Eurofins Toys & Hardlines Monthly Bulletin (May 2021)
EUROPE
Please see the below table summarising the most recent standards 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(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.
|
CENELEC / CEN |
|||
|
Reference |
Title |
Date of Availability (*) |
Supersedes |
|
Safety of toys - Interpretations - Part 1: Replies to requests for interpretation of EN 71-1, EN 71-2, EN 71-8 and EN 71-14 |
2021-04-28 |
||
|
Reference |
Title |
Date of Withdrawal (**) |
Supersedes |
|
Safety of toys - Part 13: Olfactory board games, cosmetic kits and gustative games |
2022-04-30 |
||
|
Office furniture - Office work chair - Part 1: Dimensions - Determination of dimensions |
2021-04-30 |
||
FRANCE
New requirements for rubbers and pacifiers
On 1 July 2021, the Order of 5 August 2020 relating to rubber materials and objects intended to come into contact with foodstuffs and pacifiers for infants and young children will come into effect.
This decree applies to rubber materials and articles intended to come into contact with foodstuffs and pacifiers for infants and young children. It replaces and repeals the decree of November 9, 1994.
The main points are:
- It updates the lists of authorised constituents.
- It clarifies and updates certain rules for verifying the conformity of rubber materials and articles.
- It provides a model for the declaration of conformity provided for by Article 6 of decree n ° 2007-766 of May 10, 2007.
UKRAINE
New aligned requirements for chemical safety on toys
On 31 March 2021, the Cabinet of the Minister of Ukraine published Resolution No. 282 of March 31, 2021 to amend the Ukraine Technical Regulations for the Safety of Toys. The aim is to align the chemical requirements with the European Toys Safety Directive. It will become effective in October 2021.
U.S.
Direct final rule for Children's Folding Chairs and Stools
On 17 May 2021, the Consumer Product Safety Commission (CPSC) published the direct final rule for Children's Folding Chairs and Stools which is codified in the Commission’s regulations at 16 CFR part 1232.
The main change to this standard, compared to the previous version, is the updating of the definition of stools in the standard to include ottomans. The Commission finds the substantive change made in ASTM F2613-21 to be an improvement to safety as it clarifies the standard's scope to include ottomans, a product previously not clearly subject to the mandatory standard.
The rule will come into effect on 21 August 2021, unless a significant adverse comment was received by 16 June 2021.
For more information, visit the Federal Register website here.
CPSC requirements for upholstered furniture flammability
On 9 April 2021, The CPSC published the direct final rule for the standard for the Flammability of Upholstered Furniture.
It was one new step related to H.R. 133 on the Consolidated Appropriations Act, 2021 and its amendment that include the ‘Title XXI – COVID-19 Regulatory Relief and Work from Home Safety Act’. This Act mandates that CPSC promulgate California Technical Bulletin 117-2013 as a flammability standard for upholstered furniture under section 4 of the Flammable Fabrics Act.
The rule will come into effect on June 25, 2021, and applies to upholstered furniture manufactured, imported, or reupholstered on or after that date, unless a significant adverse comment was received by May 10, 2021.
The table below summarises some recent ASTM standards updates:
|
Reference |
Title |
|
Standard Guide for Sensory Evaluation of Products by Children and Minors |
CANADA
Health Canada proposes regulations amending certain regulations made under the Canada Consumer Product Safety Act (Surface Coating Materials)
On April 24, 2021, Health Canada proposed a revision to the requirements for surface coating materials and applied surface coating materials set out in several regulations under the Canada Consumer Product Safety Act (CCPSA).
- Surface Coating Materials Regulations, SOR/2016-193
- Carriages and Strollers Regulations, SOR/2016-167
- Cribs, Cradles and Bassinets Regulations, SOR/2016-152
- Playpens Regulations, SOR/2018-186
- Toys Regulations, SOR/2011-17
- Expansion Gates and Expandable Enclosures Regulations
The main changes to the proposed regulations are as follows:
- Expand the surface coating material definition to include surface coating materials that do not “dry” on application, such as powder coatings, and other decorative surface coating materials, such as stickers or films;
- Add the definition of an accessible part - removing the requirements of surface coating materials applied to components that are inaccessible;
- Expand the scope of total Lead limit (90 mg/kg) to the surface coating materials applied to furniture;
- Revise the total mercury limit to a technically feasible level of 10 mg/kg;
- Remove the restrictions on lead, mercury and certain other harmful elements in surface coating materials applied to parts of products that are inaccessible;
- Remove an outdated test method and require testing to be done in accordance with a method that conforms to good laboratory practices;
- Ensure consistency between certain regulations. The proposed Regulations also include a few housekeeping amendments
The Comments are due by July 3, 2021. The final regulation would come into force on the 180th day after the day on which it is published in the Canada Gazette, Part II.
