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Eurofins >> Consumer Product Testing >> Media Centre >> News >> Regulatory updates 09-2022

Consumer Products | Monthly bulletin | September 2022

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Eurofins newsflash Consumer Products

 

Chemical  |  Cosmetics & Personal Care  |  Personal Protective Equipment  |  Softlines & Leather  |  Toys & Childcare  

 

 

Chemical


 

 

 

Europe

 

Recent updates regarding REACH Regulation

 

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

 

Summary of the most recent updates

Date

Subject

Link

06/07/2022

European Chemicals Agency (ECHA) launched a three-month targeted consultation for stakeholders to provide comments and supporting evidence on two EFSA datasets used by ECHA to assess the risks to human health from the use of lead in ammunition

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

26/07/2022

Publication of the ECHA’s assessment of regulatory needs on chlorinated trialkyl phosphates

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

27/07/2022

Publication of Assessment of regulatory needs on Acyl glycinates and sarcosinates by European Chemicals Agency (ECHA)

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

01/08/2022

Publication of the ECHA’s list regarding the active substance (AS) – product type (PT) combinations that can be used in treated articles

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

10/08/2022

Publication of information about the restriction of PAHs in rubber granules and mulches on sports pitches and playgrounds.

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

 

Other interesting links about REACH from the ECHA’s website

 

 

Recent updates regarding CLP Regulation

 

On 22nd July 2022, the European Commission called for feedback on its Classification, Labelling and Packaging (CLP) Regulation.

 

The CLP Regulation (Regulation (EC) No 1272/2008) sets rules for classifying, labelling and packaging substances and mixtures. Part 1 of Annex VI lists ‘notes’ that can be assigned to substances with harmonised classification. These notes provide further instructions on how to classify and label certain substances or mixtures containing them. New notes have been assigned to certain substances that were recently classified or reclassified.

 

The feedback period ended 19th August 2022.

 

For more information, visit the European Commission website here.

 

Other interesting links about CLP from the ECHA’s website

 

 

France

 

Extended producer responsibility of chemical products

 

In France, according to the principle of extended producer responsibility (EPR), the safe disposal of chemical waste that may present significant risks to human health or the environment (as defined in article R. 543-228 of the French environment code) and its containers is the responsibility of the producers of said waste. Producers must either set up their own collection, disposal or recycling system and get approval from the relevant authorities, or join an established collection and treatment scheme.

 

On 13 July 2022, French authorities amended an order issued on 29 December 2021 to extend the responsibilities of Paris-based organisation PYREO (previously named APER PYRO) to oversee the collection, treatment and disposal of chemical products or items containing chemical products produced by its member companies which could present a significant risk to human health and the environment. PYREO will be tasked with this until 31 December 2027.

 

For more information , consult the Legifrance website here.

 

UK

 

GB PIC list publication in 2023

 

The Health and Safety Executive (HSE) is the Prior Informed Consent (PIC) Designated National Authority (DNA) for Great Britain (GB). The HSE administers the PIC regime including the export notification system.

 

In 2023, the HSE will publish a GB PIC list of substances that exporters will be obliged to register with the HSE.

 

The GB PIC Regulation requires the first export of a listed chemical in any calendar year, to any country, to be notified to the HSE at least 35 days before the intended date of export. Export includes the movement of a listed chemical from GB to Northern Ireland.

 

Special Reference Identification Numbers (RINs) are required for PIC chemicals exported for the purpose of research or analysis in quantities of 10kg or less per exporter, per year and per importing country and are otherwise exempt from the requirements of the GB PIC Regulation.

 

A Special RIN is also required where an importing country has waived its right to receive an export notification and has notified a positive import response under the Rotterdam Convention for the chemical being exported.

 

For more information, consult the HSE website here.

 

US

 

Delaware Passes New Flame Retardants Law

 

On August 4th, 2022, Delaware passed HB 77 to restrict a variety of flame retardant chemicals in certain consumer products. The effective date is July 1st, 2023. Please see Table 1 below to see a summary of the restrictions.

