June 2021 Regulatory Update

NORTH AMERICA NEWS

USA: Nevada regulates PFAS and Organohalogen Flame Retardants in Class B Firefighting Foam, Certain Children's Products and Textile Products

On 27 May 2021, the Governor of the state of Nevada signed Assembly Bill No. 97 into law to regulate the below substances:
Perfluoroalkyl and polyfluoroalkyl substances (PFAS), effective on 1 January 2022.
Organohalogenated (OFRs) flame retardants, effective on 1 July 2022.

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  • This bill prohibits, with certain exceptions, a person, political subdivision, local government or state or local agency from discharging, using or releasing, or allowing its employees or independent contractors to discharge, use or release, Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) for testing or firefighting training purposes. The prohibition applies from 1 January 2022.
  • This bill also prohibits, with certain exceptions, the knowing manufacture, sale, offering for sale, distribution for sale or distribution for use of a children’s product, upholstered residential furniture, residential textile, business textile or mattress containing any flame-retardant organohalogenated chemical in any product component in amounts greater than 1,000 ppm. The prohibition applies from 1 July 2022.

According to the definitions in the Act, ‘perfluoroalkyl and polyfluoroalkyl substances (PFAS)’, ‘children’s product’, ‘residential textile’ and ‘upholstered residential furniture’ have the following meaning:

‘Perfluoroalkyl and polyfluoroalkyl substances (PFAS)’ means a family of fluorinated organic chemicals with at least one fully fluorinated carbon atom

‘Children’s product’ means a product primarily designed or intended to be used by or for a child under 12 years of age, but does not include:

  1. A tent or sleeping bag
  2. Consumer electronic products and components or products complying with Directive 2002/95/EC of the European Union (currently Directive 2011/65/EU, RoHS Recast)
  3. Devices within the meaning of the Federal Food, Drug and Cosmetic Act (21 U.S.C § 321 (h)
  4. Food, beverage, dietary supplement, pharmaceutical or biological products
  5. Outdoor sports equipment
  6. Toys meeting the latest version of ASTM F963 ‘Standard Consumer Safety Specification for Toy Safety’

‘Residential textile’ means a textile designed for residential use as a covering on windows or walls

‘Upholstered residential furniture’ means furniture with padding, coverings and cushions intended and sold for use in a residence

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

The U.S. Consumer Product Safety Commission (CPSC) has approved a new Federal rule (16 CFR 1236) for Infant Sleep Products

On 2 June 2021, the CPSC has approved a new federal rule that will ensure that products marketed or intended for infant sleep will provide a safe sleep environment for babies under 5 months old.
This new rule will become effective in Mid-2022.

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The new federal safety rule incorporates the most recent voluntary standard developed by ASTM International (ASTM F3118-17a, Standard Consumer Safety Specification for Infant Inclined Sleep Products), with modifications to make the standard more stringent.

The modification includes:

  • Modify the introduction and scope of the standard to state the purpose of the standard is to address all infant sleep products not already covered by traditional sleep product standards.
  • Modify the definitions of accessory, compact, infant inclined sleep products, and newborn inclined sleep products to remove the term “inclined”.
  • Modify seat back angle so the maximum allowable seat back angle must be equal to or less than 10° in all positions recommended for sleep.
  • Add new requirement – infant sleep product must meet 16 CFR 1218 Safety Standard for Bassinets and Cradles.
  • Remove all the performance requirements except for the above new or modified requirements.
  • Remove all test methods except for maximum seat back angle.

The new standard requires infant sleep products that do not already meet the requirements of an existing CPSC sleep standard be tested to confirm that the angle of the sleep surface is 10 degrees or lower and that they comply with the safety standard for bassinets and cradles.

The new rule does not extend to items that are expressly not intended or marketed for infant sleep, such as swings and car seats.

After the rule becomes effective, the manufacturers and importers must certify that their products comply with applicable children’s product safety standards, and the certification must be based on testing by a third party.

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

The U.S. Consumer Product Safety Commission (CPSC) has adopted ASTM F2613-21 in Direct Final Rule

On 17 May, 2021, the CPSC published a direct final rule for the mandatory standard for children’s folding chairs and stools to incorporate by reference ASTM F2613-21 of Federal regulation codified at 16 CFR 1232.
This rule will become effective 21 August 2021.

