Toys & Hardlines regulatory updates November 2022
Forum enforcement projects 2023-2025 on imported products
On 16 November 2022, the ECHA announced the next REACH enforcement project. The new REACH-EN-Force will aim to control the imports of substances, mixtures and articles. It will investigate how companies fulfil the registration, authorisation and restriction obligations for products and chemicals they import from outside the EU. It will be carried out in 2023-2025 with the cooperation of national customs authorities and REACH inspectors.
This project arose as a result of the 2019 pilot project, the results of which indicated that 23% of inspected products were non-compliant with requirements set by EU law and that further controls are necessary.
For more information, consult the ECHA’s website here.
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Date of withdrawal: the latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.
(**) Date of announcement: the latest date by which the existence of an EN (and HD for CENELEC), a TS or a CWA has to be announced at national level.
|
CEN |
|||
|
Reference |
Title |
Date of withdrawal |
Supersedes |
|
Hardware for furniture - Test and evaluation methods for the corrosion resistance of furniture fittings |
31 May 2023 |
|
|
|
Plastics - Extruded and/or calendered, non-reinforced film and sheeting made of plasticised poly(vinyl chloride) (PVC-P) - Characterisation and designation |
30 April 2023 |
||
|
Tissue paper and tissue products - Part 15: Determination of optical properties - Measurement of brightness and colour with C/2° (indoor daylight) illuminant (ISO 12625-15:2022) |
30 April 2023 |
||
|
Resilient floor coverings - Expanded (cushioned) poly(vinyl chloride) floor covering - Specification - Amendment 1 (ISO 26986:2010/Amd 1:2022) |
30 April 2023 |
|
|
Miscellaneous technical publications relating to consumer products
The latest publications in relation to consumer products are summarised in the table below:
|
Date |
Country/ Region |
Entity |
Publication |
|
31 October 2022 |
Europe |
European Commission |
Commission Implementing Regulation (EU) 2022/1998 of 20 September 2022 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff |
|
31 October 2022 |
Europe |
European Commission |
Commission Implementing Regulation (EU) 2022/2094 of 28 October 2022 specifying the technical items of data sets, establishing the technical formats for the transmission of information and specifying the detailed arrangements and content of the quality reports on the organisation of a sample survey in the consumption domain pursuant to Regulation (EU) 2019/1700 of the European Parliament and of the Council |
|
9 September 2022 |
Europe |
EFSA |
Mandatory environmental information in consumer products
A product’s environmental qualities and characteristics are very relevant for consumers. It will therefore be mandatory for all consumer products place in the French market in 2023.
According to Decree 2022-748 of 29 April 2022 relating to consumer information on the environmental qualities and characteristics of waste-generating products, these obligations will come into force gradually.
Below is a summary table with the main dates and turnover of the companies:
|
Environmental characteristics of waste-generating products |
||
|
|
For producers, importers and any other marketers |
|
|
Annual turnover |
Responsible annually |
|
|
|
>50 million euros |
>25,000 units of the products |
|
They are not applicable to products for which the last unit is placed on the market between 1 January and 31 March 2023. |
||
|
From 1 January 2024 |
> 20 million euros |
>10,000 units of the products |
|
From 1 January 2025 |
> 10 million euros |
>10,000 units of the products |
This information shall be available in a dematerialised format, accessible free of charge at the time of purchase and reusable so as to allow aggregation.
The producer or importer shall make available the information provided on a dedicated website or internet page comprising a sheet entitled “product sheet relating to the qualities and environmental characteristics” so as to allow direct research and queries on the internet as well as the extraction of data for possible automated processing of the information presented.
