Toys & Childcare | Monthly bulletin | April 2020
Regulatory news - Eurofins updates
New Circular Economy Action Plan
On 11th March 2020, the European Commission published the new Circular Economy Action Plan to work towards a cleaner and more competitive Europe. The plan presents a set of interrelated initiatives to establish strong and coherent product policy. Further measures will be put in place to reduce waste and ensure that the EU has a well-functioning internal market for high quality secondary raw materials. The EU’s capacity to take responsibility for its waste will be also strengthened. This document is addressed to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
To read the full official publication, please visit the European Commission website here.
Please see below a table summarising some recent standards updates and upcoming dates of withdrawal (non-exhaustive):
(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.
|
Reference |
Title |
Date of Withdrawal (*) |
Supersedes |
|
Children's high chairs - Requirements and test methods |
2023-02-28 |
- |
|
|
Electric toys - Safety |
2022-02-21 |
EN 62115:2005 |
|
|
Electric toys - Safety |
2022-02-21 |
- |
Updated list of childcare article standards
On 8th February 2020, the French Official Journal (JORF) published a notice relating to the application of decree n° 91-1292 of December 20, 1991 in relation to the prevention of risks resulting from the use of childcare articles.
This text includes the list of references of the standards mentioned in article 4 of decree n° 91-1292 relating to the prevention of risks resulting from the use of childcare articles.
It cancels and replaces the notice with the update published in the JORF of March 24, 2019 (NOR: ECOC1908074V).
The reference to standard NF S 54-043 (September 2015) "Childcare articles: Rain coverings" is withdrawn. – “Minimum safety requirements and tests” is added to the new version of standard NF EN 1130 (November 2019) as is "Childcare furniture: Cradles - Safety requirements and test methods".
To read the publication in full, please visit the JORF website here.
New Communiqué on Import Control of Toys
On 27th December 2019, the Turkish Ministry of Trade published Communiqué on Import Control of Toys (Product Safety and Inspection: 2020/10) under Number 30991 to establish a list of toy-related compliance. The main points include:
- A list of toys under specific HS codes that are subject to inspection
- Documents to be uploaded to TAREKS for products in relation to audits
This Communiqué replaced to the Communiqué on import control of toys (Product Safety and Inspection: 2019/10) No 30641 dated December 30, 2018. It is effective as of January 1, 2020.
Publication - Toy Quality Control Order
On 25th February 2020, The Ministry of Commerce and Industry published the Toys (Quality Control) Order, 2020. The main points covered include:
- A table summarising the standards for toy conformity
- Requirement for toys to bear the Standard Mark under a licence from the Bureau as per Scheme-I of Schedule-II of Bureau of Indian Standards (Conformity Assessment) Regulations, 2018
These updates come into effect as of 1st September 2020.
Revision of common safety standards for children's products
On 3rd December 2019, The Ministry of Trade, Industry and Energy (MOTIE) of South Korea published Notice No. 2019-201, a revision of common safety standards in relation to children's products. It shall come into effect as of 3rd June 2020.
The main amendments are:
|
Substances |
Requirement |
Effective date |
Note |
|
Phthalate plasticizers (DEHP, DBP, BBP, DINP, DIDP, DnOP) |
The total content of the six phthalates shall not exceed 0.1% |
3-6-2020 |
|
|
Lead |
Lead content limit: 100 mg/kg |
3-12-2020 |
The total lead and cadmium content limits shall not apply to textiles |
|
Nitrosamnes:
|
Total ≤ 0.01 mg/kg 1 |
3-12-2020 |
This applies to elastomeric children’s products intended to be used in the mouth of children under 36 months old) (e.g., soother teats, toothbrushes) |
|
Total ≤ 0.05 mg/kg 2 |
This applies to:
For example, balloons and mouthpieces |
||
|
Nitrosatable substances:
|
Total ≤ 0.1 mg/kg 1 |
3-12-2020 |
This applies to elastomeric children’s products intended to be used in the mouth of children under 36 months old) (e.g., soother teats, toothbrushes) |
|
Total ≤ 1.0 mg/kg 2 |
This applies to:
For example, balloons and mouthpieces |
||
|
Note:
It shall not include drugs, medical devices, cosmetics, food containers, food packaging, amusement facilities and equipment
The standard requirements shall not apply to components that are not accessible to children during normal use |
|||
Toys and Children ‘s Products Safety Ordinance amended
On 10th February 2020, Toys and Children‘s Products Safety Ordinance Amendment Notice 2020 was published, developed by the Secretary for Commerce and Economic development under section 37 of the Toys and Children’s Products Safety Ordinance (Cap. 424). It is an amended set of the safety standards as set out in sections 3 and 4 of this ordinance.