For more information, please click here.
Health Canada proposal to revise the Carriages and Strollers Regulations
On 3 May, 2021, Health Canada proposed revisions to the Carriages and Strollers Regulations, SOR/2016-167 and included a questionnaire for stakeholders to provide feedback.
The proposed amendments will help improve product safety, increase regulatory alignment with other country regulations or standards, and address known concerns.
The main changes to the proposed regulations are as follows (five types):
- Mechanical: Compliance with ASTM F833-19 or compliance with ISO 31110:2020 and ASTM F833-19 sections 6.8 and 6.10;
- Surface coating materials: Remove the reference to the Toys Regulations, and instead state the requirements directly in the regulation;
- Toxicological hazards: Remove the reference to the Toys Regulation, and instead state the requirements directly in the regulation;
- Phthalates: Add phthalate requirements for vinyl components;
- Information and warnings: Compliance with ASTM F833-19 or ISO 31110:2020 and maintain the official language requirement - both English and French.
For more information, please click here.
New corded window coverings regulations
On 1 May 2021, the Corded Window Coverings Regulations (CWCR) came into force. The CWCR serve the important purpose of helping eliminate the strangulation hazard associated with corded window coverings and help to protect the health and safety of children.
Health Canada is prioritising promoting awareness of and compliance with the CWCR for a period of one year from the coming-into-force date, May 1, 2021 until April 30, 2022.
For more information regarding the CWCR, please click here.
BRAZIL
New requirements for childcare products
In March 2021, Inmetro (Brazil’s Ministry of Economy/National Institute of Metrology, Quality and Technology) published the following Ordinances related to Childcare products:
|
Title |
Repealed ordinance |
Effective date |
|
Ordinance No. 143 of March 22, 2021 on approving the consolidated quality technical regulation and conformity assessment requirements for cribs – Consolidated. |
The ordinances |
01/04/2021 |
|
Ordinance No. 129 of March 19, 2021 on approving the consolidated technical regulation and conformity assessment requirements for baby walkers - consolidated. |
The ordinance |
01/04/2021 |
|
Ordinance No. 167 of April 13, 2021 on approving the Quality Technical Regulation and Conformity Assessment Requirements for Children’s Strollers - Consolidated. |
03/05/2021 |
|
|
Ordinance No. 168 of April 14, 2021 on approving the Quality Technical Regulation and Conformity Assessment Requirements for Children’s Feeding Chairs – Consolidated. |
The ordinances 683/2012, |
03/05/2021 |
These ordinances establish the mandatory technical quality requirements (physical, chemicals, flammability, safety, construction, warning, marking, labelling, etc.) for these type of products in the Brazilian market.
They also establish the criteria and procedures for assessing conformity through the certification mechanism and provide examples and information about the descriptive memorial, complementary documents (standards) and Conformity Identification Seal.
New requirements for party items
In March 2021, Inmetro (Brazil’s Ministry of Economy/National Institute of Metrology, Quality and Technology) published the Ordinance related to party items:
Ordinance No. 121 of March 15, 2021 on approving the consolidated conformity assessment requirements for party items - consolidated.
The main points are (Non-exhaustive list):
- Quality technical requirements such as physical, generals, construction, etc.
- Chemicals requirements such as:
- Wood or plant materials must be free of pentachlorophenols and their salts.
- Articles are made from or coated with resins, polymers, cellulosics, wood and their respective additives, under a momentary contact condition in actual use, cannot have a migration limit higher than 8 mg / dm2.
- Articles containing plasticisers in their composition with a mass greater than 100 mg must not contain:
- dipthalate in its composition (2-ethylhexyl) - DEHP,
- dibutyl phthalate - DBP,
- benzylbutyl phthalate - BBP,
- di-isononyl phthalate - DINP,
- diisodecyl phthalate -DIDP and
- di-noctyl phthalate - DNOP,
- in concentrations for which the sum is greater than 0.1% by mass of plasticised material.
- Maximum proportion values for heavy metals in articles intended to come into direct contact with food and/or mouth:
|
Element |
Maximum limit (mg/kg) |
|
Antimony |
60 |
|
arsenic |
25 |
|
Barium |
1000 |
|
Cadmium |
75 |
|
Lead |
90 |
|
Chrome |
60 |
|
Mercury |
60 |
|
Selenium |
500 |
- Flammability requirements: Textile parts must have a maximum flame propagation speed of 30 mm/s.
- Warnings, labelling and instructions of use requirements such as warnings and information of the manufacturer or importer.
- Criteria and procedures for assessing conformity through the certification mechanism, with a view to preventing accidents in its use.
