October 2018 Regulatory Update

NORTH AMERICA NEWS

US State of Oregon Approves Amendments to Toxic Free Kids Rule

On September 11, 2018, the Oregon Health Authority approved orders PH 252-2018 and PH 253-2018, to amend the Toxic Free Kids Rule by updating the list of High Priority Chemicals of Concern (HPCCCH) for children’s products and the notification requirement (See Regulatory Recap: September 2018).

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According to the approved order, the list of HPCCCH is updated to include 5 new chemicals while removing 3 existing chemicals. The list of HPCCCH will contain 68 chemicals in total as of January 1, 2019.

5 new chemicals to be included

Chemical Name CAS Number
Bisphenol S 80-09-1
Triphenyl phosphate 115-86-6
Tris(1-chloro-2-propyl) phosphate 13674-84-5
Short-chain chlorinated paraffins 85535-84-8
2-ethylhexyl-2,3,4,5-tetrabromobenzoate 183658-27-7
3 previous chemicals to be removed
Chemical Name CAS Number
Phthalic anhydride 85-44-9
Octamethylcyclotetrasiloxane 556-67-2
Molybdenum and molybdenum compounds 7439-98-7

Furthermore, the order also updated the notification requirements, which were effective as of October 1, 2018, as below:

  • The number of children's products that contain HPCCCH either sold or offered for sale in Oregon shall be submitted once every two years.
  • The notification shall cover the period from January 1, 2018 through December 31, 2019.

US State of California City and County of San Francisco Publishes New Guidelines for Upcoming Flame Retardants Regulations

On June 21, 2018, the Regulation to Adopt Standards and Process for Establishments to Apply for Petition, SFE-18-01-FR, was approved by the Director of the Department of the Environment (DoE). The regulation provides guidelines to the signed Ordinance, No. 211-17 regarding the prohibition of flame retardants in upholstered furniture and juvenile products (See Regulatory Recap: December 2017).

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In the newly approved regulation, the below guidelines were provided for the ordinance:

  1. The compliance with the ordinance shall be determined relative to product types:
    1. Upholstered Furniture and Reupholstered Furniture
      Product shall be affixed with a label that meets the requirements of Section 19094 of the Business and Professions Code and states that the item does not contain flame retardant chemical(s).
    2. Upholstered Furniture Containing Electric / Electronic Components and Juvenile Products
      Demonstration of compliance shall be provided by retaining on file a written statement from the supplier that the product does not contain flame retardants. This statement should be made available for inspection upon request. It shall be submitted to the DoE within 30 days from the request day and it shall be available to a customer upon request.
    3. Any Covered Product
      Any person representing a group of establishments, product manufacturer or person representing a group of product manufacturers may submit a request to the DoE for alternate methods of compliance for either reupholstered upholstered furniture or juvenile products.
  2. Petitions and Waivers – Details were provided for how to apply for a petition/waiver
    1. Submitting a Petition
    2. Petition Deadlines
    3. Consideration for Petition by the Director of the Department
    4. Petitioner Filing on Behalf of Organization
    5. Duration of Waiver

US State of California Approves Prohibition for Certain Products Containing Flame Retardants

On September 29, 2018, Assembly Bill, AB 2998, Bloom. Consumer Products: Flame Retardant Materials, was approved by the governor. The bill introduced a new article to Chapter 3 of Division 8 of the Business and Professions Code to prohibit flame retardants in juvenile products, mattresses, reupholstered furniture and upholstered furniture.

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The requirements of the approved bill are summarized below:

  • A person including the manufacturer shall not sell or distribute in commerce the covered product which contains flame retardants at levels above 1000 ppm.
  • A custom upholsterer shall not repair, reupholster, recover, restore, or renew upholstered furniture or reupholstered furniture using replacement components that contain covered flame retardant chemicals above 1000 ppm.

