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Toys & Childcare | Summer Recap 2020

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 Eurofins newsflash Toys and Childcare

 

Regulatory news


 

Europe

 

Draft safety requirements and test for children's cot duvets

 

Recently, the EU technical committee members announced they are going to vote to approve or reject the following standard:

 

prEN 16779-2 Textile child care articles — Safety requirements and test methods for children's cot duvets — Part 2: Duvet covers (excluding duvet)

 

Kindly consider that the draft standard may change, there is still option to provide comments for review.

 

It´s expected that this standard will become harmonised under GPSD at EU level.

 

Technical publications

 

Please find below a table summarising recent technical publications (non-exhaustive):

 

Date

Entity

Comments

28/02/2020

ECHA

Exposure to Environmental Toxicants and Early Language Development for Children Reared in Low-Income Households

04/06/2020

EPA (Danish Environmental Protection Agency)

Survey and risk assessment of slime toys

02/07/2020

DGCCRF

Investigation result: Chemicals in baby diapers

 

Standards updates

 

Please see the below table summarising the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):

 

(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.

 

CENELEC / CEN

Reference

Title

Date of Withdrawal (*)

Supersedes

EN 71-7:2014+A3:2020

Safety of toys - Part 7: Finger paints - Requirements and test methods

2020-10-08

 

EN 14350:2020

Child care articles - Drinking equipment - Safety requirements and test methods

2021-06-30

EN 14350-2:2004
EN 14350-1:2004

EN 1273:2020

Child care articles - Baby walking frames - Safety requirements and test methods

2021-07-31

EN 1273:2005

 

France

 

New decree for rubber and pacifiers

 

On 11th August 2020, the France authorities published the following decree:

 

Order of 5 August 2020 relating to rubber materials and objects intended to come into contact with foodstuffs and pacifiers for infants and young children

 

This decree apply rubber materials and articles intended to come into contact with foodstuffs and pacifiers for infants and young children. It replaces and repeals the decree of November 9, 1994.

 

The main points are:

 

  • It updates the lists of authorized constituents
  • It clarifies and updates certain rules for verifying the conformity of rubber materials and articles
  • It provides a model for the declaration of conformity provided for by article 6 of decree n ° 2007-766 of May 10, 2007

The provisions of this decree come into force on July 1, 2021.

 

Denmark

 

New Order for phthalates in toys and childcare articles

 

On 20th June 2020, the Danish Ministry of the Environment and Food published Order No. 947 to ban phthalates in toys and childcare articles in concentrations above 0,05 %.

 

UK

 

Transition period information

 

Please see the below table summarising the most recent publication made to UK authorities (non-exhaustive):

 

Date

Title

01-09-2020

Using the UKCA mark from 1 January 2021

 

US

 

CPSC revises safety standard for sling carriers

 

On April 20, 2020, the US Consumer Product Safety Commission (CPSC) published a direct rule which revises the mandatory standards for sling carriers incorporating by reference the most current version ASTM F2907-19.

 

In comparison to the former standard adopted by the CPSC, this rule covers following main amendments:

 

  1. address slings designed to contain up to two occupants;
  2. requires test weights to be greater than 35 pounds, or the manufacturer's recommended maximum occupant weight

The revised rule 16 CFR 1228 requires that sling carriers shall comply with all applicable provisions of ASTM F2613-19 and reserves the additional requirement for warning label attachment.

 

The final rules will come into force on July 6, 2020, unless the Commission receives significant adverse comment by May 20, 2020.

 

Please click here for more information.

 

CPSC revises safety standard for hand-held infant carriers

 

On 20th May 2020, the US Consumer Product Safety Commission (CPSC) published a revision to the mandatory standards for hand-held infant carriers.

 

The main substantive changes in ASTM F2050-19 that impact the safety of hand-held infant carriers are as described below:

 

  • The definition of “hand-held infant carrier” changed to include “semi-rigid.” This change harmonises ASTM F2050 with the definition in 16 CFR part 1225, and is, therefore, an improvement in safety compared to the previous standard.
  • ASTM added a new warning icon and warning statement regarding fall hazard with shopping cart use. Specifically, the message “Fall Hazard: The carrier can fall from the shopping cart. Do not use on shopping cart,” and a related icon must now appear in the instructional literature for a hand-held infant carrier. We conclude that this change is an improvement in safety because it alerts the caregiver to an additional hazard.

