August 2018 Regulatory Update

NORTH AMERICA NEWS

US CPSC Approves Rule to Adopt Booster Seats Standard

On July 2, 2018, the US Consumer Product Safety Commission (CPSC) approved Final Rule 16 CFR 1237 in Federal Register 83 FR 30837 to adopt ASTM F2460-18, the safety standard for booster seats. The adopted standard will become mandatory for Booster Seats based upon the effective date. (See Regulatory Recap: June 2017).

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In the approved final rule, the newly published ASTM F2640-18 Standard Consumer Safety Specification for Booster Seats was adopted in order to reduce the chance of injury associated with booster seats which are defined as:

  • A juvenile chair, which is placed on an adult chair to elevate a child to a standard dining table height
  • Made for the purpose of containing a child, up to 5 years of age, and normally for feeding or eating
  • A booster seat that may be height adjustable and include a reclined position

With the intention of addressing the safety of booster seats used at home and restaurants, the new rule includes requirements to make sure the booster seats are properly operated and able to keep children safe while using them.

The final rule will become effective January 2, 2020.


US CPSC Approves Adoption of Baby Changing Product Standard

On June 26, 2018, the US Consumer Product Safety Commission (CPSC) approved rule 16 CFR 1235 in Federal Register, 83 FR 29672, regarding safety standard adoption for baby changing products.

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In the rule, the ASTM F2388-18 Standard Consumer Safety Specification for Baby Changing Tables for Domestic Use was adopted to improve the safety of baby changing products, which include:

  • Changing tables
  • Changing table accessories
  • Add-on changing units
  • Contoured changing pads

The standard addresses the hazard patterns associated with the use of baby changing products and includes requirements for structural integrity, restraint-system integrity and warnings on labels and in instructional literature.

The rule will enter into force on June 26, 2019.


US CPSC Approves Rule to Adopt Engineered Wood Products (EWP) Standard

On June 22, 2018, the US Consumer Product Safety Commission (CPSC) approved Final Rule 16 CFR 1252 in Federal Register 83 FR 30837 to exclude certain engineered wood products (EWP) from third party testing for compliance with the lead, heavy metals and phthalates requirements. (See Regulatory Recap: October 2017)

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Under the new rule, demonstration of compliance with lead, ASTM F963 elements, or specified phthalates through third-party testing is no longer required for specific EWP, which are untreated, unfinished, made from virgin wood or pre-consumer wood waste. Particleboard, hardwood plywood, and medium-density fiberboard are the examples in the exemption. Untreated EWP, unfinished EWP, virgin wood and pre-consumer wood waste are defined below:

  • Unfinished EWP: EWP without applying any surface treatment throughout the whole manufacturing process
  • Untreated EWP: EWP without the addition of finishes throughout the whole manufacturing process
  • Virgin wood: any wood logs, fibers, chips, or layers that have not yet been recycled
  • Pre-consumer wood waste: recycled wooden materials from the manufacturing process

Please note that compliance with the requirements still remains as the manufacturer’s liability although corresponding testing activities are not requested. The final rule came into force on July 23, 2018.


US State of Washington Issues Interim CAP for PFAS

In April, 2018, the Department of Ecology (DoE) and Department of Health (DoH) in the State of Washington published an interim Chemical Action Plan (CAP) for Perfluorinated and Polyfluorinated Alkyl Substances (PFAS).

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In the action plan, possible adverse effects on human health and environment caused by persistent, bio-accumulative, and toxic PFAS are addressed in this chemical action plan. With a view to reducing and eliminating the drawbacks of usage of these harmful chemical substances, four actions are recommended:

  • Ensure the safety of drinking water through rulemaking for limits on PFAS in drinking water supplies
  • Manage the PFAS contamination in the environment through develop soil and ground water cleanup level
  • Reduce the risks from firefighting foam for protecting the drinking water source
  • Investigate any other possible sources of PFAS contamination

The final CAP for PFAS is expected to be completed by the end of 2018.


US State of California City and County of San Francisco Bans New Fur Apparel and Accessories

On March 20, 2018, City and County of San Francisco approved a new ordinance (File no. 171317) to prohibit the sale and manufacture of new fur apparel and accessories within the city.