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In February 2021, ASTM revised ASTM F2613-19. The resulting standard, ASTM F2613-21, includes the following changes:

Substantive Change
ASTM F2613-21 makes one substantive change to the standard by updating the definition of stools in the standard to include ottomans. The Commission finds the substantive change made in ASTM F2613-21 to be an improvement to safety as it clarifies the standard’s scope to include ottomans, a product previously not clearly subject to the mandatory standard.

Non-Substantive Changes
Other changes to the standard were minor or editorial in nature as described.

  • Clarification that infant /toddler rockers are not included within the scope of the standard, because infant/toddler rockers are subject to a different voluntary standard, ASTM F3084-20, Standard Consumer Safety Specification for Infant and Infant/Toddler Rockers.
  • Removal of a previous version of a locking test method that is no longer referenced in ASTM F2613-21. The ASTM F2613-21 standard contains the current latching and locking test method that is similar to a previous version of a locking test method. Although removal of the previous version of the test method was included on an ASTM ballot, when ASTM published F2613-19, the previous locking test method was inadvertently retained in the test method section of the standard. There are no performance requirements associated with the previous locking testing method and the test method is not currently being used for testing products to the standard. Therefore, ASTM F2613-21 removed this unused test method.

The Commission finds that all of the non-substantive changes in ASTM F2613-21 are editorial in nature, and therefore, neutral regarding safety, and thus do not affect the safety of children’s folding chairs and stools.

Because children’s folding chairs and stools are children’s products, samples of these products must be tested by a third party conformity assessment body whose accreditation has been accepted by CPSC and certified as complying with all applicable CPSC requirement.

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

The U.S. Consumer Product Safety Commission (CPSC) has adopted California Technical Bulletin (TB) 117-2013 in Direct Final Rule

On 9 April 2021, the CPSC published a direct final rule mandating the flammability standard of upholstered furniture outlined in, California TB117-2013 under Federal regulation codified at 16 CFR 1640.
This rule will become effective 25 June 2021.

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This new rule establishes the standard for flammability of upholstered furniture, as set forth by the Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation of the Department of consumer affairs of the State of California in technical Bulletin 117-2013, entitled “Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture,” published June 2013.

Each manufacturer of a product that is subject to the California standard shall include the statement “Complies with U.S. CPSC requirements for upholstered furniture flammability” on a permanent label located on the product which shall be considered to be a certification that product complies with the standard.

The standard does not apply to mattresses, foundations, bedding products and furniture that was intended exclusively for physical fitness or exercise purposes.

All upholstered furniture manufactured, imported, or reupholstered on or after 25 June 2021 must comply with the flammability test requirement (TB117-2013).

Compliance with the labeling requirement in § 1640.4 must begin by 25 June 2022, and applies to upholstered furniture manufactured, imported, or reupholstered on or after that date.

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

USA: Vermont Restrict PFAS and Other Chemicals in Certain Consumer Products

On 18 May 2021, the Vermont Governor signed a nation-leading bill into law that restricts PFAS and other chemicals in certain consumer products.

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On 18 May 2021, the Vermont Governor signed S.20 into law that restricts the sale of certain consumer products contain PFAS and other toxic chemicals, in addition to amending the list of chemicals of high concern to children (CHCCs) for reporting in children’s products.

According to the Act No. 36 (S.20), PFAS (Perfluoroalkyl and polyfluoroalkyl substances) means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. The ‘the certain consumer products’ reference includes certain firefighting foams and equipment, food packaging, ski wax, kids’ products, rugs and carpets.

The law takes effect on 1 July 2021, with restrictions on certain products going into effect over the next several years.

Table 1. Highlights of the act.