The two substantive changes made to ASTM F2050-19 improve the safety of hand-held infant carriers, and the non-substantive changes are neutral regarding safety.

 

The rule is effective as of August 3, 2020, unless the CPSC receive significant adverse comment by June 19, 2020.

 

Please click here for more information.

 

CPSC determines certain unfinished manufactured fibers exempt from ASTM F963 elements and phthalates tests

 

Recently, the Consumer Product Safety Commission (CPSC) published a final rule which determines that certain unfinished manufactured fibers do not contain ASTM F963 elements or phthalates exceeding the limits for children's toys and child care articles under CPSC regulation.

 

This final rule defines unfinished manufactured fiber as containing no chemical additives beyond those required to manufacture the fiber.

 

16 CFR 1253.2(b) specifies that the following unfinished manufactured fibers do not exceed ASTM F963 solubility limits with a high degree of assurance:

 

  1. Nylon
  2. Polyurethane (Spandex)
  3. Viscose Rayon
  4. Acrylic and Modacrylic
  5. Natural Rubber Latex

16 CFR 1253.2(c) specifies the following unfinished manufactured fibers do not exceed phthalate limits, with a high degree of assurance, under 16 CFR 1307:

 

  1. Polyester (polyethylene terephthalate, PET)
  2. Nylon
  3. Polyurethane (Spandex)
  4. Viscose Rayon
  5. Acrylic and Modacrylic
  6. Natural Rubber Latex

This rule is effective as of July, 1st, 2020. Based on these determinations, accessible component parts of children's toys and child care articles made of above unfinished manufactured fibers do not require third party testing.

 

Please click here for more information.

 

US CPSC publishes Safety Standard for Gates and Enclosures

 

Recently, the US Consumer Product Safety Commission issued a final rule on Federal Register for gates and enclosures under Section 104(b) of the CPSIA, which will come into effect on July 6, 2021.

 

This final rule 16 CFR 1239 requires that each gate and enclosure must comply with all applicable provisions of ASTM F1004-19, Standard Consumer Safety Specification for Expansion Gates and Expandable Enclosures, with some additions or exclusions.

 

The rule also amends the list of notices of requirements regarding third party conformity assessment bodies in 16 CFR 1112 to include safety standard for gates and enclosures.

 

For more information please click here.

 

Recent CPSC updates

 

The below a summary of the recent CPSC updates (non-exhaustive):

 

 

Standards updates

 

See below a table summarising some recent ASTM standards updates:

 

Reference

Title

ASTM F1917 - 20 

Standard Consumer Safety Performance Specification for Infant Bedding and Related Accessories

ASTM F3317 - 20

Standard Consumer Safety Specification for Infant Floor Seats

ASTM F2088 - 20

Standard Consumer Safety Specification for Infant and Cradle Swings

 

Other relevant news this summer

 

 

China

 

National Supervision and Spot Check Plan 2020

 

On 8th May 2020, the China State Administration for Market Regulation (SAMR) published the National Product Quality Supervision and Sampling Plan for 2020.

 

The spot check plan covers a total of 131 products; from household textiles, to electrical and electronic products, light industrial products, construction and decoration materials, agricultural products, mechanical security products, electrical products and materials and food-related products.

 

For more information, please visit the SAMR website here.

 

CNCA revised rules for baby products

 

On 1st June 2020, the Certification and Accreditation Administration (CNCA) of China published Announcement No. 14 of 2020 in relation to implementation rules for compulsory product certification of toys and stroller products.

 

The announcement indicates a number of new rules for baby products:

 

  • Product certification implementation rules in relation to baby products (CNCA-C22-01:2020 )
  • Compulsory certification implementation rules in relation to toys (CNCA-C22-02:2020 )

These rules are effective as of 1st July 2020. Compulsory product certifications issued before that date remain valid, and certification conversion will be completed at natural transitions such as expiring replacements, product changes, and standard changes. These rules repeal the Notice on the revision of toy products Compulsory Certification Rules (CNCA Announcement Nº 40 of 2010).

