May 2020 Regulatory Update

NORTH AMERICA NEWS

US CPSC Revises Safety Standard for Sling Carriers

In January 2017, the U.S. Consumer Product Safety Commission (CPSC) issued a consumer product safety standard for Sling Carriers. The standard incorporated by reference the applicable ASTM voluntary standard. The CPSC is publishing this direct final rule revising the CPSC’s mandatory standard for Sling Carriers to update to ASTM F2907-19 with an effective date of July 6, 2020.

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ASTM F2907-19, Standard Consumer Safety Specification for Sling Carriers, is intended to minimize the risk of injury to an occupant from the normal use and reasonably foreseeable misuse of products. The standard was codified in the Commission’s regulations at 16 CFR part 1228. This rule is incorporating ASTM F2907-19 as the mandatory standard.

ASTM F2907-19 includes revised requirements for test methods, labeling, and instructional literature. Below are the major changes to the revised standard:

  1. The use of sling carriers for two occupants (rather than one)

    ASTM F2907-19 modifies the scope, testing, labeling, and instructional literature requirements to address slings designed to contain up to two occupants.

    • In section 1.3, the scope covers sling carriers designed to contain up to two occupants;
    • Section 6.2 requires each restraint system to be tested, accounting for the possibility of more than one restraint system;
    • Section 7.1.5 requires two-occupant slings to be tested with weight in both support areas concurrently;
    • In addition to the dynamic load requirements for single-occupant products in section 7.2.2, there are dynamic load requirements for two-occupant products in section 7.2.3;
    • In addition to the occupant-retention test requirements for single-occupant products in section 7.5.2, there are occupant-retention test requirements for two-occupant products in section 7.5.3;
    • Section 8.1.4 requires labels to state the recommended child weight for each support area, accounting for the possibility of more than one occupant;
    • Section 8.3.4 requires pictograms of improper and proper infant positioning to include one or two occupants, depending on the product design; and
    • The instructional literature requirements in section 9.3.9 retain the required language: "never place more than one baby in the sling carrier" for single-occupant sling carriers but provides a modified statement for two-occupant sling carriers.
  2. Sling carriers that are marketed to carry more than the existing test weight of 35 pounds

    ASTM F2907-19 addresses this by requiring test weights to be the manufacturer’s recommended maximum occupant weight or 35 pounds, whichever is greater.

    • In section 1.3, the scope notes that, although the typical maximum weight of an occupant is 35 pounds, manufacturers may provide a higher weight limit;
    • For the dynamic load test, the test mass/weight in section 7.2.2 is the greater of 35 pounds, or the manufacturer’s recommended maximum weight; and
    • For the occupant-retention test, the test mass stated in section 7.5.1.3 is the greater of 35 pounds or the manufacturer’s recommended maximum weight.
  3. Several revisions to clarify existing requirements, and editorial revisions that do not alter the substantive requirements or affect safety.

CPSC considers the changes as an improvement to safety for sling carriers designed for two occupants as consumers sometimes use sling carriers for two occupants.

For More Information About This Story:
Contact: Vivian Chan (Technical Consultant)
Phone: (852) 3185 8052
Email: vivian.chan@qima.com

US State of California Issues Safe Use Determination for Exposures to BPA from Certain Polycarbonate Eyewear Products in Proposition 65 Regulation

In April 2020, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) issued a Safe Use Determination (SUD) to The Vision Council (TVC) member companies related to exposure to bisphenol A (BPA) from certain polycarbonate (PC) eyewear products that are manufactured, distributed, or sold by them.

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The Safe Use Determination (SUD) for exposure to bisphenol A (BPA) is for PC prescription glasses and sunglasses, over-the-counter (OTC) reading glasses, non-prescription sunglasses, and safety glasses. The statement is for the parts of the glasses that do not exceed a defined acetonitrile extractable BPA level (as determined by LC/MS/MS). For details, please see below table.

Parts of the PC Eyewear Products Acetonitrile Extractable Concentrations level of BPA (µg/g)
Temple 25
Nose Pad 68
Frame 120
Lens 302

The dermal exposure to BPA for these components to users is 0.53 µg/day, which falls below the "Maximum Allowable Dose Level (MADL)” for BPA (dermal exposure from solid materials) of 3 µg per day. Hence, a Proposition 65 warning is not required.