The above prohibition does not apply to the following:

  1. Electronic components or any associated casing for electronic components
  2. Thread or fiber when used to stitch mattress components together
  3. Components of adult mattresses other than foam

Covered flame retardant chemicals are defined by the below criteria:

  1. A functional use for the chemical is to resist or inhibit the spread of fire or as a synergist to chemicals that resist or inhibit the spread of fire.
  2. The chemical belongs to one of the following groups:
    1. A halogenated, organophosphorus, organonitrogen or nanoscale chemical
    2. A chemical defined as a designated chemical in section 105440 of the Health and Safety Code
    3. A chemical listed on the Washington State Department of Ecology’s list of Chemicals of High Concern to Children (CHCC) and identified as a flame retardant or as a synergist to flame retardants in the rationale for inclusion in the list

The prohibition becomes effective January 1, 2020.


US CPSC Approves Adoption of Updated Hook-on Chairs Standard

On September 24, 2018, the Consumer Product Safety Commission (CPSC) issued a Direct Final Rule in the Federal Register 83 FR 48216 regarding the safety standard adoption for portable hook-on chairs. The rule amended 16 CFR 1233 to adopt the most recent version of the ASTM F1235-18 standard.

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On July 19, 2018, ASTM officially notified the CPSC that it had published the updated ASTM F1235-18, which includes one safety related revision:

  • The passive crotch restraint shall be installed on the product at the time of shipment in a manner such that it cannot be removed without the use of a tool

The rule will be effective January 15, 2019 unless significant adverse comments were received by October 24, 2018.


Health Canada Issues a New Regulation for Playpens

On October 3, 2018, Health Canada published a new playpen regulation SOR/2018-186 to strengthen the safety and performance requirements of playpens in Canada.

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In 2017, Health Canada proposed a revision of the Playpen Regulation to address the safety concerns of playpens in the market. This revision intends to align the current Canada regulation for Cribs, Cradles and Bassinets (SOR/2016-152) and applicable US requirements (16 CFR 1221).

Under the new regulation, a playpen is defined as a stand-alone product providing an enclosed area with sides, at least one of which is made of textile or other pliable materials, that are attached to its floor. The playpen should not have any structural components that are inflatable, and it is intended for children with a height of 90 cm or less.

Below is a summary of the key revisions in the new Playpen regulation:

  • Revision of the test method in the stability test, floor strength requirement and openings (finger entrapment) requirement
  • New requirements for mesh and fabric attachment strength, corner posts, deflection and strength of sides, hazardous projections, top rails including latching and locking mechanisms, false latch, top rail configuration, and top rail to corner post attachment and playpen accessories including entrapment hazards, side height, mattress pad thickness, integrity and sleep angle
  • Removal of current wheel/ caster requirements
  • New requirement for assembly, use instruction and warning labels for playpens

The new playpen regulation will be effective April 3, 2019 and the current Playpen Regulation, SOR/2016-189, will be repealed.


EUROPE NEWS

ECHA Approves Amendment of the Annex XVII List of Restrictions Introducing New Textiles Requirements

On October 10, 2018, the European Chemical Agency (ECHA) published Commission Regulation (EU) 2018/1513 to add Entry 72 Annex XVII of Regulation (EC) No. 1907/2006 Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). Certain chemicals will be added in Annex XVII as restricted substances in textiles and footwear.

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The following chemicals shall not be placed in clothing or related accessories, textiles products (defined as items that come into contact with skin to an extent similar to clothing) and footwear:

