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Consumer Products | Monthly bulletin | April 2023

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Chemical | Cosmetics & Personal Care | Softlines & Leather | Toys, Childcare & Hardlines

Chemical

Europe

Condition of restriction for PFCA

On 25^th February 2023, the REACH restriction according to Annex XVII for Linear and branched perfluorocarboxylic acids (C9-C14 PFCAs), their salts and C9-C14 PFCA related substances, came into force.

Manufacturing, placing on the market and use of these substances, must now adhere to Entry 68 of Annex XVII of REACH legislation.

Some uses have been granted longer transition periods such as:

Textiles for oil- and water-repellency for the protection of workers from dangerous liquids that pose risks to their health and safety;
The manufacture of polytetrafluoroethylene (PTFE) and polyvinylidene fluoride (PVDF) for the production of:
- high performance, corrosion resistant gas filter membranes, water filter membranes and membranes for medical textiles;
- industrial waste heat exchanger equipment;
- industrial sealants capable of preventing leakage of volatile organic compounds and PM 2,5 particulates.

The transition period date shall end as of 4^th July 2023.

This restriction does not apply to articles placed on the market before 25 February 2023.

For more information, consult the ECHA’s website here.

Two new proposals for SVHCs candidate list

On 22^nd February 2023, the European Chemical Agency (ECHA) published two proposals regarding substances to be considered to be identified as new substances of very high concern (SVHCs). If a substance is identified as an SVHC, it will be added to the Candidate List for eventual inclusion in the Authorisation List.

The substances are:

Substances	EC Number	CAS nuber	Applications
Bis(4-chlorophenyl) sulphone.	201-247-9	CAS 80-07-9	Used for the manufacture of chemicals, plastic products and rubber products.
Diphenyl(2,4,6-trimethylbenzoyl)phosphine oxide.	278-355-8	75980-60-8	Used in inks and toners, coating products, photo-chemicals, polymers, adhesives, sealants, fillers, putties, plasters, and modelling clay

The deadline for comments on these submissions was 3^rd April 2023.

Additional recent updates regarding REACH Regulation

The following table provides a non-exhaustive summary of some recent updates regarding REACH Regulation (EC) No 1907/2006:

Summary of the most recent updates
Date	Subject	Link
21/02/2023	The new version of the ECHA’s Guidance on monomers and polymers has been published. The aim of this new version is to implement the BoA’s decision, it also includes changes to the description of registration obligations for those importing and manufacturing polymers and monomers.	More information on ECHA’S website here.
22/02/2023	New product categories for notifying poison centres With the improvements to the description of products and categories, the ECHA wants to help notifiers to specify more about the use and description of their hazardous mixtures.	More information on Poison Centres’s website here.
22/02/2023	Nanopinion: Graphene electronic tattoos	More information on EUON’s website here.
28/02/2023	ECHA updates recommendations to improve REACH registrations The updated recommendations will help companies to comply with REACH requirements and ensure the safe use of chemicals. They focus on avoiding animal testing, specifically providing advice on read across. Statistics on the progress made on evaluating registered substances in 2022 have also been released.	More information on ECHA’S website here.
06/03/2023	Commission Regulation (EU) 2023/464 of 3 March 2023 amending, for the purpose of its adaptation to technical progress, the Annex to Regulation (EC) No 440/2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals. It adds several new/updated methods to the list of approved methods for testing chemicals pursuant to REACH, which have the potential to reduce the amount of animal testing carried out using chemicals.	More information on European Commission here.
08/03/2023	The consolidated opinions of the Committees for Risk Assessment (RAC) and Socio-economic Analysis (SEAC) and the supplementary opinion of RAC on the proposal to restrict lead in outdoor shooting and fishing submitted by ECHA was published.	More information on ECHA’S website here.
08/03/2023	Hexavalent chromium in electroplating Information about applications for authorisation of Cr(VI) in electroplating is available on the ECHA’s website.	More information on ECHA’S website here.
15/03/2023	ECHA published its regulatory strategy for flame retardants, identifying aromatic brominated flame retardants as candidates for an EU-wide restriction.	More information on ECHA’S website here.
15/03/2023	Publication of reports assessing the regulatory needs for a group of piperazine-functionalised polyamines	More information on ECHA’S website here.