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

US Recalls Summary (July 1, 2019 to March 31, 2020)

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 July 1, 2019 to March 31, 2020 are summarized below:

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Product Categories Frequencies
Toys and Childcare Articles 26
Furniture 21
Sporting Goods / Equipment 15
Body care / Cosmetics 14
Fabric / Textile / Garment / Home Textile 12
Computer / Audio / Video / Other Electronics & Accessories 10
Other Categories* 34

^Other Categories include Candles & Burning Items, Chemicals, Food Contact Material, Footwear, Home Electrical Appliances, Homeware (Non-food Contact), Kitchenware, Lighting Equipment, Personal Protective Equipment, Stationery and Tools and Hardware with a frequency of less than 9.


Hazards Frequency
Injury Hazard 30
Fall Hazard 22
Burn Hazard 18
Fire Hazard 17
Poisoning Hazard 16
Choking Hazard 12
Other Hazards* 46

* Other Hazards include Aspiration Hazard, Chemical Hazard, Crash Hazard, Death Reports, Electric Shock Hazard, Entrapment Hazard, Impact Hazard, Ingestion Hazard, Laceration Hazard, Shock Hazard, Strangulation Hazard and Suffocation Hazard with a frequency of less than 12.

For a complete list click here.


Canada Issues Updated Standard on Flammability and Labelling of Tents

In April 2020, the Canadian General Standards Board: Standards Council of Canada published a new flammability and labeling requirement for tents, CAN/CGSB-182.1. This standard applies to consumer tents for outdoor use (including tents intended for both indoor and outdoor use), such as camping tents, backpacking tents, suspended tents, teepees, children’s tents tent trailers, ice-fishing tents, dining shelters, sun shelters and screen houses.

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CAN/CGSB-182.1 incorporates specific sections of the Industrial Fabrics Association International standard, CPAI-84, entitled A Specification for Flame-Resistant Materials Used in Camping Tentage. CPAI-84 was introduced in 1972 to address fire hazards posed by highly flammable tent materials, such as waxed or oiled cotton canvas, which were commonly used at the time. Most tents available in today’s consumer market are made of lighter, synthetic materials that exhibit significantly different flammability properties. A need was identified to update the flammability and labeling requirements for tents intended for consumer use to more appropriately address the current flammability risks.

CAN/CGSB-182.1 was developed to update flammability and labeling requirements for tents intended for consumer use, with the aim to minimize fire hazards and improve safety. The standard also reduces testing variability and allows for a greater degree of innovation of tents to meet consumer expectations.

Health Canada is currently working on a proposal to replace the existing requirements under the Tents Regulations SOR/2016-185 with the requirements in CAN/CGSB-182.1. At this time, compliance with CAN/CGSB-182.1 is voluntary.

For More Information About This Story:
Contact: Vivian Chan (Technical Consultant)
Phone: (852) 3185 8052
Email: vivian.chan@qima.com

Health Canada Publishes Consumer Product Annual Surveillance Report

According to the annual surveillance report published by Health Canada in 2019, the Consumer Product Safety Program (CPSP) received 2,504 incident reports (2,343 consumer product reports and 161 cosmetic reports) from consumers and industry. A similar number of incident reports were received in 2018. Toys is the top reported product type and half of its reports are associated with an injury. The number of reports submitted voluntarily was also consistent between 2018 and 2019.

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The incident reports received by the CPSP includes the products noted below:

  1. Consumer products

    A total of 2,343 consumer product incident reports were received in 2019. This is an average of around 195 reports received each month. There is a variation in numbers each month and that can be seasonal and influenced by social media attention. The reports for industry incidents on power saws, portable electric heaters, and air compressors caused the highest number of reports in March and October.

    1. Top 3 consumer products reported in 2019
      Product Type Number of Reports from Consumers Number of Reports from Industry Total Number of Reports Top Hazards Reported
      Toys* 64 119 183 Small part (27%),
      Toxicological risk (20%),
      sharp edge or point (15%)
      Electric ranges or ovens 50 91 141 Excessive heat/ overheating (36%),
      sharp edge or point (21%),
      fire safety (12%)
      Telephones or accessories 16 62 78 Excessive heat/ overheating (29%),
      fire safety (26%),
      smoke (21%)

      * Toys included baby walkers or jumpers; balloons; blocks, stacking toys or pull toys; building sets; dolls, plush toys and action figures; molding compounds; non-riding toy vehicles; powered riding vehicles; pretend electronics, tools, housewares and appliances; squeeze or squeaker toys; and teething rings.

    2. Top 3 consumer products reported that mentioned a death

      A total of 15 product types had an incident report that mentioned at least 1 death.

