January 2018

On December 15, 2017, the Consumer Product Safety Commission (CPSC) approved final rule, 16 CFR 1232, to adopt ASTM F2613-17a as the mandatory safety requirement for children’s folding chairs and stools.

In ASTM F2613-17a, a children’s folding chair or stool is defined as:

• -   Seating furniture with a height of 15 inches or less with a rigid frame that is intended to be used as a support for the body, limbs or feet of a child when sitting or resting in an upright or reclining position.

• -   It can also be folded for transport or storage and may include a rocking base.

• -   The product is intended to be used by a single child who can get out of the chair unassisted.

The final rule will become effective June 15, 2018.

On November 20, 2017, the Office of Environmental Health Assessment (OEHHA) has approved an amendment to Title 27, California Code of Regulations, Article 6, Clear and Reasonable warnings. The key changes are summarized below:

• -   Updated definitions

• -   “Authorized Agent” to include a monitored electronic mailbox or post office box

• -   “Labeling” replaced “tags at the point of sale or display of a product” with “package insert”

• -   Replaced “on-product warning” with “short-form warning label”

• -   Required warning for alcoholic beverages (Before amendment, only non-alcoholic beverages are required)

• -   Other editorial changes

The amendment will become operative on August 30, 2018. In the interim, businesses may comply with either existing or amended warning requirements.

Recently, the California Office of Environmental Health Hazard Assessment (OEHHA) added one chemical to the Proposition 65 List. The new chemical is as follows:

The added chemical meets the requirements for listing purposes of Proposition 65 as known to the State of California to cause Cancer toxicity. The chemical details are provided below:

On December 29, 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice to propose No Significant Risk Levels (NSRLs) for two chemicals, which were listed under Proposition 65 as being known to the state to cause Cancer.

The chemical details and issued NSRLs are provided below:

On January 15, 2018, the European Chemicals Agency (ECHA) added several substances of very high concern (SVHC) to the SVHC Candidate List under Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). The added chemicals can be carcinogenic, persistent, bioaccumulative and toxic. These additions bring the SVHC Candidate List total to 181 substances.

The chemicals added are:

1. Benz[a]anthracene

2. Cadmium carbonate

3. Cadmium hydroxide

4. Cadmium nitrate

5. Chrysene

6. Dodecachloropentacyclo[12.2.1.16,9.02,13.05,10]octadeca-7,15-diene (“Dechlorane Plus”™)

7. Reaction products of 1,3,4-thiadiazolidine-2,5-dithione, formaldehyde and 4-heptylphenol, branched and linear (RP-HP)

The deadline for notification about the presence of the new SVHCs in articles is July 15, 2018, six months after their inclusion on the List.

In Europe, when hazards are identified in consumer products, the products will be recalled and published in the Rapid Alert System, which is updated weekly. The European recalls from June to December 2017 are summarized below:

*Other Hazards include Burn Hazard, Laceration Hazard, Damage to Hearing Hazard, Damage to Sight Hazard, Drowning Hazard, Environmental Hazard, Microbial Hazard and Suffocation Hazard with a frequency of less than 30.

^Other Categories include Art and Crafts Materials, Candles & Burning Items and Accessories, Consumer Chemicals, Food Contact Material, Footwear, Furniture, Home Electrical Appliances (Hair Dryer, Iron, etc.), Homeware (Non-food Contact), Jewelry, Watch or other Fashion Accessories and Tools and Hardware with a frequency of less than 30.

For a complete list click here

In December 2017, the HKSAR Government proposed to adopt up-to-date safety standards promulgated by the relevant standards for toys and children’s products listed in Schedule 2 under the Toys and Children’s Products Safety Ordinance (Cap. 424). The comment period ended on December 31, 2017.

The specified standards for toys and for certain classes of Schedule 2 products are proposed to be updated to new versions as per the below table:

In December 2017, the updated Consumer Goods (Swimming and Flotation Aids) Safety Standard 2017 entered into force. The updated safety standard adopted a new version of AS/NZS 1900:2014 Flotation aids for water familiarization and swimming tuition replacing the previous Consumer Protection No. 3 of 2009.

In the updated safety standard, a new version of the Australia/ New Zealand standard is adopted and the flotation aid is defined as:

• -   Designed for children under 14 years of age; and

• -   To be worn on or attached to the user’s body, or sat in by the user, for the purpose of enabling them to gain confidence through water familiarization, or to assist them in acquiring unaided buoyancy through swimming tuition

It excludes the following:

• -   A flotation toy

• -   An unattached flotation device

• -   An article designed only for therapeutic use

• -   An article designed for use by disabled persons

• -   A personal flotation device for use in boating or other recreational water activities

The transition period of the safety standard was given until December 14, 2019. Within this period, swimming and flotation aid devices may comply with either the old or the new version of AS/NZS 1900.