 

To view the official publication Chinese, please click here.

 

Changes to the catalogue of china compulsory certification (ccc)

 

In April 2020, the Certification and Accreditation Administration (CNCA) of China published the following announcements (only in Chinese language):

 

  • 18 of 2020 General Administration of Market Supervision on optimisation of the compulsory product certification catalog.
  • 21 of 2020 General Administration of Market Supervision and Administration in relation to the release of compulsory product certification catalog products and announcement of the reference table corresponding to commodity numbers in 2020.

The Certification and Accreditation Administration (CNCA) has merged and changed a few product categories in the catalogue without changing the scope of mandatory product certification. The updated compulsory product certification catalogue contains a total of 103 compulsory products with corresponding commodity number in the annex.

 

Australia

 

Aquatic toys safety standard 2020

 

On 3rd June 2020, the Australian Government published the Consumer goods (aquatic toys) safety standard 2020. It repeals Consumer Product Safety Standards for Flotation Toys and Aquatic Toys (Consumer Protection Notice No 2 of 2009).

 

An aquatic toy must comply with the relevant sections of the following standards:

 

  • Australian/New Zealand Standard AS/NZS ISO 8124.1:2019: Safety of toys Part 1: Safety aspects related to mechanical and physical properties
  • International Standard ISO 8124-1:2018: Safety of toys - Part 1: Safety aspects related to mechanical and physical properties.

The words of the warning must be:

 

  • in English
  • clearly legible
  • clearly visible
  • indelible

Advertising copy or graphics shall not state or imply that a child will be safe if left unsupervised with an aquatic toy.

 

During the transition period, up until 12 June 2022, suppliers have the option to comply with the requirements of either the Consumer Goods (Aquatic Toys) Safety Standard 2020 or the Consumer Protection Notice No. 2 of 2009 (Consumer Product Safety Standard for Flotation Toys and Aquatic Toys).

 

For further information, please visit the ACCC website here.

 

Brazil

 

Amendments for Toys and School Articles

 

On 24th June 2020, The National Institute of Metrology, Quality and Technology (INMETRO) published the ordinance nº 217 which Amends Ordinance Inmetro nº 563, of 29 December 2016, which approves the Technical Regulation and Requirements for Conformity Assessment for Toys, and Inmetro Ordinance No. 481, of 7 December 2010, which approves the requirements Conformity Assessment for Articles School.

 

To view the official publication in Portuguese, please click here.

 

International

 

Standards updates

 

Please see the below table summarising the most recent standard updates:

 

Reference

Title

Publication date

ISO 8124-1:2018/AMD 2:2020

Safety of toys — Part 1: Safety aspects related to mechanical and physical properties — Amendment 2: Various

2020-06

ISO 8124-1:2018/AMD 1:2020

Safety of toys — Part 1: Safety aspects related to mechanical and physical properties — Amendment 1: Flying toys

2020-06

 

Regulatory proposals notified to the WTO

 

Please see the below table summarising the most recent notifications made to the World Trade Organization (non-exhaustive):

 

Notification number / Link

Country

Title

G/TBT/N/AUS/120

Australia

Review of the mandatory safety standards for children's toys – Consultation paper.



The ACCC is proposing to update the mandatory safety standard for children's toys containing magnets to allow suppliers to comply with any of the following widely-adopted voluntary standards:

 

  • International Standard (ISO 8124-1:2018 - Safety of toys – Part 1: Safety aspects related to mechanical and physical properties)
  • European Standard (EN 71-1:2014+A1:2018 - Safety of toys – Part 1: Mechanical and physical properties)
  • American Standard (ASTM F963 – 17 - Standard consumer safety specification for toy safety)
  • Australian/New Zealand Standard (AS/NZS ISO 8124.1:2019 – Safety of toys Part 1: Safety aspects related to mechanical and physical properties, which is a domestic adoption of the International Standard)

The proposed safety standard would not impose any requirements other than those contained in these standards.

G/TBT/N/TPKM/412

TPKM

Proposal for Legal Inspection of Infant Bath Tubs for Child Use and Care.



