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.
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:
‘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
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.
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:
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.
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.
In February 2021, ASTM revised ASTM F2613-19. The resulting standard, ASTM F2613-21, includes the following changes:
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.
Other changes to the standard were minor or editorial in nature as described.
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.
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.
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.
On 18 May 2021, the Vermont Governor signed a nation-leading bill into law that restricts PFAS and other chemicals in certain consumer products.View Story Read More
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|
||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|
|Children’s products||Designated as CHCC (Chemical disclosure program)||1 July 2022|
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.View Story Read More
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
IEC 62115:2003/A2:2010 (Modified)
|EN IEC 62115:2020
EN IEC 62115:2020/A11:2020
|21 February 2022|
* 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.
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.View Story Read More
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;
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)|
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:View Story Read More
*Other Hazards include Fire Hazard, Health Risk Hazard, Electric Shock Hazard, Drowning Hazard, Entrapment Hazard with a frequency of less than 4.
|Toys and Childcare Articles||18|
|Home Electrical Appliances (Hair Dryer, Iron, etc.)||8|
|Sporting Goods / Equipment||8|
|Computer / Audio / Video / Other Electronics & Accessories||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
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