Eurofins | August 2019 regulatory Newsflash compilation | Consumer Products

Europe

Standards Updates

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(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.

US | Alaska

Anchorage, Alaska Approves Flame Retardant Ban

Anchorage Assembly unanimously passed Assembly Ordinance 2019-15(S), an ordinance that amends the Anchorage Municipal Code to add a new Chapter 15.100 and a new section which prohibits certain consumer products containing flame retardant chemicals.

Beginning from 1^st  January 2020, no person shall manufacture, sell or distribute any upholstered or reupholstered furniture and juvenile products that contain, or a constituent component of which contain banned flame retardant chemicals exceeding 1,000 parts per million within the municipality including:

• Halogenated, organophosphorus, organonitrogen, or nanoscale flame retardant chemicals
• Penta or octa mixtures of polybrominated diphenyl ethers, the deca mixture of polybrominated diphenyl ethers (PBDEs), or decabromodiphenyl ether (decaBDE)
• Antimony
• Chemical listed as 'designated chemicals' under Section 105440 of the Health and Safety Code
• Chemical covered in the Washington’s list of Chemicals of High Concern to Children

The following are not covered by this prohibition:

• Used or second-hand products
• Child restraint systems under 49 CFR 571
• Electronic products, electronic components of upholstered or reupholstered furniture or juvenile products and any associated casing for those electronic products
• Children's toys and clothing

Click here for the details.

US | Rhode Island

Rhode Island Increases Flame Retardants Levels in Upholstered Bedding and Furniture

On July 8, 2019, Rhode Island’s flame retardant Bill H 5119 (“An Act relating to health and safety- upholstered furniture and child products safety”) was signed into law by increasing the maximum amount of any non-polymeric organohalogen flame retardant chemical contained in residential upholstered bedding and furniture manufactured or sold in state from 100 ppm to 1,000 ppm.

Non-polymeric organohalogen flame retardant chemical includes any bromine or chlorine bonded to carbon chemical which is added to a plastic, foam, fabric, or textile. Following are exemptions from this rule:

• Internal electric and electronic components of residential upholstered furniture.
• Bedding or residential furniture or bedding sold for use in commercial or public spaces.

This act will come into force on 1^st January 2020. The prohibition of unsafe children’s products will also apply from 1^st January 2020. Products sold or in use prior to this date are not subject to this ban.

Click here for more information.

US | California

California Proposition 65 Reformulations (July, 2019)

California Proposition 65 is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, which has been effective for almost 30 years. Due to the implement of California Proposition 65, more and more court cases are settled to reduce the exposure of carcinogenic and reproductive chemicals by reformulating the consumer products containing such chemicals.

In order to keep retailers and manufacturers up-to-date, the highlights of some recent consent agreements are summarized as below:

Canada

Manitoba’s update repeal of the bedding regulation

As already announced in our Eurofins News Flash March 2019 edition, on January 2019, the Government of Manitoba approved the revocation of the Bedding and Other Upholstered or Stuffed Articles Regulation, 78/2004.

On 14^th June 2019, the Manitoba Consumer Protection Office published a letter providing more information and clarification regarding this Regulation repeal process.

Proposal regulation for vaping products

On 21^st June 2019, the Government of Canada published a Regulatory proposal for labelling and Packaging of vaping products. The main points are:

• List of ingredients in the label
• Vaping products with nicotine would be required to display a standardized nicotine concentration statement and a health warning about the addictiveness of nicotine
• Child-resistant containers and a toxicity warning

Click here for more information.

Proposal of Formaldehyde Emissions from Composite Wood Products Regulations

On 29^th June 2019, Canada published proposed Regulations for Formaldehyde Emissions from Composite Wood Products for indoor use which would align with similar requirements in the United States.

The proposed Regulations would establish the following maximum emission levels for formaldehyde emissions from composite wood products, the same limits as those in the U.S. regulations:

• 0.05 parts per million (ppm) for hardwood plywood
• 0.09 ppm for particleboard
• 0.11 ppm for medium-density fibreboard
• 0.13 ppm for thin medium-density fibreboard
• 0.05 ppm for laminated products

Non-exempted composite wood products sold in, offered for sale in or imported into Canada, must be tested to ensure that they meet the above emission limits and are labelled as meeting the requirements.

This proposal would come into force six months after publication of the final Regulations in the Canada Gazette, Part II.

Click here for more information.

International

Regulatory updates

Below a summary table with some recent regulation proposals notified to World Trade Organization: