May 2022 Regulatory Update

NORTH AMERICA NEWS

USA: California AB-2208 Fluorescent Lamps: Sale and Distribution: Prohibition

Existing law regulates certain consumer products containing mercury, such as compact fluorescent lamps and linear fluorescent lamps.
Effective dates for bans listed under proposed AB-2208 for such fluorescent lamps are 1 January 2024 and 1 January 2025, respectively.

View Story Read More

California AB-2208 Fluorescent lamps: sale and distribution prohibition was introduced on 22 February 2022 and amended in Assembly on 19 April 2022. Under this bill:

  1. A compact fluorescent lamp shall not be offered for final sale as a new manufactured product on or after 1 January 2024
  2. A linear fluorescent lamp shall not be offered for final sale as a new manufactured product on or after 1 January 2025
  3. The following lamps are exempt from this prohibition:
    1. A lamp used for image capture and projection
    2. A lamp that has a high proportion of ultraviolet light emission
    3. A lamp used for medical or veterinary diagnosis or treatment, or used in a medical device
    4. A lamp used in pharmaceutical product manufacturing or quality control
    5. A lamp used for spectroscopy and photometric applications

Some examples for point 3 include:

Mosquito killing lamp Disinfection lamp

Effective dates for listed bans for compact fluorescent lamps and linear fluorescent lamps are 1 January 2024 and 1 January 2025, respectively.

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

USA: Washington State PFAS Priority Product Law

Washington State introduced a law which will accelerate the development of regulations for a variety of consumer products that contain perfluoroalkyl and polyfluoroalkyl substances (PFAS).

View Story Read More

On 31 March 2022, Washington State’s Governor signed the bill (HB 1694, concerning logistical processes for the regulation of priority chemicals in consumer products) into law. This law will accelerate the state’s ability to develop regulations for a variety of consumer products containing perfluoroalkyl and polyfluoroalkyl substances (PFAS).

The new law requires the state of Washington’s Department of Ecology (DOE) to name PFAS-containing firefighting personal protective equipment as a “priority product”. The law also allows DOE to name any product identified in the 2021 PFAS chemical action plan (CAP) as a “priority product”. This includes non-stick cookware, personal care products, cleaning agents, water-repellent clothing and gear, automotive products, and waxes and sealants for floors, skis, and cars.

Moreover, the law gives the DOE the authority to address additional PFAS containing products as “priority products”. In the past, the DOE would add products to the “priority” list every five years. This law accelerates the five-year waiting period. The law is not a complete ban on the use of PFAS; instead, it requires the DOE to determine an initial set of regulatory actions for PFAS in CAP-identified products by 1 June 2024, and then adopt rules to implement the determinations by 1 December 2025.

For More Information About This Story:
Contact: Alex Hui (Senior Technical Manager)
Phone: (852) 3185 8000
Email: regulatoryupdates@qima.com

USA: OEHHA has Issued Second Modification of Text of Proposed Rule for California Proposition 65 (Prop 65) on Short Form Warnings

California has issued a second modification of text to revise its proposed rule on clear and reasonable warnings for California Proposition 65 (Prop 65) for Short Form Warnings. Public comments were collected starting 5 April 2022 until 20 April 2022.

View Story Read More

On 5 April 2022, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a second 15-Day modification of text to proposed amendments to Prop 65 Article 6 – Clear and Reasonable Warnings – Short Form. The latest proposal removes the limitation on the use of short-form warnings for smaller products and retains the requirement to list a chemical for toxicity terminuses.

There was a first proposal of modification to the short form warning in January 2021. After reviewing the public comments of the first modification, the proposed regulatory text has been further modified by OEHHA and some of the proposed modifications are listed below:

  1. The language “exposes you to” in subsections 25603(b) and 25607.2(b) is changed to “can expose you to”, which makes the language conform with the general content language in general consumer safe harbour warning (Section 25603).
  2. The limitations of package shape and label size on the use of short-form warnings are removed in Section 25602(a)(4), which means that the short-form warning can be used on product labels of any size, regardless of the package shape and size.
  3. The requirement in Section 25602(a)(4) is removed, which means that the requirement of having a minimum of 6-point type size when using short-form warnings in existing provision remains unchanged.
  4. The date that the regulation becomes effective is modified to two years rather than one year after the effective date of the amendments in Subsections 25602(e) and 25607.2(c).