 

Table 1:

 

Substance

Scope*

Limit

Effective Date

2-ethylhexyl-2,3,4,5-tetrabromobenzoate (TBB)

  • Children’s products**
  • Upholstered furniture***, if the flame-retardant chemical is in the fabric, barrier or decking materials, covering, or cushioning materials

0.1% of a flame-retardant chemical or 0.1% of a mixture that includes 1 or more flame-retardant chemicals

July 1st, 2023

Antimony

Bis(2-ethylhexyl) tetrabromophthalate (TBPH)

Chlorinated paraffins

Decabromodiphenyl ether

Hexabromocyclododecane

Tetrabromobisphenol A (TBBPA)

Tris(1,3-dichloro-2-propyl) phosphate (TDCPP)

Tris(2-chloroethyl)phosphate (TCEP)

Tris(1-chloro-2-propyl)phosphate (TCPP)

Organohalogens****

Mattresses

0.1% of an organohalogen or 0.1% of a mixture that includes 1 or more organohalogens

 

*Exemptions:

 

(1) Used upholstered furniture

 

(2) Used mattresses

 

(3) Upholstered and reupholstered furniture purchased for public use in public facilities

 

(4) Thread or fiber when used for stitching mattress components together

 

(5) Used children’s products or children’s products that are used in products or components as follows:

 

       (a) are not primarily intended for use in the home, such as motor vehicles, watercraft, aircraft, or other vehicles

 

       (b) are subject to 49 C.F.R. Part 571 regarding parts and products used in vehicles and aircraft

 

(6) Components of an adult mattress other than foam

 

(7) Electronic components of a children’s product, mattress, or upholstered furniture, or any associated enclosure or casing for the electronic components

 

(8) A product transferred to a vehicle at a warehouse or distribution center for delivery in another state to any of the following:

 

       (a) a location under the same ownership as the warehouse or distribution center

 

       (b) a person acquiring the product for resale in another state

 

(9) Mattresses or upholstered furniture that can be sold or distributed in commerce in California

 

** Children’s product means product designed for residential use by infants and children under 12 years old, including a bassinet, booster seat, changing pad, floor play mat, highchair pad, infant bouncer, infant carrier, infant seat, infant swing, infant walker, nursing pad, nursing pillow, playpen side pad, play yard, portable hook-on chair, stroller, mattress, and children’s nap mat.

 

*** Upholstered furniture means residential furniture intended for indoor use in a home or other dwelling intended for residential occupancy that consists in whole or in part of resilient cushioning materials enclosed within a covering consisting of fabric or related materials.

 

**** Organohalogen means a class of chemicals that includes any chemical containing 1 or more halogen elements bonded to carbon.

 

California Proposition 65 Reformulations

 

California Proposition 65 is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, which has been effective for almost 30 years. Due to the implementation of California Proposition 65, more and more court cases are settled to reduce the exposure of carcinogenic and reproductive chemicals by reformulating the consumer products containing such chemicals.

 

In order to keep retailers and manufacturers up-to-date, the highlights of the consent agreements and settlements are summarized as below:

 

Product

Chemical

Limit

Case No

Sous vide containers

BPA, BPS, BPF, BPAF

No detectable amount

Out of Court Settlement

Children’s back packs

DIDP

1000 ppm or utilize a warning statement

Out of Court Settlement

Desk valets

DIDP

1000 ppm or utilize a warning statement

Out of Court Settlement

Plastic storage bag

DEHP

1000 ppm or utilize a warning statement

Out of Court Settlement

Pouches and handbags

DEHP, DINP

1000 ppm or utilize a warning statement

Out of Court Settlement

Bundling wraps

DINP

1000 ppm or utilize a warning statement

Out of Court Settlement

Storage and smartphone bags

DINP

1000 ppm or utilize a warning statement

Out of Court Settlement

Halloween costume hat

DINP

1000 ppm or utilize a warning statement

Out of Court Settlement

Leather footwear

Chromium VI

0.1% mass of chromium/total dry weight of leather or utilize a warning statement

Alameda Superior Court RG 19-034870

 

