The UK will be powerless to prevent potentially dangerous chemicals being used in everyday goods because Boris Johnson is pursuing an ultra-hard Brexit, campaigners are warning.
The country will become “a dumping ground” for products linked to cancer, thyroid disease, hormone disruption and developmental problems because the prime minister insists on pulling out of the EU’s successful watchdog, they say.
It means the UK must start from scratch in vetting hazardous chemicals itself – but with far less money and staff, in a process expected to take many years.
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In the interim, manufacturers will be able to successfully challenge attempts to exclude chemicals banned in the EU – in everything from food and drink packaging and paints to furniture, carpets, clothing and even toys, the groups fear.
“If we don’t have access to the safety data then the government could be challenged in the courts over decisions and it could lose,” warned Libby Peake, of the Green Alliance think tank.
And Dr Michael Warhurst, executive director of Chem Trust campaigning charity, said: “We risk spending most of our time trying to instal a database with no data on it – and not having time to develop any new controls.”
The controversy has blown up after Mr Johnson ditched Theresa May’s plan for “associate membership” of EU agencies, including the European Chemicals Agency (ECHA) and its database known as Reach.
It would involve following all decisions on chemicals in Reach, without a vote, and oversight by the European Court of Justice (ECJ) – which are both red lines to a prime minister pledging “no alignment”.
In its aims for an EU trade deal, the UK is now arguing for “separate regulatory requirements” – which would rule out access to the database or the exchange of confidential business information.
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A message projected onto the White Cliffs of Dover
Sky News/AFP via Getty
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Big Ben, shows the hands at eleven o’clock at night
AFP via Getty Images
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Nigel Farage speaks to pro-Brexit supporters
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Pro-Brexit demonstrators celebrate on Parliament Square
REUTERS
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The Union flag is taken down outside the European Parliament in Brussels
PA
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Pro-EU campaigners outside the Scottish Parliament, Edinburgh
PA
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A pro-Brexit supporter jumps on an EU flag in Parliament Square
PA
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EU Council staff removed the Union Jack-British flag from the European Council in Brussels, Belgium
EPA
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A pro-Brexit supporter pours beer onto an EU flag
PA
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Pedestrians pass in front of the Ministry of Defence Building on Whitehall, illuminated by red, white and blue lights in central London
AFP via Getty Images
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A Brexit supporter shouts during a rally in London
AP
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Pro-EU campaigners outside the Scottish Parliament, Edinburgh
PA
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Pro-EU campaigners take part in a ‘Missing EU Already’ rally outside the Scottish Parliament, Edinburgh
PA
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A large pro-EU banner is projected onto Ramsgate cliff in Kent
PA
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Pro-EU supporters light candles in Smith Square in Westminster
PA
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A man waves Union flags from a small car as he drives past Brexit supporters gathering in Parliament Square
AFP via Getty Images
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The five-year old Elisa Saemann, left, and her seven-year old sister Katie hold a placard during a rally by anti-Brexit protesters outside the Scottish parliament in Edinburgh
AP
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Pro Europe supporters gather on Brexit day near the British embassy in Berlin, Germany
EPA
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Anti-Brexit protester hugs a man while holding a placard
REUTERS
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A decorated, old fashioned fire pump in Parliament Square
PA
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Pro Brexit Elvis impersonator performs at Parliament Square
Getty Images
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An anti-Brexiteers stands with his dog in Parliament Square
AFP via Getty Images
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Paddy from Bournemouth wears Union colours as he sits next to an EU flag decorated bag in Parliament Square
AFP via Getty Images
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A pro-EU activist plays a guitar decorated with the EU flag during a protest organised by civil rights group New Europeans outside Europe House, central London
AFP via Getty Images
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People celebrate Britain leaving the EU
REUTERS
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A Pro Brexit supporter has a Union Jack painted onto his face at Parliament Square
Getty Images
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Men hold placards celebrating Britain leaving the EU
REUTERS
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Pro Brexit supporters dance in the street draped with Union Jack flags at Parliament Square
Getty Images
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An anti-Brexit demonstrator spreads his wings during a gathering near Downing Street
AP
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Pro EU supporters display a banner ‘ Here to Stay, Here to Fight, Migrants In, Tories Out’ from Westminster bridge
EPA
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Pro-Brexit supporters burn European Union flags at Parliament Square
Getty
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A man poses for a picture on Parliament Square in a ‘Brexit Day’ t-shirt
Reuters
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People celebrate Britain leaving the EU
Reuters
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AFP via Getty
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A man wears a pro-Brexit t-shirt
Reuters
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Anti-Brexit demonstrators visit Europe House to give flowers to the staff on Brexit day
Reuters
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Pro Brexit supporter wears a novelty Union Jack top hat outside the Houses of Parliament
Getty Images
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Customers Scott Jones and Laura Jones at the Sawmill Bar in South Elmsall, Yorkshire, where a Brexit party is being held throughout the day
PA
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AP
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Pro-EU activists protest
Getty Images
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A pro-Brexit demonstrator burns a European Union flag
AP
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Pro Brexit supporters
Getty Images