For more information, consult the Ministry of Energy Transition’s website here and Frequently Asked Questions (FAQ)
Technical publications related waste and consumer products
Recent publications by the French authorities and Ministry of Energy Transition related to consumer products and waste include:
|
Date |
Publication |
|
3 October 2022 |
Definition of refill However, there is no regulatory definition (France or Europe) of charging. This is why the entire value chain of the packaged product represented by the National Packaging Council (CNE) offers a definition. |
|
14 October 2022 |
Rental of DIY or gardening equipment: maintenance is satisfactory but consumer information is not. |
|
14 October 2022 |
Sorting of waste
|
|
18 October 2022 |
Decree No. 2022-1328 of 17 October 2022 relating to individual authorisations prior to training in the use of explosive products |
|
26 October 2022 |
Order of October 14, 2022 modifying the specifications pertaining to eco-organisations in the sector of extended responsibility of the producers of components for furniture designated in article R. 543-240 of the environmental code. It amends the specifications for eco-agencies in the furniture waste industry (dea) designated in article r. 543-240 of the environmental code. |
|
9 November 2022 |
Five industrial sectors supported in their deindustrialization |
|
18 November 2022 |
Everything you need to know about the repairability index Since January 1, 2021, the repairability index has provided you with information on this subject. On November 2, 2022, the repairability index was extended and became mandatory for the following products:
For more information, consult the Ministry of Energy Transition’s website here. |
Aniline is incorporated into the Spanish legal system for toys
On 3 November 2022, the Order PCM/1048/2022 related to toy safety was published by the Ministry of the Presidency, Relations with the Courts and Democratic Memory.
The main takeaway is the modification of Annex II of Royal Decree 1205/2011, of 26 August, on the safety of toys. By means of this order, Directive (EU) 2021/903 of the Commission, of 3 June 2021, which modifies Directive 2009/48/EC of the European Parliament and of the Council, has been incorporated into the Spanish legal system, with regard to the specific limit values for aniline in certain toys.
In Appendix C of Annex II, the following entry is added to the table in the first paragraph:
|
Substance |
CAS number |
Limit value |
|
Aniline |
62-53-3 |
30mg/kg after reducing fragmentation on textile material of toys and leather material of toys. |
|
10mg/kg as free aniline in finger paints. |
||
|
30mg/kg after performing a reduction fragmentation in finger paint. |
This order entered into force on 4 December 2022.
From 1 January 2023, the new environmental tax that applies to non-reusable plastic containers will come into force. Through Law 7/2022, of 8 April, on waste and contaminated soils, the new special tax on non-reusable plastic containers has been established, which is related to the Law on packaging and packaging waste. The main changes are related to the incorporation of the special tax on non-reusable plastic containers. The following bullet points summarise the most important changes:
- The tax will aim to promote the prevention of the generation of non-reusable plastic packaging waste, as well as promoting the recycling of plastic waste, contributing to the circularity of this material.
- The definition of hazardous waste of sanitary origin has been incorporated, which is exempt from the tax.
- The time in which the exemption from the tax on containers within the scope of application that have been imported or acquired intra-community, and which weight 5kg or less, has been limited to one month.
- Recycled plastic certified by the UNE-EN 15343-2008 standard is accepted, as well as that from duly certified chemical recycling.
- Date of entry into force: 1 January 2023.
If you need information or have questions about the procedures related to the new tax, consult the new documents published on the Tax Agency website, here.
The use of CE mark deadline has been extended for UK market
On 14 November 2022, the UK government announced that it will bring forward legislation which would continue to allow recognition of the CE marking and the reversed epsilon marking for most goods that are being placed on the market or put into service before 31 December 2024.
This is mean that, in most cases, if your product has been placed on the GB market with a CE mark before 31 December 2024, it does not need to be remarked or recertified according to UKCA requirements and can continue to circulate on the GB market until it reaches its end user. This also includes where the CE marked product was conformity assessed and certified under EU conformity assessment procedures before 31 December 2024. This measure will apply to the following relevant consumer products, among others:
- Toys
- Electromagnetic compatibility
- Radio equipment
- Personal protective equipment (PPE)
- Ecodesign
- Aerosols
- Low voltage electrical equipment
Please find a summary table below:
|
Placing goods on the market in Great Britain |
|
|
Type of product |
Accepted markings or combination of markings |
|
Manufactured products being placed on the GB market before 11pm on 31 December 2024 |
UKCA or CE |
|
Manufactured products placed on the GB market as of 11pm on 31 December 2024 |
UKCA |
|
Placing qualifying Northern Ireland goods on the market in Great Britain (unfettered access) |
|
|
Type of product |
Accepted markings or combination of markings |
|
Qualifying Northern Ireland products being placed on the GB market under unfettered access |
CE or CE and UKNI |
The UK government intends to introduce legislation enabling the UKCA marking to be placed on a label affixed to the product or on a document accompanying the product until 31 December 2027. This measure will apply to the following relevant regulations for consumer products among others:
- Aerosol Dispensers Regulations 2009
- Electrical Equipment (Safety) Regulations 2016
- Electromagnetic Compatibility Regulations 2016
- Radio Equipment Regulations 2017
- Regulation (EU) 2016/425 and the Personal Protective Equipment (Enforcement) Regulations 2018
- The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012
- Toys (Safety) Regulations 2011
For more information, consult the UK government website here.