 

Top

Cosmetics & Personal Care


 

 

Hair Care market fast growing in Korea

 

The Korean hair care market is growing steadily at an average of 7% per year, keeping up with the market growth globally. The functional hair care market, in particular – which claims additional benefits, along with the traditional functions of hair and scalp nutrition and hair glossiness – is leading the market. In 2018, anti-hair-loss products became functional cosmetics in Korea, and are now the main player in the functional hair care market. Recently, ‘dye shampoo’, which darkens hair colour just by washing, has emerged as a game-changer.

 

Based in South Korea, Eurofins CRA, part of the Eurofins Cosmetics & Personal Care network of companies, is a local expert in conducting clinical studies to evaluate claims in current market trends, including anti-hair loss, hair colouring, colour durability, and more.

 

Eurofins Cosmetics & Personal Care is one of the leading experts in hair testing, with a network of 19 international laboratories and teams of experienced doctors, technicians, and hairdressers to accurately test your the performance and safety of your hair products.

 

Eurofins Cosmetics & Personal Care showcases its latest innovations at the IFSCC Conference

 

At the 32nd annual congress of the International Federation of Societies of Cosmetic Chemists (IFSCC) in London (from 19th to 22nd of September 2022), teams from Eurofins Cosmetics & Personal Care will present their latest scientific advancements for skin and hair. We strongly believe that sharing our expertise and knowledge with the scientific community and establishing strong partnerships is critical for the industry’s progression.

 

1. Posters

 

Our laboratories and leading experts will give five poster presentations on advancements within the following areas:

 

  • Scalp characteristics of androgenetic alopecia on seasonal variations (Eurofins CRA)
  • Skin characteristics of Korean women by age (Eurofins CRA)
  • New ex vivo skin model to mimic pollen allergens exposition (Eurofins Bio-EC)
  • Teleconsultation in cosmetic clinical studies (Eurofins Evic)
  • Non-verbal approaches to the emotional benefit of cosmetics (266 - Eurofins Dermscan)

2. Workshop

 

Anna Ludwikowska will share insights on the efficacy evaluation of solar protection products at the Sun Protection Workshop on the 29th of September at 4.30pm.

 

3. Sponsor

 

We are delighted to sponsor IFSCC 2022, the major congress of global cosmetics worldwide.

 

Visit us at Booth 6 to find out what our experts are inventing for your skin and hair testing!

 

Pollution: Ex vivo strategy to substantiate your claims

 

Pollution is a major challenge of our generation. Over the last five years, pollution increased by 8% in urban areas, represented not only by outdoor pollution (exhaust fumes, industry, etc.), but also by indoor pollution (cigarette smoke, etc.). This pollution, whether outdoor or indoor, negatively impacts the skin and, in particular:

 

  • exposes skin to toxic molecules,
  • induces an oxidative stress that degrades the structure of the skin,
  • stimulates the appearance of inflammation factors, etc.

Eurofins Bio-EC has developed a double strategy based on the type of pollution:

 

1. Indoor & Outdoor Pollution

 

An exclusive ex vivo exposure system has been developed, Pollubox®, allowing the exposure of human living skin explants to indoor or outdoor environmental pollutants, such as VOCs, PAH, heavy metals, etc.).

 

2. Gas

 

The « World Air Simulator » platform (partnership with CERTAM) simulates the polluted environment of megacities around the world, putting explants in contact with the atmospheric gases that are mainly released by cars.

 

Eurofins Cosmetics & Personal Care is your key partner in substantiating your claims and evaluating the effect of pollution on skin and hair in the real conditions of air pollution (ex vivo, in vitro and clinical strategies).

