Consumer Products | Monthly bulletin | January 2022
Chemical | Cosmetics & Personal Care | Personal Protective Equipment | Softlines & Leather | Toys & Childcare | COVID-19
Most products sold on-line do not comply with EU chemical legislations
In December 2021, The European Chemicals Agency (ECHA) published a report on its eighth REACH-EN-FORCE project:
It was carried out during 2020 in 29 countries of the EEA and Switzerland with the aim of inspect professional and consumer products sold online for restricted chemicals against relevant EU chemicals legislation such as CLP, REACH and BPR.
The rate of non-compliance with restrictions in substances/mixtures and articles was at 95% and 25% respectively.
The ECHA recommends that national authorities continue to hold inspections of products sold online and organise campaigns to raise awareness of problems with online sales, helping consumer to make better decisions when buying products online.
For more information, consult the ECHA website here.
Recent publications of amendments to REACH Regulation
In November and December 2021, the European Union (EU) published several amendments related to REACH and its annexes. Below a table summarising these recent publications:
Publication date |
Reference |
Amendment to |
Date in force |
22/11/2021 |
Annex XVII to Regulation (EC) No 1907/2006 of REACH. N,N-dimethylformamide (CAS No 68-12-2) was added as Entry 76 in Annex XVII. |
09/12/2021 |
|
24/11/2021 |
Annex XIV to Regulation (EC) No 1907/2006 of REACH. This amendment replaces the information Annex XIV to REACH for entries 4 to 7. |
13/01/2022 |
|
14/12/2021 |
Annex XVII to Regulation (EC) No 1907/2006 of REACH as regards carcinogenic, mutagenic or reproductive toxicant (CMR) substances. This amendment adds substances in Appendix 2 of Entry 28, in Appendix 4 of Entry 29 and in Appendix 6 of Entry 30. |
03/01/2022 |
Additional recent updates regarding REACH
The below table showcases a summary of the most recent updates (non-exhaustive) regarding REACH Regulation (EC) No 1907/2006:
Summary of the Most Recent Updates |
||
Date |
Subject |
Link |
03/11/2021 |
Publication of the updated manual: “How to prepare a downstream user report” This provides support to downstream users using, creating or modifying nanoforms. |
For more information, consult the ECHA website here. |
03/11/2021 |
Publication of the report: Causal impacts of the REACH Authorisation process on the use of substances of very high concern in the EU. This presents two case studies that seek to quantify the causal effects that regulatory actions under the REACH Authorisation title have had on the use of specific substances of very high concern (SVHCs) in the EU/EEA. |
For more information, consult the ECHA website here. |
10/11/2021 |
ECHA has collaborated on the EFSA's Draft opinion on the identification and prioritisation for risk assessment of plasticisers used in food contact materials. The consultation was open until 16 December 2021. |
For more information, consult the EFSA website here. |
10/11/2021 |
Nanomaterials in the work place - Invisible but not negligible |
For more information, consult the EUON website here. |
11/11/2021 |
Publication of report: Chemical Recycling of Polymeric Materials from Waste in the Circular Economy The report commissioned by ECHA investigates the current knowledge on chemical recycling of polymeric materials, such as plastics and rubber from waste. |
For more information, consult the ECHA website here. |
15/11/2021 |
Publication of report: Study on the Product Lifecycles, Waste Recycling and the Circular Economy for Nanomaterials This updates and expands on the document “Nanomaterials in Waste Streams – Current Knowledge on Risks and Impacts” published by OECD in 2016. |
For more information, consult the ECHA website here. |
22/11/2021 |
Highlights from November Enforcement Forum meeting |
For more information, consult the ECHA website here. |
07/12/2021 |
First assessments of regulatory needs for groups of chemicals published |
For more information, consult the ECHA website here. |
09/12/2021 |
Scientific committees support further restrictions of PFAS The Committees for Risk Assessment and Socio-Economic Analysis support Germany’s proposal to restrict the use of undecafluorohexanoic acid (PFHxA) and related substances. |
For more information, consult the ECHA website here. |
15/12/2021 |
New web page on phthalates. |
Visit the new ECHA section web here. |
Other interesting links about REACH from ECHA’s website
- Registry of restriction intentions until outcome - ECHA (europa.eu)
- Registry of SVHC intentions until outcome - ECHA (europa.eu)
- Substance evaluation - CoRAP - ECHA (europa.eu)
- Adopted opinions and previous consultations on applications for authorisation - ECHA (europa.eu)
- Applications for authorisation - current consultations - ECHA (europa.eu)
- Current calls for comments and evidence - ECHA (europa.eu)
- Authorisation List - ECHA (europa.eu)
Please find below a table summarising recent public initiatives (non-exhaustive):
Feedback period |
About this initiative |
08 November 2021 - 06 December 2021 |
Persistent organic pollutants – setting limit values in Annex I (update) EU rules implement the EU’s international commitments under the Stockholm Convention on Persistent Organic Pollutants (chemical substances). Hexachlorobenzene, a substance used in pesticides, is listed in Annex A to the Stockholm Convention (elimination) and in Annex I to EU Regulation 2019/1021. This initiative amends Annex I, which does not currently set a limit on the amount of hexachlorobenzene permissible as an unintentional trace contaminant in substances, mixtures and articles. |
30 November 2021 - 18 January 2022 |
Microplastics pollution – measures to reduce its impact on the environment This initiative aims to tackle microplastics unintentionally released into the environment. It will focus on labelling, standardisation, certification and regulatory measures for the main sources of these plastics. |
06 December 2021 - 18 January 2022 |
Food safety – recycled plastic in food packaging (updated rules) All materials used with food must be safe and therefore contain no toxic contaminants. EU rules require individual authorisations for plastic recycling processes. |
24 November 2021 - 16 February 2022 |
Chemicals – simplification and digitalisation of labelling requirements The EU aims to improve the communication of essential information on chemicals and in so doing reduce the adverse effects of hazardous chemicals on health and the environment. To contribute to these goals, this initiative will consider simplifying and streamlining labelling requirements for some categories of chemicals and chemical products, and the use of digital labelling. |