Updates related to waste packaging
The latest publications in relation to waste packaging and Producer Responsibility Obligations are summarised in the table below:
|
Date |
Code |
Publication |
|
27 October 2022 |
The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2022 |
|
|
27 October 2022 |
The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2022 |
|
|
27 October 2022 |
The Waste and Contaminated Land (Amendment) (2011 Act) (Commencement No.3) Order (Northern Ireland) 2022 |
|
|
9 November 2022 |
The Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) Regulations 2022 |
Miscellaneous technical publications relating to consumer products
The latest publications in relation to consumer products are summarised in the table below:
|
Date |
Entity |
Publication |
|
28 October 2022 |
Confederation of paper industries |
CPI publishes revised Design for Recyclability Guidelines |
|
14 November 2022 |
Import, export and customs for businesses |
Guidance: Claiming preferential rates of duty between the UK and EU |
European harmonised standard adoption for toys
On 7 October 2022, the Ministry of Economy published Order No. 92 of 27 September 2022 regarding the approval of the list of Moldovan standards regarding the safety of toys that are harmonised with European standards/Technical Regulation.
This order repeals the Order no. 39/2021 related to the List of Moldovan standards for the safety of toys.
The list of standards found in the Annex of this order overrules the Commission Implementing Decision (EU) 2021/1992 of November 15, 2021 on harmonised standards for toys.
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 |
|
|
|
SI 873 - School bag |
|
|
|
|
Review of the mandatory standard for bicycle helmets |
|
|
|
|
The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 |
CPSC approves final rules for corded window coverings
On 2 November 2022, the U.S. Consumer Product Safety Commission (CPSC) approved two new final rules to address the risk of strangulation deaths and serious life-threatening injuries to children from corded window coverings.
First, the CPSC passed a new final rule to amend 16 CFR 1120 to add non-compliant window covering cords to the substantial product hazard list. Under the new rule, the following will be deemed substantial product hazards:
- Stocking window coverings that fail to comply with one or more of the following requirements of ANSI/WCMA A100.1-2018:
- Operating cord requirements in section 4.3.1.1 (cordless operating system), 4.3.1.2 (short static or access cord), or 4.3.1.3 (inaccessible operating cord);
- Inner cord requirements in sections 4.5, 6.3, 6.7, and Appendices C and D; and
- On-product manufacturer label requirement in section 5.3
- Custom window coverings that fail to comply with one or more of the following requirements of ANSI/WCMA A100.1 – 2018:
- Inner cord requirements in sections 4.5, 6.3, 6.7, and Appendices C and D; and
- On-product manufacturer label in section 5.3.
This rule will go into effect 30 days after publication in the Federal Register for window covering products manufactured after that date.
Second, the CPSC passed a new federal safety standard for operating cords on custom window coverings (16 CFR 1260) to address the unreasonable risk of strangulation to children 8 years old and younger from custom window coverings with accessible operating cords longer than 8 inches. The new rule will require that operating cords on custom window coverings meet the same requirements as operating cords on stock window coverings, as set forth in the applicable voluntary standard, ANSI/WCMA A100.1-2018.
The new rule will require the following:
- (a) Requirements for operating cords. Each custom window covering shall comply with section 4.3.1 or 4.3.2.5.2, instead of section 4.3.2, of ANSI/WCMA A100.1—2018.