 

 

Top

Personal Protective Equipment


 

 

 

Europe

 

Standards updates

 

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

 

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

 

CEN

Reference

Title

Date of withdrawal (*)

Supersedes

EN ISO 12312-1:2022

Eye and face protection - Sunglasses and related eyewear - Part 1: Sunglasses for general use (ISO 12312-1:2022)

2023-01-31

EN ISO 12312-1:2013/A1:2015
EN ISO 12312-1:2013

 

UK

 

Conformity assessment of PPE in the UK

 

As of 1 July 2021, HSE and HSENI no longer assesses COVID-19 related PPE procured by the UK government, the NHS or NHS bodies. All PPE for the UK government and NHS must now be fully conformity assessed and conformity marked by PPE producers.

 

There is no further temporary disapplication in England, Scotland, Wales, and Northern Ireland of the obligations of economic operators to ensure full conformity assessment.

 

Learn more about PPE Regulations in the UK:

 

 

 

Top

Softlines & Leather


 

 

 

US

 

Delaware Passes New Flame Retardants Law

 

On August 4th, 2022, Delaware passed HB 77 to restrict a variety of flame retardant chemicals in certain consumer products. The effective date is July 1st, 2023. Please see Table 1 below to see a summary of the restrictions.

 

Table 1:

 

Substance

Scope*

Limit

Effective Date

2-ethylhexyl-2,3,4,5-tetrabromobenzoate (TBB)

  • Children’s products**
  • Upholstered furniture***, if the flame-retardant chemical is in the fabric, barrier or decking materials, covering, or cushioning materials

0.1% of a flame-retardant chemical or 0.1% of a mixture that includes 1 or more flame-retardant chemicals

July 1st, 2023

Antimony

Bis(2-ethylhexyl) tetrabromophthalate (TBPH)

Chlorinated paraffins

Decabromodiphenyl ether

Hexabromocyclododecane

Tetrabromobisphenol A (TBBPA)

Tris(1,3-dichloro-2-propyl) phosphate (TDCPP)

Tris(2-chloroethyl)phosphate (TCEP)

Tris(1-chloro-2-propyl)phosphate (TCPP)

Organohalogens****

Mattresses

0.1% of an organohalogen or 0.1% of a mixture that includes 1 or more organohalogens

*Exemptions:

(1) Used upholstered furniture

(2) Used mattresses

(3) Upholstered and reupholstered furniture purchased for public use in public facilities

(4) Thread or fiber when used for stitching mattress components together

(5) Used children’s products or children’s products that are used in products or components as follows:

       (a) are not primarily intended for use in the home, such as motor vehicles, watercraft, aircraft, or other vehicles

       (b) are subject to 49 C.F.R. Part 571 regarding parts and products used in vehicles and aircraft

(6) Components of an adult mattress other than foam

(7) Electronic components of a children’s product, mattress, or upholstered furniture, or any associated enclosure or casing for the electronic components

(8) A product transferred to a vehicle at a warehouse or distribution center for delivery in another state to any of the following: 

       (a) a location under the same ownership as the warehouse or distribution center

       (b) a person acquiring the product for resale in another state

(9) Mattresses or upholstered furniture that can be sold or distributed in commerce in California

** Children’s product means product designed for residential use by infants and children under 12 years old, including a bassinet, booster seat, changing pad, floor play mat, highchair pad, infant bouncer, infant carrier, infant seat, infant swing, infant walker, nursing pad, nursing pillow, playpen side pad, play yard, portable hook-on chair, stroller, mattress, and children’s nap mat.

*** Upholstered furniture means residential furniture intended for indoor use in a home or other dwelling intended for residential occupancy that consists in whole or in part of resilient cushioning materials enclosed within a covering consisting of fabric or related materials.

**** Organohalogen means a class of chemicals that includes any chemical containing 1 or more halogen elements bonded to carbon.

