Consumer Products | Monthly bulletin | October 2019

Germany

List of standards under ProdSG updated

On 6^th September 2019, in the Joint Ministerial Journal No. 35 the Federal Institute for Occupational Safety and Health announced the references to the standards and other technical specifications identified by the Committee for Product Safety (AfPS) according to the Product Safety Act – ProdSG.

Below a summary of newly set and updated standards:

Update of AfPS PAH Guide

Recently, the German Institute for Occupational Safety and Health (BAuA) published the new Updated AfPS Guide (AfPS GS 2019:01 PAK) for testing and evaluation of PAHs (Polycyclic Aromatic hydrocarbons) under GS Mark.

The main changes compared to the current still valid AfPS GS 2014:01PAK, are the following:

• The scope of categories 1, 2a and 3a has been extended to "use by children".
• The list of PAHs has been shortened from 18 to 15 PAHs. Acenaphthylene (CAS No. 208-96-8). Acenaphthene (CAS No. 83-32-9), and fluorene (CAS No. 86-73-7) have been removed from the substance list.
• The term "Gefährdungsbeurteilung (risk / hazard assessment)" has been replaced by the term" Risikobeurteilung (risk assessment)".

When the GS mark is awarded, this new version must be applied from 1 July 2020 (including current procedures completed after 1 July 2020).

Existing GS mark certificates remain valid.

US

Amendment for formaldehyde standards

On 21^st August 2019, the Environmental Protection Agency (EPA) published the final rule of Technical Issues; Formaldehyde Emission Standards for Composite Wood Products.

Its aim is to amend the formaldehyde standards and align the final rule requirements with the California Air Resources Board (CARB) Airborne Toxic Control Measures (ATCM) Phase II program.

It was effective on August 21, 2019.

Click here for getting the official publication in Federal Register.

US | Illinois

New requirements for thermal paper

On 26^th August 2019, the HB 2076 bill (Act 101-0457) was signed with the aim to regulate bisphenol A (BPA) in thermal paper.

This bill prohibits BPA in paper for marking business or banking records. It considers "thermal paper" as paper with Bisphenol A added to the coating. It will take effect on 1^st January 2020.

Note: Thermal paper containing recycled materials or manufactured before January 1, 2020, is exempt.

US | New Hampshire

Flame retardants ban in furniture and carpeting

On 3^rd September 2019, New Hampshire Governor signed Bill SB193 into law which bans sale or import of upholstered furniture containing more than 0.1% of flame retardants or their mixtures.

Read more >>

US | New York

Cancellation of the New York Cleaning Products Ingredient Disclosure Program

On 27^th August 2019, The State of New York Supreme Court published a decision which invalidates the "Household Cleansing Product information Disclosure Program" issued by respondent New York State Department of Environmental Conservation due to not following appropriate administrative procedures.

The disclosure programme is null and void. In order to reissue it, the New York State Department of Environmental Conservation (NYSDEC) will either need to appeal the decision in court or proceed through the traditional rulemaking process, in accordance with the State Administrative Procedures Act (SAPA).

US | California

Proposes to amend toxics limits in recycled glass packaging

Recently, a bill SB 232 was enrolled and presented to the California’s Governor which temporarily increases allowable total heavy metal limits in recycled glass packaging.

The Toxics in Packaging Prevention Act prohibits a person from offering for sale in this state a package exceeding 100 ppm of total concentration levels of lead, cadmium, mercury, or hexavalent chromium.

However this bill, if signed into law, would increase to 200 ppm the allowable levels of total heavy metals in recycled glass packaging.

The exemption would be repealed on January 1, 2024.

Please click here for more information.

Brazil

Improvement proposal in the registration of products under INMETRO

On 2^nd September 2019, the National Institute of Metrology, Quality and Technology – INMETRO notified to World Trade Organization (WTO) their proposal Ordinance 404, 28 August 2019.

It proposes improvements in the criteria and procedures for the registration of products, inputs and services under INMETRO's regulatory scope and which compliance is compulsorily assessed. It would revoke INMETRO Ordinance 512, 11 November 2016

Click here for getting the notification through the European Commission website with reference G/TBT/N/BRA/907.

International

Upcoming dates of application

As a reminder, following you will a summary of the standards and legislation that will start applying within the next six months:

• Standards:

• 30^th November 2019 is the date of withdrawal of the European standard EN 527-2:2016+A1:2019: Office furniture - Work tables - Part 2: Safety, strength and durability requirements

This standard is an amendment of the European standard EN 527-2:2016.

• 31^st December 2019 is the date of withdrawal of the European standard EN 15939:2019: Hardware for furniture - Strength and loading capacity of wall attachment devices

This new version will replace EN 15939:2011+A1:2014.

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

• Legislations:

Manufacturers and importers should carefully consider these coming dates of application and confirm that their products comply with these restrictions:

• US: New Jersey - AB 4416 Bill (P.L. 2019, c.114) to prohibit the sale or distribution of asbestos-containing products

Brief description:

No person shall sell, offer for sale, or distribute in the State any product that contains asbestos.

As used in this section: "asbestos" means the same as the term is defined in section 3 of P.L.1984, c.173 (C.34:5A-34).

It will start applying on 1^st September 2019.

• US: California - AB-2998 Consumer products: flame retardant materials- Juvenile Products, Upholstered Furniture, and Mattresses

Brief description:

From January 1, 2020, it is prohibited to sell or distribute in California any new juvenile products, mattresses, or upholstered furniture containing covered flame retardant chemicals or a constituent component at levels above 1,000 parts per million.

On or after January 1, 2020, a custom upholsterer shall not repair, reupholster, recover, restore, or renew upholstered furniture or reupholstered furniture using replacement components that contain covered flame retardant chemicals at levels above 1,000 parts per million.

It will start applying on 1^st January 2020.

• Canada: Manitoba - Bedding and Other Upholstered or Stuffed Articles regulation - C.S.M. c. P210 - Law Label

Brief description:

Manitoba is repealing the Bedding and Other Upholstered or Stuffed Articles Regulation (“the Regulation”), effective January 1, 2020.
As of January 1, 2020, manufacturers, renovators, and home hobby/craft operators of bedding and other upholstered or stuffed articles will no longer be required to be registered in Manitoba and/or meet Manitoba’s label standards.

The Regulation remains in force until January 1, 2020 and the Consumer Protection Office will continue to administer the legislation.

It will start applying on 1^st January 2020.