Other interesting links about REACH from the ECHA’s website

Other interesting links about CLP on the ECHA’s website

European initiatives related to Chemicals

Recent initiatives by the European Commission related to Hazardous chemicals include:

Initiative	State
Prohibiting production for export of chemicals banned in the European Union. The aims to introduce a mechanism prohibiting production and/or export of certain hazardous chemicals that are banned in the EU – to protect non-EU countries from their negative effects on human health and the environment. The initiative will further align internal and external policies and improve the international standing of the EU, strengthening the credibility of its actions. It will fulfil a commitment made in the EU’s chemicals strategy for sustainability.	In preparation
Perfluoroctanoic acid (PFOA) This act concerns PFOA, its salts and PFOA-related compounds (included in Annex I of Regulation (EU) 2019/1021). It amends the PFOA concentration as an unintentional trace contaminant in substances, mixtures and articles, and removes a specific exemption that is no longer needed in the EU.	Commission adoption process
Update of EU rules for test methods This initiative will add a number of new/updated methods to the list of approved methods for testing chemicals pursuant to REACH, which have the potential to reduce the amount of animal testing carried out using chemicals.	Commission adoption process
Hazardous chemicals – rules on export and import (updated lists of chemicals) This initiative updates 2 lists of chemicals in the EU Regulation 649/2012 on international trade in hazardous chemicals: those subject to export restrictions (Annex I) those that cannot be exported (Annex V). It aims to prevent unwanted imports and ensure that information on hazards, risks and safe handling is always provided when hazardous chemicals are exported.	Feedback period open until 17^th April 2023

Chemicals legislations in the UK and Europe

Commom chemical legislation between the UK and the EU no longer exists post Brexit and as such, there are differences to be aware of in the regulatory environment in each of these markets. The expectation of a complete reformulation of the EU CLP before 2024 do that both regulations moves away to a more.

Below are some examples about differences that exist in chemical regulation in the EU and the UK.

An EU legal entity must be listed on both the SDS and the label. This means that a UK company selling a product in the EU will have to use a European legal entity to act as an intermediary, and vice versa.
Since January 2023 in Europe, SDSs must comply with Regulation (EU) 2020/878 throughout the European Union, which aligned the SDS format with the GHS Revised 8^th Edition. The UK has not yet implemented the latest update of the GHS into its legislation.
The UK SDS does not include the new warnings for nanoforms and endocrine disrupting chemicals or the new parameters in section 9.1 as indicated in the new revised version of the GHS and Regulation (EU) 2020/878.
In Europe, it is mandatory to use unique formula identification codes (UFI) and creating PCN files for mixtures. The unique formula identifier (UFI) code must to appear in section 1.1 of the SDS when exporting mixtures to the EU. Mixtures that meet specific conditions must also complete poison center notification (PCN).
In the UK it is not mandatory to generate or send a UFI code, but it is required for Northern Ireland, where the EU CLP Regulation applies and where there is a requirement to provide specific information about your products to the NPIS.

For more information about chemical legislation, consult the ECHA website for European legislation details and the HSE for UK legislation.

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
G/TBT/N/CHE/275	Switzerland	Annex 1.10 of Chemical Risk Reduction Ordinance (ORRChem) 24 additional substances are included by reference to the EU regulations (Substances newly included in Annexes 1 -6 of Annex XVll of the EU-REACH regulation). These substances may no longer be supplied to the general public after December 1, 2023
G/TBT/N/CHE/276	Switzerland	Annexes 2 and 3 of the Ordinance on Protection against Dangerous Substances and Preparations (Chemicals Ordinance; ChemO) Annex 2: The technical regulations for the classification, labelling and packaging of substances and preparations will be updated and thus adapted to technical progress in the EU (19^th and 20^th ATP of the EU CLP Regulation): For two groups of substances (borates/ethylhexanoic acid and its salts), stricter criteria for classification with regard to reprotoxicity (additivity principle) are to be introduced. Annex 3: Ten substances are included in the candidate list of substances of very high concern. This listing triggers obligations along the supply chain.
G/TBT/N/EU/957	Europe	Draft Commission Delegated Regulation amending Regulation (EC) No 1272/2008 as regards to harmonised classification and labelling of certain substances The purpose of this draft amendment of Regulation (EC) 1272/2008 on classification, labelling and packaging of substances and mixtures (the CLP Regulation) is to amend Table 3 of Part 3 of Annex VI to the CLP Regulation, by introducing new and revised entries for the harmonised classification and labelling of several substances or substance groups.