- (b) Requirements for rigid cord shrouds. If a custom window covering complies with paragraph (a) of this section by using a rigid cord shroud to make an operating cord inaccessible, the rigid cord shroud shall meet the requirements in section 6.3, of ANSI/WCMA A100.1—2018 and shall not have an accessible cord when tested for cord accessibility using the test methods for rigid cord shrouds.
The new rule will also prohibit stockpiling, as manufacturers and importers of custom window coverings may not manufacture or import non-compliant products in any 180-day period between 28 November 2022, and 30 May 2023, at a rate that is greater than 120% of the rate at which they manufactured or imported custom window coverings during the base period for the manufacturer. The base period is any period of 180 consecutive dates, chose by the manufacturer or importer, in the 5-year period immediately preceding 28 November 2022.
The effective date of the new rule is 30 May 2023.
CPSC publishes final rule of the new mandatory standard for clothing storage units
On 25 November 2022, the Consumer Product Safety Commission (CPSC) published 16 CFR 1261, the Safety Standard for Clothing Storage Units (CSUs), in the Federal Register. The new mandatory safety standard will take effect on 24 May 2023.
The new mandatory standard addresses the risk of injury or death of young children from tip over incidents with CSUs, which includes products such as chests, bureaus, dressers, armoires, wardrobes, chests of drawers, drawer chests, chifforobes and door chests. The new standard contains minimum stability requirements and marking and labelling of safety and identification information requirements that are different from the previous voluntary industry standard ASTM F2057-19 for CSUs.
Please see below a brief overview of the key differences between 16 CFR 1261 and ASTM F2057-19. For more details and specifics on this comparison, please contact your Eurofins Account Manager.
|
CPSC STANDARD (16 CFR 1261) |
ASTM F2057-19 |
|
Requirements for interlocks (1261.3) |
|
|
Gradually apply over a period of at least 5 seconds a 30-pound horizontal. Pull force on each locked drawer, one drawer at a time, and hold the force for at least 10 seconds. Performance requirement. The interlock will be disabled or bypassed for the stability testing in § 1261.4(c). |
Not mentioned |
|
Requirements for stability: |
|
|
Tilt the clothing unit forward by placing a test block (0.43”) under the unit’s most rear floor support. The purpose of which is to simulate a tilt associated with clothing storage units placed on carpeted surfaces. Note: Using a 0.43 inch test block would provide an equivalent tilt angle to that in the NPR and adequately simulate the effect of carpet. |
Does not consider tilting associated with use on carpeting. |
|
Static loads to be placed within storage compartments will be determined via the functional volume of drawers and other storage compartments (if 50 percent or more of the drawers and pull out shelves by functional volume are open (without interlock); if less than 50 percent of the drawers and pull out shelves by functional volume are open (with interlock). |
Does not consider the loading of storage compartments. |
|
Test method (with Method 1 & Method 2): All these methods are also performed when the storage units are loaded as calculated above. |
Test method: |
|
Requirements to provide performance and technical data by labelling.
|
The standard has a binary pass/fail output. |
|
Requires warning labels be displayed on products.
(i) For units with one or more drawer(s): |
Requires that F2057-19 warning labels be displayed on products.
|
|
Identification Mark |
Nil |
|
There is no mention of the standard for tip restraints. |
Requires F3096-14 compliant tip restraints. |
or 
CPSC updates gates and enclosures safety standard
On 14 November 2022, the U.S. Consumer Product Safety Commission (CPSC) issued a direct final rule (16 CFR1239) to update the mandatory Safety Standard for Gates and Enclosures. The final rule incorporates the latest version of ASTM F1004-22, Standard Consumer Safety Specification for Expansion Gates and Expandable Enclosures, with no modifications.
ASTM F1004-22 includes editorial revisions to the previous version of the standard, ASTM F1004-21.
The direct final rule will become effective on 21 January 2023.
