September 2017 Regulatory Update

NORTH AMERICA NEWS

US Overview of Changes in ASTM F963-17 Toy Safety Standard

On August 24, 2017, a new version of toys safety standard, ASTM F963-17, was published. Later on September 1, 2017, the Consumer Product Safety Commission (CPSC) was notified by ASTM of the updated standard publication. The revision summary is listed below:

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According to the Consumer Product Safety Improvement Act (CPSIA), the updated standard will be enforced and become mandatory 180 days after ASTM has notified the Consumer Product Safety Commission (CPSC) of the update. However, the CPSC may reject the revision within 90 days.

Time line:



The following requirements or test methods are amended:

Section Requirements Amendment Summary
3.1.20 Terminology -   Modified definition of “Cosmetics” to clarify that
cosmetics applied to toys are not subject to FDCA labeling
requirements
-   Removed definition: “Driving Mechanism”, since
this word does not appear in current version
4.3.6.1 Microbiological Safety -   Specified bacteriological standard to be used for
process water:
  • USP 35(1231); and
  • EPA 40 CFR 141.63
4.21 Projectile Toys -   New Exemption to Kinetic Energy Density (KED)
requirements for Projectiles having kinetic energy less than
0.08 J (when tested)
4.25 Test Method for Toys
which Produce Noise
-   Clarified that PTC resistors are “not” short circuited
-   Clarified that “floor and tabletop” toys that move
do not include push/pull toys
- Other editorial changes ---

US CPSC Approves New Federal Standard for Infant Bouncer Seat

On September 7, 2017, the Consumer Product Safety Commission (CPSC) approved final rule, 16 CFR 1229, to adopt ASTM F2167-17 with modifications related to the warning label. ASTM F2167-17 is the mandatory safety requirement for infant bouncer seats. Its main intent is to reduce the risk of injury to infants that fall from, and with, bouncer seats.

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According to the standard, an infant bouncer seat is defined as:

  1. A freestanding product intended to support an occupant in a reclined position to facilitate bouncing by the occupant, with the aid of a caregiver or by other means, and
  2. A product intended for infants who have not developed the ability to sit up unassisted (approximately 0 to 6 months of age).

The final rule adopts ASTM F2167-17 and there are two modifications to the requirements of the standard:

  1. The rule requires an additional warning statement to caregivers to use the restraints “Even if an infant falls asleep”.
  2. The rule also requires the fall hazard warning to be placed on the upper seat back of the bouncer seat to ensure that caregivers read and heed the warning

EPA Details Status for Reformed TSCA Regulation

On June 22, 2017, one year after the reformed Toxic Substances Control Act (TSCA) was signed into law, the Environmental Protection Agency (EPA) announced that the Agency has met its first-year statutory responsibilities and deadlines. Meanwhile, the EPA released scope documents for the first 10 risk evaluated chemicals.

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Within the year, the EPA has implemented below activities, including the release of scope document, to fulfil its responsibilities:

No. Document type Detail
1 Scope documents for the first 10 risk evaluated
chemicals which the evaluations were initiated
in late 2016 (See Regulatory Recap: January 2017).
Each scope document includes the following:
  • -  identifying the uses of the
    chemicals that will be evaluated and how
    the evaluation will be conducted
  • -  The chemical’s hazards and exposures
  • -  Conditions of use
  • -  Potentially exposed or susceptible
    sub populations the EPA expects
2 Three finalized rules Finalized a rule to establish EPA’s process and
criteria for identifying high priority chemicals for
risk evaluation and low priority chemicals for which
evaluation is not needed.
Finalized second rule to establish EPA’ process for
evaluating high priority chemicals to determine
whether or not they present an unreasonable risk to
health or the environment.
Finalized third rule to require industry reporting of
chemicals manufactured or processed in the US
commerce over the past 10 years.
3 A guidance document for external parties Released guidance for any external parties
interested in submitting draft risk evaluation to the
EPA for consideration.

Updates of ASTM Standards

Below is a summary of recently updated ASTM standards:

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ASTM Standard
No.
Detail
ASTM F2167-17 Standard Consumer Safety Specification for Infant Bouncer Seats
Covers the performance requirements, methods of test and marking
requirements to promote safe use of an infant bouncer seat by an
occupant and a caregiver.
ASTM F2613-17 Standard Consumer Safety Specification for Children's Chairs and
Stools
establishes testing requirements for structural integrity and
performance requirements for children’s chairs and stools. It also
provides requirements for labeling.
ASTM F963-17 Standard Consumer Safety of Toys relates to possible hazards that
may not be recognized readily by the public and that may be
encountered in the normal use for which a toy is intended or after
reasonably foreseeable abuse

US State of California Proposition 65: Recent 60-Day Notices

In 1986, California voters approved an initiative titled California Proposition 65 to address their growing concerns about exposure to toxic chemicals. Since its origin, there have been many lawsuits that have resulted in reformulations of consumer products containing carcinogenic and reproductively harmful chemicals on the Cal Prop 65 list.