Please find below a table summarising recent technical publications (non-exhaustive):
Date |
Entity |
Title |
02/12/2021 |
CEFIC (European Chemical Industry Council) |
Industry leaders made a call to the European Commission to work on the objectives of the EU Green Deal of Chemical Industry. This call follows the release by European Chemical Industry Council (Cefic) on the business impacts of the EU Chemicals Strategy for Sustainability (CSS). |
08/11/2021 |
German Federal Institute for Risk Assessment (BfR) |
Innovative, non-animal methods for risk assessment of chemicals in the centre of interest |
10/11/2021 |
German Federal Institute for Risk Assessment (BfR) |
For safe tattoo inks: BfR event promotes exchange between scientists, lawmakers and manufacturers |
The table below showcases a summary of the most recent updates (non-exhaustive) regarding CLP Regulation (EC) No 1272/2008:
Summary of the Most Recent Updates |
||
Date |
Subject |
Link |
10/11/2021 |
Social media campaign: Why the UFI matters for everybody |
For more information, consult the Poison centres website here. |
Most products sold on-line do not comply with EU chemical legislations
- Registry of CLH intentions until outcome - ECHA (europa.eu)
- Harmonised classification and labelling consultations - ECHA (europa.eu)
Public Consultation about AGEC law
Over the last months, two public consultations have taken place about the same French draft Decree related to the framework of article 13.I of the AGEC law (Law nº 2020-105 of February 10 2020). The aim is to limit waste and preserve natural resources and biodiversity and limit climate change.
This decree put out for consultation specifies the definitions of the various environmental characteristics and qualities of products, the sectors and categories of products concerned, and the procedures for making information available.
Decree on consumer information on the environmental qualities and characteristics of waste-generating products (2021/644/F).
Summary of the main relevant information:
- Consumer information on the presence of a hazardous substance shall apply where it is present in a concentration greater than 0.1% by mass in a substance, mixture or article according to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 (REACH).
This information shall be expressed by the words « contient une substance dangereuse » (in English “contains a hazardous substance”) or, where the hazardous substance present is that referred to in the first paragraph of Article R. 541-219, by the words « contient une substance extrêmement préoccupante » (in English “contains a substance of very high concern”). The information shall be supplemented by the name of each hazardous substance present.
This way of making the information available does not apply to substances with proven, suspected and presumed endocrine disrupting properties laid down by order referred the Public Health Code.
The information shall be made available no later than 18 months after the substance is identified as a hazardous substance.
- For containers and contents of chemical products, these shall indicate the environmental qualities and characteristics and recyclability information as described in the Decree for information to consumers.
- For all products and packaging, the use of words such as « biodégradable » (“biodegradable” in English), « respectueux de l’environnement » (translated in English as “environmentally friendly”) or any other equivalent are prohibited.
It has been decreed that this measure was effective from January 1, 2022.
Other recently published French legislation related to hazardous substances, French environment code and waste are:
- Decree No. 2021-1285 of October 1, 2021 on the identification of hazardous substances in waste-generating products
- Order of 1 October 2021 laying down specifications for eco-organisations and individual systems of the extended responsibility chain of producers of the contents and containers of chemicals that may present a significant risk to health and the environment mentioned in 7 ° of the article L. 541-10-1 of the environment code and falling under categories 1 ° to 10 ° of article R. 543-228
Legislative changes in Danish POP
The Regulation (EU) 2019/1021 on persistent organic pollutants is a binding legislative act that is applied in its entirety across the EU, including Denmark.
On 1st January 2021, the following Danish legislation on persistent organic pollutants (POPs):
- Executive Order no. 820 of September 29, 2003 on certain POPs.
- Executive Order no. 854 of September 5, 2009 restricting PCP to less than 5 mg/kg in goods.
were repealed as indicate in the following executive order published on 5th October 2021:
- Executive Order repealing the Executive Order on certain persistent organic compounds (POPs) (BEK no. 1895 of 04/10/2021).
- Executive Order repealing the Executive Order banning the import, sale, use and export of products containing pentachlorophenol (PCP) (BEK no. 1896 of 04/10/2021).
On this same date Denmark’s Ministry of the Environment published the Executive Order (BEK no. 1894 of 04/10/2021) on persistent organic pollutants. It indicates that the performance of tasks pursuant to Regulation (EU) No 2019/1021 on persistent organic pollutants is of the Ministry of the Environment and its institutions. This order entered into force on 10th October 2021.
Recent updates regarding UK REACH and GB CLP
The below table showcases a summary of the most recent updates (non-exhaustive) regarding UK REACH and GB CLP:
Summary of the Most Recent Updates |
||
Date |
Subject |
Link |
06/10/2021 |
Draft recommendation of priority substances to be included in Annex 14 (list of substances subject to Authorisation) of UK REACH 2021 The HSE has published draft recommendations for the potential inclusion of two substances in Annex 14 of UK REACH. The two substances concerned are disodium octaborate and dicyclohexyl phthalate (DCHP). |
Draft can be consulted here. |
13/12/2021 |
Updating the GB mandatory classification and labelling list (GB MCL List) |
HSE GB CLP publication table can be consulted here. |
EPA updates to Confidential Status of 377 Chemicals on the TSCA Inventory
WASHINGTON (October 13, 2021), EPA updates the confidential status of 377 chemical identities, and will include these chemical identities in the next update of the TSCA Inventory, planned for winter 2022.
The complete notification can be found here.
