January 2022 Regulatory Update

NORTH AMERICA NEWS

USA: Senators Blackburn & Blumenthal Introduce Bipartisan Bill to Protect Children from Ingesting Button Batteries

S. 3278 known as Reese’s Law, would require products with button cell and coin batteries to have clear warning labels and child-safe battery boxes to help families avoid suffering caused by the oftentimes fatal hazards associated with ingestion of these batteries.

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Main promoters: U.S. Senators Marsha Blackburn and Richard Blumenthal Background: This bill, S. 3278, is named in memory of an 18-month-old child, Reese Hamsmith who accessed the battery from a remote control and ingested it. This bill will require products with button cell and coin batteries to have clear warning labels and child-safe battery boxes.

Small button cell and coin batteries can pose a serious risk to children and babies if swallowed, but many products that use these batteries lack adequate safeguards to prevent this from occurring. Button cell and coin batteries are used in products readily accessible to children such as toys, remote controls, portable electronic products, games, and other items commonly found in homes and childcare facilities.

The bill, if passed, will direct the U.S. Consumer Product Safety Commission (CPSC) to create safety standards to address these hazards. Highlights include:

  • Formulating performance standards, requiring the compartments of consumer goods containing button cell and coin batteries to be affixed in a way to prevent children 6 years of age or younger from gaining access;
  • Requiring warning labels to be directly placed in the product manual, on the packaging and on the actual product so that it is clearly visible;
  • Requiring a warning label that clearly identifies the danger of ingestion; and
  • Requiring the product to have warning labels instructing consumers to put new batteries and used batteries out of the reach of children and directing to seek medical attention immediately if the batteries are swallowed by mistake.

Reese’s Law has the support of many U.S. Senators and consumer protection organizations, and they hope that the U.S. Congress will pass this bill as soon as possible to help protect children from preventable harm.

For More Information About This Story:
Contact: Vincent Wong (Technical Consultant for E&E)
Phone: (852) 3185 8000
Email: regulatoryupdates@qima.com

USA: Removal or Substitution of High Priority Chemicals in Oregon State’s Toxic-Free Kids Act

Certain children’s products to be sold in Oregon may now have to remove or substitute high priority chemicals beginning 1 January, 2022 or apply for waivers, substitution requests and exemptions under the Toxic-Free Kids Program.

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Beginning 1 January 2022, manufacturers that have made three Biennial Notices are requested to remove or substitute High Priority Chemicals of Concern for Children's Health (HPCCCH)(s) present at or above de minimis levels in children's products that are i) Mouthable; ii) A children's cosmetic; or iii) Made for, marketed for use by or marketed to children under three years of age, according to Oregon Administrative Rule (OAR) 333-016-3010.

Products that contain an HPCCCH at or above de minimis amounts may no longer be sold or offered for sale in Oregon after being reported in three Biennial Notices.

Alternatively, before the end of the third Biennial Notice Period (31 December 2021) for children's products described above, manufacturers may request for a waiver or exemptions from removal or for substitution.

Additionally, a permanent administrative order has been published on 29 December 2021 to amend OAR 333-016-2020 by adding five more High Priority Chemicals of Concern for Children’s Health (HPCCCH) effective from 1 January 2022 to make the list now contain 73 chemicals in total. These five new chemicals are also listed on the Washington State Department of Ecology’s Reporting List of Chemicals of High Concern to Children (CHCC). The five newly added chemicals are listed below.

  1. Dicyclohexyl phthalate (DCHP) (CAS no. 84-61-7)
  2. Diisobutyl phthalate (DIBP) (CAS no. 84-69-5)
  3. Bisphenol F (BPF) (620-92-8)
  4. Ethylhexyl diphenyl phosphate (EHDPP) (1241-94-7)
  5. Chlorinated paraffins (108171-26-2)
For More Information About This Story:
Contact: Andy Choi (Senior Manager)
Phone: (852) 3185 8045
Email: regulatoryupdates@qima.com

USA: Public Comment for Proposed Modification of California Proposition 65 Short Form Warnings

The Office of Environmental Health Hazard Assessment (OEHHA) initiated a modification of California Proposition 65 short form warnings; it is under public comment until 21 January, 2022.