According to the latest notice of modification, public comments were to be collected until 20 April 2022. The amendments would become operative two years after the effective date of the amendments.

For More Information About This Story:
Contact: Alex Hui (Senior Technical Manager)
Phone: (852) 3185 8000
Email: regulatoryupdates@qima.com

USA: Consumer Product Safety Commission (CPSC) Issues Final Rule for Baby Changing Products

On 26 April 2022, the Consumer Product Safety Commission (CPSC) published a final rule for 16 CFR 1235 Safety Standard for Baby Changing Products, incorporated by reference to ASTM F2388-21.
The effective date will be 31 July 2022.

View Story Read More

On 1 February 2022, ASTM notified the Consumer Product Safety Commission (CPSC) that it had revised the voluntary standard for baby changing products, approving ASTM F2388-21 Standard Consumer Safety Specification for Baby Changing Products for Domestic Use on 15 November 2021. Based on the CPSC staff’s review of ASTM F2388-21, the Commission will allow the revised voluntary standard to become the mandatory standard because the revised requirements in the voluntary standard either improve the safety of baby changing products or are neutral with respect to safety.

ASTM F2388-21 includes two substantive changes and some non-substantive revisions.

Substantive Changes:

  1. Two notes have been added to Figure 9 to provide the overall width and length dimensions for the tension tool used and a metric equivalent dimension has been added for one of the dimensions shown in the figure.
  2. Section 9.5 which provides warning statements that must be addressed on product labels and which requires that the warnings align with the format and text requirements illustrated in the standard have been updated:
    1. Section 9.5.1 “Fall Hazard,” at the beginning of the warning statement, in ASTM F2388-21, this hazard statement has been revised to be capitalized as “FALL HAZARD”
    2. Section 9.5.3 “Suffocation Hazard” at the beginning of the warning statement, in ASTM F2388-21, this warning statement has also been revised to be capitalized as “SUFFOCATION HAZARD”

Non-Substantive Revisions:

  1. Footnote 1 has been revised to include “baby changing products,” instead of “changing tables,”
  2. Figure 11, which provides examples of left-aligned warning label text, has been renumbered as Figure X1.1 and relocated from section 9, Marking and Labeling, to section X1, Rationale.
  3. Minor wording changes and grammatical corrections have been made, including:
    1. changing “example warning labels” to “example warning statements” (section 9.4.7);
    2. changing the warning label statement regarding fall hazards from “stay within arm’s reach” to “stay in arm’s reach of your child” (section 9.5.1);
    3. correcting the title of updated Figure X1.1 from “Example of Left Aligned Text” to “Example of Left-aligned Text.”
  4. Several figure names have been revised in section 9 Marking and Labeling and section 10 Instructional Literature.
For More Information About This Story:
Contact: Vivian Chan (Technical Consultant)
Phone: (852) 3185 8052
Email: regulatoryupdates@qima.com

United States (US) Recalls Summary (01 April 2022 to 30 April 2022)

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 April 2022 to 30 April 2022 are summarized below:

View Story Read More
Hazards Frequency
Fall Hazard 3
Injury Hazard 2
Crushing Hazard 1
Burn Hazard 5
Skin Irritation Risk 1
Health Risk Hazard 1
Crash Hazard 1
Choking Hazard 3
Poisoning Hazard 4
Fire Hazard 4
Laceration Hazard 1

Product Categories Frequency
Toys and Childcare Products 4
Furniture 3
Chemicals 1
Sporting Goods / Equipment 1
Tools and Hardware 2
Home Electrical Appliances 3
Bodycare / Cosmetics 1
Pharmacy 2
Food Contact Material 1
Fabric / Textile / Garment / Home Textile 1
Household Items 1
Electrical Appliances 1

For a complete list click here


Canada Recalls Summary (01 April 2022 to 30 April 2022)

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 April 2022 to 30 April 2022 are summarized below:

View Story Read More
Hazards Frequency
Microbiological Hazard 19
Burn Hazard 5
Injury Hazard 3
Fall Hazard 3
Health Risk Hazard 3
Fire Hazard 2
Risk of Allergy 2
Other Hazards* 5

*Other Hazards include Safety Risk Hazard, Entrapment Hazard, Laceration Hazard and Poisoning Hazard with a frequency of less than 2.