China Issues new and updated product standards
The Chinese Ministry of Industry and Information Technology has recently released various new and updated industry and national product standards. Please see Table 1 below:
Table 1:
|
Category |
Standard |
|
|
QB/T 1957-2022 Aluminium and aluminium alloy pots |
|
QB/T 4946-2022 Glasswares－Stem glasses |
|
|
QB/T 5798-2022 Glasswares－Opacified glass tablewares and drinkwares |
|
|
QB/T 5812-2022 Cast aluminium alloy pan with non-stick coating |
|
|
QB/T 5820-2022 Glass containers－Small-mouth spice bottles |
|
|
|
HG/T 2723-2022 Colorful rubber latex balloon |
|
HG/T 4358-2022 Digital color photographic paper |
|
|
QB/T 2664-2022 Enameled plumbing fixtures—Bathtub |
|
|
HG/T 6102-2022 Pressure sensitive adhesive tapes of BOPP for general purpose |
|
|
QB/T 4160-2022 Watches with jewels and precious metal alloys |
|
|
QB/T 5774-2022 Hair products—false eyelashes |
|
|
QB/T 5793-2022 Hard gold adornment |
|
|
QB/T 5815-2022 Biodegradable plastic insulation box |
|
|
QB/T 5828-2022 General technical specifications for pre-embedded box of floor |
|
|
QB/T 4734-2022 Surface swimming eyewear |
|
|
|
GB/T 26698-2022 Pencils and mechanical pencils for exam |
|
GB/T 26699-2022 Ball pens for exam |
|
|
GB/T 26704-2022 Pencils |
Below, you will find a monthly table summarising product recalls and alerts in Europe (Source” Safety Gate (RAPEX)” and “RASFF”) and the U.S. (Source “CPSC”)
Safety Gate (RAPEX) (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities)
The following 59 alerts regarding childcare articles, equipment and toys were reported between week 42 and week 46 of 2022.
|
Type of Risk |
Number of alerts |
Notes |
|
|
|
Water balloons |
|
|
Toy slime |
|
|
|
Fancy dress The product does not comply with REACH Regulation. |
|
|
|
Musical toy set |
|
|
|
Soft toy |
|
|
|
Plastic dolls and accessories |
|
|
|
|
Plastic doll The product does not comply with the requirements of the Toy Safety Directive nor with EN 62115. |
|
|
|
Toy gun set The product does not comply with the requirements of the Toy Safety Directive, nor with REACH Regulation nor with EN 71-1. |
|
|
|
Plastic toys The product does not comply with the requirements of the Toy Safety Directive, nor with EN 71-1. |
|
|
Rattle toy The product does not comply with the requirements of the Toy Safety Directive nor with EN 71-1. |
|
|
|
Children's costume |
|
|
|
Soother holder |
|
|
|
Music box The product does not comply with the requirements of the Toy Safety Directive, nor with EN 71-1. |
|
|
|
Teething toy |
|
|
|
Children's highchair |
|
|
|
Toy gun set The product does not comply with the requirements of the Toy Safety Directive, nor with EN 71-1. |
|
|
|
Inflatable baby swimming float |
|
|
|
Soft toy The product does not comply with the requirements of the Toy Safety Directive, nor with EN 71-1. |
|
|
|
|
Baby carrier The product is sold with a textile bag with drawstrings. If a child puts the head inside the bag and pulls the drawstring to close it, the child may be strangled by it. The product does not comply with the requirements of the General Product Safety Directive nor with EN 16512. |
|
|
|
Soother holder The product neither complies with the requirements of the General Product Safety Directive nor with those of the Toy Safety Directive, nor with EN 12586, EN 71-1 or EN 71-3. |
|
|
|
Push along toy The product does not comply with the requirements of the Toy Safety Directive nor with EN 71-1. |
|
|
|
Doll stroller |
|
|
Toy tricycle The product does not comply with the requirements of the Toy Safety Directive nor with EN 71-1. |
|
|
|
|
Doll feeding bottle |
|
|
|
Soother holder |
|
|
Plush toy The product does not comply with the requirements of the General Product Safety Directive nor with EN 71-1. |
|
|
|
Fancy dress |
|
|
|
|
Squeezable toy The product does not comply with the requirements of the Toy Safety Directive nor with the European standard EN 71-1. |
The following 1 alert regarding furniture was reported between week 42 and 46 of 2022.