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The proposal is intended to improve the short-form warnings to provide consumers more specific information, and to limit the use of the short form warning to small products.

Below are the key highlights of the proposed changes:

  1. Increases the maximum label size for short form warnings from 5 square inches to 12 square inches.
  2. Reinstates the allowance of using the short form warning on websites and in catalogs
  3. Gives more options on signal words including “CA WARNING” or “CALIFORNIA WARNING” in addition to the original signal word “WARNING” to allow businesses to make clear that the warning is being given pursuant to California law
  4. Provides an additional warning option that more directly addresses exposure to carcinogens or reproductive toxicants to provide an additional safe harbor warning that can be used on the product label
For More Information About This Story:
Contact: Andy Choi (Senior Manager)
Phone: (852) 3185 8045
Email: regulatoryupdates@qima.com

United States (US) Recalls Summary (01 December 2021 to 31 December 2021)

In the US, when hazards are identified in consumer products, they will be recalled and published in the Consumer Product Safety Commission (CPSC) Recent Recalls on the CPSC website, which is updated daily. The US recalls from 01 December 2021 to 31 December 2021 are summarized below:

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Hazards Frequency
Choking Hazard 1
Ingestion Hazard 1
Burn Hazard 4
Fire Hazard 4
Entrapment Hazard 4
Laceration Hazard 3
Fall Hazard 2
Injury Hazard 3
Drowning Hazard 1
Strangulation Hazard 1

Product Categories Frequency
Toys and Childcare Products 2
Electrical Appliances 1
Household Items 5
Fabric / Textile / Garment / Home Textile 1
Home Electrical Appliances 3
Sporting Goods / Equipment 1
Furniture 1
Tools and Hardware 2
Outdoor Living Items 1

For a complete list click here


Canada: The Quebec Government Repealed the Upholstered and Stuffed Articles Act

The Quebec government published Bill 103, to amend various legislative provisions mainly for the purpose of reducing red tape; the bill repeals the Act regarding stuffing and upholstered and stuffed articles (chapter M-5).

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In December 2021, the Canadian province of Quebec, through Bill 103, repealed its Act pertaining to stuffing /upholstered and stuffed articles. The repeal in Quebec followed a similar decision in two other Canadian provinces, Manitoba, and Ontario, where filled products are no longer required to be labeled or licensed.

The implications of the repeal are included below:

  1. Product fill and products with hidden stuffing are no longer required to be licensed in Quebec.
  2. Products with hidden stuffing (e.g., upholstered products and stuffed toys) are no longer required to be labeled.
  3. A company or person holding a previously required stuffing manufacturers permit in Quebec, can safely allow it to lapse. Going forward, Quebec will no longer be issuing new or renewed permits for this purpose.
For More Information About This Story:
Contact: Vivian Chan (Technical Consultant)
Phone: (852) 3185 8052
Email: regulatoryupdates@qima.com

Canada Recalls Summary (01 December 2021 to 31 December 2021)

In Canada, when hazards are identified in consumer products, they will be recalled and published in the Recalls and Safety Alerts Database on the Health Canada website, which is updated daily. The Canada recalls from 01 December 2021 to 31 December 2021 are summarized below:

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Hazards Frequency
Burn Hazard 4
Microbiological Hazard 11
Risk of Allergy 11
Entrapment Hazard 3
Chemical Hazard 3
Injury Hazard 3
Fire Hazard 5
Strangulation Hazard 8
Choking Hazard 3
Entanglement Hazard 5
Other Hazards* 2

*Other Hazards include Health Risk Hazard and Laceration Hazard with a frequency of less than 3.


Product Categories Frequency
Fabric / Textile / Garment / Home Textile 19
Food 20
Cannabis 2
Household Items 2
Home Electrical Appliances 2
Electrical Appliances 2
Toys and Childcare Products 2
Tools and Hardware 2
Other Categories* 5

*Other Categories include Furniture, Chemicals, Accessories, Bodycare / Cosmetics and Protective Equipment with a frequency of less than 2.