Product Categories Frequency
Food 19
Fabric / Textile / Garment / Home Textile 2
Electrical Appliances 2
Toys and Childcare Products 3
Home Electrical Appliances 2
Bodycare / Cosmetics 2
Other Categories* 7

*Other Categories include Cannabis, Sporting Goods / Equipment, Tools and Hardware, Medical Devices, Food Contact Material, Pharmacy and Furniture with a frequency of less than 2.


For a complete list click here


EUROPE NEWS

EU: CEN Published New Version of Nickel Screening Test – CEN/TR 12471:2022

The European Committee for Standardization (CEN) has published the new version of the nickel screening method which is a qualitative method for detecting the presence of nickel in articles. This standard is effective immediately.

View Story Read More

In February 2022, the European Committee for Standardization (Comité Européen de Normalisation, CEN) published CEN/TR 12471:2022 - a new version of the nickel screening method which is a cost-effective qualitative method for detecting the presence of nickel in articles. Such method is a completely revised and restructured edition of CR 12471:2002 ‘Screening tests for nickel release from alloys and coatings in items that come into direct and prolonged contact with the skin.’

This screening test is based upon the use of dimethylglyoxime (by the formation of a red coloured metal complex with nickel ions) for detecting the presence of nickel in articles that are inserted into pierced parts of the human body and those that are intended to come into direct and prolonged contact with the skin.

This new version of the method has several important points:

  1. States that the reference method for nickel release is EN 1811 (or EN 16128 for spectacle frames and sunglasses)
  2. Emphasizes the test to verify the compliance of REACH Annex XVII Entry 27 is the quantitative test method EN 1811 (or the abrasion test EN 12472 followed by EN 1811)
  3. Advises that a positive finding in this screening test may not be compliant with the respective nickel release limit falling under REACH Annex XVII Entry 27
For More Information About This Story:
Contact: Alex Hui (Senior Technical Manager)
Phone: (852) 3185 8000
Email: regulatoryupdates@qima.com

Great Britain: UK Proposes Chemical Restrictions to Enhance Cosmetic and Toy Safety for Great Britain

The United Kingdom (UK) has recently informed the World Trade Organization of the intention to revise its legislation on cosmetics and toy safety for Great Britain. It will be implemented in different phases, starting 15 October 2022.

View Story Read More

On 13 April 2022, a notification letter (document no. 22-3025) under G/TBT/N/GBR/47 from the World Trade Organization (WTO) was introduced. It is the draft regulation about the intention of a revision to the Toys (Safety) Regulation 2011 (UK Statutory Instruments 2011 No. 1881) and the Cosmetic Regulation 1223/2009 which is applicable in Great Britain (GB) including England, Wales and Scotland. The final date for comments is 14 June 2022 and the proposed date of adoption is 15 June 2022.

This draft regulation restricts or prohibits the use of chemical substances in cosmetics and toy products. For cosmetic products, there is a permission of the use of salicylic acid for uses other than as a preservative, only in specific product types. Also, there is a prohibition on the use of deoxyarbutin and a set of chemicals classified as Carcinogenic, Mutagenic or Reprotoxic (CMR) under GB Classification, Labeling and Packaging (CLP) Regulations. Relative to updates for toy products, notable changes to chemical requirements are listed below. Such chemical requirement updates in GB will further align with those requirements in the European Union (EU) Toys Safety Directive 2009/48/EC:

  1. The number of allergenic fragrances is expanded from 55 substances to 58 substances by adding atranol, chloroatranol and methyl heptane carbonate (Schedule 2, Part 3, Point 11). These allergenic fragrances are prohibited. However, if they are technically unavoidable under good manufacturing practice (GMP) and the acceptable concentration level of each fragrance is no more than 100 mg/kg is met, then their presence is allowed.
  2. The migration of aluminum is strengthened by 2.5-fold for all three categories of toy materials (Schedule 2, Part 3, Point 13)
  3. Aniline and formaldehyde are restricted in certain toys/toy materials (Schedule 2, Appendix C)

Two identified effective dates for toy products are highlighted:

  1. 15 December 2022 (specific to the migration of aluminum and the requirements of aniline and formaldehyde)
  2. 15 October 2022 (for stipulations other than those indicated above)

Excluding the stipulations for the three new allergenic fragrances, toys that are made available on the market prior to 15 October 2022, can be made available on the market until 15 December 2022.