EPA will extend the compliance date of PBT substance PIP (3:1)
As required under the Toxic Substances Control Act (TSCA), EPA issued five final rules on January 6, 2021, to reduce exposures to certain chemicals that are PBT. These chemicals contain DecaBDE, HCBD, PCTP, PIP (3:1) and 2,4,6-TTBP.
In October 2021, EPA extended the PIP (3:1) compliance date to October 31, 2024.
The completed notification can be found here.
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 |
US |
Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h); Phenol, Isopropylated Phosphate (3:1); Further Compliance Date Extension |
|
US |
Safer Consumer Products: Priority Products List; Nail Products Containing Toluene |
|
Switzerland |
Draft Ordinance of the Federal Council concerning amendments to annexes 1.1, 1.2, 1.4, 1.5, 1.6, 1.10, 1.16, 2.9, 2.10 und 2.11 of the Ordinance on the Reduction of Risks relating to the Use of Certain Particularly Dangerous Substances, Preparations and Articles (Chemicals Risk Reduction Ordinance, ORRChem, Fedlaw number: SR 814.81) It proposes to revise the chemical risk reduction ordinance. |
|
Switzerland |
Annex 3 of the Ordinance on Protection against Dangerous Substances and Preparations (Chemicals Ordinance) The aim is to align the candidate list of substances pf very high concern (SVHC) with the EU’s Candidate List (REACH). |
|
Switzerland |
Annex 1.10 of Chemical Risk Reduction Ordinance (ORRChem) The aim is to align CMR substance requirements with REACH. |
|
Japan |
Partial amendment to the Poisonous and Deleterious Substances Designation Order. |
|
US |
Significant New Use Rules on Certain Chemical Substances (21-2.5e) |
Eurofins Cosmetics & Personal Care supports Gustave Roussy
Contributing to global health and safety and protecting the environment are commitments of all Eurofins companies.
In the continuity of Pink October and in line with Eurofins’ values, Eurofins Cosmetics & Personal Care is pleased to support an initiative by Gustave Roussy, leading European Cancer Center by contributing to a specific project concerning breast cancer. Women over 60 with localised cancer can now undergo their radiotherapy treatment within five days, instead of over three to five weeks. This is a first in terms of care and organisation: this 5-day radiotherapy course is based on hypofractionated and personalised radiation therapy and new technologies (artificial intelligence, scripted dosimetry, etc.) that make it possible to compress the preparation time for sessions and reduce the number needed.
All laboratories in our Cosmetics & Personal Care business line have joined forces to contribute to the wellbeing of women by creating a warm, pleasant and relaxing space.
Eurofins joins CosPaTox Consortium (Cosmetics, Packaging and Toxicology)
Eurofins has joined CosPaTox Consortium, a global sector packaging initiative.
New membership will help to develop safety guidelines for the safe use of post-consumer plastic recyclates used in cosmetic packaging and support Eurofins’ approach to help clients in their safety and sustainable packaging development.
The Consortium CosPaTox aim is to accomplish specific safety standards for high-quality Post-Consumer Plastic Recyclates (PCRs) for cosmetics and other household packaging, as well as the implementation of on-site measurement methods for recyclers.
As active contributors to the working packages, we will contribute to the development of standardised test methods, quality control procedures and a defined toxicological risk assessment approach for post-consumer recycled material for household, cosmetic and hygiene applications setting new industry standards to increase the use of PCR plastic materials in consumer packaging in line with the EU Action Plan for a circular economy.
Eurofins will share toxicology, recycling, testing know-how and experience.
Ensure Essential Oils for a safe use with a 3-step strategy
Essential oils have seen a revival in popularity. They are widely incorporated into modern skin care products because of their complexity of active compounds with anti-ageing, antimicrobial, sun protection and whitening properties, as well as their strong and characteristic fragrance. The increased interest in essential oils and botanical extracts in recent years has been amplified by the “back to nature” trend across the global cosmetics industry.
Essential oils are highly concentrated, volatile plant extracts obtained through different extraction methods. There are thousands of known essential oils, with about 300 oils commercially available, all of which boast different health and lifestyle benefits.
While several oils may aid healing and skin toning, other elixirs can spark serious skin reactions and even chemical burns due to allergies and phototoxicity. Of the 26 allergenic fragrances currently defined in the EU Regulation (EC) No 1223/2009, 18 can be found as Ingredient of essential oils and must be declared on the packaging if the concentration is higher than 0.001% (10 ppm) in leave-on products and higher than 0.01% (100 ppm) in rinse-off products. Citrus oils in particular can cause skin reactions in connection with direct sunlight even in low concentrations (less than 1%) and may have a phototoxic effect.
When used in products like massage oil, hair oil or skincare products, dilution is the most important measure for the safe use of essential oils. Carefully selected vegetable oils can add further positive health effects to the product. For a complete safety assessment of the end product, an examination of the vegetable oil is recommended. Depending on the focus, different testing strategies can be applied.
Contaminants can be introduced during the production, preparation and storage of vegetable oils and fats. These include Mineral oil hydrocarbons (MOSH, POSH, MOAH), Polycyclic aromatic hydrocarbons, Pesticides, Phthalates, Polychlorinated biphenyls (PCBs), Volatile chlorinated hydrocarbons and Dioxins.
Identity: In order to achieve full conformity with the product declaration, the vegetable oil can be identified in order to detect or exclude having been blending with low-quality oils. Depending on the product composition, different analytical methods can be used to provide regulatory security, for example, the fatty acid spectrum, triglyceride, sterol distribution, Tocopherol pattern or fat-soluble vitamins.
Quality parameters are used to estimate the degree of freshness of the oil. Chemical reactions, due to the progressive oxidation of the vegetable oil, can lead to undesirable olfactory changes in the end product. The shelf life and antioxidant potential can be determined by measuring water content, and detecting volatile compounds, peroxide value and polymer triglycerides (proof of thermal treatment), and through sensory-analytical monitored storage tests.
