Toys & Childcare | Monthly bulletin | December 2019
Europe
New amendments of EU Toy Safety Directive
On the 19th and 20th November 2019, the European Commission published the following two Directives.
Recent SCHEER publications on toys
Following some recent publications of Scientific Committee on Health, Environmental and Emerging Risks (SCHEER):
Harmonization of regulatory requirements for some non-food products
On 30th September 2019, Decree 2019-1007 was published in the French Official Journal. The aim of this Decree is to harmonise various decrees on non-food product safety. The products that are affected by this decree are:
- Nursery articles
- Mobile liquid fuel heating appliances
- Playground equipment
- Bunk beds
- Step ladders - step boards
- Folding chairs of the Chilean - transatlantic - loafer type
- Bedding
- Grinding and cutting discs
- Solid fuel barbecues
- Electronic and chemical alcohol testers
The new Decree modifies Decree 2000-164 on filled bedding items and it has been in effect since 1st October 2019 with a transition period of one year.
CPSC proposes to publish safety standard for infant sleep products
Recently the Consumer Product Safety Commission (CPSC) has proposed that a mandatory standard for infant sleep products is published incorporating, by reference, ASTM F 3118-17a, Standard Consumer Safety Specification for Infant Inclined Sleep Products with modifications.
In comparison to the CPSC’s notice of proposed rulemaking (NPR) published in 2017, this supplemental NPR includes limiting the seat back angle for sleep to 10 degrees or less. The proposal would cover products intended for infant sleep that are not currently covered by bassinets/cradles, cribs (full-size and non-full size), play yards and bedside sleepers.
Additionally, the Commission proposes to amend 16 CFR 1112 to include notice of requirement for infant sleep products and infant sleep products would be subject to CPSC's consumer registration requirements.
Comments can be submitted until January 27, 2020.
Please click here for further details.
CPSC revises safety standards for non-full-size baby cribs and play yards
On October 23, 2019, the Consumer Product Safety Commission (CPSC) published a direct rule which revises the mandatory standards for non-full-size baby cribs (NFS cribs) and play yards incorporating, by reference, the most current version; ASTM F406-19.
The revised rule 16 CFR 1220 requires that each NFS crib shall comply with all applicable provisions of ASTM F406-19, Standard Consumer Safety Specification for Non-Full-Size Baby Cribs/Play Yards with some exclusions. The revised rule 16 CFR 1221 requires that each play yard must comply with all applicable provisions of ASTM F406-19 with some exclusions.
These rules will come into force on January 20, 2020, unless CPSC receives significant adverse comments on or before November 22, 2019.
Please click here for further information.
CPSC revises safety standard for toddler beds
On October 25, 2019, the Consumer Product Safety Commission (CPSC) published a direct final rule which revises the mandatory standards for toddler beds incorporating, by reference, the most current version ASTM F1821-19ε1, Standard Consumer Safety Specification for Toddler Beds.
This direct final rule 16 CFR 1217 requires that each toddler bed shall comply with all applicable provisions of ASTM F1821-19ε1, which was approved June 1, 2019.
The rule will come into effect on January 27, 2020, unless the Commission receives significant adverse comment by November 25, 2019.
Please click here for further information.
Vermont proposes to expand formaldehyde’s definition in CHCC reporting rule
Vermont’s chemical of high concern (CHCC) reporting rule now requires manufacturers of children’s products to provide notice to the Department of Health annually in case their product contains CHCC above the threshold.
On October 30, 2019, the state of Vermont published a proposed rule which expands the definition of formaldehyde to include “formaldehyde donors”, which are the substances that are intentionally added to a product to degrade to and release formaldehyde as a preservative.
Comments may be submitted by December 11, 2019.
Please click here for more.
See below a table summarising some recent ASTM standards updates:
|
Reference |
Title |
|
Standard Specification for Safety of Bean Bag Chairs and Bean Bag Covers |
Revisions to Safety Standard for Toddler Beds
The U.S. Consumer Product Safety Commission (CPSC) has approved the new ASTM F1821-19ε1 to be incorporated in federal regulation: 16 CFR 1217 – Safety Standard for Toddler Beds.
Toddler beds manufactured from 27th January 2020 will require certification per 16 CFR 1110 by a third party accreditation body per the revised ASTM F1821-19ε1 standard.
The dangers of inclined infant sleep products
In 2019, the U.S. Consumer Product Safety Commission (CPSC) recalled several units of inclined infant sleep products as a result of infant fatalities.