It comes into effect as of the 1st October 2020.
CPSC Revised Safety Standard for Portable Bed Rails
On February 25, 2020, the US Consumer Product Safety Commission (CPSC) published a direct rule which revises the mandatory standards for portable bed rails, incorporating, by reference, the most current version ASTM F2085-19.
The revised rule 16 CFR 1224 requires that each portable bed rail shall comply with all applicable provisions of ASTM F2085-19. Compared to the former standards adopted by the CPSC, this rule changes test platform 2 requesting that the sheet content change to 60/40 cotton/polyester from 50/50 cotton/polyester blend.
The final rules will come into effect as of May 20, 2020, unless the Commission receives significant adverse comment by March 26, 2020.
Please click here for more information.
See below a table summarising some recent ASTM standards updates:
|
Reference |
Title |
|
Standard Specification for Consumer Product Safety for Children’s Jewellery |
New CPSC Age Determination Guidelines
In January 2020, the U.S. Consumer Product Safety Commission (CPSC) published the following CPSC staff document:
AGE DETERMINATION GUIDELINES: Relating Consumer Product Characteristics to the Skills, Play Behaviours, and Interests of Children.
This document presents age-grading information in the form of guidelines for toys and other articles, children’s toys, child care articles, and children’s products.
CPSC staff will begin using the 2020 Age Determination Guidelines as of June 1st, 2020, at which time the 2020 Guidelines will supersede the 2002 Guidelines.
Regulatory proposals notified to WTO
Please see the below table summarising the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive):
|
Notification number |
Countries |
Title |
|
Brazil |
Ordinance 04, from 10 February 2020 – Public consultation (Portaria Inmetro nº 4, de 10 de Fevereiro de 2020 - Consulta Pública)
Draft Technical Regulation that establishes the recognition of equivalence of tests and adjustments in regulations for child restraints |
|
|
India |
Amendment in Policy Condition No. 2(iii) to Chapter 95 of ITC (HS), 2017- Schedule-I (Import Policy)
Policy condition No.2 (iii) of Chapter 95 of ITC (HS), 2017 has been revised and a new para is added to Section 2 (Indian Quality Standards) to the General Notes regarding import policy of ITC (HS), 2017 |
|
|
US |
Act to amend the environmental conservation law, in relation to regulation of toxic chemicals in children's products
Establishes disclosure programme for chemicals of concerned used in the manufacturing of children's products and a process to review high priority chemicals of concern for future regulatory actions |
Below you will find a monthly summary table of product recalls and alerts in Europe (Source “RAPEX”) and in the US (Source “CPSC”).
Europe
RAPEX (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities).
The following 85 alerts regarding Childcare articles, equipment and toys have been reported, from week 8 to week 11 of 2020.