Achieving Carbon Neutrality – 2025 Objective
As a group of companies that work to safeguard the environment through many of our testing activities, considering our impact on the environment is a priority, as is a commitment to sustainable operations.
Reducing the world's carbon footprint is a challenge facing us all; we need to contribute to a sustainable, healthy environment and be socially and environmentally responsible.
In 2020, we announced the ambitious goal of achieving carbon neutrality by 2025, through a careful programme of CO2 emission reduction and carbon offsetting.
We have since implemented several CO2 reduction projects, and local programmes have been launched in our laboratories with the goal of improving sustainability and reducing our CO2 emissions. In cases where we are unable to reduce our carbon footprint in certain areas, we have found ways to offset this and continue towards our goal.
As an organisation, embedding corporate sustainability principles in our business strategy and the way we operate is an essential component in both creating long-term value and achieving our overall mission of contributing to a healthier and safer world.
Decrypting CBD Formulation Considerations
Cosmetic products containing hemp derivatives and particularly one of its components, CBD, are currently a major trend.
To formulate cosmetic products such as body butters, balms, emulsions or salves, or any other formulation containing CBD, it’s essential to take several parameters into consideration, including but not limited to solubility in vegetable oils, selection of appropriate emulsion stabiliser, and the addition of some essential oils.
The effects and synergies of compounds in the formula, together with cannabinoids, are important to achieve the desired outcome. Eurofins is your key partner in understanding your CBD cosmetic formulation projects and ensuring the best combinations to enhance the effects of CBD.
Moreover, Eurofins will support with testing the final CBD-containing product to ensure accuracy and agreement with the labelled value.
Eurofins Cosmetics & Personal Care opens Cosmetics Clinical Laboratory in Shanghai, China
Eurofins Cosmetics & Personal Care, the global leader in cosmetics and personal care testing, announced today the official opening of a new cosmetics clinical site in Shanghai, China (Eurofins Cosmetics & Personal Care Shanghai). The laboratory combines the strengths of a highly skilled technical team with state-of-the-art equipment and facilities.
This new clinical site will strengthen Eurofins Cosmetics & Personal Care’s capabilities in China to support the fast-growing demand and ever-changing Chinese beauty industry. The Shanghai laboratory will complement Eurofins’ existing network of Chinese Cosmetics & Personal Care laboratories in Guangzhou, Shenzhen and Dongguan, and enlarge the international network of 28 state of the art Cosmetics & Personal Care laboratories active in the field across Europe, North America, Asia-Pacific and Africa, enabling a one stop solution for clients on both a global and national scale.
As the industry sees the development of new standards and growing demand for product safety and efficacy testing claims, Eurofins Cosmetics & Personal Care’s 1,026 m² new Shanghai facility focuses its clinical expertise on safety tests, efficacy tests, sun protection tests, hair care tests, consumer perception, and tailored services. The laboratory has successfully passed CMA auditing.
Eurofins Cosmetics & Personal Care China is dedicated to providing a wide range of services, including regulatory and toxicology services, stability testing, packaging testing and safety assessments, chemical analysis, clinical safety and efficacy testing, consumer tests and sensory evaluation to the cosmetic and personal care industries.
For further information: Cosmetics-CN@eurofins.com
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) must be withdrawn.
CEN |
|||
Reference |
Title |
Date of withdrawal (*) |
Supersedes
|
Protective clothing - General requirements - Amendment 1 (ISO 13688:2013/Amd 1:2021) |
2022-03-31 |
|
|
Protective clothing for firefighters - Laboratory test methods and performance requirements for wildland firefighting clothing - Amendment 1 (ISO 15384:2018/Amd 1:2021) |
2022-04-30 |
|
|
Personal protective equipment - Test methods for footwear (ISO 20344:2021) |
2022-05-31 |
||
Hearing protectors - Guidance on selection of individual fit testing methods |
2022-05-31 |
|
Technical publications
Please find below a table summarising recent technical publications (non-exhaustive):
Date |
Entity |
Comments |
14/12/2021 |
ANSES (Agence nationale de sécurité sanitaire) |
Surgical masks: health thresholds not exceeded for chemical contaminants ANSES published an assessment of the health risks associated with the presence of chemicals in surgical masks. The results showed no cases where health thresholds were exceeded when the recommended conditions of use were followed. |
14/12/2021 |
ANSES (Agence nationale de sécurité sanitaire) |
Give priority to graphene-free masks Following the removal from the Canadian market of certain FFP2 protective face masks containing graphene in April 2021, the French authorities suspended their distribution while ANSES assessed the health risks of wearing these masks. Due to a lack of data on the toxicity of graphene, the Agency now recommends giving priority to the marketing of graphene-free masks. |
New circular economy action plan
On 17th November 2021, The European Commission published the new circular economy action plan.
This Resolution emphasises the need to have a circular economy and underlines that sustainable, circular, safe and non-toxic products and materials should become the norm in the EU market.
Include in the sustainable product policy framework and key product value chains are textiles products. The main points for textiles are:
- The importance of a new EU textile strategy to promote sustainability and circularity.
- Improvement of the design of textiles (increase durability, reusability, mechanical recyclability and the use of high-quality fibres)
- A combination of eco-design type requirements, producer responsibility schemes, and labelling schemes.
- Measures against synthetic microfibre loss, and standards for equipping new washing machines with microfiber filters;
- Other measures such as the development of preventive controlled non-polluting industrial pre-washing.
- Specific EU wide disposal criteria for textiles;
- Tackling hazardous and harmful chemicals in line with the waste hierarchy.
For more information, consult the official publication on the European Commission website here.