 

 

Top

Toys, Childcare & Hardlines


 

 

 

Europe

 

Changes to product safety standards

 

On 16th August 2022, the European Commission published Decision 2022/1401 which amends the Implementing Decision (EU) 2019/1698 as regards European standards for certain child care articles, children’s furniture, gymnastic equipment, lighters, and information and communication technology equipment.

 

This table summarises the rows in Annex I which have been added or replaced:

 

Inserted standards

Row

Reference

Title

1a

EN 716-1:2017+AC:2019

Furniture – Children’s cots and folding cots for domestic use – Part 1: Safety requirements

12a

EN 1272:2017

Child care articles – Table mounted chairs – Safety requirements and test methods

13a

EN 1400:2013+A2:2018

Child use and care articles – Soothers for babies and young children – Safety requirements and test methods

48a

EN 14988:2017+A1:2020

Children’s high chairs – Requirements and test methods

48b

EN 16120:2012+A2:2016

Child use and care articles – Chair mounted seat

Replaced standards

Row

Reference

Title

3

EN 914:2020

Gymnastic equipment – Parallel bars and combination asymmetric/parallel bars – Requirements and test methods including safety.

11 and 12

EN 1130:2019

Children’s furniture – Cribs – Safety requirements and test methods

EN 1130:2019/AC:2020

14

EN 1466:2014

Child use and care articles – Carry cots and stands – Safety requirements and test methods

EN 1466:2014/AC:2015

27

EN ISO 9994:2019

Lighters – Safety specification (ISO 9994:2018)

66 and 67

EN IEC 62368-1:2020

Audio/video, information and communication technology equipment – Part 1: Safety requirements

EN IEC 62368-1:2020/A11:2020

Notice: this publication concerns only clauses 3.3.19 “Sound exposure” and 10.6 “Safeguard against acoustic energy sources” of EN IEC 62368-1:2020/A11:2020.’

 

Technical consultation

 

The latest consultations by the European Commission related to toys and childcare related products:

 

Date

Entity

Publication

05/08/2022

European Commission

Safety of children’s products (excluding toys) - requirements to be met by European standards.

The current standards for childcare articles other than toys are based on a 1997 mandate that is outdated, and the Commission intends to update these safety requirements.

15/07/2022

The European Commission and its Scientific Committee on Health, Environmental and Emerging Risks (SCHEER)

Preliminary Opinion on the safety of the presence of cobalt in toys

Children may be exposed to cobalt from different toy types and toy materials. In this consultation the main exposures assessments are:

 1. cobalt-containing metals included to allow conduction of electric current;

2. cobalt-containing metals that serve a function other than electrical conductance like for toys of metal, cheap jewellery for kids, fidget spinners, magnets;

3. kids make-up;

4. 3-D pens, materials for toy printers and printed toys;

5. cobalt-containing paintings, inks and coatings used for toys and toys made of leather or textiles;

6. toys containing batteries

 

Standards updates

 

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

 

IEC

Reference

Title

Publication date

IEC 61000-3:2022

Electromagnetic compatibility (EMC) - Part 3: Limit

2022-07-28

IEC 60086:2022

Primary batteries

2022-07-28

 

Changes to the period of validity of the EU Ecolabel criteria

 

On 18th July 2022, the European Commission published Decision 2022/1229 which amends the period of validity of the EU Ecolabel criteria for several product categories.

 

The following table outlines the changes:

 

Decision

Category of article

New date

2014/312/EU

Indoor and outdoor paints and varnishes

31 December 2025

2014/391/EU

Bed mattresses

31 December 2026

2014/763/EU

Absorbent hygiene products

31 December 2023

2016/1332

Furniture

31 December 2026

2017/176

Wood-, cork- and bamboo- based floor coverings

31 December 2026

 

France

 

Technical publications

 

The latest publications by DGCCRF (Direction générale de la concurrence, de la consommation et de la répression des fraudes) related to consumer products include:

 

Date

Publication

July 2022

DGCCRF – Fiche sur l’étiquetage des bijoux

The labeling of jewelry is subject to different regulatory provisions depending on whether it is costume jewelry, jewelry made of precious metals (gold, silver, platinum) or jewelry containing gemstones or pearls. This sheet details the applicable regulatory provisions.