Excluding the stipulations for aluminum, aniline and formaldehyde, toys that are made available on the market prior to 15 December 2022, can be made available on the market until 15 December 2023.

The proposed requirements of aluminum, aniline and formaldehyde are shown in the below tables.

Migration of Aluminum for toy materials (Schedule 2, Part 3, Point 13)
Regulation Category I (Dry, brittle, powder like or pliable) Category II (Liquid or sticky) Category III (Scraped-off) Effective Date
Toys (Safety) Regulation 2011 5625 mg/kg 1406 mg/kg 70000 mg/kg In force
Draft Toys and Cosmetic Products (Restriction of Chemical Substances) Regulations 2022 2250 mg/kg 560 mg/kg 28130 mg/kg 15 December 2022
Toys intended for children under 36 months or other toys intended to be placed in the mouth (Schedule 2, Appendix C)
Chemical Substances Requirement (Total content unless otherwise specified) Effective Date
Aniline
  • ≤ 30 mg/kg after reductive cleavage (textile and leather materials)
  • ≤ 30 mg/kg after reductive cleavage (finger paints)
  • ≤ 10 mg/kg free aniline (finger paints)
15 December 2022
Formaldehyde
  • ≤ 1.5 mg/L (migration, polymeric)
  • ≤ 0.1 ml/m³ (emission, resin-bonded wood)
  • ≤ 30 mg/kg (textile, leather and paper materials)
  • ≤ 10 mg/kg (water-based)
For More Information About This Story:
Contact: Alex Hui (Senior Technical Manager)
Phone: (852) 3185 8000
Email: regulatoryupdates@qima.com

France: Triman Symbol and Sorting Information for Textile Industry

New requirements of French regulations (article 17 of the French law on Fighting Against Waste and for the Circular Economy (AGEC) and Decree n° 2021-835 of 29 June 2021) have launched, thereby making sorting information and the Triman symbol required on Textile Articles of Clothing, Household Linen and Footwear; this criterion is to become mandatory on the French market beginning 1 February 2023. This new signage is part of the deployment of law n° 2020-105 of 10 February 2020, relating to the fight against waste and the circular economy.
Graphs and tables: Photo library, image bank, tables and infographics (refashion.fr)

View Story Read More

In accordance with requirements of French regulations article 17 of the French law on Fighting Against Waste and for the Circular Economy (AGEC) and Decree n° 2021-835 of 29 June 2021, two elements must be displayed:

  • The Triman symbol
  • Sorting information: Information specifying the sorting methods or deposit of waste resulting from the product. This is to be displayed on the product, its packaging, or failing this, contained in other documents supplied with the product (e.g., manual, instructions for use)

Example of logos (for clothing), consist of:

  • Triman symbol
  • Product categories
  • Self-deposit bank
  • URL link to the Ademe map
  • The letters FR specifying this measure is governed by French Regulations

Logos for clothing, household linen and footwear can be displayed alone, or together, and with self-deposit point(s) (symbols for container, store and association).

The Triman symbol and sorting information must be physically present when the customer purchases the item and can be displayed on different media:

  • on the textile label showing the fiber composition,
  • on the temporary label (such as the cardboard label or hangtag),
  • printed or embroidered onto the product,
  • on the packaging in which the product is sold to customers (name tag, box, bag, etc.) or
  • in the form of a sticker.

Important notes about implementation:

  • End of the transition period: 1 February 2023
  • End of the period to sell stocks of products: 1 August 2023

Stakeholders have until 1 February 2023 to put the information on products and until 1 August 2023 to ensure pre-existing stocks (products manufactured or imported before 1 February 2023) are also compliant.