The New York Governor Signs Bill S01322 amending the law prohibiting the intentional use of PFAS substances in apparel

On March 24, 2023, Governor Hochul signed bill S01322 that amends the current law prohibiting the intentional use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in textiles.

For apparel, the bill S01322 aligns the terminology as well as the timeline of the New York PFAS in apparel law with that of the California law that prohibits intentional use of PFAS substances in textiles. However, the scope of the New York law is limited only to apparel, compared to much broader California law that covers textile products.

Following is a summary of the key amendments:

Requirements: prohibits intentional use of PFAS substances. In addition, one year after enactment of regulation implementing the law, but no later than January 1, 2027, the requirements will be revised to the PFAS level established by the Department of the Environmental Conservation (DEC).
Effective date: the effective date for general apparel is postponed by 1 year. Effective January 1, 2025, sale of new apparel containing intentionally added PFAS substances is prohibited.
Outdoor apparel for severe wet conditions:
- Definition added for outdoor apparel for severe wet conditions.
  "Outdoor apparel for severe wet conditions" means outdoor apparel that are extreme and extended use products designed for outdoor sports experts for applications that provide protection against extended exposure to extreme rain conditions or against extended immersion in water or wet conditions, such as from snow, in order to protect the health and safety of the user and that are not marketed for general consumer use.
- Effective January 1, 2028, sale of new outdoor apparel for severe wet conditions containing intentionally added PFAS is prohibited.

US EPA Amends Formaldehyde Standards for Composite Wood Products

On February 21^st, 2023, the US Environmental Protection Agency (EPA) issued a Final Rule (88 FR 10468) to amend the formaldehyde standards for composite wood products regulations under the Toxic Substances Control Act (TSCA). The Final Rule went into effect on March 23^rd, 2023.

The following changes has been made under the Final Rule:

Updated Incorporation-By-Reference (IBR) for certain voluntary consensus standards in 40 CFR 770.99 to reflect the most recent editions of those standards issued by the relevant standard organizations.
Conformed Voluntary Consensus Standards in Scope and Definitions
Increased flexibility for Third-Party Certifiers (TPC) by allowing TPCs to utilize external evaluations resources, such as contracting out inspections to a third party in order to complete the certification process in which TPCs certify that the products are TSCA Title VI compliant.
Addressed remote inspections to allow it when in-person, on-site inspections are temporarily impossible because of unsafe conditions caused by natural disasters, health crises, or political unrest.
Improved regulatory consistency through technical corrections

Sustainability, environmental and circular economy

Europe

European Commission publishes a proposal on ‘green claims’

On 22^nd March 2023, the European Commission put forward a proposal for a directive on substantiation and communication of explicit environmental claims, 'green claims directive', (COM/2023/166 final).

The proposal requires companies to substantiate claims relating to the impacts of their products and the activities of the organization on the environment using robust, science based and verifiable methods.

The directive would establish minimum requirements on the substantiation and communication of voluntary environmental claims and environmental labelling in business-to-consumer commercial practices, without prejudice to other EU legislation setting out conditions on environmental claims for certain products or sectors. It would also set up specific requirements for comparative claims.

More information can be found on the, European Commission‘s website here.

The annual statement relating to non-recycled plastic packaging waste

On 17^th March 2023, European Commission published Commission Implementing Regulation (EU) 2023/595 of 16 March 2023 establishing the form for the statement relating to the own resource based on non-recycled plastic packaging waste pursuant to Council Regulation (EU, Euratom) 2021/770.

This Regulation establishes the form for the statement relating to the own resource based on non-recycled plastic packaging waste. The annual statement shall serve as a supporting document for the Commission control and supervision of the own resource based on non-recycled plastic packaging waste.

This Regulation shall enter into force on 6^th April 2023.

France

Requirements for producers of packaging for the catering sector

On 8^th March 2023, the Minister for Ecological Transition and Territorial Cohesion published the Decree No. 2023-162 of March 7, 2023 relating to packaging waste and establishing the extended responsibility chain for producers of packaging used to market products consumed or used by professionals in the catering industry.