 

Last publication related to circular economy and consumer goods

 

In France, the Ministry of Ecological Transition is in charge of matters related to the circular economy and waste. 2022 is a year with a lot of changes planned for the French market and it is therefore important to be updated. Below is a summary of the latest publications (non-exhaustive list):

 

  • Order of July 1, 2022 amending the specifications of eco-organizations in the extended responsibility sector of producers of furniture components designated in article R. 543-240 of the environment code.
  • Decree No. 2022-975 of July 1, 2022 relating to the extension to textile decorative elements of the sector with extended responsibility of the producer of furnishing elements and modifying various provisions relating to waste.

 

Netherlands

 

Updated requirements for food contact materials

 

On 1st July 2022, amendment (3348384-1027396-VGP) to the Dutch Commodities Act on Packaging and Consumer Articles became effective. It was published by the Ministry of Health, Wellbeing and Sports of the Netherlands in April 2022. The main changes include:

 

  • Revisions to the positive list of substances for plastics, rubber and coatings.
  • New requirements for specific migration for paper and cardboard, metals, textiles, coatings, dyes, pigments and epoxy polymers.
  • New definitions for paper, cardboard and materials to be used for manufacturing.

Items produced in compliance with the Packaging and Consumables Commodities Act as it read on 30 June 2022 and that will be placed on the market before 1 January 2023 may be traded until stocks are depleted. This exception does not apply to packaging and consumer articles made of paper or cardboard and to coatings if they contain the substances referred to in Article I, part C, second paragraph, or the substances referred to in Article I, part J, second paragraph.

 

To read the full publication, consult the Official Gazette of the Kingdom of the Netherlands here.

 

US

 

CPSC Proposes two Rules to Ban Crip Bumpers and Inclined Sleepers for Infants

 

On May 16th, 2022, U.S. President Joe Biden signed into law the Safe Sleep for Babies Act of 2021, banning the manufacture and sale of crib bumpers and certain inclined sleepers for infants. 

 

The Consumer Product Safety Commission (CPSC) has recently proposed to codify the ban on crip bumpers (16 CFR 1309) and inclined sleepers for infants (16 CFR 1310) pursuant to the Safe Sleep for Babies Act.

 

A crib bumper is defined as any material that is intended to cover the sides of a crib to prevent injury to any crib occupant from impacts against the side of a crib or to prevent partial or complete access to any openings in the sides of a crib to prevent a crib occupant from getting any part of the body entrapped in any opening, including a padded crib bumper, a supported and unsupported vinyl bumper guard, and vertical crib slat covers. The definition excludes a non-padded mesh crib liner.

 

An inclined sleeper for infants is defined as a product with an inclined sleep surface greater than ten degrees that is intended, marketed, or designed to provide sleeping accommodations for an infant up to 1 year old.

 

The proposed effective date of the two new rules is November 12th, 2022.

 

CPSC Updates Safety Standard for Sling Carriers

 

On August 19th, 2022, the Consumer Product Safety Commission (CPSC) issued a direct final rule (16 CFR 1228) to update the mandatory Safety Standard for Sling Carriers. The final rule incorporates the latest version of ASTM F2907-22, Standard Consumer Safety Specifications for Sling Carriers, with one modification.

 

16 CFR 1228 includes an additional requirement for label attachment. The mandatory standard requires that warning labels that are attached to the fabric with seams shall remain in contact with the fabric around the entire perimeter of the label, when the sling is in all manufacturer recommended use positions.

 

The direct final rule will become effective on November 19th, 2022 unless the CPSC receives any significant or adverse comments by September 19th, 2022.

 

Delaware Passes New Flame Retardants Law

 

On August 4th, 2022, Delaware passed HB 77 to restrict a variety of flame retardant chemicals in certain consumer products. The effective date is July 1st, 2023. Please see Table 1 below to see a summary of the restrictions.