As a result, the CPSC has published an article about inclined infant sleep products and associated dangers. This article outlines the fact that the best place for a baby to sleep is on a firm, flat surface in a crib, bassinet or play yard.
For more information, click here.
Upcoming dates of application
As a reminder, below is a summary of the standards and legislation that will come into force within the next six months and which will require application:
- Legislations:
- Manufacturers and importers should carefully consider these upcoming dates of application and confirm that their products will comply with the following restrictions:
-
- Autralia: Consumer Goods (Children’s Nightwear and limited Daywear and Paper Patterns for Children’s Nightwear) Safety Standard 2017
- Brief description:
- The mandatory standard applies to nightwear for children (sizes 00–14 unless stated otherwise) which includes the following items:
- Pyjamas (whether sold as top and bottom together or nightwear separates)
- Size 3 - 14 knitted nightwear all-in-ones
- Size 00 - 14 woven nightwear all-in-ones
- Predominantly knitted all-in-one garments in the size range size 00-2 made from fabrics that have a pile or nap, or include fabrics with a pile or nap
- Nightdresses and nighties
- Nightshirts
- Dressing gowns
- Bathrobes
- Boxer shorts of a loose style commonly used as nightwear
- Infant sleep bags with sleeves or arm openings
- Blankets and towels that incorporate a sleeve or arm opening
- The mandatory standard also covers paper patterns for making children's nightwear. The mandatory standard prescribes requirements for safety testing and labelling of children's nightwear and paper patterns for making children's nightwear.
- It will apply from 1st January 2020.
- Turkey: Regulation on Persistent Organic Pollutants - POP (Official Gazette: 30595)
- Brief description:
- The use of hexabromocyclododecane (HBCDD) (listed in Annex 2), either on its own or as part of a mixture, in the manufacturing of expanded polystyrene articles and is permitted until 28.11.2019. The introduction and use of expanded polystyrene articles containing hexabromocyclododecane as constituent and produced in accordance with this exemption is permitted for up to 6 months from the date on which this exemption expires. Items that have already been used up to this date can still be used.
- It will apply from 28th November 2019.
Below you will find a monthly summary 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 48 alerts regarding Childcare articles, equipment and toys have been reported, from week 43 until week 46 of 2019.
|
Type of Risk |
Number of alerts |
Notes |
|
Chemical |
19 |
Phthalates contained: di(2-ethylhexyl) phthalate (DEHP) , diisobutyl phthalate (DIBP) and dibutyl phthalate (DBP) |
|
Slime and drying modelling clay: high level of migration of Boron |
||
|
Finger paints: an excessive amount of 4-nitrosomorpholine (NMOR) |
||
|
Balloons: The amount of nitrosamines released by the balloons is too high. Not complying with EN 71-12 |
||
|
Burn |
1 |
Warm cushion: The instructions for use are inaccurate. This could lead to the user to overheat the product, which if applied on a baby could lead to burns |
|
Injuries |
2 |
Baby walker: There is no protection against falls down steps. Not complying with EN 1273 |
|
Choking |
21 |
Small parts. Not complying with EN 71-1 |
|
Rattle toy set: The product has protruding parts and can also easily break, releasing small parts. Not complying with EN 71-1 |
||
|
Toy gun set: The suction cups can easily detach from the projectiles. Not complying to EN 71-1 |
||
|
Stationary – eraser: The product, due to its characteristic form, colour and size, may be mistaken for foodstuff. Small parts can be easily detached from the product. Not complying with the requirements of the Food Imitating Products Directive |
||
|
Asphyxiation |
1 |
Magnetic Building Blocks: The product contains small loose parts and a plastic packaging that can become accessible. Not complying with EN 71-1 |
|
Damage to sight |
1 |
Plastic toy gun: The laser beam (blue LED light) is too powerful. Not complying with EN 71-1 and 60825-1 |
|
Damage to hearing |
1 |
Toy microphone: The sound level of the toy is too high. Not complying with EN 71-1 |
|
Strangulation |
1 |
Children's swing: The product is incorrectly labelled as being suitable for small children. The crotch strap can break and the seat back and bottom may come apart, causing the small child to slip down and become trapped by the neck where the two shoulder straps meet, leading to strangulation. Not complying with EN 71-8 |
|
Damage to hearing, Suffocation |
1 |
Push-along toy: The sound level produced by the toy is too high and the plastic bag of the packaging is too thin. Not complying with EN 71-1 |
From 21st October to 20th November 2019, CPSC (Consumer Product Safety Commission) has published the following recalls: 0 recalls regarding Childcare and children’s products.