Legal persons who place packaged products consumed or used by catering professionals on the national market will be required to organise or contribute to the management of waste from the packaging of these products.

The decree specifies the field of application of this sector by defining the packaging as well as the producers targeted by these provisions. The decree defines the categories of packaging falling under this new EPR sector.

The provisions of the decree will go live the day after its publication.

AGEC Law measures that are in progress and to come

The "AGEC" law has considerably accelerated the change in the production and consumption model, by inviting producers to question the lifecycle of the products they produce and how they can be disposed of ultimately, and the environmental impact this may have.

Today, several measures are already playing an active part in our daily lives. Others are being deployed, with the same purpose. Below, is a summary of ten measures of the anti-waste law that are already at work:

Prohibition of several single-use plastic products, which pollute the environment.
End of disposable tableware in restaurants, especially fast food restaurants, for meals eaten on site.
Removal of plastic packaging around fruits and vegetables that can be sold in bulk.
Deployment of a new sorting information on the majority of everyday products to simplify sorting, give a second life to used products and improve recycling.
Generalisation of the collection of plastic packaging in the yellow bin.
A repairability index on electronic products, to better inform consumers and extend the life of products.
Obligations for manufacturers to put detailed information on the environmental characteristics of products online. For example, for textiles and the geographical traceability of the various stages of the manufacturing process.
Prohibition on disposing of non-food items that have not been sold.
The "repair bonus" for electrical and electronic devices
Implementation of in-store take-back of several everyday objects: furniture, toys, sports and leisure items, DIY and gardening items

Ten measures that will soon be implemented to continue the fight against all forms of waste in our daily lives:

Go beyond the repairability index by creating a new durability index for electronic products.
Cash receipts printed on demand for small daily purchases.
Creation of a new circular economy sector to better reuse and recycle packaging from the professional sector.
Go further on the collection of packaging, in particular plastic bottles, to aim for 90% collection for recycling in 2029 and develop the reuse of bottles.
Generalise packaging sorting bins in public spaces.
Implement the plastic packaging reduction, reuse and recycling (3R) strategy.
Transforming the textiles sector with the new 2023-2028 roadmap.
Develop plastic microfiber filter solutions on washing machines to avoid releases of microplastics that pollute the ocean.
Provide the French with a solution for collecting food scraps to convert this bio-waste into biogas or compost useful for the circular economy of the territories
Deploy eco-design bonuses and penalties to encourage manufacturers to make their products more sustainable and recyclable/ eco-friendly.

For more information, please visit the Ministry of Ecological Transition and Territorial Cohesion website here.

Publication of frequently asked questions related to environmental labelling

From 1^st January 2023, producers, importers and any marketers have must make information relating to the environmental qualities and characteristics of waste-generating products according to Decree in Council of State n°2022-748 and article 13 I of the Law of February 10, 2020 (AGEC), as they relate to the fight against waste and to contributing to the circular economy, to consumers.

Each product must have a corresponding "product sheet on environmental qualities and characteristics", available and easily accessible free of charge, for example using a search engine, on a dedicated page or website.

Environmental qualities and characteristics are to be disclosed include:

Compostability
incorporation of recycled material
reusability
recyclability
presence of precious metals and rare earths
presence of hazardous substances
geographical traceability
presence of plastic microfibres.

The French Ministry of Ecological Transition and Territorial Cohesion published a document with the aim of answering practical questions on the interpretation and implementation of the Decree in Council of State n°2022-748 of April 29, 2022. This document is available in French and English in its website here.

The New York Governor Signs Bill S01322 amending the law prohibiting the intentional use of PFAS substances in apparel

On March 24, 2023, Governor Hochul signed bill S01322 that amends the current law prohibiting the intentional use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in textiles.