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Pro Brexit supporters
Getty Images
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A Brexit supports holds a sign in Parliament Square
AP
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A man carries an EU themed wreath
Reuters
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Ann Widdecombe reacts with other members of the Brexit party as they leave en masse from the European Parliament
PA
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Anti-Brexit demonstrators in Parliament Square
PA
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Pro EU supporters let off flares from Westminster Bridge
Getty
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British MEPs Jonathan Bullock, holding the Union Jack flag and Jake Pugh leave the European Parliament, in Brussels on the Brexit day
AFP via Getty
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Newspapers and other souvenirs at a store, near Parliament Square
Reuters
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Brexit supporters hold signs in Parliament Square
AP
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Pro-EU protesters hold placards in Parliament Square
AFP via Getty
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French newspapers
PA
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Sinn Fein leader Mary Lou McDonald with a Border Communities Against Brexit poster before its unveiling in Carrickcarnon on the Irish border
PA
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National growers organisation British Apples & Pears has renamed a British apple to EOS, the Greek goddess of dawn, to commemorate Brexit day
AP
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Pro-EU protesters hold placards in Parliament Square
AFP via Getty
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Britain’s departure from the European Union was set in law on January 29, amid emotional scenes, as the bloc’s parliament voted to ratify the divorce papers. After half a century of membership and three years of tense withdrawal talks, the UK will leave the EU at midnight Brussels time (23.00 GMT) on January 31
Reuters
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A man poses with paintings on Parliament Square
Reuters
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People sporting Union Flags gather in Parliament Square
Getty
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A man walks with a St. George’s flag at Westminster bridge on Brexit day
Reuters
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A British bulldog toy and other souvenirs at a souvenir store
Reuters
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British pro-brexit Members of the European Parliament leave the EU Parliament for the last time
Reuters
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Jonathan Bullock waves the Union Jack as he leaves the European Parliament
EPA
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A message projected onto the White Cliffs of Dover
Sky News/AFP via Getty
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Getty
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Big Ben, shows the hands at eleven o’clock at night
AFP via Getty Images
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Nigel Farage speaks to pro-Brexit supporters
PA
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Pro-Brexit demonstrators celebrate on Parliament Square
REUTERS
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The Union flag is taken down outside the European Parliament in Brussels
PA
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Pro-EU campaigners outside the Scottish Parliament, Edinburgh
PA
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A pro-Brexit supporter jumps on an EU flag in Parliament Square
PA
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EU Council staff removed the Union Jack-British flag from the European Council in Brussels, Belgium
EPA
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A pro-Brexit supporter pours beer onto an EU flag
PA
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Pedestrians pass in front of the Ministry of Defence Building on Whitehall, illuminated by red, white and blue lights in central London
AFP via Getty Images
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A Brexit supporter shouts during a rally in London
AP
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Pro-EU campaigners outside the Scottish Parliament, Edinburgh
PA
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Pro-EU campaigners take part in a ‘Missing EU Already’ rally outside the Scottish Parliament, Edinburgh
PA
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A large pro-EU banner is projected onto Ramsgate cliff in Kent
PA
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Pro-EU supporters light candles in Smith Square in Westminster
PA
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A man waves Union flags from a small car as he drives past Brexit supporters gathering in Parliament Square
AFP via Getty Images
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The five-year old Elisa Saemann, left, and her seven-year old sister Katie hold a placard during a rally by anti-Brexit protesters outside the Scottish parliament in Edinburgh
AP
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Pro Europe supporters gather on Brexit day near the British embassy in Berlin, Germany
EPA
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Anti-Brexit protester hugs a man while holding a placard
REUTERS
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A decorated, old fashioned fire pump in Parliament Square
PA
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Pro Brexit Elvis impersonator performs at Parliament Square
Getty Images
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An anti-Brexiteers stands with his dog in Parliament Square
AFP via Getty Images
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Paddy from Bournemouth wears Union colours as he sits next to an EU flag decorated bag in Parliament Square
AFP via Getty Images
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A pro-EU activist plays a guitar decorated with the EU flag during a protest organised by civil rights group New Europeans outside Europe House, central London
AFP via Getty Images
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People celebrate Britain leaving the EU
REUTERS
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A Pro Brexit supporter has a Union Jack painted onto his face at Parliament Square
Getty Images
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Men hold placards celebrating Britain leaving the EU
REUTERS
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Pro Brexit supporters dance in the street draped with Union Jack flags at Parliament Square
Getty Images
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An anti-Brexit demonstrator spreads his wings during a gathering near Downing Street
AP
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Pro EU supporters display a banner ‘ Here to Stay, Here to Fight, Migrants In, Tories Out’ from Westminster bridge
EPA
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Pro-Brexit supporters burn European Union flags at Parliament Square
Getty