 

Table 1:

 

Substance

Scope*

Limit

Effective Date

2-ethylhexyl-2,3,4,5-tetrabromobenzoate (TBB)

  • Children’s products**
  • Upholstered furniture***, if the flame-retardant chemical is in the fabric, barrier or decking materials, covering, or cushioning materials

0.1% of a flame-retardant chemical or 0.1% of a mixture that includes 1 or more flame-retardant chemicals

July 1st, 2023

Antimony

Bis(2-ethylhexyl) tetrabromophthalate (TBPH)

Chlorinated paraffins

Decabromodiphenyl ether

Hexabromocyclododecane

Tetrabromobisphenol A (TBBPA)

Tris(1,3-dichloro-2-propyl) phosphate (TDCPP)

Tris(2-chloroethyl)phosphate (TCEP)

Tris(1-chloro-2-propyl)phosphate (TCPP)

Organohalogens****

Mattresses

0.1% of an organohalogen or 0.1% of a mixture that includes 1 or more organohalogens

*Exemptions:

(1) Used upholstered furniture

(2) Used mattresses

(3) Upholstered and reupholstered furniture purchased for public use in public facilities

(4) Thread or fiber when used for stitching mattress components together

(5) Used children’s products or children’s products that are used in products or components as follows:

       (a) are not primarily intended for use in the home, such as motor vehicles, watercraft, aircraft, or other vehicles

       (b) are subject to 49 C.F.R. Part 571 regarding parts and products used in vehicles and aircraft

(6) Components of an adult mattress other than foam

(7) Electronic components of a children’s product, mattress, or upholstered furniture, or any associated enclosure or casing for the electronic components

(8) A product transferred to a vehicle at a warehouse or distribution center for delivery in another state to any of the following: 

       (a) a location under the same ownership as the warehouse or distribution center

       (b) a person acquiring the product for resale in another state

(9) Mattresses or upholstered furniture that can be sold or distributed in commerce in California

** Children’s product means product designed for residential use by infants and children under 12 years old, including a bassinet, booster seat, changing pad, floor play mat, highchair pad, infant bouncer, infant carrier, infant seat, infant swing, infant walker, nursing pad, nursing pillow, playpen side pad, play yard, portable hook-on chair, stroller, mattress, and children’s nap mat.

*** Upholstered furniture means residential furniture intended for indoor use in a home or other dwelling intended for residential occupancy that consists in whole or in part of resilient cushioning materials enclosed within a covering consisting of fabric or related materials.

**** Organohalogen means a class of chemicals that includes any chemical containing 1 or more halogen elements bonded to carbon.

 

California Proposition 65 Reformulations

 

California Proposition 65 is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, which has been effective for almost 30 years. Due to the implementation of California Proposition 65, more and more court cases are settled to reduce the exposure of carcinogenic and reproductive chemicals by reformulating the consumer products containing such chemicals.

 

In order to keep retailers and manufacturers up-to-date, the highlights of the consent agreements and settlements are summarized as below:

 

Product

Chemical

Limit

Case No

Sous vide containers

BPA, BPS, BPF, BPAF

No detectable amount

Out of Court Settlement

Children’s back packs

DIDP

1000 ppm or utilize a warning statement

Out of Court Settlement

Desk valets

DIDP

1000 ppm or utilize a warning statement

Out of Court Settlement

Plastic storage bag

DEHP

1000 ppm or utilize a warning statement

Out of Court Settlement

Pouches and handbags

DEHP, DINP

1000 ppm or utilize a warning statement

Out of Court Settlement

Bundling wraps

DINP

1000 ppm or utilize a warning statement

Out of Court Settlement

Storage and smartphone bags

DINP

1000 ppm or utilize a warning statement

Out of Court Settlement

Halloween costume hat

DINP

1000 ppm or utilize a warning statement

Out of Court Settlement

Leather footwear

Chromium VI

0.1% mass of chromium/total dry weight of leather or utilize a warning statement

Alameda Superior Court RG 19-034870

 