The following 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 |
Textiles - Man-made fibres - Generic names (ISO 2076:2021) |
2022-05-31 |
||
Textiles - Domestic washing and drying procedures for textile testing (ISO 6330:2021) |
2022-06-30 |
||
Textiles - Determination of the elasticity of fabrics - Part 1: Strip tests - Amendment 1 (ISO 20932-1:2018/Amd 1:2021) |
2022-05-31 |
|
|
Footwear - Critical substances potentially present in footwear and footwear components - Test method to quantitatively determine dimethylformamide in footwear materials (ISO 16189:2021) |
2022-06-30 |
||
Footwear - Critical substances potentially present in footwear and footwear components - Test method to quantitatively determine polycyclic aromatic hydrocarbons (PAHs) in footwear materials (ISO 16190:2021) |
2022-05-31 |
||
Footwear - Chemical tests - General principles on the preparation of samples (ISO 21061:2021) |
2022-06-30 |
|
|
Textile fibres - Determination of linear density - Gravimetric method and vibroscope method (ISO 1973:2021) |
2022-04-30 |
||
Reference |
Title |
Date of availability (**) |
Supersedes |
Footwear - Critical substances potentially present in footwear and footwear components - Lists of critical chemical substances (ISO/TR 16178:2021) |
2021-10-06 |
|
Standards updates
The table below summarises the recent ASTM standards updates:
Reference |
Title |
Standard Guide for Textile Fibers |
Focus on the Upcoming Chinese Footwear GB Standards
With the increasing demands of the Chinese people's standard of living and consumer health and safety protection consciousness, as well as the rapid development of the shoe industry in China, the style, design and material of shoes have been updated rapidly. Government, social media, and consumers are paying more and more attention to footwear product safety issues, including chemical and physical properties.
On 4th April 2019, the National Standardisation Management Committee published a notice regarding the plans for the Establishment and Revision of 44 Compulsory National Standards.
These plans included the drafts and revisions of two mandatory footwear standards. In May 2021, the two drafts were completed. One of them is titled Safety Technical Specifications for Infants’ and Children’s Footwear, and the other one is General Safety Requirements for Footwear.
The below table summaries some trailers:
No. |
Plan No. |
Standard |
Property |
Superseded Standard |
Technical Requirements |
1 |
20190055-Q-339 |
General safety requirements for footwear |
Mandatory |
GB 21536-2008, GB 25037-2010, GB 25038-2010 |
1. Physical safety performance Nail point and broken needle. 2. Restriction of chemical substances Chromium VI, Banned azo dyes, Formaldehyde, Dimethyl fumarate, Chlorinated phenols, Phthalate. |
2 |
20190056-Q-339 |
Safety technical specifications for infants' and children's footwear |
Mandatory |
GB 25036-2010, GB 30585-2014 |
1. Physical safety performance Broken needle, Sharp edge and sharp point, Technical heel height. small part hazards of infant shoes 2. Restriction of chemical substances Chromium VI, Banned azo dyes, Formaldehyde, Heavy metals, Dimethyl fumarate, Chlorinated phenols, N-nitrosamine, Phthalate, Short chain chlorinated paraffin. |
For more information, consult the official publication here (in Chinese).
As an independent and professional global third-party laboratory, Eurofins professional S&L lab can provide textiles, leather and footwear testing to help manufacturers ensure their product’s chemical and physical safety. Contact us to learn more!
Revised ISO 6330 Standard for washing and drying procedures
The International Organization for Standardization (ISO) released a new version ISO 6330:2012 which specifies domestic washing and drying procedures for textile testing. This is the fourth revision, with the old version ISO 6330:2012 having been replaced.
The main changes in the new version:
- Update to the optional detergent information, specially add new detergent used for delicate or hand washing.
- Update instrument parameters and washing procedures.
- Re-regulated the selection method of washing load.
- Other technical parameter changes
For more information, consult the ISO website here.
New references of harmonised standards for toys
On 16st November 2021, the European Commission published the Commission Implementing Decision (EU) 2021/1992 of 15 November 2021 on harmonised standards for toys drafted in support of Directive 2009/48/EC of the European Parliament and of the Council which repeals the Implementing Decision (EU) 2021/867.
The main points of this decision are:
- The updated references of the harmonised standards for toys are listed in Annex I:
No |
Reference of the standard |
||
1. |
EN 71-1:2014+A1:2018 Safety of toys — Part 1: Mechanical and physical properties |
||
2. |
EN 71-2:2020 Safety of toys — Part 2: Flammability |
||
3. |
EN 71-3:2019+A1:2021 Safety of toys — Part 3: Migration of certain elements |
||
4. |
EN 71-4:2020 Safety of toys — Part 4: Experimental sets for chemistry and related activities |
||
5. |
EN 71-5:2015 Safety of toys — Part 5: Chemical toys (sets) other than experimental sets |
||
6. |
EN 71-7:2014+A3:2020 Safety of toys — Part 7: Finger paints — Requirements and test methods |
||
7. |
EN 71-8:2018 Safety of toys — Part 8: Activity toys for domestic use |
||
8. |
EN 71-12:2016 Safety of toys — Part 12: N-Nitrosamines and N-nitrosatable substances Informative note: The limit values in point (a) of Table 2 of clause 4.2 of standard ‘EN 71-12:2016 Safety of toys — Part 12: N-Nitrosamines and N-nitrosatable substances’ are lower than the limit values to be complied with set in point 8 of part III of Annex II to Directive 2009/48/EC. In particular those values are as follows: |
||
Substance |
Standard EN 71-12:2016 |
Directive 2009/48/EC |
|
N-nitrosamines |
0,01 mg/kg |
0,05 mg/kg |
|
N-nitrosatable |
0,1 mg/kg |
1 mg/kg. |
|
9. |
EN 71-13:2021 Safety of toys — Part 13: Olfactory board games, cosmetic kits and gustative games |
||
10. |
EN 71-14:2018 Safety of toys — Part 14: Trampolines for domestic use |
||
11. |
EN IEC 62115:2020 Electric toys — Safety EN IEC 62115:2020/A11:2020 |
- Article 1 of Implementing Decision (EU) 2021/867 shall continue to apply to the references of the harmonised standards for toys until the dates set out in the following table:
