Eurofins | June 2019 regulatory Newsflash compilation | Consumer Products

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Europe

Recent publications by the European Commission

Below some recent publications European Commission (not exhaustive list):

Reference	Date	Title
PE 11 2019 INIT	08/05/2019	DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the reduction of the impact of certain plastic products on the environment. This draft describes circular approaches that give priority to sustainable and non-toxic re-usable products and re-use systems rather than to single-use products, aiming first and foremost to reduce the quantity of waste generated.
02017D1215-20190315	15/03/2019	Consolidated version: Commission Decision (EU) 2017/1215 of 23 June 2017 establishing the EU Ecolabel criteria for industrial and institutional dishwasher detergents. (notified under document C(2017) 4228).
02017D1214-20190315	15/03/2019	Consolidated version: Commission Decision (EU) 2017/1214 of 23 June 2017 establishing the EU Ecolabel criteria for hand dishwashing detergents (notified under document C(2017) 4227).
02017D1218-20190315	15/03/2019	Consolidated version: Commission Decision (EU) 2017/1218 of 23 June 2017 establishing the EU Ecolabel criteria for laundry detergents (notified under document C(2017) 4243).

France

Practical guides for consumer products

Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (DGCCRF) has published several guides about consumer products. Some examples as below (in French):

CPSC Issues Notification of Nicotine Packaging Test Parameters

On 8^th March 2019, the Office of Compliance and Field Operations at the U.S. Consumer Product Safety Commission (CPSC) issued a Notification of Nicotine Packaging Test Parameters that CPSC staff will use to assess compliance with the restricted flow provisions for liquid nicotine containers.

Child Nicotine Poison Prevention Act (CNPPA) PUBLIC LAW 114–116, in legal text, requires that any nicotine provided in a liquid nicotine container shall be packaged in accordance with the standards provided in 16 CFR 1700.15 including restricted flow (16 CFR 1700.15(d)).

The current letter from CPSC confirmed that they interpret the CNPPA to require flow-restrictors on nicotine e-liquid bottles but with test method from draft ASTM F02 Committee’s Standard Test Method for Assessing Non-Metered Restricted Delivery Systems for Liquid Consumer Products.

Testing parameters can be found in the following link.

US | Washington

Washington passes the strongest legislation on chemicals in consumer products

On 8^th May 2019, Washington’s governor signed into law SB5135 regulating toxic chemicals in consumer products. This law will become effective on 28^th July 2019.

Read more >>

US | New York

New York Passed Plastic Bag Ban

Recently, New York’s single-use plastic bag ban was signed into law and will take effect on March 1, 2020.

This new law prohibits most single-use plastic carry-out bags with following exemptions:

Bags solely used to wrap uncooked meat, fish, or poultry.
Bags used by a customer solely to package bulk items such as fruits and vegetables.
Bags used solely to contain food sliced or prepared to order.
Trash bags.
Food storage bags.
Bags for carryout or delivered food.

Now New York is the third State to ban single-use plastic bags statewide. California was the first state to enact single-use plastic bags ban in late 2016. And Hawaii has a de facto statewide ban because single-use plastic bags are prohibited in all of its most populous counties.

Click here for more information about New York’s ban from New York State website.

On the other hand, New Jersey has introduced an amendment to include paper bags in the bill S2776 which prohibits carryout bags made of plastic film, polystyrene foam food service products, and single-use plastic straws. It also assesses fee on paper carryout bags.

Click here for more information.

Canada

New requirements for Corded Window Covering

On 1^st May 2019, Health Canada approved Corded Window Coverings Regulations: SOR/2019-97. With this new regulation the Canadian requirements become more stringent than the US requirements.

The main requirements are:

Small parts: not detached when subject to a force of 90 N applied in any direction.
Lead content: ≤ 90 mg/kg.
Unreachable cords.
Reachable cord with one free end — length: ≤ 22 cm with a 35 N force.
Reachable cord between two consecutive contact points — length: ≤ 22 cm with a 35 N force.
Loop created by a reachable cord — perimeter: ≤44 cm with a 35 N force.
Two reachable cords: with a 35 N force:
- Length: ≤ 22 cm.
- Perimeter of the loop: ≤44 cm.
Information and Advertising.
Warnings: the following warning must appear on every corded window covering, the packaging, instructions and all of the advertisements:

WARNING

STRANGULATION HAZARD — Young children can be strangled by cords. Immediately remove this product if a cord longer than 22 cm or a loop exceeding 44 cm around becomes accessible.

MISE EN GARDE

RISQUE D’ÉTRANGLEMENT — Les enfants en bas âge peuvent s’étrangler avec des cordes. Enlevez immédiatement ce produit si une corde mesurant plus de 22 cm devient accessible ou si le contour d’une boucle de plus de 44 cm devient accessible.

Corded window coverings must meet the physical, chemical and labelling requirements specified in this Regulation from May 1, 2021.

China

Regulatory proposal notified to WTO

Below a summary table with some recent notifications to World Trade Organization (non-exhaustive):

Notification number / Link

Country

Title

G/TBT/N/CHN/1321

China

Administrative Rules on the Recall of Consumer Products.

This Administrative Rules specifies the scope, liability subjects and responsibilities of government authority and technical department of defective consumer products recall. It also stipulates the information management, defects investigation, operation and management of recall, legal liabilities of related bodies. It aims to further improve the administrative system of defective consumer products recall.