- Descriptive memo of the Item and complementary documents:
|
Inmetro Ordinance in force |
General Product Certification Requirements - RGCP. |
|
ABNT NBR 13883: 2015 |
Article safety for the parties: requirements and test methods |
- The Conformity Identification Seal can appear on the item, packaging, display, catalogue, commercial material or advertising. It must be in its complete form and be both visible and indelible.
The ordinances 545/2012, 603/2013, 270/2015, 147/2019, 507/2019 and 343/2020 have been repealed.
This Ordinance became effective on 1 April of 2021.
JAPAN
Restriction in the importation of PFOA and its salts in certain products
On 16 April 2021, the Ministry of Economy, Trade and Industry published the Cabinet Decision on the Cabinet Order for the Partial Revision of the Order for Enforcement of the Act on the Evaluation of Chemical Substances and Regulation of Their Manufacture, Etc.
The Cabinet decided to approve the Cabinet Order, which designates 2,2,2-trichloro-1-(2-chlorophenyl)-1-(4-chlorophenyl) ethanol (also known as o,p’-Dicofol) and perfluorooctanoic acid (PFOA) and/or its salts as Class I Specified Chemical Substances.
The products that businesses are not permitted to import, in which any of the Class I Specified Chemical Substances are used (Article 7 of the Order for Enforcement of the Act), are:
- Water-resistant paper and oil-resistant paper
- Water-repellent textiles and oil-repellent textiles
- Cleaning agents
- Anti-reflection agents used in the manufacture of semiconductors
- Paints and varnish
- Water repellent and oil repellent
- Adhesives and sealing fillers
- Fire extinguishers, fire-extinguishing agents, and fire-extinguishing foam
- Toners
- Water-resistant clothes and oil-resistant clothes
- Water-repellent floor coverings and oil-repellent floor coverings
- Floor waxes
- Photographic paper
It will become effective on 22nd October 2021.
For more information, visit the Japanese Ministry of Economy, Trade and Industry here ( in Japanese).
SOUTH KOREA
New phthalate in the Safety criteria for Children’s products
On 22 February 2021, the World Trade Organization published the Korean proposal for the Safety criteria for Children’s products (G/TBT/N/KOR/944). The aim was to incorporate comments regarding the new phthalate, Diisobutyl phthalate (DIBP), which had added to the list. The phthalates list would have expanded to seven as follows:
|
PHTHALATE |
CAS NUMBER |
|
Benzyl butyl phthalate (BBP) |
85-68-7 |
|
Dibutyl phthalate (BDP) |
84-74-2 |
|
Di(2-ethylhexyl) phthalate (DEHP) |
117-81-7 |
|
Diisobutyl phthalate (DIBP) |
84-69-5 |
|
Di-isodecyl phthalate (DIDP) |
68515-49-1/26761-40-0 |
|
Diisononyl phthalate (DINP) |
68515-48-0/28553-12-0 |
|
Di-n-octyl phthalate (DnOP) |
117-84-0 |
The limit would be lowered to 0.1% (sum). The proposed date of adaptation and proposed entry into force is June 2021 or later.
The final date for submitting comments was 23rd April 2021.
INTERNATIONAL
Regulatory proposals notified to WTO
The table below summarises the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive):
|
Notification number |
Countries |
Title |
|
Israel |
SI 562 part 3 - Safety of toys: Migration of certain chemical elements This draft standard revision adopts the European Standard EN-71-3: April 2019, with a few changes that appear in the standard's Hebrew section. Both the old standard and this new revised standard will apply from entry into force of this revision for 90 days. During this time product may be tested according to the old or new revised standard. |
|
|
Australia |
Review of the mandatory safety standard for Projectile Toys – Consultation paper • Australian/New Zealand Standard (AS/NZS ISO 8124.1:2019 Safety of toys Part 1: Safety aspects related to mechanical and physical properties) • International Standard (ISO 8124-1:2018 Safety of toys—Part 1: Safety aspects related to mechanical and physical properties) • European Standard (EN 71-1:2014 + A1:2018: Safety of toys—Part 1: Mechanical and physical properties). • American Standard (ASTM F963-17 Standard Consumer Safety Specification for Toy Safety) The safety standard provides suppliers with the option to comply with certain requirements of any of the above-listed standards. |
PRODUCT RECALLS / ALERTS
Below you will find a monthly summary table of product recalls and alerts in Europe (Source “RAPEX” and “RASFF”) and 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 22 alerts regarding Childcare articles, equipment and toys were reported, between week 16 and week 20 of 2021.