No |
Reference of the standard |
Date of withdrawal |
1. |
EN 71-2:2011+A1:2014 Safety of toys — Part 2: Flammability |
15 May 2022 |
2. |
EN 71-3:2019 Safety of toys — Part 3: Migration of certain elements |
15 May 2022 |
3. |
EN 71-4:2013 Safety of toys — Part 4: Experimental sets for chemistry and related activities |
15 May 2022 |
4. |
EN 71-13:2014 Safety of toys — Part 13: Olfactory board games, cosmetic kits and gustative games |
15 May 2022 |
- Article 1 of Implementing Decision (EU) 2019/1728 shall continue to apply to the references of the harmonised standards for toys until the dates set out in the following table:
No |
Reference of the standard |
Date of withdrawal |
1. |
EN 71-7:2014+A2:2018 Safety of toys — Part 7: Finger paints – Requirements and test methods Note: For the allowed preservative Climbazole (entry 22 in Table B.1 of Annex B to this standard) the presumption of conformity applies up to a maximum allowed concentration of 0,2 % (not: 0,5 %). This is based on the ‘ADDENDUM to the Opinion on Climbazole (P64) ref. SCCS/1506/13’ of the Scientific Committee on Consumer Safety (SCCS) that was adopted after the publication of the standard by CEN. https://ec.europa.eu/health/sites/health/files/scientific_committees/consumer_safety/docs/sccs_o_212.pdf |
28 November 2021 |
2. |
EN 71-12:2013 Safety of toys — Part 12: N-Nitrosamines and N-nitrosatable substances |
28 November 2021 |
3. |
EN 62115:2005 Electric toys – Safety (IEC 62115:2003 (Modified) + A1:2004) EN 62115 :2005/A2:2011 (IEC 62115:2003/A2:2010 (Modified) EN 62115:2005/A2:2011/AC:2011 EN 62115:2005/A11:2012 EN 62115:2005/A11:2012/AC:2013 EN 62115:2005/A12:2015 |
21 February 2022 |
New European initiative on Toy Safety Directive
On 5th October 2021, the European Commission launched the following initiative regarding the Toy Safety Directive:
The aim of this initiative is to better protect children against risks in toys, particularly from chemicals. However, the Commission’s evaluation of the Toy Safety Directive identified others shortcomings, such as:
- Market surveillance was considered to be weak
- The transposition into national law by EU member states of the regular amendments of the Toy Safety Directive for chemical requirements was not always satisfactory.
- New risks in toys have recently emerged which are not adequately addressed by the Directive, such as risks relating to personal data and privacy protection from internet-connected toys, such as dolls or robots that ‘communicate’ with children.
With this initiative, the Commission will assess measures to improve the safety rules for toys, in particular relating to chemicals, such as:
- Extending the general risk-assessment approach in other hazardous substances such as endocrine disruptors or substances that are persistent and bioaccumulative;
- Revising the derogations of the general prohibition of CMRs;
- Integrating into the Directive limit values for chemicals currently set out in other legislation and unifying the way such limits are expressed.
- Allowing the setting of chemical limit values for any toys (not only for those aimed at children under 36 months);
- Establishing positive lists for certain substances such as colourants or preservatives;
- Setting out requirements for the labelling of the chemical composition of toys, including via digital labelling.
- The need to address new risks in internet-connected toys or toys using artificial intelligence.
To improve the compliance and enforcement of toy safety rules, the Commission will assess possible measures such as:
- A digital product passport containing manufacturer compliance documentation on a toy which could serve or replace, the current EU declaration of conformity.
- Setting up a fast-track mechanism to address sudden emerging risks while preserving the integrity of the single market.
- Converting the Directive into a Regulation, to ensure the timely and simultaneous application of the toy safety rules in all EU member states.
- Improving reporting obligations by EU member states on unsafe toys and the application of the toy safety rules, and identifying indicators and the related data needed for future monitoring and evaluation.
For more information, consult the initiative on the European Commission website here.
UFI code in case of poisoning accidents in children
In November 2021, the European Chemical Agency (ECHA) launched an EU-wide campaign to increase awareness about the UFI (unique formula identifier).
The UFI is a 16-character code that can be found on the labels of everyday chemical products, such as cleaning agents, paints, and adhesives. It helps poison center to identify the product and its ingredients quickly, so that they can give accurate advice faster.
For more information, consult the Poison center’s website here.
New publication of UN Regulation Nº 129
On 22nd October 2021, the European Commission published the last version of UN Regulation Nº 129 in the Official Journal of the European Union.
The publication UN Regulation No 129 – Uniform provisions concerning the approval of Enhanced Child Restraint Systems used on board of motor vehicles [2021/1806] incorporates all valid text up to supplement 4 into the 03 series of amendments – Date of entry into force: 3 January 2021.
For more information, consult the official publication here.
New version of Toy Safety Directive guidance document
On 22nd September 2021, the European Commission published the new version of the Toy Safety Directive 2009/48/EC explanatory guidance document.
This guide is intended only to facilitate the application of Directive 2009/48/EC by all stakeholders. For example, one of the aims is to provide guidance on how to ensure that the information in instructions and warnings is accessible and can be understood by consumers, and those who play with the toy, so that they can use the toy safely and appropriately.
For more information, consult the TSD explanatory guidance document in ENGLISH (Rev 1.10) on the European Commission’s website here.
The following table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):
(*) Date of availability: date when the definitive text in the official language versions of an approved CEN/CENELEC publication is distributed by the Central Secretariat.
