Eurofins Softlines & Leather Monthly Bulletin (Feb 2021)

EUROPE

Updates to EU standards for safety of children's clothing: CEN/TS 17394-1:2021, CEN/TS 17394-3:2021 and CEN/TS 17394-4:2021

Published in January 2021, CEN/TS 17394-1:2021, CEN/TS 17394-3:2021 and CEN/TS 17394-4:2021, together with EN 17394-2: 2020, on test methods and specification by CEN (European Committee for Standardization) will replace the test methods and requirements of the CEN/TR 16792.

Read full article.

Nonylphenol and its ethoxylates restriction

On 3^rd February 2021, the Nonylphenol and its ethoxylates (NPEs) restriction came into effect for textile articles. NPEs concentrations equal to or greater than 0.01 % by weight are not allowed in any textile articles or their constituent parts. This does not apply to second-hand textile articles or new textile articles produced, without the use of NPE, exclusively from recycled textiles.

The aim of this restriction is to reduce the quantity of NPEs released into the environment through wastewater via the washing of textile articles which contain these substances. NPEs are toxic to animals and plants living in surface waters.

To read the official publication by The European Commission (Regulation (EU) 2016/26), click here.

Standards updates

The below table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):

(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.

CEN
Reference	Title	*Date of withdrawal ()**	Supersedes
EN ISO 21765:2021	Textiles - Determination of fabric deformability by forced mechanical distension (ISO 21765:2020)	2021-07-31

Regulatory proposals notified to WTO

The below table summarises the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive):

Notification number

Countries

Title

G/TBT/N/DNK/109

Denmark

Bekendtgørelse om mærkning af fodtøj og etikettering og mærkning af tekstilprodukter

The executive order implements Directive 94/11 / EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to labelling of the materials used in the main components of footwear for sale to the consumer, and supplements Regulation 1007/2011 of the European Parliament and of the Council on textile fibre names and related labelling and marking of the fibre composition of textile products. The executive order lays down requirements for retailers who place footwear on the market or make it available on the market. In addition, language requirements are set for the labelling and marking of textile products and sanctions imposed for breaches of the rules.

SPAIN

New order for hygienic mask

On 13 February, the Spanish Ministry of Consumer Affairs published order CSM / 115/2021, which establishes the information and marketing requirements for hygienic masks. This order will replace the Order SND / 354/2020 on 19^th April 2021.

The main points of this CSM / 115/2021 order are:

The term ‘hygienic mask’ excludes any other type of mouth guard as defined in the laws applicable to Medical Devices or Personal Protective Equipment.
The masks must be tested by an accredited laboratory (UNE-EN ISO / IEC 17025).
All hygienic masks must indicate:

The standards they meet
Technical specifications
The data on the filtration efficiency of the material, the resistance to respiration or permeability to air and the laboratory used to carry it out
Reusable masks must include data from before and after the washing cycles indicated by the manufacturer
The place of origin must also appear
The labelling may not include references to other types of products that give rise to deception about the nature of the product.

For filters that are sold independently of the mask:

They must cover the largest possible surface area of the mask and ensure that there are no areas where inhaled / exhaled air can pass unfiltered.
It must be specified with which fabric the data from the bacterial filtration and breathability tests were obtained, since the mask-filter assembly must meet the requirements of the standard.

The marketing of masks outside of the original container, or any other type of format that does not guarantee compliance with this Order, is prohibited.
Those responsible for the product have 30 days, from the date of publication, to adapt to this new order.

Failure to comply with the rules related to labelling, packaging and advertising of goods and services is an offense and the CCAA may put penalty on the sellers and request product recall.

Guidance for the manufacture and selection of masks

The Spanish Ministry of Industry, Commerce and Tourism has added and published new documents related to hygienic masks. The following is a list of recent publications:

Hygienic masks: Generalities and frequently asked questions

Surgical Masks

Medical product type masks how to legalize them; also surgical calls

Regulatory proposals notified to WTO

The below table summarises the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive):

Notification number			Countries			Title
G/TBT/N/ESP/44			Spain			Draft Ministerial Order establishing information and marketing requirements for hygiene masks.

FRANCE

New requirements for non-sanitary masks

On 27 January 2021, the French authorities published Decree No. 2021-76 and on 28^th January 2021, the informative note of 29^th March 2020 was updated.

This Decree prescribes the general measures necessary to face the COVID-19 epidemic and defines the use of masks.

The informative note indicates the usage requirements, marketing conditions, technical specifications and markings for general public masks reserved for non-sanitary use.

The main points are:

A non-sanitary mask is a fabric mask with a "general public filtration greater than 90%". It is usually washable and reusable, designed to avoid the projection of drops and filter emitted particles of a size equal to or greater than 3 microns.
If the claim ‘The filtration performance equal to or greater than 90%’ is used, those responsible of product must:

Ensure that the masks are tested by a laboratory validated by DGE (DGA method)
Use a new logo (see Annex V of the informative note) or indicate visibly, legibly and in an easily accessible way the filtration performance of the mask on the packaging.
Publish the results on the DGE website (Registered until March 31, 2021).