For a complete list click here


EUROPE NEWS

Germany: Germany Adopts Printing Inks Ordinance for Food Contact Use

On 2 December 2021, the German Federal Ministry of Food and Agriculture adopted the Twenty-First Amendment (also known as the Printing Inks Ordinance) to the German Consumer Goods Ordinance.
This ordinance entered into force on 8 December 2021.

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Printing inks are complex chemical mixtures that in general include pigments, solvents, additives, monomers, and so on. The chemical substances in printing inks may release into foodstuff which may endanger human health or bring about unacceptable changes in foodstuff composition or organoleptic characteristics of foodstuff.

In 2014, Germany announced its plan to regulate the printing inks for food contact use through a printing ink ordinance. On 2 December 2021, the German Federal Ministry of Food and Agriculture adopted the Twenty-First Amendment (also known as the Printing Inks Ordinance) to the German Consumer Goods Ordinance.

The Ordinance established:

  • a positive substances list permitted for use in printing inks for food contact materials and articles.
  • further limit values for certain substances: specific heavy metals and primary aromatic amines.
  • a transition period for the new Printing Inks Ordinance which will be four to five years, depending on the new provisions entering into force.

This Ordinance entered into force on 8 December 2021.

For More Information About This Story:
Contact: Andy Choi (Senior Manager)
Phone: (852) 3185 8045
Email: regulatoryupdates@qima.com

EU: Draft Regulation on Recycled Plastic Materials and Articles Intended to Come into Contact with Foods

On 17 December 2021, the Committee on Technical Barriers to Trade of the World Trade Organization (WTO) published a Notification about the Draft Commission Regulation on recycled plastic materials and articles intended to come into contact with foods.

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On 17 December 2021, the Committee on Technical Barriers to Trade of the World Trade Organization (WTO) published a Notification from the European Union (EU), ‘Draft Commission Regulation on recycled plastic materials and articles intended to come into contact with foods, and repealing Regulation (EC) No 282/2008.

Highlights of the draft regulation include:

  • the subject matter, scope and definitions of recycled plastic materials and articles intended to come into contact with foods.
  • rules for placing products on the market made of recycled plastic and recycled plastic materials and articles.
  • requirement for development and listing of novel technologies.
  • procedure for the authorization of individual recycling processes.
  • requirements for declarations of compliance.

Proposed date of adoption: 15 June 2022
Proposed date of publication: 30 June 2022
Proposed date of entry into force: July 20, 2022

For More Information About This Story:
Contact: Andy Choi (Senior Manager)
Phone: (852) 3185 8045
Email: regulatoryupdates@qima.com

The Netherlands: Extended Producer Responsibility for Textiles Draft Decree

The Ministry of Infrastructure and Water Management is preparing the extended producer responsibility (UPV) for textiles. This should come into effect by 2023. The textile industry is one of the most polluting industries worldwide. The UPV makes textile producers responsible for the collection, reuse, recycling, and waste processing of their products. This should ensure more reuse, less waste, and less pollution.

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The extended producer responsibility for the textiles draft decree opened for public consultation on 21 November 2021 and aims to make textile producers responsible for the recycling and preparation for reuse of the textile products that they place on the Dutch market.

Under the draft text, producers are considered as any person or business that professionally places a textile product on the Dutch market for the first time. They are required to finance and put in place an appropriate system for the collection, recycling, reuse, and the disposal of the waste of textiles they bring to market.

Producers not established in the Netherlands and who place textile products on the national market shall designate a legal or natural person established in the Netherlands as its authorized representative for the performance of their producer's obligations.

The proposal also sets the following targets for the reuse and recycling of textiles placed into the Dutch national market: 50% in 2025 and 75% in 2030.

If enacted, the draft measures will come into effect on 01 January 2023. Interested parties were able to respond to this draft proposal until 2 January 2022.