In response to the concern raised by the public about the safety of infant bath tubs due to incidents in recent years that resulted in severe injuries to infants, the Bureau of Standards, Metrology and Inspection intends to regulate the safety and quality of infant bath tubs. The conformity assessment procedure is either Type Approved Batch-by-Batch Inspection or Registration of Product Certification (Module 2 + Module 3).

G/TBT/N/EU/731

Europe

Draft Commission Regulation amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards perfluorocarboxylic acids containing 9 to 14 carbon atoms in the chain (C9-C14 PFCAs), their salts and related substances.

 

Product Recalls / Alerts

 

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 51 alerts regarding Childcare articles, equipment and toys have been reported, from week 16 to week 20 of 2020.

 

Type of Risk

Number of alerts

Notes

Chemical

19

Plastic toys: they contain di-‘isononyl’ phthalate (DINP), tris(2-chloroethyl) phosphate (TCEP), bis(2-ethylhexyl) phthalate (DEHP), diisobutyl phthalate (DIBP).

Toy slime: The migration of boron from the toy slime is too high. Does not comply with EN 71-3.

Toy ring: The flower of the ring easily detaches, leaving the button batteries accessible. Does not comply with  EN 62115.

Chemical, Choking

3

Soft toy: The toy's foam filling is easily accessible, while its battery box can be easily opened, generating small parts and leaving button batteries accessible.  Does not comply with EN 71-1.

Battery-operated toy guitar: The toy can easily break, releasing small parts. Does not comply with EN 71-1 and EN 62115.

Toy xylophone: The product releases small parts. Does not comply with EN 71-3 and EN 71-1.

Choking

17

Fishing toy set: Small parts can be easily detached from the toy. Does not comply with EN 71-1.

Toy bow and arrow set: The suction cups of the arrows can easily detach. Does not comply with EN 71-1.

Bath toy: The product contains small figures. Does not comply with EN 71-1.

Toy microphone: The toy can easily break, releasing small parts. Does not comply with EN 71-1.

Push along toy: Small parts can easily be detached from the handle of the toy and the toy can easily break, releasing small parts. Does not comply with EN 71-1.

Toy gun set: The toy has small parts that can be easily detached and it can easily break, releasing further small pieces. Does not comply with EN 71-1.

Plastic toy: The toy contains protruding parts (detachable plastic ring).Does not comply with EN 71-1.

Stacking toy: The cover of the rattle piece can be easily detached releasing its inner ball. Does not comply with EN 71-1.

Soft toy: Small parts can easily detach from the toy. Does not comply with EN 71-1.

Toy motorcycle: Small parts can easily detach from the toy. Does not comply with EN 71-1.

Choking, Injuries

3

Magnetic fishing toy: The small magnetic hook has a high magnetic flux and can easily become detached. Does not comply with EN 71-1.

Expandable toy: The turtles are too small and excessively expand when in contact with liquids. Does not comply with EN 71-1.

Expandable toy: Small parts (e.g. the head) can be easily torn from the toy dinosaur and may be put into the mouth and swallowed by children. Does not comply with EN 71-1.

Choking, Suffocation

2

Toy musical instrument set: The toys have small parts that can easily detach, as can the packaging. Both can easily break releasing small parts. Does not comply with EN 71-1.

Toy firetruck set: The product has small parts that can easily detach. A child may put them in the mouth and choke. Does not comply with EN 71-1.

Cuts, Injuries

1

Toy pushchair: The pushchair has an insufficient securing device and is not sufficiently resistant to load. Does not comply with EN 71-1.

Injuries

5

Toy gun: The kinetic energy of the projectiles fired from the toy gun is too high and may lead to injuries, especially to the eyes. Does not comply with EN 71-1.

Baby walker: There is no protection against falls down steps. Does not comply with EN 1273.

Safety gate for children: The safety gate (its hinge specifically) can easily break. Does not comply with EN 1930.

Soft toy: The sequins can easily become detached. Does not comply with EN 71-1.

Strangulation

1

Toy binoculars: The strap attached to the toy does not have a quick release mechanism. Does not comply with EN 71-1.

 

The following 40 alerts regarding Childcare articles, equipment and toys have been reported, from week 21 to week 26 of 2020.