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Recent 60-day notices from June to August of 2017 include the following:

Chemical Product / Source Number of
Notices
1,4-Dioxane Shampoo 2
Acrylamide Foods 79
Asbestos, Talc containing
asbestiform fibers
Baby Powder 1
Bisphenol A (BPA) Food container: Polycarbonate
Cup/Goblet/Salad Server / Blender Container/
Coffee Decanter/ Punch Bowl / Scoop Plate /
Margarita Glass
8
Thermal Paper 2
Cadmium Foods / Jewelry 6
Cadmium and cadmium
compounds, Lead and lead
compounds
Food powder / Chocolate 4
Dietary Supplements 5
Di(2-ethylhexyl)phthalate (DEHP) Armband 2
Bag/Cosmetic Bag/Pouch/Wallet/Wristlet/ID
Badge/Case
20
Bags/Pouches/Cases/Storage cases with
vinyl/PVC component
6
Cable/Cords/Wire with Vinyl/PVC Component 7
Fitness Case/Fitness Belt/Foam Roller/Float/Dry
Bag
9
Gloves/Headphone with Vinyl/PVC Components 12
Inflatable Bath Pillow With Suction Cups/
Jewellry boxes with Polymer Handle/Keyring
3
Kitchen Utensil Grips/Trays with Vinyl/PVC
Components
2
Pillcase/Raincoats/Sandals/Suction Cups 9
Tools with polymer/PVC component 7
Vinyl/PVC Aprons/Mat/Ponchos/Toilet
Seats/Tubes and Hoses/ Zipper Pulls
17
Di(2-ethylhexyl)phthalate (DEHP),
Di-isodecyl phthalate (DIDP),
Diisononyl phthalate (DINP)
Vinyl bedding storage cases 1
Di(2-ethylhexyl)phthalate (DEHP),
Di-isodecyl phthalate (DIDP), Di-
n-butyl phthalate (DBP),
Diisononyl phthalate (DINP), Lead
Bags with Vinyl/PVC Components 1
Di(2-ethylhexyl)phthalate (DEHP),
Diisononyl phthalate (DINP)
Bag/Armband/Case/ Bags with Vinyl/PVC
components
5
Fishing lure/ Spring Clamps with vinyl grips and
tips/ Vinyl bedding storage cases
4
Di(2-ethylhexyl)phthalate (DEHP),
Diisononyl phthalate (DINP), Lead
Cords/Tool Pouches with Vinyl/PVC Component 1
Di(2-ethylhexyl)phthalate (DEHP),
Di-n-butyl phthalate (DBP), Lead
Hammers 2
Di(2-ethylhexyl)phthalate (DEHP),
Lead and lead compounds
Tools with Vinyl/PVC component 5
Diisononyl phthalate (DINP) Armband/ Bag/Pouch/Waist Pack/Case 10
Cable/Cords with Vinyl/PVC Component /
Power Strip/Cable/Phone Charging Wallet
6
Fishing Tools 8
Umbrella/ Vinyl apron/storage cases/gloves 5
Di-n-butyl phthalate (DBP) Sandals 6
Lead Adapter / Brass parts 7
Ceramics / Glasses 3
Copper drinkware with brass components 8
Dietary Supplements / Food 28
Padlocks/Parts/Fittings/Valves 23
Tools/ Weight sets 3

US State of Maine Approves Act to Prohibit Flame Retardant in Upholstered Furniture

On August 2, 2017, Maine legislature have approved legislative document LD 182, which will be written into law. This Act is to protect Firefighters by establishing a prohibition on the sale and distribution of new upholstered furniture containing certain flame retardant chemicals. The Act prohibits the sales and distribution of new upholstered furniture containing more than 0.1% of flame retardant chemicals (See Regulatory Recap: May 2017).

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Beginning January 1, 2019, the Act prohibits the sale or distribution of upholstered furniture for promotional purposes containing flame retardants more than 0.1% in its:

  • -   Fabric, or
  • -   Other covering, or
  • -   Cushioning materials

A restricted flame retardant is defined as any chemical or chemical compound to resist or inhibit the spread of fire. It includes, but is not limited to, halogenated, phosphorus-based, nitrogen-based and nanoscale flame retardants.


State of New York Albany County Enforces the Updated Toxic Free Toys Act

Recently in the summer of 2017, the Albany County Department of Health (DoH) issued an updated Local Law No. 2015 “Toxic Free Toys Act”, Letter to Retailers and Frequently Asked Question (FAQ) related to the Toxic Free Toys Act (Local Law No. 1 for 2015) (See Regulatory Recap: June 2016). They both clearly stated that the enforcement of the Act will begin on November 1, 2017.