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Except for leather products, sheep or lamb skin products, non-apparel products and second-hand items, the prohibition applies to any fur products (defined as below) purchased from both retail stores and online retail stores.

  • Fur means any animal skin or part thereof with hair, fleece, or fur fibers attached thereto either in its raw or processed state
  • Fur product means any article of clothing or covering for any part of the body or any fashion accessory, including but not limited to handbags, shoes, slippers, hats, etc.

The ordinance of new prohibition will enter into force on January 1, 2019. Existing inventory of fur products purchased before the date of announcement can be sold until January 1, 2020, the effective date of banning.


Health Canada Approves Magnetic Toys Requirements

On July 11, 2018, Regulations Amending the Toys Regulations (Magnetic Toys), SOR/2018-138, were approved and published in the Canada Gazette. The amendments aim to coordinate the safety requirements for magnetic toys with the requirements in the United States (US) and European Union (EU).

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The requirements of magnetic toys aim to reduce the ingestion hazards, which have resulted in a number of serious incidents related to damage of children’s intestinal tissues. Therefore, an amendment has been made accordingly in Toys Regulations, SOR/2011-17. The key amendments are summarized below:

  1. Updated definitions
  2. Restricted the size and the attractive strength of magnetic toys or magnetic components of toys
  3. Added requirements for magnetic toys: any magnetic toy or magnetic component that is a small part must have a magnetic flux index of less than 0.5 T2mm2 and labelled with appropriate warnings, except a magnetic component that is:
    1. Necessary for the operation of motors, relays, speakers and other electrical components in a magnetic toy, provided that the magnetic properties are not part of the play or learning pattern of the toy; and
    2. Part of a kit intended for carrying out educational experiments involving both magnetism and electricity and intended for a child of at least 8 years of age
  4. Added testing methods for magnetic toys, magnetic components and magnetic flux index measurements

The updated Toys Regulations will enter into force on January 11, 2019.


EUROPE NEWS

EU Publishes Resolution for Implementation of Food Contact Material Regulations

On June 19, 2018, the European Union (EU) published a non-legal binding resolution under the Official Journal of the European Union, 2018/C 215/11, urging the European Commission (EC) to take initiative in the effective implementation of food contact materials regulations across EU Member States.

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Key proposals of the resolution are summarized below:

  • Addressing and prioritizing the development of EU specific measures for 13 non-harmonized food contact materials (FCMs), including adhesives, corks, rubber, glass, ion-exchange resins, metals and alloys, paper and board, printing inks, silicones, textiles, varnishes and coatings, wax and wood
  • Further research and study in the prevention of mineral oil contamination from paper and board FCMs
  • The appearance of non-intentionally added substances (NIAS) in the manufacturing of FCMs shall be properly considered and assessed under the current regulatory framework
  • Enhancing the consistency of the REACH regulatory system in order to make sure harmful chemicals listed in REACH are prohibited under FCM regulations as well
  • Establishing mandatory labelling and corresponding regulation for nanomaterial
  • Extending the requirement of declaration of Compliance (DoC) to all categories of FCMs

Europe Recalls Summary (January 2018– June 2018)

In Europe, when hazards are identified in consumer products, the products will be recalled and published in the Rapid Alert System, which is updated weekly. The European recalls for the months of January through June 2018 are summarized below:

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Hazards Frequency
Chemical Hazard Choking Hazard 275
Choking Hazard 175
Electric shock Hazard 127
Injury Hazard 80
Fire Hazard 56
Other Hazards* 116
*Other Hazards include Burn Hazard, Cut Hazard, Drowning Hazard, Entrapment Hazard, Environmental Hazard, Hearing Hazard, Microbial Hazard, Sight Hazard, Strangulation Hazard and Suffocation Hazard with a frequency of less than 40.