 

Type of Risk

Number of alerts

Notes

Chemical

11

Plastic toys: contain di-‘isononyl’ phthalate (DINP), tris(2-chloroethyl) phosphate (TCEP), bis(2-ethylhexyl) phthalate (DEHP), diisobutyl phthalate (DIBP).

Toy slime: The migration of boron from the toy slime is too high. Does not comply with EN 71-3.

Chess set: The product releases an excessive amount of formaldehyde. Does not comply with the Toy Safety Directive.

Chemical, Choking

1

Soft toy: The toy can easily break, releasing small parts.  Does not comply with EN 71-1 and EN 62115.

Choking

8

The toy contains protruding parts. Does not comply with EN 71-1.

Choking, Cuts, Entrapment, Injuries

1

The fastening rivet of the upholstery can easily be detached, generating a small part. A small child may put part in mouth and choke on it. The effectiveness of the restraint system is inadequate and the child may fall out of the seat. The strength and durability of the seat is insufficient. Moreover, there are sharp edges and accessible gaps which can lead to cuts or entrapment of fingers. / The product does not comply with the relevant European standard EN 14344.

Choking, Injuries

2

Expandable toy: The snow powder expands by more than 50%. If a child puts the powder in the mouth and swallows it, it could cause occlusion of the respiratory track or intestinal blockage. Does not comply with EN 71-1.

Toy gun: The gel beads can be put into the mouth and swallowed by children. As the beads expand by more than 50%, it can cause fatal occlusion of the respiratory track or intestinal blockage. Does not comply with EN 71-1.

Choking, Suffocation

1

Toy keyboard: The toys have small parts that can easily detach, as can the packaging.  Both can easily break releasing small parts. Does not comply with EN 71-1.

Entrapment, Injuries

2

Children’s bicycle seat: The effectiveness and closure of the restraint system are inadequate. The child could fall out of the seat when the cyclist brakes sharply or the closure might open accidentally or by the child and the child could fall out. There are gaps and openings accessible. Does not comply with EN 14344.

Injuries

14

Children's car seat: If the seat is used in combination with the ISOFIX base, the connection could become lose and the seat could separate from the base in the event of an accident, leading to injury. Does not comply with Regulation UN/ECE No 44-04.

Toy crossbow set: The kinetic energy of the arrows fired from the crossbow is too high and can lead to eye injuries. Does not comply with EN 71-1.

Children's shorts:

 

The shorts have long drawstrings with free ends to be tied at the front of the waist area. They can become trapped during various activities, leading to injury. Does not comply with EN 14682.

Plush toy with sequins:  The sequins can easily become detached. A small child might put the toy in the mouth, detach the sequins with the teeth and inhale them. This could lead to infection in the lungs. Does not comply with EN 71-1.

Microwavable plush toy: The tourmaline grains inside the toy are easily accessible due to the weakness of certain seams. A small child may inhale them when playing with the toy, leading to infections in the lungs. Does not comply with EN 71-1.

 

US

 

From the 16th April 2020 to the 15th May of 2020, the CPSC (Consumer Product Safety Commission) published the following recalls: 3 recalls regarding Childcare and children’s products.

 

Type of Risk

Number of alerts

Notes

Health effects

1

Neck Pillows: Paint on the zippers and zipper pulls contains levels of lead that exceed the federal lead paint ban.

Fall

1

Baby and Toddler Swings: The plastic stopper on the bottom of the swing rope that holds the swing seat in place can detach.

Injuries

1

Children’s Sleepwear Sets: The children’s sleepwear sets fail to meet the federal flammability standard.

 

From the 16th May 2020 to the 30th June of 2020, the CPSC (Consumer Product Safety Commission) published the following recalls: 3 recalls regarding Childcare and children’s products.

 

Type of Risk

Number of alerts

Notes

Fall and choking hazard

1

Umbrella strollers: The location of the restraint system creates a large gap between the restraint and the seat. In addition, the covering on the grab bar can detach and expose foam.

Fall, entrapment and strangulation hazards

1

Baby strollers: A child’s torso can pass through the opening between the activity tray and the seat bottom and his/her head can become trapped. In addition, the location of the crotch restraint creates a large opening between the seat bottom and the restraint.

Choking hazard

1

Miniware teething spoons: The teething spoon can break in a child’s mouth when being used as a teether.