(**) 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 Availability (*) |
Supersedes |
Safety of toys - Mechanical and physical properties - Guidance on categorisation of projectile toys within EN 71-1 |
2021-11-10 |
|
|
Reference |
Title |
Date of Withdrawal (**) |
Supersedes |
Outdoor candles - Product safety labels |
2022-06-30 |
|
|
Outdoor candles - Specification for fire safety |
2022-06-30 |
|
New extended producer responsibility sections in the environmental code
The French Ministry of Ecological Transition has been working on the extended responsibility sector of the producer in consumer products. On 27th October 2021, it published an order laying down and defining:
- Specifications of what the eco-organisations have to contribute or provide for the reuse, repair, recycling and treatment of waste.
- Specifications of the individual systems put in place, where applicable, by producers to individually fulfill their extended responsibility obligations.
Sporting and leisure articles defined in article R. 543-330 of the code of the environment.
This order enters into force on January 1, 2022.
On other hand, law n ° 2020-105 of February 10, 2020 relating to the fight against waste and the circular economy, provides for the establishment of an extended producer responsibility (EPR) chain for sporting and clothing items as of January 1, 2022.
For more information, visit the Légifrance website here.
Fighting against gender stereotypes through toys
On 30th November 2021, the Ministry of the Economy, Finance and Recovery (Ministère de l’economie des finances et de la reliance) announced published that the 2021 edition of the charter for mixed representation of toys was signed. The document brings together public actors and industry professionals and aims to fight against gender stereotypes, from an early age through toys.
For more information, consult the official publication in French here.
The assessment of the environmental claims of school supplies
In 2020, the DGCCRF (Direction générale de la concurrence, de la consommation et de la répression des frauds) investigated the school supplies sector to ensure the veracity of the environmental claims made by a growing number of products.
Claims of environmental friendliness are subject to compliance with Laws n° 2020-105 of February 10, 2020 relating to the fight against waste and the circular economy, and n ° 2021-1104 of August 22, 2021 on the fight against climate change so that consumers can receive fair information and make more informed purchases.
In addition, the environmental claims used must not be contrary to the provisions of the Consumer Code relating to deceptive commercial practices (articles L. 121-2 and following), and must therefore be explicit and precise so as not to mislead the consumer. They must also be based on relevant and verifiable scientific evidence.
The DGCCRF is investigating to verify that the environmental claims put forward in the labeling of products were indeed verified by professionals.
For more information, visit the DGCCRF website here (in French).
Safety control of outgoing laser devices
In 2020, the DGCCRF investigated outgoing laser devices and carried out a survey of around one hundred establishments in order to guarantee the safety of this type of devices according to Decree n ° 2007-665 amended May 2nd, 2007, known as the “lasers” decree.
Outgoing lasers are defined as devices which produce or amplify laser radiation through the phenomenon of controlled simultaneous emission, the light beam of which is accessible to the user (laser devices which do not include an outgoing laser, such as CD players were therefore excluded from the scope of the survey). Thus, this definition covers various products, such as those which project beams of bright colours intended for decorative or festive purposes. They can also be products of common use such as:
- Toys: laser guns, animal toys, etc.
- DIY related items: measuring instruments using an outgoing laser (range finders, levels, devices for calculating an area) or laser guides affixed to DIY tools.
- Various electronic devices: remote controls, pointers used during guided site visits, etc.
The result was an anomaly rate of 12%.
For more information, visit the DGCCRF website here (in French).
New guidance for products with small, high-powered magnets
In October 2021, the UK authority published a guide on the risk assessment of products that contain small, high-powered magnets.
The aim of this document is to provide additional context to support local authorities in carrying out risk assessments for products with small, high powered magnets which are not legislated or where there are no safety requirements for these items.
For example: desk toys or stress relievers, fridge/notice board magnets, magnetic mouth or nose jewellery, magnetic ear and/or body jewellery, magnetic glassware charms, etc...
The Office for Product Safety and Standards (OPSS) defines high powered magnets as those which have a magnetic flux of greater than 50 kG2mm2.
For more information, consult the guidance here.
China publishes updated GB Standards
On 21st May 2021, the announcement Nº 7 of 2021 was published by China National Standardization (SAC). The table below summarises the standards which became effective on 1st December 2021.
No. |
Standard No. |
Standard Name |
Superseded Standard |
Implementation Date |
16 |
GB/T 4893.1-2021 |
GB/T 4893.1-2005 |
2021-12-01 |
|
112 |
GB/T 22808-2021 |
Leather and fur chemical test. Determination of chlorophenol |
GB/T 22808-2008 |
2021-12-01 |
113 |
GB/T 22888-2021 |
GB/T 22888-2008 |
2021-12-01 |
|
114 |
GB/T 22889-2021 |
Leather physical and mechanical testing. Determination of surface coating thickness |
GB/T 22889-2008 |
2021-12-01 |
120 |
GB/T 24279.2-2021 |
Textiles. Determination of certain flame retardants. Part 2: Phosphorus flame retardants |
|
2021-12-01 |
126 |
GB/T 25301-2021 |
GB/T 25301-2010 |
2021-12-01 |
|
264 |
GB/T 40180-2021 |
|
2021-12-01 |
|
310 |
GB/T 40228-2021 |
Guidelines for the Control of Certain Chemical Substances in Clothing Accessories and Components |
|
2021-12-01 |
353 |
GB/T 40270-2021 |
General technical requirements for textiles based on consumer experience |
|
2021-12-01 |
359 |
GB/T 40276-2021 |
|
2021-12-01 |
Direct final rule for Infant swings
On 28th October 2021, the U.S. Consumer Product Safety Commission (CPSC) published a direct final rule which updates the mandatory standard for Infant swings.
It incorporates the standard ASTM F2088-21 in 16 CFR part 1223.
This standard revised the age and, developmental information and harmonised these two points with the ASTN F2194 Bassinets and cradles standard.
The rule will be effective from 29th January 2022, unless the Commission receives a significant adverse comment by November 29th, 2021. In such case, it will be withdrawn.
