeal and merge two existing legal instruments:
The Regulations to Prohibit the Production, Distribution, Import, Export, Sale and Use of Persistent Organic Pollutants, 2021 (Government Notice R.414).
The Regulations to Phase-out the Use, Production, Distribution, Sale, Import and Export of Persistent Organic Pollutants, 2019 (Government Notice R.1150).
Substances for Immediate Prohibition
Under Regulation 3, no person may produce, distribute, import, export, sell, or use any of the listed substances, including their formulations and products.
Substances for Phased Elimination
Regulation 5 mandates the phase-out of the production, distribution, import, export, sale, and use of the following three substances by December 31, 2035:
Dechlorane Plus
Flame retardant in adhesives, sealants, and polymers for motor vehicles, aerospace, defense, electronics, industrial machines, and medical devices.
UV-328
Ultraviolet filter in plastics, automotive coatings, industrial coatings, photographic paper, and liquid crystal displays for medical and industrial instruments.
Perfluorohexane sulfonic acid (PFHxS)
Fire-fighting foams (especially at airports and training areas), non-stick cookware, grease-resistant food packaging, water/stain-protective coatings for textiles, and industrial surfactants.
Exemptions
The phase-out requirements under Regulation 5 do not apply in two specific cases:
A substance used for laboratory-scale research or as a reference standard.
A substance that occurs as an unintentional trace contaminant in other substances, preparations, or articles.
Offences and Penalties
A person commits an offence if they contravene the core regulations or furnish false or misleading information.
The penalties for a conviction are :
• First Offence: A minimum fine of 5 million Rands or 5 years imprisonment.
• Second or Subsequent Offence: A maximum fine of 10 million Rands or 10 years imprisonment, or both a fine and imprisonment.
Submission of Comments
Written representations or objections must be submitted by Wednesday, February 4, 2026 at 12h00 to:
The Director General,
Attention: Ms Margaret Molefe,
The Department of Forestry, Fisheries and the Environment,
Email: mmolefe@dffe.gov.za.
Download the Draft Regulations
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