Following is a summary of the key amendments:

Requirements: prohibits intentional use of PFAS substances. In addition, one year after enactment of regulation implementing the law, but no later than January 1, 2027, the requirements will be revised to the PFAS level established by the Department of the Environmental Conservation (DEC).
Effective date: the effective date for general apparel is postponed by 1 year. Effective January 1, 2025, sale of new apparel containing intentionally added PFAS substances is prohibited.
Outdoor apparel for severe wet conditions:
- Definition added for outdoor apparel for severe wet conditions.
  "Outdoor apparel for severe wet conditions" means outdoor apparel that are extreme and extended use products designed for outdoor sports experts for applications that provide protection against extended exposure to extreme rain conditions or against extended immersion in water or wet conditions, such as from snow, in order to protect the health and safety of the user and that are not marketed for general consumer use.
- Effective January 1, 2028, sale of new outdoor apparel for severe wet conditions containing intentionally added PFAS is prohibited.

International

New method of loss material determination in textiles during washing

In February 2023, the International Organization for Standardization (ISO) published the new method for systematically collecting material loss from fabrics under laundering test conditions to achieve comparable and accurate results. There is no direct correlation to material loss during domestic and commercial laundering. The method is designed to assess material loss of all types. The standard is:

Reference	title	Technical committe
ISO 4484-1:2023	Textiles and textile products — Microplastics from textile sources — Part 1: Determination of material loss from fabrics during washing	ISO/TC 38 Textiles

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Cosmetics & Personal Care

Nanoparticles: First European laboratory accredited

Considered as potentially hazardous to human health, nanomaterials are used in several sectors such as construction, food, and cosmetics. International regulations apply pertaining to the use of nanomaterials, including European regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals, and Californian regulations.

To ensure your cosmetic products comply with regulatory obligations, Eurofins companies offer dedicated tests to characterise and analyse nanoparticles, including titanium dioxide TiO2 and zinc oxide ZnO.

Our specialised laboratory in France is the first European laboratory accredited in accordance with the NF EN ISO/IEC 17025 standard on the characterisation of the morphology and distribution size for nanoparticles in raw materials used in cosmetics and finished cosmetics products using Transmission Electron Microscopy (TEM) technology.

An ex vivo human skin model to design microbiome-friendly products

Our skin is home to a very large number of microorganisms, which can be classified as commensal, symbiotic, or pathogenic, depending on their "link" with the host.

The term "skin microbiota" covers all the microorganisms present on the skin. Numerous studies have highlighted the role of skin microbiota in the quality of skin tissue. Therefore, it is important to maintain a healthy skin microbiome.

Certain cosmetic products may contain ingredients that can impact the composition of the skin's microbiota and induce lasting changes.

That’s why our experts designed an ex vivo human skin model with three different bacterial strains, such as S. epidermidis, S. aureus, C. acnes and Corynebacterium spp.

Using microbiology techniques, the human skin model makes it possible to determine the impact of various cosmetic products on the growth or formation of bacterial biofilms on the skin!

This allows for the validation of cosmetic product claims such as:

microbiote-friendly, pre-pro-biotic
anti-microbial activity: demonstrate that a product inhibits the growth of pathogenic bacteria while preserving commensal bacteria.
demonstrate the ability of a product to stimulate antimicrobial peptides
anti-dandruff activity thanks to the model where explants from the scalp are inoculated with three different strains of Malassezia.

This ex vivo approach complements Eurofins’ complete microbiota offering (including clinical evaluation, instrumental analysis, and metagenomic analysis).

Substantiate your cosmetic product claims with our innovative image analysis software

Image analysis is becoming increasingly popular in the cosmetics sector to analyse skin health (with the ability to highlight hyperpigmentation, uneven skin tone and similar issues) and to illustrate the effectiveness of skincare products, thanks to detailed imaging.

With years of experience in image analysis, the Eurofins Cosmetics & Personal Care network supports cosmetic companies with image processing and analysis to validate cosmetic product claims.

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Softlines & Leather

France

Publication of frequently asked questions related to environmental labelling

Environmental qualities and characteristics are to be disclosed include:

Compostability
incorporation of recycled material
reusability
recyclability
presence of precious metals and rare earths
presence of hazardous substances
geographical traceability
presence of plastic microfibres.

Other interesting publications related to textile products in the French market

Below is a summary of recent publications related to Extended Producer Responsibility (ERP) and textiles:

Date

Authority

Title

10/03/2023

The Minister for Ecological Transition and Territorial Cohesion

Order of March 1, 2023 amending the order of November 23, 2022 on the specifications of eco-organisations and individual systems and the extended responsibility of producers of textiles, footwear and household linen (TLC).