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A man poses for a picture on Parliament Square in a ‘Brexit Day’ t-shirt
Reuters
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People celebrate Britain leaving the EU
Reuters
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AFP via Getty
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A man wears a pro-Brexit t-shirt
Reuters
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Anti-Brexit demonstrators visit Europe House to give flowers to the staff on Brexit day
Reuters
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Pro Brexit supporter wears a novelty Union Jack top hat outside the Houses of Parliament
Getty Images
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Customers Scott Jones and Laura Jones at the Sawmill Bar in South Elmsall, Yorkshire, where a Brexit party is being held throughout the day
PA
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AP
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Getty
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Pro-EU activists protest
Getty Images
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A pro-Brexit demonstrator burns a European Union flag
AP
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Pro Brexit supporters
Getty Images
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Pro Brexit supporters
Getty Images
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A Brexit supports holds a sign in Parliament Square
AP
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A man carries an EU themed wreath
Reuters
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Ann Widdecombe reacts with other members of the Brexit party as they leave en masse from the European Parliament
PA
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Anti-Brexit demonstrators in Parliament Square
PA
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Pro EU supporters let off flares from Westminster Bridge
Getty
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British MEPs Jonathan Bullock, holding the Union Jack flag and Jake Pugh leave the European Parliament, in Brussels on the Brexit day
AFP via Getty
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Newspapers and other souvenirs at a store, near Parliament Square
Reuters
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Brexit supporters hold signs in Parliament Square
AP
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Pro-EU protesters hold placards in Parliament Square
AFP via Getty
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French newspapers
PA
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Sinn Fein leader Mary Lou McDonald with a Border Communities Against Brexit poster before its unveiling in Carrickcarnon on the Irish border
PA
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National growers organisation British Apples & Pears has renamed a British apple to EOS, the Greek goddess of dawn, to commemorate Brexit day
AP
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Pro-EU protesters hold placards in Parliament Square
AFP via Getty
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Britain’s departure from the European Union was set in law on January 29, amid emotional scenes, as the bloc’s parliament voted to ratify the divorce papers. After half a century of membership and three years of tense withdrawal talks, the UK will leave the EU at midnight Brussels time (23.00 GMT) on January 31
Reuters
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A man poses with paintings on Parliament Square
Reuters
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People sporting Union Flags gather in Parliament Square
Getty
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A man walks with a St. George’s flag at Westminster bridge on Brexit day
Reuters
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A British bulldog toy and other souvenirs at a souvenir store
Reuters
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British pro-brexit Members of the European Parliament leave the EU Parliament for the last time
Reuters
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Jonathan Bullock waves the Union Jack as he leaves the European Parliament
EPA
Michael Gove, the minister overseeing the talks, laid bare the government’s stance in recent evidence to MPs, saying: “One of the problems with Reach is that it involves European Court of Justice jurisdiction.”
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Defending the decision to leave, he said: “It’s recognising that we have voted to be a sovereign nation – and part of being a sovereign nation means we cannot have courts and institutions which are not accountable to the British people, imposing on the British people laws for which they did not vote, policed in a way to which they do not consent.”
But Chem Trust has branded the decision “a risk to public health and the environment”, highlighting the types of chemicals the EU has banned – or is seeking to ban – including:
* Bisphenols – known to disrupt the body’s hormone system, some are banned from use in babies’ bottles and infant cups and, soon, from thermal paper till receipts. However, firms are starting to use other bisphenols “that raise similar concerns about toxicity”, the group says.
* Per- and polyfluoroalkyl substances (PFAS) – used in non-stick pans, waterproof fabrics, food packaging and cosmetics, they have been linked to cancers, thyroid disease, obesity and reproductive problems, but only two of 4,000 chemicals in the group have been banned so far.
* Phthalates – added to plastics to increase durability, they are found in furnishings, flooring, clothing, paint and some toys. With pregnant women and children most vulnerable – exposure in the womb has been linked to poor reproductive organ development in boys, early onset of female puberty, and delayed language development – they are partly restricted in the EU.
* Flame retardants – added to sofas, mattresses, electronic products, carpeting, building materials and car seats to hinder the spread of fires, they build up in homes and the environment and some are known to be cancer causing. Many are banned, but – again – similar chemicals are now being used.
The UK expects to spend £13m a year on its regulator, employing 35 to 40 staff, but Reach boasts 589 staff and a budget topping €100m (£89m) – yet has still failed to vet all chemicals after more than a decade’s work.
Dr Warhurst warned: “There is a big difference between being able, theoretically, to control chemicals and actually being able to do it, with much less data, fewer people – and perhaps under pressure from a US trade deal.
“These chemical companies have a record of going to court when restrictions are imposed.”
And Ms Peake added: “For two years at least after the transition period, we will no longer have access to the EU’s database and, therefore, access to the safety data.
“During that period, there is a risk that companies will try to use chemicals in the UK that have been banned or restricted at an EU level, on the grounds that we don’t have the background safety data to justify a decision.”
But a government spokesperson said: “Spurious claims that the UK will in some way start accepting dangerous chemicals are simply unfounded scaremongering.
“We are ready to provide the essential and safe regulation of chemicals. We will maintain a strong system that safeguards both human health and the environment.”