Product Categories Frequency
Toys and Childcare Articles 331
Cosmetics/ Bodycare 94
Lighting Equipment 65
Fabric / Textile / Garment / Home Textile 62
Computer / Audio / Video / Other Electronics & Accessories 46
Other Categories^ 124
^Other Categories include Candles & Burning Items and Accessories, Consumer Chemicals, Eyewear, Food Contact Material, Footwear, Furniture, Home Electrical Appliances (Hair Dryer, Iron, etc.), Homeware (Non-food Contact), Jewelry, Watch or other Fashion Accessories, Personal Protective Equipment (excluding eye protection), Sporting Goods / Equipment and Tools with a frequency of less than 45.

For the complete list click here.


EU CEN Amends EN 71-1 Related to Toys Mechanical Hazard

In June 2018, the European Committee for Standardization (CEN) published an amendment to EN 71-1. In the latest version (EN 71¬1:2014+A1:2018), new toy requirements on the mechanical hazard of cords and projectiles are introduced.

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Key changes are summarized below:

  • Expanded Scope and added new requirements to certain flying toys and toy slings and toy catapults supplied with projectiles
  • Added requirements and reference to EN 14682 for cords and drawstrings
  • Added new requirements for leading parts including suction cups
  • Introduced the principle of using kinetic energy density (KED) in assessing projectiles with stored energy and added new requirements
  • Added new requirements for flying toys, including rotors and propellers and certain remote-controlled flying toys
  • Clarified electrical cable requirements
  • Included new requirements for toys intended to be attached to a cradle, cot or perambulator
  • Included new requirements for sledges with cords for pulling
  • Updated warning requirements
  • Updated test methods
  • Other editorial changes

Upon harmonisation to Toys Safety Directive 2009/48/EC, the standard will become mandatory.


EU CEN Amends EN 71-3 Related to Toys Migration of Certain Elements

In June 2018, the European Committee for Standardization (CEN) published an amendment to EN 71-3. In the latest version (EN 71-3:2013+A3:2018), it incorporates the changes in migration limits of lead adopted in Directive (EU) 2017/738. (See Regulatory Recap: May 2017)

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In the standard, the following changes have been made to the migration limit of lead:

  Limit of Lead (mg/kg)
  Category 1 Category 2 Category 3
  Dry, brittle, powder-like or pliable toy material Liquid or sticky toy material Scraped-off material
Current lead migration limit (EN 71-3:2013+A2:2017) 13.5 mg/kg 3.4 mg/kg 160 mg/kg
New lead migration limit (EN 71-3:2013+A3:2018) 2.0 mg/kg 0.5 mg/kg 23 mg/kg

Apart from changes in the lead migration limit, the amendment also updates the test methods. Upon harmonisation to Toys Safety Directive 2009/48/EC, the standard will become mandatory.


ASIA NEWS

Indonesia Proposes Testing and Certification Requirements for Food Contact Paper

On April 18, 2018, Indonesia issued a draft decree, through World Trade Organization (WTO) notification, to propose a mandatory national standard for paper and paperboard materials that are intended to come into contact with foods.

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The proposed national standard requires food contact paper and paperboard products manufactured within Indonesia or imported, distributed and marketed in the country, to conform to SNI 8218:2015 and certify in accordance to the SNI Mark issued by the accredited certification body (LSPro).

Paper and paperboard materials and articles with the following HS codes and ICS numbers are affected by this proposed regulation.

  • HS 4804.39.20, HS 4804.42.10, HS 4804.49.10, HS 4804.52.10 and HS 4804.59.10
  • HS 480439, HS 480442, HS 480449, HS 480452 and HS 480459
  • ICS 55.040, 67.250 and 85.080

SASO NEWS

Saudi Arabia SASO and Customs Announces the Launch of the Second Phase of the Obligation of IECEE Certificates for Certain Electronic Products

On July 5, 2018, the Saudi Standards, Metrology and Quality Organization (SASO) and the Customs of the Kingdom of Saudi Arabia, issued an announcement related to the start of the Second Stage of Obligation of Recognition Certificate of IECEE Certificate on a list of several electronic products.

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The list of several electronic products for the second stage of obligation of SASO Recognition Certificate is updated and became effective on August 1, 2018. The products are as follows:

  • Mobile Phones Batteries
  • Water Pumps
  • Dishwashers
  • TV Sets
  • Laptops
  • Electronic Watches

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