|
Type of Risk |
Number of alerts |
Notes |
|
Burns, Chemical |
1 |
Fancy-dress cape: Parts of the product are flammable and may catch fire if used next to an open flame. Also, the product contains an excessive amount of lead. Does not comply with EN 71-2 |
|
Chemical |
10 |
Battery-operated toy: The batteries compartment can easily be opened without the use of any tools, leaving batteries accessible. Does not comply with EN 62115:2005+A2:2011+A2/2011/AC:2011++A11:2012+A11:2012/AC:2013+A12:2015 |
|
4 |
Plastic Dolls: They contain an excessive amount of bis(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP) and di-‘isononyl’ phthalate (DINP) |
|
|
3 |
Toy slime: The migration of boron from the toy slime is too high. Does not comply with EN 71-3 |
|
|
17 |
Plastic toys: They contain di-‘isononyl’ phthalate (DINP), tris(2-chloroethyl) phosphate (TCEP), bis(2-ethylhexyl) phthalate (DEHP), diisobutyl phthalate (DIBP) |
|
|
1 |
Toy slime: The migration of boron from the toy slime is too high. Does not comply with EN 71-3 |
|
|
Chemical, Choking, Injuries |
2 |
Toy gun set:
Does not comply with EN 71-1 |
|
Choking |
34 |
Push-along toy: A small part (plastic handle connector) may detach from the toy. Does not comply with EN 71-1 |
|
Toy kitchen set: Some parts (colander and lid) may break, generating small parts. Does not comply with EN 71-1 |
||
|
Educational toy: The fibrous stuffing material is accessible due to the weakness of certain seams. Does not comply with EN 71-1 |
||
|
Soother holders: The product has protruding parts. A small child could put the protruding part in the mouth, which could block the airways and cause choking. Does not comply with EN 71-1 |
||
|
Soft-filled toy: Both ears and the purple decorative circles of the wings can easily become detached, generating small parts. Does not comply with EN 71-1 |
||
|
Whistle toy: The toy can easily break generating small parts. A child can put them in the mouth and choke on them. Does not comply with EN 71-1 |
||
|
Toy construction set: The product has loose small parts and its packaging suggests its suitability for children under 3 years of age. Does not comply with EN 71-1 and EN 62115 |
||
|
Toy firetruck: Small parts can easily become detached from the toy. Does not comply with EN 71-1 |
||
|
Rattle toy: The small beads at the sides of the product can easily detach. Does not comply with EN 71-1 |
||
|
Soft toy: The squirrel's whiskers can easily be detached, generating small parts. Does not comply with EN 71-1 |
||
|
Whistle toy: The toy easily breaks generating small parts. Does not comply with EN 71-1 |
||
|
Plastic toy set: The suction cups of the projectiles can easily detach. Does not comply with EN 71-1 |
||
|
Plastic toy: The toy's switch may not work properly and may cause batteries to overheat, get damaged and leak acid. Does not comply with EN 71-1 and EN 62115 |
||
|
Baby teether: The toy contains protruding parts (plastic rings). Does not comply with EN 71-1 |
||
|
Choking, Injuries |
3 |
Magnetic toy building blocks: The magnet can easily be detached from the square shape, generating a small part with a high magnet flux. Does not comply with EN 71-1 |
|
Finger paint: The plastic pump nozzle of the product can easily break releasing a small part. Does not comply with EN 71-1 |
||
|
Toy gun set: The water bullets expand in size by more than 50% when placed in water. Does not comply with EN 71-1 |
||
|
Choking, Suffocation |
1 |
Soft toy: Small parts (zipper and its elements) can become easily detached from the toy. The plastic of the packaging is too thin. Does not comply with EN 71-1 |
|
Choking, Strangulation |
1 |
Toy musical instrument: The toy's handle is too long. The strap attached to the toy does not have a quick release mechanism. Does not comply with EN 71-1 |
|
Damage to sight |
1 |
Painting toy kit: The LED torch is too powerful. Does not comply with EN 62115 |
|
Injuries |
6 |
Magnetic toy: The product contains small magnets with a high magnetic flux. Does not comply with EN 71-1 |
|
Booster seat: The waist harness can be used independently of the crotch restraint and there is no lateral barrier. Does not comply with EN 16120 |
||
|
Baby walker: There is no protection against falling down steps. Does not comply with EN 1273 |
||
|
Toy scooter: The front wheels are too small and could get stuck in holes in the ground. Does not comply with EN 71-1 |
||
|
Children's car seat: One of the handle attachment components may become loose |
||
|
Children's high chair: The high chair is not sufficiently stable and can easily tip over backwards. Does not comply with EN 14988 |
||
|
Strangulation |
1 |
Soft toy: The walk-along cord is too long and does not have a break-away feature. Does not comply with EN 71-1 |
From the 16th February 2020 to the 15th March of 2020, CPSC (Consumer Product Safety Commission) published the following recalls: 1 recall regarding Childcare and children’s products.
|
Type of Risk |
Number of alerts |
Notes |
|
Laceration |
1 |
The shopping cart’s basket can break into sharp pieces |
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Eurofins Textile and Footwear Testing Spain has received U.S. CPSC accreditation
Our Softlines & Leather laboratory in Alicante, Spain has received accreditation from U.S. Consumer Product Safety Commission on 16 CFR Part 1610 flammability of clothing textile, determination of phthalates and lead content in several children’s products. Please visit U.S. CPSC website for accreditation details. Don’t hesitate to contact the lab at Textile_Spain@eurofins.com if you need any assistance!