Substance Covered Products Requirement Effective Date
PFAS Personal protective equipment A manufacturer or other person needs to provide notice to the purchaser at the time of sale if the personal protective equipment contains PFAS. The notice shall include a statement that the PPE contains PFAS and the reason PFAS are added to the equipment. 1 July 2021
PFAS Class B firefighting foams Prohibited. 1 July 2022
PFAS
  • Residential rugs and carpets
  • Aftermarket stain and water-resistant treatments for rugs or carpets
  • Ski wax
Prohibited. 1 July 2023
PFAS Class B firefighting foams for use at a terminal Prohibited. 1 January 2024
PFAS Food packaging Prohibited. 1 July 2023
Bisphenols Department of Health (DOH) may adopt rules for prohibition. 2 years after DOH has adopted rules
Phthalates Prohibited. 1 July 2023
PFHxS
PFHpA
PFNA
Children’s products Designated as CHCC (Chemical disclosure program) 1 July 2022
For More Information About This Story:
Contact: Andy Choi (Senior Manager)
Phone: (852) 3185 8045
Email:regulatoryupdates@qima.com

EUROPE NEWS

EU: Harmonised Standards for Presumption of Conformity with Toy Safety Directive is Updated

On 31 May 2021, the EU published the latest list of harmonised standards which give presumption of conformity with Directive 2009/48/EC. There is a six-month and nine-month transitional period for usage of the previous version standards until November 2021 and February 2022, depending on the standards.

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The latest list of harmonised standards includes the below:

Toys Superseded Test Standards Updated Harmonized Testing Standard Date of Withdrawal of the Superseded Standards
Finger paints EN 71-7:2014+A2:2018 EN 71-7:2014+A3:2020 28 November 2021
N-nitrosamines and N-nitrosatable substances for toys/parts of toys containing elastomers and finger paints EN 71-12:2013 EN 71-12:2016* 28 November 2021
Electric toys EN 62115 :2005
IEC 62115:2003 (Modified) + A1:2004
EN 62115:2005/A11:2012/AC:2013
EN 62115:2005/A11:2012
EN 62115:2005/A12:2015
EN 62115:2005/A2:2011/AC:2011
EN 62115:2005/A2:2011
IEC 62115:2003/A2:2010 (Modified)
EN IEC 62115:2020
EN IEC 62115:2020/A11:2020
21 February 2022

Note:
* The limit values set in Directive 2009/48/EC are the limit values to be complied with. N-nitrosamines is 0.05 mg/kg and N-nitrosatable substance is 1 mg/kg.

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

EU: Aniline is included in Toy Safety Directive Appendix C

EU published Commission Directive (EU) 2021/903 which is an amendment to EU Toy Safety Directive (TSD) Directive 2009/48/EC (EU TSD) on 4 June 2021 to add aniline in the Appendix C to Annex II to EU TSD. The effective date is 5 December 2022.

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Aniline is added as the 12th substance in the Appendix C to Annex II to EU TSD. Other substances include preservatives, flame retardants, monomers, foaming agents, etc.

Below table summarizes the requirements for aniline in different situations.

Substance CAS no. Scope Materials Requirements Effective date
Aniline 62-53-3 Toys intended for children under 36 months;
Or
other toys intended to be placed in the mouth
Textile or leather 30 mg/kg (after reductive cleavage) 5 December 2022
Finger paints 10 mg/kg (free)
30 mg/kg (after reductive cleavage)
For More Information About This Story:
Contact: Andy Choi (Senior Manager)
Phone: (852) 3185 8045
Email: regulatoryupdates@qima.com

AUSTRALIA NEWS

Australia Recalls Summary (2 February 2021 – 6 June 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 2 February, 2021 – 6 June 2021 are summarized below:

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Hazards Frequency
Injury Hazard 36
Choking Hazard 10
Suffocation Hazard 9
Burn Hazard 7
Other Hazards* 19

*Other Hazards include Fire Hazard, Health Risk Hazard, Electric Shock Hazard, Drowning Hazard, Entrapment Hazard with a frequency of less than 4.


Product Categories Frequency
Toys and Childcare Articles 18
Home Electrical Appliances (Hair Dryer, Iron, etc.) 8
Sporting Goods / Equipment 8
Other Categories^ 7
Computer / Audio / Video / Other Electronics & Accessories 5
Furniture 5
Personal Protective Equipment 3

^Other Categories include Cosmetics, Food Contact Material, Chemical, Fabric / Textile / Garment / Home Textile with a frequency of less than 2.


For a complete list click here


JUNE CONTRIBUTORS

Andy Choi

Vivian Chan

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