It defines criteria regarding incorporating raw materials from recycling.

09/03/2023

The General Directorate for Competition, Consumer Affairs and Fraud Prevention (DGCCRF).

Clothing: the 6 indications to spot on the labels

Overview of the six criteria to review before buying clothing: Composition, size, care explanations, price , origin and if clothing is new or second-hand .

The New York Governor Signs Bill S01322 amending the law prohibiting the intentional use of PFAS substances in apparel

On March 24, 2023, Governor Hochul signed bill S01322 that amends the current law prohibiting the intentional use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in textiles.

Following is a summary of the key amendments:

Requirements: prohibits intentional use of PFAS substances. In addition, one year after enactment of regulation implementing the law, but no later than January 1, 2027, the requirements will be revised to the PFAS level established by the Department of the Environmental Conservation (DEC).
Effective date: the effective date for general apparel is postponed by 1 year. Effective January 1, 2025, sale of new apparel containing intentionally added PFAS substances is prohibited.
Outdoor apparel for severe wet conditions:
- Definition added for outdoor apparel for severe wet conditions.
  "Outdoor apparel for severe wet conditions" means outdoor apparel that are extreme and extended use products designed for outdoor sports experts for applications that provide protection against extended exposure to extreme rain conditions or against extended immersion in water or wet conditions, such as from snow, in order to protect the health and safety of the user and that are not marketed for general consumer use.
- Effective January 1, 2028, sale of new outdoor apparel for severe wet conditions containing intentionally added PFAS is prohibited.

Standards updates

See below a table summarising some recent ASTM standards updates:

Reference	Title
ASTM D4704-13 (2023)	Standard Test Method for Tearing Strength, Tongue Tear of Leather
ASTM D4705-18 (2023)	Standard Test Method for Stitch Tear Strength of Leather, Double Hole
ASTM D5052-18 (2023)	Standard Test Method for Permeability of Leather to Water Vapor
ASTM D5099-08 (2022)	Standard Test Methods for Rubber – Measurement of Processing Properties Using Capillary Rheometry
ASTM D6076-18 (2023)	Standard Test Method for Shrinkage Temperature of Leather
ASTM D6077-16 (2023)	Standard Test Method for Trapezoid Tearing Strength of Leather
ASTM D8137-18 (2023)	Practice for Accelerated Aging of Leather
ASTM F1004-23	Standard Consumer Safety Specification for Expansion Gates and Expandable Enclosures
ASTM F2906-23	Standard Consumer Safety Specification for Bedside Sleepers
ASTM D1517-23	Standard Terminology Relating to Leather
ASTM D178-22	Standard Specification for Rubber Insulating Matting
ASTM F2057-23	Standard Safety Specification for Clothing Storage Units
ASTM F2793-14 (2023)	Standard Specification for Bicycle Grips

Canada

Canada Updates Textile Flammability Test Method

Canada has recently updated Canadian General Standards Board standard CAN/CGSB-4.2 No. 27.5, entitled Textile test methods – Flame resistance - 45° angle test – One-second flame impingement (the “Standard”). Flammability requirements for textile products are set out in various regulations under the Canada Consumer Product Safety Act that incorporate the Standard as the national test method for determining the flame spread properties of a textile product.

The new 2023 edition of the Standard includes the following revisions:

Added definitions for “base burn”, “charred/charring” and “melting”.
Incorporated dry cleaning requirements from CAN/CGSB-4.2 No. 30.3-1994.
Added informative Annex B outlining burning codes to describe results.
Added informative Annex C to describe testing steps related to presence of flame retardants.
Updated figures.
Updated washing and drying parameters, cooling times and criteria for testing additional specimens.

International

New method of loss material determination in textiles during washing

Reference	title	Technical committe
ISO 4484-1:2023	Textiles and textile products — Microplastics from textile sources — Part 1: Determination of material loss from fabrics during washing	ISO/TC 38 Textiles

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Toys, Childcare & Hardlines

Europe

European Commission publishes a proposal on ‘green claims’

More information can be found on the, European Commission‘s website here.

2023 annual union work programme for European standardisation publication

On 13^th March 2023, the European Commission published the 2023 annual union work programme for European standardization.