For More Information About This Story:
Contact: David Zhao (Technical Consultant)
Phone: (571) 8999 7142
Email: regulatoryupdates@qima.com

Europe Recalls Summary (01 December 2021 to 31 December 2021)

In Europe, when hazards are identified in Non-food Consumer Products, the Products will be recalled and published in the Safety Gate system, which is updated weekly. The European recalls from 01 December 2021 to 31 December 2021 are summarized below:

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Hazards Frequency
Injury Hazard 19
Strangulation Hazard 12
Suffocation Hazard 13
Choking Hazard 39
Chemical Hazard 78
Electric Shock Hazard 22
Environmental Hazard 27
Burn Hazard 12
Health Risk Hazard 19
Other Hazards* 26

*Other Hazards include Cut Hazard, Damage to Hearing, Damage to Sight, Entrapment Hazard, Microbiological Hazard, Fire Hazard and Radiation Hazard with a frequency of less than 10.


Product Categories Frequency
Fabric / Textile / Garment / Home Textile 17
Toys and Childcare Products 70
Electrical Appliances 21
Bodycare / Cosmetics 7
Jewelry 13
Chemicals 30
Computer / Audio / Video / Other Electronics & Accessories 7
Home Electrical Appliances 6
Protective Equipment 12
Other Categories* 28

*Other Categories include Machinery, Tools and Hardware, Furniture, Sporting Goods / Equipment, Food Contact Material, Construction Products, Outdoor Living Items, Footwear and Accessories with a frequency of less than 6.


Notifying Country Frequency
France 32
Hungary 30
Lithuania 15
Finland 9
Sweden 29
Belgium 15
Germany 10
Ireland 24
Cyprus 9
Other Countries* 38

*Other Countries include Slovakia, Czechia, Bulgaria, Austria, Italy, Denmark, Portugal, Poland, Romania and The Netherlands with a frequency of less than 7.


For a complete list click here


AUSTRALIA NEWS

Australia Recalls Summary (01 December 2021 to 31 December 2021)

In Australia, when hazards are identified in consumer products, they will be recalled and published in the Recalls and Safety Alerts Database on the Australian Competition & Consumer Commission website, which is updated daily. The Australia recalls from 01 December 2021 to 31 December 2021 are summarized below:

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Hazards Frequency
Risk of Allergy 4
Electric Shock Hazard 2
Injury Hazard 12
Choking Hazard 9
Health Risk Hazard 13
Suffocation Hazard 4
Other Hazards* 3

*Other Hazards include Strangulation Hazard, Drowning Hazard and Burn Hazard with a frequency of less than 2.


Product Categories Frequency
Food 4
Electrical Appliances 3
Household Items 1
Toys and Childcare Products 8
Furniture 2
Tools and Hardware 1
Sporting Goods / Equipment 3
Protective Equipment 1
Pharmacy 1
Bodycare / Cosmetics 11

For a complete list click here


ASIA NEWS

China Recalls Summary (01 December 2021 to 31 December 2021)

In China, when hazards are identified in consumer products, they will be recalled and published in the SAMR Defective Product Administrative Centre, which is updated daily. The China recalls from 01 December 2021 to 31 December 2021 are summarized below:

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Hazards Frequency
Injury Hazard 5
Health Risk Hazard 15
Burn Hazard 6
Fire Hazard 3
Electric Shock Hazard 8
Safety Risk Hazard 14
Suffocation Hazard 3
Cut Hazard 6
Other Hazards* 8

*Other Hazards include Fall Hazard, Chemical Hazard, Microbiological Hazard, Choking Hazard, Entanglement Hazard and Damage to Sight with a frequency of less than 3.


Product Categories Frequency
Sporting Goods / Equipment 5
Food Contact Material 13
Home Electrical Appliances 5
Electrical Appliances 8
Protective Equipment 7
Fabric / Textile / Garment / Home Textile 7
Stationery 3
Household Items 2
Chemicals 2
Toys and Childcare Products 2
Other Categories* 4

*Other Categories include Footwear, Furniture, Travel Items and Tools and Hardware with a frequency of less than 2.


Provinces Frequency
Anhui 36
Tianjin 2
Beijing 4
Jiangsu 5
Shanghai 1
Guangdong 3
Jilin 1
Hubei 1
Hunan 4

** The province of the recall case, Children's Insulation Straw Cup on 31 December is not specified.


For a complete list click here


JANUARY CONTRIBUTORS

Andy Choi

Vivian Chan

Vincent Wong

David Zhao

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