Substances CAS No. Limit (mg/kg)
Cadmium and its compounds - 1
Chromium VI compounds - 1
Arsenic compounds - 1
Lead and its compounds - 1
Benzene 71-43-2 5
Benz[a]anthracene 56-55-3 1
Benz[e]acephenanthrylene 205-99-2 1
benzo[a]pyrene; benzo[def]chrysene 50-32-8 1
Benzo[e]pyrene 192-97-2 1
Benzo[j]fluoranthene 205-82-3 1
Benzo[k]fluoranthene 207-08-9 1
Chrysene 218-01-9 1
Dibenz[a,h]anthracene 53-70-3 1
α, α,α,4-tetrachlorotoluene; pchlorobenzotrichloride 5216-25-1 1
α, α, α-trichlorotoluene; benzotrichloride 98-07-7 1
α-chlorotoluene; benzyl chloride 100-44-7 1
Formaldehyde 50-00-0 75
300 (only for jackets, coats or upholstery from November 1, 2020 to November 1, 2023)
1,2-benzenedicarboxylic acid; di-C 6-8-branched alkylesters, C 7-rich 71888-89-6 1000
Bis(2-methoxyethyl) phthalate 117-82-8 1000
Diisopentylphthalate 605-50-5 1000
Di-n-pentyl phthalate (DPP) 131-18-0 1000
Di-n-hexyl phthalate (DnHP) 84-75-3 1000
N-methyl-2-pyrrolidone; 1- methyl-2-pyrrolidone (NMP) 872-50-4 3000
N, N-dimethylacetamide (DMAC) 127-19-5 3000
N,N-dimethylformamide; dimethyl formamide (DMF) 68-12-2 3000
1,4,5,8- tetraaminoanthraquinone; C.I. Disperse Blue 1 2475-45-8 50
Benzenamine, 4,4'-(4- iminocyclohexa-2,5- dienylidenemethylene)dianiline hydrochloride; C.I. Basic Red 9 569-61-9 50
[4-[4,4'- bis(dimethylamino)benzhydryli dene]cyclohexa-2,5-dien-1- ylidene]dimethylammonium chloride; C.I. Basic Violet 3 with ≥ 0,1 % of Michler's ketone (EC no. 202-027-5) 548-62-9 50
4-chloro-o-toluidinium chloride 3165-93-3 30
2-Naphthylammoniumacetate 553-00-4 30
4-methoxy-m-phenylene diammonium sulphate; 2,4- diaminoanisole sulphate 39156-41-7 30
2,4,5-trimethylaniline hydrochloride 21436-97-5 30
Quinoline 91-22-5 50

The restriction does not apply to:

  • Clothing, related accessories or footwear that are made exclusively of natural leather, fur or hide
  • Non-textile fasteners and non-textile decorative attachments
  • Second-hand clothing, related accessories or footwear
  • Wall-to-wall carpets and textile floor coverings for indoor use, rugs and runners
  • Product that falls within the scope of Regulation (EU) 2016/425 Personal Protective Equipment and Regulation (EU) 2017/745 Medical Devices
  • Disposable Textiles which are designated to be used only once or for a limited time and are not intended for any subsequent use for the same or similar purpose

SASO NEWS

SASO Publishes New Technical Regulation for Textiles

On August 24, 2018, Saudi Standards, Metrology and Quality Organization (SASO) published the Technical Regulation of Textile Products (M.A. 164-18-05-02) in the official gazette.

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The technical regulation aims to lay out the basic requirements for textile products and the conformity assessment procedures that suppliers must comply with when they aim to make their products available in the Kingdom of Saudi Arabia markets.

The following products, excluding products designed for medical purposes or health claims, are under the scope of the technical regulation:

  • Products that contain at least 80% by weight of textile fibers, for example:
    • Blankets
    • Umbrellas
    • Sunshade coverings
    • The upper layer of multi-layered floor coverings
    • All mattress covers
    • All coverings of camping equipment
    • All textiles incorporated in other products and forming an integral part thereof, such as footwear, bags and head-covers

All textile products under the scope of the technical regulation are required to comply with the applicable SASO, GSO, international or regional standards listed in annex 1. The technical regulation also sets out the required certification scheme for issuing a Certificate of Conformity depending on the type of products:

  • Type 3 for children’s products and underwear
  • Type 1a for all other textile products

The technical regulation was released in the official gazette and will be enforced on February 24, 2019.