This notice identifies the European standards and European standardisation deliverables that the Commission intends to request for 2023, together with specific objectives and policies for the standards and deliverables indicated in the notice annex.

The annex in the Notice contains actions for the development and revision of European standards and European standardisation deliverables, which are necessary for the support of union legislation and policies and thereby reinforce the EU’s leading role in global standards-setting.

The 2023 annual union work programme for European standardisation contains 84 actions divided into four main categories:

Green transition such as quality of water, treatment of wastewater and reduction of microplastics released into the environment.
Digital transition such as safe and trustworthy artificial intelligence systems
Resilience of European industries
Internal market for products and services such as:
- Safety of toys
- Safety of consumer products
- Personal protective equipment
- A service market for office equipment

One of nine 2023 strategic priorities include the deployment of the digital product passport for consumer products.

For more information, please consult the official publication on the European Commission website here.

The annual statement relating to non-recycled plastic packaging waste

This Regulation shall enter into force on 6^th April 2023.

Public European initiatives

The latest consultations by the European Commission related to chemicals are as follows:

Status

Publication

Commission adoption planned for second quarter 2023

Consumer rights - adapting out-of-court dispute resolution to digital markets

This initiative will modernise the Alternative Dispute Resolution (ADR) framework in view of online intermediaries, pre-contractual information, and non-EU traders. ADR aims to ensure redress for consumers without them having to go to court.

Commission adoption planned for second quarter 2023

Revision of EU rules on food contact materials

This initiative aims to modernise the rules, to:

ensure food safety & a high level of public health protection
reduce the presence and use of hazardous chemicals
take account of the latest science & technology
support innovation & sustainability by promoting safe reusable and recyclable solutions, and help reduce the sector’s environmental impact.

The European Commission notified the World Trade Organization of the draft (G/TBT/N/EU/953) on 27^th February 2023.

France

Updated standard list of childcare articles

On 2^nd February 2023, the French authorities published the following notice:

Notice relating to the application of decree no. 91-1292 of December 20, 1991 relating to the prevention of risks resulting from the use of childcare articles

It updated the standard list regarding the use of childcare articles. The updated standards are:

REFERENCE	TITLE	REFERENCE OF THE STANDARD replaced	End date of application of the norm replaced
NF EN 716-1+AC : March 2019	Furniture – Children’s cots and folding cots for domestic use – Part 1: Safety requirements	NF EN 716-1 (February 2018)	01/12/ 2023
NF EN 1888-1 + A1 (April 2022)	Childcare articles – Wheeled child conveyances – Part 1: Pushchairs and prams	NF EN 1888-1 (December 2018) (April 2012)	01/12/ 2023

The childcare products that comply with the replaced standards may continue to be manufactured and placed on the market or imported until the expiration date of the replaced standard application is reached and all remaining stock has been exhausted.

Requirements for producers of packaging for the catering sector

The provisions of the decree will go live the day after its publication.

AGEC Law measures that are in progress and to come

Prohibition of several single-use plastic products, which pollute the environment.
End of disposable tableware in restaurants, especially fast food restaurants, for meals eaten on site.
Removal of plastic packaging around fruits and vegetables that can be sold in bulk.
Deployment of a new sorting information on the majority of everyday products to simplify sorting, give a second life to used products and improve recycling.
Generalisation of the collection of plastic packaging in the yellow bin.
A repairability index on electronic products, to better inform consumers and extend the life of products.
Obligations for manufacturers to put detailed information on the environmental characteristics of products online. For example, for textiles and the geographical traceability of the various stages of the manufacturing process.
Prohibition on disposing of non-food items that have not been sold.
The "repair bonus" for electrical and electronic devices
Implementation of in-store take-back of several everyday objects: furniture, toys, sports and leisure items, DIY and gardening items

Ten measures that will soon be implemented to continue the fight against all forms of waste in our daily lives:

Go beyond the repairability index by creating a new durability index for electronic products.
Cash receipts printed on demand for small daily purchases.
Creation of a new circular economy sector to better reuse and recycle packaging from the professional sector.
Go further on the collection of packaging, in particular plastic bottles, to aim for 90% collection for recycling in 2029 and develop the reuse of bottles.
Generalise packaging sorting bins in public spaces.
Implement the plastic packaging reduction, reuse and recycling (3R) strategy.
Transforming the textiles sector with the new 2023-2028 roadmap.
Develop plastic microfiber filter solutions on washing machines to avoid releases of microplastics that pollute the ocean.
Provide the French with a solution for collecting food scraps to convert this bio-waste into biogas or compost useful for the circular economy of the territories
Deploy eco-design bonuses and penalties to encourage manufacturers to make their products more sustainable and recyclable/ eco-friendly.