For more information, consult the federal register publicationhere.
Direct final rule for carriages and strollers
On 18th November 2021, the U.S. Consumer Product Safety Commission (CPSC) published a direct final rule which updates the mandatory standard for carriages and strollers.
It incorporates the standard ASTM F833-21 in 16 CFR part 1227.
This standard includes an allowance for a concrete floor test surface, the addition of parking brake mechanism test methods, a summary list of references on combination units of a car seat on a stroller and non-substantive changes.
The rule will be effective from 15th February 2022, unless the Commission receives a significant adverse comment by December 20th, 2021. In such case, it will be withdrawn.
For more information, consult the federal register publication here.
New labeling requirements for Premoistened nonwoven disposable wipes in California
On 6th October 2021, the governor of California approved the Bill No 818 - Solid waste: premoistened nonwoven disposable wipes which require that premoistened nonwoven disposable wipes are labelled clearly with the phrase “Do Not Flush” and a symbol (INDA/EDANA code) on or after July 1, 2022 and with the exception of disinfecting wipes, have until January 1, 2023 to update their labelling.
Public consultation on regulatory actions in consumer product
On 18th November 2021, the Department of Ecology for the State of Washington opened a public comment period of 60 days on regulatory actions addressing chemicals in consumer products.
The main points are the restrictions on:
- Flame retardants in the enclosures for electric and electronic products, and recreational foam (like in gymnasiums).
- Polychlorinated biphenyls (PCBs) in paints and printing inks, which are created inadvertently during pigment manufacturing.
- Per- and polyfluoroalkyl substances (PFAS) in carpets and rugs, leather and textiles, home furniture and furnishings, and treatment sprays for textile and leather products.
- Bisphenols in thermal paper (like receipts) and drink can linings.
- Alkylphenol ethoxylates (APEs) in laundry detergents.
- Phthalates in vinyl flooring and personal care and beauty products.
For more information, visit the Department of Ecology for the State of Washington website here.
Labeling requirements Amendment proposal for Upholstered and Stuffed Articles
On 20th October 2021, the Quebec authorities published the proposed Bill 103 with the aim of repealing the Quebec Upholstered and Stuffed Articles Act.
If the parliament approves this bill, Quebec will be aligned with Ontario and Manitoba which repealed their upholstered and stuffed articles regulations in 2019 and 2020 respectively. Manufacturers, importers, retailers, renovators and distributors with bedding, upholstered or stuffed articles would have no labelling requirements for these kind of products.
For more information about the current legislation in Quebec, visit the Ministry of Economy and Innovation here.
Publication of Industry guidance for Corded Window Coverings Regulations
On 18th November 2021, Health Canada published the Industry guidance related to the Corded Window Coverings Regulations (SOR/2019-97). These regulations came into force on May 1, 2021 and Health Canada is prioritising the promotion of awareness, compliance with the Regulations and test method M22 for a period of one year from the coming-into-force date until April 30, 2022.
A corded window covering product is considered a consumer product if consumers are able to obtain the product for their own non-commercial (residential) use and if the same product may also be installed in commercial buildings (office buildings, restaurants, etc.). A consumer product is regulated under the Canada Consumer product Safety Act (CCPSA).
For general information regarding the Regulations, please see the following links:
- Corded Window Coverings Regulations
- Industry guidance related to the Corded Window Coverings Regulations
New requirements for school articles
On 8th October 2021, Inmetro (Brazil’s Ministry of Economy/National Institute of Metrology, Quality and Technology) published the Ordinance No. 423 which establishes criteria and procedures for assessing the conformity of school articles. It is focused on safety through the certification mechanism, aiming to minimise the possibility of consumption accidents that endanger the health and safety of children under 14 years of age.
The complementary documents for the conformity assessment requirements are:
Reference |
Title |
Inmetro Ordinance No. 200 of 2021 |
Approves the General Product Certification Requirements - RGCP. |
ABNT NBR 15236:2021 |
School Item Security. |
This ordinance also provides the following information:
- Annex I: Consolidated conformity assessment requirements.
- Annex II: specifications for the conformity identification seal and the following words in the packaging:
"ATENÇÃO: Contém artigo escolar certificado no âmbito do Sistema Brasileiro de Avaliação da Conformidade."
- Certification Model (1b (batch testing) or 5 (test, evaluation and audit)
- Annex III: List of 24 product categories for school articles. In this ordinance provides the
The Ordinance came into force on 1st November 2021, but manufacturers and importers will have until December 31, 2022 to update the layout of the Conformity Identification Seal, as established in Annex II of this Ordinance.
New requirements for pacifiers
On 12th November 2021, Brazil’s Ministry of Economy/National Institute of Metrology, Quality and Technology published an amendment related to the Inmetro Ordinance No. 301 of July 12, 2021 which includes the requirements for pacifiers.
This amendment changes the final date to adapt the layout of the Conformity Identification Seal from December 31, 2021, to December 31, 2022.
For more information, consult the official publication here
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 |
Armenia |
Draft Amendments № 3 to the Customs Union Technical Regulation «On the Safety of Toys» (CU TR 008/2011) Clarification of specific requirements of the technical regulation based on the results of its application practice, including clarification of the concepts of the technical regulation, clarification of requirements for new types of toys, and clarification of requirements for the maximum and equivalent sound level of toys. |
|
Korea |
A draft revision for Supplier's Declaration of Conformity criteria for Kick board for Children
|
|
Russia |
Draft Amendments № 3 to the Customs Union Technical Regulation «On the Safety of Toys» Clarification of specific requirements of the technical regulation, including clarification of the content of the technical regulation, clarification of requirements for new types of toys (for instance, kids makeup and perfume, etc.), and clarification of requirements for the maximum and equivalent sound level of toys. |
COVID-19 | Testing, inspection and certification of products and devices
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