|
Type of Risk |
Number of alerts |
Notes |
|
|
|
Desk chair |
The following 23 alerts regarding hard goods/ miscellaneous goods were reported between week 42 and 46 of 2022.
|
Type of Risk |
Number of alerts |
Notes |
|
|
|
Wax melt burner |
|
|
Portable charcoal grill |
|
|
|
|
Barbecue smoker The product does not comply with the requirements of the General Product Safety Directive nor with EN 1860-1. |
|
|
|
Hair pin |
|
|
Jewellery |
|
|
|
|
Jump rope |
|
|
|
Decorative grapes The product does not comply with the requirements of the Food Imitating Products Directive. |
|
|
|
Watering bulb The product does not comply with the requirements of the General Product Safety Directive. |
RASFF (European Commission Rapid Alert System for Food and Feed - Alerts reported by EU national authorities)
The following 2 alerts regarding Food Contact Materials related to children's tableware were reported from 21 October 2022 to 20 November of 2022.
|
Product |
Substance / Hazard |
|
|
Tableware(dishes, bowls and ice scoops) |
Unauthorised use of bamboo fibres in tableware. |
|
|
Melamine bowl |
Poor stability of the material in melamine bowls. |
|
OPSS issues Product Safety Alerts on the UK market. The following alerts regarding toys and childcare products were reported between week 42 and week 46 of 2022.
50 recalls regarding toys and childcare products
|
Type of Risk |
Number of alerts |
Notes |
|
|
|
Wooden toy tractors and balers |
|
|
Plush toy The product does not meet the requirements of the Toys (Safety) Regulations 2011. |
|
|
|
Baby Crib Mobile |
|
|
|
Fidget toy |
|
|
|
Magnetic Fishing Toy |
|
|
|
Magnetic toys |
|
|
|
Rattle |
|
|
|
Wooden toy The product does not meet the requirements of the Toys (Safety) Regulations 2011. |
|
|
|
Finger puppets The product does not meet the requirements of the Toys (Safety) Regulations 2011. |
|
|
|
Puzzle The product does not meet the requirements of the Toys (Safety) Regulations 2011. |
|
|
|
Activity cube The product does not meet the requirements of the Toys (Safety) Regulations 2011. |
|
|
|
Baby toy The product does not meet the requirements of the Toys (Safety) Regulations 2011. |
|
|
|
Educational toy The product does not meet the requirements of the Toys (Safety) Regulations 2011. |
|
|
|
Cot mobile hanging toy |
|
|
|
Hand bell |
|
|
|
Music toys |
|
|
|
|
Cot hanging mobile toy |
|
|
|
Baby stroller The product does not meet the requirements of REACH Regulations or the General Product Safety Regulations 2005. |
|
|
|
Finger paint |
|
|
Dolls The product does not meet the requirements of the Toys (Safety) Regulations 2011 or REACH Regulations. |
3 recalls regarding hard goods/ miscellaneous goods
|
Type of Risk |
Number of alerts |
Notes |
|
|
|
Tealight wax burner |
|
|
|
Ladder |
2 recalls regarding furniture
|
Type of Risk |
Number of alerts |
Notes |
|
|
|
Desk chair |
|
|
Velvet dining chairs |
From the 27 October 2022 to the 17 November of 2022, the CPSC (Consumer Product Safety Commission) published the following recalls:
5 recalls regarding Toys and childcare products
|
Hazard |
Number of alerts |
Notes |
|
|
|
Children’s scooters |
|
Toy houses |
||
|
Children’s ramps |
||
|
|
|
Strollers |
|
|
|
Stacking toy |
1 recall of furniture
|
Type of Risk |
Number of alerts |
Notes |
|
|
|
Desk chairs |
5 recalls of consumer products
|
Type of Risk |
Number of alerts |
Notes |
|
|
|
Cycling helmets |
|
|
|
Basketball goal |
|
|
|
Lamp oil |
|
|
|
Air freshener |
|
|
|
Lighting |