For More Information About This Story:
Contact: Elaine Tam (Technical Consultant - Textile & Footwear)
Phone: (852) 3185 8000
Email: regulatoryupdates@qima.com

Europe Recalls Summary (01 April 2022 to 30 April 2022)

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 April 2022 to 30 April 2022 are summarized below:

View Story Read More
Hazards Frequency
Damage to Hearing 4
Injury Hazard 18
Chemical Hazard 79
Electric Shock Hazard 19
Choking Hazard 12
Burn Hazard 9
Fire Hazard 8
Health Risk Hazard 7
Microbiological Hazard 7
Other Hazards* 5

*Other Hazards include Suffocation Hazard, Drowning Hazard and Strangulation Hazard with a frequency of less than 4.


Product Categories Frequency
Toys and Childcare Products 31
Jewelry 30
Bodycare / Cosmetics 17
Machinery 3
Electrical Appliances 12
Home Electrical Appliances 5
Fabric / Textile / Garment / Home Textile 5
Chemicals 19
Protective Equipment 13
Other Categories* 9

*Other Categories include Household Items, Accessories, Sporting Goods / Equipment, Computer / Audio / Video / Other Electronics & Accessories, Outdoor Living Items, Stationery, Tools and Hardware and Machinery with a frequency of less than 3.


Notifying Country Frequency
Bulgaria 7
Germany 37
Finland 5
Hungary 9
Romania 13
Poland 17
Lithuania 8
Ireland 15
France 6
Belgium 7
Croatia 5
Other Countries* 15

*Other Countries include Norway, Slovakia, Austria, Czechia, Luxembourg, Italy and Latvia with a frequency of less than 5.


For a complete list click here


OCEANIA NEWS

Australia Recalls Summary (01 April 2022 to 30 April 2022)

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 April 2022 to 30 April 2022 are summarized below:

View Story Read More

Hazards Frequency
Injury Hazard 15
Microbiological Hazard 4
Fire Hazard 5
Risk of Allergy 4
Choking Hazard 2
Burn Hazard 2
Poisoning Hazard 2
Health Risk Hazard 2
Other Hazards* 3

*Other Hazards include Suffocation Hazard, Drowning Hazard and Skin Irritation Risk with a frequency of less than 2.


Product Categories Frequency
Tools and Hardware 2
Furniture 1
Food 10
Electrical Appliances 6
Toys and Childcare Products 1
Sporting Goods / Equipment 4
Accessories 2
Car Components 1

For a complete list click here


ASIA NEWS

China Recalls Summary (01 April 2022 to 30 April 2022)

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 April 2022 to 30 April 2022 are summarized below:

View Story Read More
Hazards Frequency
Health Risk Hazard 13
Chemical Hazard 6
Safety Risk Hazard 9
Skin Irritation Risk 4
Burn Hazard 11
Electric Shock Hazard 12
Fall Hazard 3
Swallowing Risk 3
Suffocation Hazard 4
Fire Hazard 10
Other Hazards* 8

*Other Hazards include Poisoning Hazard, Entanglement Hazard, Damage to Sight, Injury Hazard, Entrapment Hazard and Cut Hazard with a frequency of less than 3.


Product Categories Frequency
Protective Equipment 6
Bodycare / Cosmetics 2
Home Electrical Appliances 5
Food Contact Material 14
Furniture 3
Fabric / Textile / Garment / Home Textile 7
Stationery 2
Toys and Childcare Products 2
Electrical Appliances 6
Sporting Goods / Equipment 4
Household Items 2
Other Categories* 3

*Other Categories include Construction Products, Chemicals and Footwear with a frequency of less than 2.


Provinces Frequency
Anhui 15
Jiangsu 6
Guangdong 1
Hubei 6
Beijing 4
Guangxi 2
Shanxi 8
Shandong 8
Jiangxi 1
Yunnan 1
Hunan 4

For a complete list click here


MAY CONTRIBUTORS

Vivian Chan

Vincent Wong

Alex Hui

Elaine Tam

Need More Information?

We'll respond within 24 hours.

Checking...
Checking...
Checking...
Checking...
Checking...
Checking...
Checking...
Checking...
Checking...
Checking...
Checking...
Checking...

By contacting QIMA you agree to our privacy policy and terms and conditions

Subscribe to our Regulatory Updates

Receive a monthly update on product safety standards news.

 
Receive supply chain insights and updates from QIMA. You can always unsubscribe and manage your email preferences later.

By contacting QIMA you agree to our privacy policy and terms and conditions

Contact Us By Phone
Phone

Contact a local office


For any questions you may have:
+1 888 264 8988