|
Type of Risk |
Number of alerts |
Notes |
|
Chemical |
10 |
Plastic toys The toy contains an excessive amount of bis(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP) and di-isonylephthalate (DINP) diisobutyl phthalate (DIBP) and the flame retardant tris(2-chlor-1-methylethyl phosphate (TCPP). It does not comply with Toy Safety Directive nor with REACH |
|
Toy make-up set: It contains the colourants CI 21090, CI 21110 and CI 12315. These colourants are not allowed in cosmetic products. It does not comply with the Cosmetics Regulation 1223/2009/EC and the Toy Safety Directive 2009/48/EC. |
||
|
Ballons: they contain an excessive amount of n-nitrosodiethylamine (NDEA), n-nitrosomorpholine (NMOR) and n-nitrosodiethanolamine (NDELA). They do not comply with the Toy Safety Directive nor with EN 71-12. |
||
|
Bouncy toy: The white plastic material of the product contains an excessive amount of diisobutyl phthalate (DIBP). It does not comply with the REACH Regulation and the Toy Safety Directive. |
||
|
Burn |
1 |
Fancy dress costume is easily flammable and the flame propagation is too high. It does not comply with the Toy Safety Directive nor with EN 71-2. |
|
Choking |
9 |
Small parts. Does not comply with EN 71-1 |
|
Set of soft toys: The fibrous stuffing material of the toy is easily accessible due to the weakness of certain seams. It does not comply with the requirements of the Toy Safety Directive nor with EN 71-1. |
||
|
Expandable toy: The expanding material increases in size when placed in water by more than 50%. It does not comply with Toy Safety Directive nor with EN 71-1. |
||
|
Injuries |
1 |
Safety gate for children: Due to the malfunction of the automatic locking system, the safety gate opens unexpectedly after a short period of use. It does not comply with EN 1930. |
|
1 |
The base for children's car seat: The blocking mechanism connecting the base to the vehicle seat may not function properly. As a consequence, the seat could detach from the base, with the risk of injury in the event of an impact or sudden stop. It does not comply with Regulation UNECE No 44-04. |
The following two alerts regarding furniture were reported, between week 8 until week 17 of 2021.
|
Type of Risk |
Number of alerts |
Notes |
|
Entrapment, Injuries, Strangulation |
1 |
The bunk bed has protruding parts; furthermore, the distance between the slats is inadequate. It does not comply with the requirements of the General Product Safety Directive nor with EN 747-1. |
|
Injuries |
1 |
The chair has insufficient stability and strength and could consequently fall over or break during use, injuring the user. It does not comply with EN 12520. |
RASFF (European Commission Rapid Alert System for Food and Feed - Alerts reported by EU national authorities)
The following 8 alerts regarding Food Contact Materials related to children's tableware were reported from April 2021 to May 2021.
|
Product |
Substance / Hazard |
|
|
Tableware |
Melamine and bamboo |
|
|
Tableware |
Melamine and bamboo |
|
|
Tableware |
Unauthorised use of bamboo |
|
|
Bamboo and Resin Polymer |
Plastic and bamboo composite |
|
|
Melamine products |
Melamine products with bamboo fibres |
|
|
Children's tableware |
Unauthorised use of bamboo in melamine and bamboo fibre |
|
|
Cups |
Unauthorised use of bamboo in cups made from a mix of bamboo fibres, melamine and maize starch |
|
|
children's tableware |
Risk of burns due to breakage of plastic. Risk of physical damage |
|
U.S.
From the 21 April 2021 to the 20 May of 2021, CPSC (Consumer Product Safety Commission) published the following recalls: 4 recalls regarding Childcare and children’s products
|
Hazard |
Number of alerts |
Notes |
|
Choking |
1 |
Wild Republic Slap Watches: The coin cell battery inside the slap watches can fall out. |
|
Injury |
1 |
Swing sets: The attachment that connects the swing hanger to the top tube can fail. |
|
Suffocation |
1 |
Infant Sleeping Bags: The size of the neck opening is too large for infants 0 - 6 months old, which can allow an infant’s head to slip into and be covered by the sleeping bag. |
|
Infant fatalities |
1 |
Inclined sleeper accessory: Babies roll from back to stomach or side, or in other circumstances lie face down without being able to move. |
Between 21 February and 20 May 2021, the following 7 recalls regarding furniture were reported:
|
Type of Risk |
Number of alerts |
Notes |
|
Fall |
4 |
Folding metal padded chairs and barstools: The weld attaching the legs to the seat bottom can break. |
|
Furniture Counter and Bar Stools: the stool seat can break off the base. |
||
|
Bar stools: The legs on the stools can become unstable over time. |
||
|
The screws of bunk Beds that hold the bed’s mattress foundation to the bed’s guardrails can be loose and the mattress foundation can fall. |
||
|
Injury |
1 |
6-foot Seminar Tables: the brace arms can fail to lock the table legs into place and the table can collapse. |
|
Injury and fall |
1 |
Outdoor wooden folding chairs: the chairs can break. |