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In the letter to retailers, DoH states the enforcement date of the act will begin on November 1, 2017 and suggests retailers to understand the act through reading the FAQ which provides further information and clarification, such as, exempted products, penalties for violation, definition of children’s product etc.

This act applies to children’s products and children’s apparel in general and there are 5 chemicals restricted as below:

Chemicals Local Law 1 for 2015
Antimony ≤ 60 ppm
Arsenic ≤ 25 ppm
Cadmium ≤ 75 ppm
Lead ≤ 90 ppm (paints or similar surface coatings)
-------------------------------------
≤ 100 ppm (accessible substrates)
Mercury ≤ 60 ppm

Compared to previous adopted version (See Regulatory Recap: June 2016). Two chemicals, Cobalt and Benzene, are removed from the toxic content restriction. Instead, for cobalt, the DoH will actively monitor ongoing research and development. Testing will be required when there is more hazard data and information available. For benzene, it is currently monitored in drinking water and in air by Federal agencies including the Environmental Protection Agency (EPA) which has already specified hazardous limits in consumer products.


Health Canada Proposes New Corded Window Coverings Regulation

On June 17, 2017, the Health Canada (HC) proposed Corded Window Coverings Regulations through Canada Gazette. The proposed regulations will repeal current Corded Window Coverings Regulations, SOR/2016-172.

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Instead of referencing to national standard in the current regulation, SOR/2016-172, the proposed regulations establish specifications to corded window coverings and they are summarized below:

  1. Small parts
  2. Lead content
  3. Unreachable cords
  4. Reachable cord (one free end and two consecutive contact points
  5. Loop created by reachable cord
  6. Two reachable cords
  7. Information and advertising
  8. Instructions and warning

The regulation shall come into force six months after the day they are published in the Canada Gazette, Part II.


Canada Opens Consultation on the Proposed Regulatory Approach Regarding Formaldehyde in Composite Wood Products

In August, Canada Environment and Climate Changes opens a consultation on the proposed regulatory approach to reduce the emission of formaldehyde from composite wood products. The regulation is intended to be proposed through Canada Gazette later in 2018.

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The proposed regulatory approach aims to reduce formaldehyde exposure from indoor air.

In the proposed regulatory approach, it is required that all composite wood products, including laminated products and finished goods made from composite wood products, comply with emission standards for formaldehyde. The Government of Canada is considering the CSA standard and regulatory approach taken in US and other jurisdictions as models for designing the proposed regulation.


ASIA NEWS

China MIIT Proposes Draft Compliance Catalog and Exemption List for China RoHS 2

On June 29, 2017, China Ministry of Industry and Information Technology of the People’s Republic of China (MIIT) published a draft Compliance Catalog and Exemption List for China Administrative Measures for Hazardous Substances in Electrical and Electronic Product (RoHS 2). The documents aim to help the industry to achieve the goal of China RoHS 2 to lower the risk from hazardous substances.

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There are two documents drafted and they are summarized below:

  1. The drafted Compliance Catalog defines various household appliances and electronic devices which are within the scope of China RoHS 2.
  2. The drafted exemption list specifies limits for restricted heavy metals according to the product type. It also lists the products for which the restriction does not apply.

China Standards – Summary of Updates

Recently, the China Standardization Administration of the People’s Republic of China (SAC) publishes several Notices regarding updates to China standards, including newly issued standards and revised standards. The standards cover different consumer products including, but not limited to, textiles and footwear.

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Some examples of the updated standards are listed below:

Standard No. Standard Names Effective Date
GB/T 2660-2017 Shirts and blouses December 1, 2017
GB/T 2662-2017 Cotton Clothing December 1, 2017
GB/T 2667-2017 Shirt Specifications December 1, 2017
GB/T 4146.2-2017 Textiles—Man-made fibers—Part 2: Terms of products December 1, 2017
GB/T 8629-2017 Textiles—Domestic washing and drying procedures for textile
testing
December 1, 2017
GB/T 22756-2017 Leather sandals December 1, 2017
GB/T 24218.16-2017 Textiles—Test methods for nonwovens—Part 16: Determination
of resistance to penetration by water (hydrostatic pressure)
December 1, 2017
GB/T 24218.17-2017 Textiles—Test methods for nonwovens—Part 17: Determination
of resistance to penetration by water (spray impact)
December 1, 2017
GB/T 33610.2-2017 Textiles—Determination of deodorant property—Part
2:Detector tube method
December 1, 2017
GB/T 33611-2017 Textiles—Determination of short chain 4-(1,1,3,3-
tetramethylbutyl)phenol ethoxylate
December 1, 2017
GB/T 33618-2017 Textiles—Test method for visible smoke release and heat
release properties during combustion process
December 1, 2017
GB/T 33729-2017 Textiles—Tests for colour fastness—Cotton rubbing cloth December 1, 2017
GB/T 33734-2017 Woven bedding for infants December 1, 2017

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