Masks that do not comply to these technical requirements can be marketed but must not use the official logo or use a non-sanitary mask statement.

Standard for barrier face covering

ASTM International (ASTM) has approved the standard F3502 Safety Specifications for consumer face coverings.

A consumer face covering is not a medical mask (FDA) or personal protective equipment (NIOSH); instead, its main use is to create a barrier to reduce the number of expelled droplets from the wearer’s nose and mouth. It also offers protection by filtering particles and reducing the amount inhaled by the user.

Main requirements
Performance	Particles filtration efficiency (PFE)	Breathing resistance
	Level 1 ≥ 20%; Level 2 ≥ 50%;	Level 1 Inhalation ≤ 15 mm H2O; Level 2 ≥ 50%;
Flammability
	Tested per 16 CFR 1610 (Class 1 or Class 2)
Construction
	Covering at least wearer’s face and mouth. Correct fit to minimise leakage. Retention system (nose and mouth) during period of use. No sharp edges, sharp points or burrs. Sizing. The use of vents, valves, or other features during exhalation is not allowed. Quantitative leakage assessment (design analysis or ASTM F3407).
Conformity Assessment
	Model A according to ASTM F23050. The performance test (PFE and Breathing resistance) must be done by accredited laboratory (ISO 17025).
Labelling
	Manufacturer’s name and information. Technical information (PFE and breathing resistance (Level 1 and Level 2 or continuous performance pictogram)). Material. Traceability information.

Persistent, Bioaccumulative, and Toxic Chemicals list

On 6 January 2021, The Daily Journal of the United States Government published the rules on Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h) of the Toxic Substances Control Act (TSCA). The US Environmental Protection Agency (EPA) prohibits the following substances in articles and chemicals with the aim to reduce the exposition to human and environment. It was effective from 5 February 2021.

List of substances:

To read the official publication, click here.

PFAS and flame retardants: prohibition and restrictions in consumer goods

Since the beginning of 2021, different U.S. states have published proposals and bills related to chemicals substances which can be found in consumer goods.

The table below summarises the more relevant legislations and proposals:

State	Substance	Scope	Requirements	Proposed Effective Date	Bill
Connecticut	PFAS	Consumer products	Prohibited	-	Proposed SB 404
Delaware	Flame retardants	Residential upholstered furniture	≤ 0.1% each of TBB, antimony, TBPH, SCCP, Deca-BDE, HBCD, TBBPA, TDCPP, TCEP and TCPP and ≤ 0.1% of a mixture containing 1 or more of the above FRs	01/07/2021	HB 77
Delaware	Flame retardants	Products for children under 12 that are primarily intended for use in homes	≤ 0.1% each of TBB, antimony, TBPH, SCCP, Deca-BDE, HBCD, TBBPA, TDCPP, TCEP and TCPP and ≤ 0.1% of a mixture containing 1 or more of the above FRs	01/07/2021	HB 77
Iowa	Flame retardants	Residential upholstered furniture	≤ 0.1% each FR and ≤ 0.1% of a FR mixture (fabrics, coverings or cushioning materials)	01/01/2022	HF 293
New York	Flame retardants	Residential upholstered furniture	Prohibits halogenated FRs and phosphorus-bromine FRs	01/07/2021	A3031
New York	Flame retardants	Residential upholstered furniture	Prohibits halogenated FRs and phosphorus-bromine FRs	01/07/2021	S2178

New Californian requirements for upholstered furniture

In December 2020, the H.R. 133 on the Consolidated Appropriations Act, 2021 was published. This amendment includes the ‘Title XXI – COVID-19 Regulatory Relief and Work from Home Safety Act’which will become effective from 25 Jun 2021.

The main points are:

Upholstered Furniture must meet the California Technical Bulletin 117– 2013 ‘‘Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture’’ as the federal flammability standard.
It does not include: outdoor furniture, mattress, foundations, any bedding products, or furniture that is used exclusively for the purpose of physical fitness and exercise.
A permanent label located on the product with the statement ‘Complies with US CPSC requirements for upholstered furniture flammability’ is required.

Upholstered furniture in California, must comply with both federal and Californian requirements.

PRODUCT RECALLS/ ALERTS

Below you will find a monthly summary of product recalls and alerts in Europe (Source “RAPEX”) and in the U.S. (Source “CPSC”)

Europe

RAPEX (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities)

The following two alerts regarding textile & leather products have been reported, between week 4 and week 7 of 2021.

Type of Risk			Number of alerts			Notes
Chemical			2			Leather clothes: It contains chromium (VI). Does not comply with the REACH Regulation.

U.S.

Between 21^st January and 20^th February 2021, the CPSC (Consumer Product Safety Commission) published the following recalls: 0 recalled on textile & leather products.