China

 

China Releases New Product Standards

 

The Chinese Ministry of Industry and Information Technology has recently issued various new industry and national product standards. Please see Table 1 below:

 

Table 1:

 

Standard

Enforcement Date

GB 4806.8-2022 National Food Safety Standard Food Contact Paper and Cardboard Materials and Products

2023-06-30

GB 4806.12-2022 National Food Safety Standard Bamboo and Wood Materials and Products for Food Contact

2022-12-30

GB/T 27590-2022 Paper cup

2023-02-01

HG/T 2019-2022 Black rain boots(shoes)

TBD

GB/T 41637-2022 Hair products—General technical specification

2023-02-01

GB/T 26391-2022 Toilet seat paper

2023-08-01

HG/T 4358-2022 Digital color photographic paper

TBD

GB/T 41526.1-2022 Protective equipment for sports—Protective equipment for winter sports—Part 1:Safety requirements and testing methods for helmets of alpine skiers and snowboarders

2023-02-01

GB/T 24455-2022 Hand towel

2023-08-01

GB/T 26182-2022 Household and similar healthful massage chair

2023-02-01

GB/T 41527-2022 General safety requirements for household and similar service robots

2022-07-11

GB/T 13171.1-2022 Laundry powders—Part 1:Technical requirements

2023-08-01

GB 14930.1-2022 National Food Safety Standard Detergent

2023-06-30

GB 6675.1:2014 (amendment 1) – Toys – Mechanical and physical properties

2022-07-13

GB 6675.11:2014 (amendment 1) – Swings, slides and similar activity toys for indoor and outdoor family domestic use

2023-02-01

GB 19865:2005 – Electric toys - safety

2022-07-13

 

International

 

Regulatory proposals notified to the WTO

 

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

 

Notification number

Countries

Category

Title

G/TBT/N/MEX/512

Mexico

Toys

Draft Mexican Official Standard PROY-NOM-253-SE-2021, Toys -mechanical, physical and electrical safety and flammability requirements

G/TBT/N/ISR/1273

Israel

Hygienic care products

Standards Decree (Fourth Amendment) 5782-2022

This Fourth Annex allows the import of menstrual tampons, subject to the Israel Mandatory Standard SI 1313 and that complies with the Australian Standard AS 2869, to be imported into Israel based on an importer's declaration of conformity and a compliance certificate.

G/TBT/N/ISR/1272

Israel

Detergents

Standards Decree (Fourth Amendment) 5782-2022

This Fourth Annex allows the import of dishwashing powders, subject to the Israel Mandatory Standard SI 1417 and that complies with the European Regulation EC 1272/2008, to be imported into Israel based on an importer's declaration of conformity, with pre-conditions.

G/TBT/N/ISR/1271

Israel

Detergents

Standards Decree (Fourth Amendment) 5782-2022

This Fourth Annex allows the import of hand dishwashing liquid, subject to the Israel Mandatory Standard SI 139 and that complies with the European Regulations EC 1272/2008 and EC 648/2004, to be imported into Israel based on an importer's declaration of conformity, with pro-conditions.

 

Update of ISO standard for food contact enameled articles

 

In April 2022, the International Organization for Standardization (ISO) published ISO 4531:2022 for testing food contact enameled articles. This second edition contains several changes when compared to the 2018 edition. It:

 

  • Strengthens the migration limit for aluminum five-fold. This new limit is derived from Regulation (EU) 2016/1416 amending and correcting Regulation (EU) 10/2011 on food contact plastics;
  • Requires the three consecutive release tests to be carried on the same day using the same sample and a fresh test solution per test;
  • Stipulates test reports to include any relevant information to uncertainty of measurement and any deviations from the procedure.

Hence we have updated the test line as below to reflect the latest standard and change the limit of aluminum (AI) to 1000 μg/L.

 

 

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