      Top 3 Product Type Number of Reports from Consumers Number of Reports from Industry Total Number of Reports Hazards Related
      Riding lawn mowers and garden tractors 0 7 7 Crushing hazard, crashing hazard, poisoning hazard, falling hazard
      Laundry soaps or detergents 0 2 2 Poisoning hazard/ ingestion hazard
      Toys 1 1 2 Choking hazard, crushing hazard
    3. Top 3 consumer products reported that mentioned a non-fatal injury

      A total of 794 incident reports mentioned a non-fatal injury in 2019.

      Top 3 Product Type Number of Reports from Consumers Number of Reports from Industry Total Number of Reports
      Toys* 24 67 91
      Diapers 2 65 67
      Vaping devices 26 6 32
  2. Cosmetics

    A total number of 161 cosmetic incident reports were received in 2019. Since there is no incident reporting requirement for industry from the Food and Drugs Act or the Cosmetics Regulations, all incident reports received are voluntary. 48% of them mentioned injuries and 86% of them were concerning toxicological hazards including the presence of bacteria, mold, toxins, or harmful chemical agents.

    1. Top 3 cosmetic products reported

      The top 3 products reported are the same as the top 3 products that mentioned an injury.

      Top 3 Product Type Number of Reports from Consumers Number of Reports from Industry Total Number of Reports Product Included
      Moisturizers 34 4 38 Facial moisturizers (including eyes) (50%), body moisturizers (47%), genital moisturizers (3%)
      Cleansers 22 3 25 Body cleansers (56%), face cleansers (including eyes) (40%), genital cleansers (4%)
      Makeup (non-permanent, incl. henna tattoo) 13 1 14 Face (43%), body (36%), eyes (14%), lips (7%)

      Product Type Injury Type Injury Severity
      Minor Moderate Severe Unknown Total
      Moisturizers Irritations or allergic reactions 5 6 5 0 16
      Cleansers 8 6 0 1 15
      Makeup (non-permanent, incl. henna tattoo) 2 4 0 0 6
For More Information About This Story:
Contact: Andy Choi (Senior Manager)
Phone: (852) 3185 8045
Email: andy.choi@qima.com

EUROPE NEWS

EU Proposes to Revise REACH Annex XVII

On April 23, 2020, the World Trade Organization (WTO) circulated Notification G/TBT/N/EU/714 from the European Union (EU) proposing to amend Annex XVII to Regulation (EC) No. 1907/2006 (REACH). The changes are proposed to be implemented in phases starting in the fourth quarter of 2020.

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According to the draft Commission Regulation and Annex attached to Notification G/TBT/N/EU/714, there are certain important proposed changes such as the following:

  • Updating the referenced test methods (harmonized standard) for azocolorants (entry 43) in Appendix 10 of Annex XVII, to reflect technical progress;
  • Deleting three entries - (entry 22 (PCP and its salts and esters); entry 67 ((Deca-BDE)) and Entry 68 (PFOA and its salts), as they have been or will be incorporated into Regulation 2019/2012 for persistent organic pollutants (POPs);
  • Including CMR category 1A or 1B substances such as cobalt, two PAHs, one phthalate (DIHxP), etc. to entries 28 to 30 of Annex XVII to Regulation (EC) No 1907/2006 (REACH) to align with Regulation (EC) 1272/2008 on Classification, Labeling and Packaging of Substances and Mixtures (CLP Regulation);
  • Including an exemption, from the aforementioned entries 28 to 30, for medical devices covered by Regulation (EU) 2017/745;
  • Editorial changes to align the languages such as hazard statements with CLP regulation;
  • Removed the CAS and EC numbers from entry 46 (Nonylphenol) of Annex XVII to cover all isomers.
For More Information About This Story:
Contact: Andy Choi (Senior Manager)
Phone: (852) 3185 8045
Email: andy.choi@qima.com

ASIA NEWS

Japan Revised the Approved List for Food Contact Plastic

In April 2020, the Japan Ministry of Health, Labour and Welfare (MHLW) published a new version of the positive list of substances approved for use in plastic food contact materials, which will be implemented starting June 1, 2020.

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According to the Japan positive list system (see Regulatory Update January 2019), only listed raw materials are allowed to be used in the manufacturing of plastic food contact materials. Substances that are not present in the positive list shall not migrate into food at a concentration exceeding 0.01 mg/kg in the event that these substances could accidentally come into contact with food.

After the implementation of the positive list in June, manufacturers are required to notify the MHLW of any new products that include non-listed substances or listed substances in a non-approved use. Manufacturers can achieve compliance, either by substituting unlisted substances with those on the positive list, or by submitting a proposal to add unlisted substances to the positive list.

A five-year transition period will allow plastic food contact materials that are placed on the market, manufactured, imported or used in business before June 1, 2020 to be consumed until stocks are exhausted.

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

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