For more information, please visit the Ministry of Ecological Transition and Territorial Cohesion website here.

An investigation into the imitation firearms for play safety

On 23^rd February 2023, DGCCRF (Direction générale de la concurrence, de la consommation et de la répression des fraudes) published a news article/report about Objects resembling a firearm investigations which is a concern for play safety.

The regulations governing the marketing of imitation firearms only applies to replica firearms, objects whose kinetic energy of the projectiles is greater than 0.08 joules and less than 2 joules. These are used in particular for the practice of airsoft. Imitation firearms are not regulated and must therefore meet the general safety requirement provided for in Article L.421-3 of the Consumer Code. However, if these are designed to be used for play purposes by children under the age of 14, they must then be considered as toys, and are therefore subject to Decree No. 2010-166 of 22^nd February 2010, on the safety of toys.

Beyond 2 joules, these are category D weapons, which come under the internal security code, the application of which the DGCCRF agents are not competent to control.

It is the responsibility of distributors to check beforehand the presence of regulatory markings on the products and their packaging and to ensure the safety of use of these products, particularly by separating their commercial toys, replica weapons firearms and real weapons of category D, according to the kinetic energy of the projectiles, exclusive criterion of categorization.

Producers required to collect data on packaging

On 27^th February 2023, The Packaging Waste (Data Reporting) was published in England and Northern Ireland.

S.I. 2023 No. 25 - The Packaging Waste (Data Reporting) (No.2) Regulations (Northern Ireland) 2023

S.I. 2023 No.219 - The Packaging Waste (Data Reporting) (England) Regulations 2023

These regulations impose requirements on producers who are established in England and Northern Ireland to collect data on the packaging they supply to others, and, in some cases, to report some of that information to the Environment Agency.

For more information, consult the GOV.UK’s website here.

US EPA Amends Formaldehyde Standards for Composite Wood Products

The following changes has been made under the Final Rule:

Updated Incorporation-By-Reference (IBR) for certain voluntary consensus standards in 40 CFR 770.99 to reflect the most recent editions of those standards issued by the relevant standard organizations.
Conformed Voluntary Consensus Standards in Scope and Definitions
Increased flexibility for Third-Party Certifiers (TPC) by allowing TPCs to utilize external evaluations resources, such as contracting out inspections to a third party in order to complete the certification process in which TPCs certify that the products are TSCA Title VI compliant.
Addressed remote inspections to allow it when in-person, on-site inspections are temporarily impossible because of unsafe conditions caused by natural disasters, health crises, or political unrest.
Improved regulatory consistency through technical corrections

CPSC Updates Safety Standard for Non-Full Size Baby Cribs

On March 6^th, 2023, the Consumer Product Safety Commission (CPSC) issued a direct final rule (16 CFR 1220) to update the mandatory Safety Standard for Non-Full Size Baby Cribs. The final rule incorporates the latest version of ASTM F406-22, Standard Consumer Safety Specification for Non-Full Size Baby Cribs, with a few modifications.

ASTM F2670-22 includes a new requirement for loops formed by cords and straps and revisions to the scope to clarify the coverage of applicable provisions of the standard to all non-full size cribs.

The direct final rule will become effective on June 3^rd, 2023 unless the CPSC receives significant adverse comments by April 5^th, 2023.

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

G/TBT/N/URY/74

Uruguay

Draft MERCOSUR Technical Regulation on silicones intended for the manufacture of materials, packaging, linings and equipment in contact with food

It regulates the use of silicones in materials, packaging and equipment intended to come into contact with food, with the exception of linings intended for cellulosic materials. In particular, the draft document establishes the various conditions that must be met by silicone materials, packaging, linings and equipment intended to come into contact with food.

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