SASO and NEMA Sign Joint Technical Cooperation Program

On October 3, 2018, Saudi Standards, Metrology and Quality Organization (SASO) and American National Association of Electric Equipment Manufacturers (NEMA) signed a joint technical cooperation program regarding standards review and adoption.

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The cooperation is based on the review of NEMA’s standard by SASO and its use, re-issuance and adoption. Information will also be exchanged on technical specifications and safety, especially on electrical and other products used in hazardous sites such as petrochemical and industrial sites.


SASO Issues a New Standard for Lighting Products

On June 8, 2018, Saudi Standards, Metrology and Quality Organization (SASO) published SASO 2902:2018, Standard for Energy Efficiency, Functionality and Labelling Requirements for Lighting Products Part 2, in the official gazette, and published a new version of SASO 2870, Standard for Energy Efficiency, Functionality and Labelling Requirements for Lighting Products Part 1.

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Below is a table on products covered by SASO 2870 and SASO 2902

Product Luminous flux SASO 2870:2018 SASO 2902:2018
Incandescent Lamps 60-12000 x --
≥12000 -- x
Halogen Lamps 60-12000 x --
≥12000 -- x
Compact Florescent Lamps with Integrated Ballast (CFLi) 60-12000 x --
≥12000 -= x
LED lamps (Incandescent retrofit types) 60-12000 x --
≥12000 -- x
LED lamps (Halogen Retrofit type) 60-12000 x --
≥12000 -- X
Other LEDs not covered by SASO 2870 ≥60 -- X
Compact Fluorescent Lamps without Integrated Ballast (CFLni) ≥60 -- X
Fluorescent Lamps (all types) ≥60 -- X
High Intensity Discharge Lamps, such as Mercury Vapor Lamps, High/Low Pressure Sodium Lamps, Quartz / Ceramic Metal Halide Lamps ≥60 -- X
Control Gears for products under the scope of the standard - -- X
Lighting Products with a non-replaceable light source ≥60 -- x

In the two standards, the following requirements are covered:

  1. Energy efficiency
  2. Functionality
  3. Markings
  4. Energy Efficiency Label
  5. Hazardous chemical restrictions

Meanwhile, the only change in the new version of SASO 2870:2018 is the energy efficiency label being updated with a new design.

Currently, both SASO 2870:2018 and SASO 2902:2018 are voluntary, and SASO 2870:2015 is compulsory.


Saudi Arabian Authority Confiscates Counterfeit Tires

On September 16, 2018, the Saudi Arabia Minister of Commerce and Investment announced the confiscation of 30,000 used and expired tires for violating the Anti-Commercial Fraud Law.

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The confiscation is the result of an inspection campaign on auto tire shops and warehouses across all regions of the Kingdom of Saudi Arabia, launched by the Ministry of Commerce and Investment. 30,000 used and expired tires and related tools for the illegal acts were confiscated, and 25 warehouses, which were in violation, were being shut down.


Saudi Arabian Recall Summary

Three items were being recalled by the Saudi Arabia Ministry of Commerce recently, 1) Samsung air conditioner unit, 2) Ikea Ceiling Lamps and 3) Motor Vehicles.

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Details about the recall cases are as follows:

1. Samsung air conditioner unit

Model recalled: BORACAY (model number AR24MQFHRWKN) with serial number 0EZVPDBJ300001 to 0EZVPDCK100804
Reason for recall: Did not comply with the SASO standard and doesn’t meet the minimum energy efficiency requirement


2. Ikea ceiling lamps

Model recalled: CALYPSO with date stamps 1625 to 1744
Date of recall: September 26, 2018,
Reason for recall: Possibility of glass cover falling off the ceiling lamp


3. Motor Vehicles

Models recalled: YUKON, SUBURBAN, TAHOE, SILVERAD, ESCALADE, SIERRA of model year 2015
Reason for recall: Defect found in the electric power steering system, which may lead to difficulty in steering the vehicle


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