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Media Centre >> News >> Regulatory updates 07-2023

Consumer Products | Monthly bulletin | July 2023

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Chemical  |  Cosmetics & Personal Care  |  Softlines & Leather  |  Toys, Childcare & Hardlines  

 

 

Chemical


 

 

 

Europe

 

New update to Candidate List of Substances of Very High Concern (SVHCs)

 

On 14th June 2023, the ECHA (European Chemicals Agency) released the new Candidate List of SVHCs. With the addition of two new substances, the current list of SVHCs now contains 235 substances.

 

Please see below a table indicating the latest substances added to the list:

 

Substance name

EC number

CAS number

Reason for inclusion

Examples of use(s)

1

Diphenyl(2,4,6-trimethylbenzoyl)phosphine oxide

278-355-8

75980-60-8

Toxic for reproduction (Article 57c)

Inks and toners, coating products, photo-chemicals, polymers, adhesives and sealants and fillers, putties, plasters, modelling clay.

2

Bis(4-chlorophenyl) sulphone

201-247-9

80-07-9

vPvB
(Article 57 e)

Manufacturing chemicals, plastic products and rubber products.

 

Legal obligations for companies using substances of very high concern (SVHC) include:

 

  • Suppliers provide customers and consumers with enough information to allow for the safe use of products that contain an SVHC above a concentration of 0.1 % weight by weight (w/w)
  • Importers and producers of these products must notify the ECHA if their article contains SVHC substances above a concentration of 0.1% w/w and the substance is present in these products in quantities totalling over one tonne per producer or per importer per year. Notifications have to be submitted within six months from the date that the substance was added to the list of SVHC.
  • Suppliers of substances on the Candidate List, supplied either on their own or in mixtures, must provide their customers with a safety data sheet.
  • Under the Waste Framework Directive (Directive 2008/98/EC on waste- WFD), any supplier of an article containing SVHC in a concentration above 0.1% w/w on the EU market is required to submit an SCIP Notification for that article to the ECHA, as of 5 January 2021. SCIP is the database holding information on Substances of Concern in articles, as such or in complex objects (products), established under the WFD. The SCIP database complements the existing notification obligations for Candidate List substances in articles subject to REACH regulation and its related communication through the supply chain, according to Articles 7 (2) and 33 respectively.

Click here to refer to the official list on the ECHA’s website.

 

REACH-EN-FORCE (REF)-13 project: products sold online

 

On 20th June 2023, the European Chemical Agency (ECHA) announced the REACH-EN-FORCE (REF)-13 project.

 

REACH-EN-FORCE (REF) projects aim to harmonise the enforcement of REACH, CLP and PIC regulations in each Member State and monitor compliance.

 

In this case, REF-13 will focus on products sold online. Inspections will take place in 2025 to check that consumer products comply with the aforementioned legislation, but inspectors may also check compliance with restrictions under the Persistent Organic Pollutants (POPs) Regulation, the Restriction of Hazardous Substances (RoHS) Directive, and Toys Safety Directive. Inspections will be guided by rules governing online sales, such as the Digital Services Act and General Product Safety Regulation.

 

The REF-13 project will be prepared in 2024, with inspections planned for 2025 and reports expected to be published in 2026.

 

For more information, please consult the ECHA’s website here.

 

Further recent updates regarding REACH Regulation

 

The following table provides a non-exhaustive summary of some recent updates regarding REACH Regulation (EC) No 1907/2006:

 

Summary of the most recent updates

Date

Subject

Link

12/06/2023

REACH Study Results

The REACH Study Results have been updated, with 278 new substances having been added since August 2022. It contains non-confidential substance data submitted to ECHA under REACH regulation.

More information on IUCLID’s website here.

16/09/2023

Publication of Guidance on the implementation of the Commission Recommendation 2022/C 229/01 on the definition of nanomaterial by JRC publications repository.

More information on JRC’s website here.

 

Other interesting links about REACH from the ECHA’s website

 

 

Other interesting links about CLP on the ECHA’s website

 

 

Listing new substances in Annex A of POP Regulation

 

On 24 May 2023, European Commission published the Council Decision (EU) 2023/1006 on the position to be taken on behalf of the European Union at the eleventh meeting of the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants as regards the proposals for amendment of Annex A to that Convention.

 

The Union's position is to support the following substances being listed in the Annex A with the specific exemptions recommended by the POPRC:

 

  • Dechlorane plus
  • Methoxychlor
  • UV-328

The decision shall enter into force on the date of its adoption.

 

PFHxS added as new substance to the POP list

 

On 30 May 2023, The European Commission adopted the final version of the amendment related to Annex I of Regulation (EU) 2019/1021 on Persistent Organic Pollutants.

 

This amendment shall add the substance Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS related compounds to Part A of Annex I to Regulation (EU) 2019/1021.

 

The specific exemptions regarding intermediate use or other specifications are as follows:

 

Where they are present in substances, mixtures or articles.

1. Concentrations of PFHxS or any of its salts equal to or below 0.025 mg/kg (0.0000025 % by weight)

2. The sum of concentrations of all PFHxS-related compounds equal to or below 1 mg/kg (0.0001 % by weight).

Where it is present in concentrated firefighting foam mixtures that are to be used or are used in the production of other firefighting foam mixtures.

3.Concentrations of PFHxS, its salts and PFHxS-related compounds equal to or below 0,1 mg/kg (0,00001 % by weight).

Note: the application date will be 3 years after entry into force of this amending Regulation.

 

The amendment is expected to be published in the Official Journal of the European Union and this way to have application date.

 

For more information, please consult the European published initiative here.

 

US

 

Minnesota approves PFAS and heavy metals regulation on various consumer products

 

On May 24, 2023, the State of Minnesota signed Bill HF 2310 into law to regulate Perfluoroalkyl and polyfluoroalkyl substances (PFAS), lead, and cadmium in various consumer products. The new law also contains a notification requirement for products containing intentionally added PFAS.

 

Under the new law, PFAS is defined as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

 

Please see Table 1 below for a summary of HF 2310.

 

Table 1:

 

Chemical(s)

Scope

Requirement

Effective Date

Lead and Cadmium

Jewelry

Lead ≤ 90 ppm

Cadmium ≤ 75 ppm

August 1, 2023

Toys

Cosmetics and personal care products

Puzzles, board games, card games, and similar games

Play sets and play structures

Outdoor games

School supplies

Pots and pans

Cups, bowls, and other food containers

Craft supplies and jewelry-making supplies

Chalk, crayons, paints, and other art supplies

Fidget spinners

Costumes, costume accessories, and children’s and seasonal party supplies

Keys, key chains, and key rings

Clothing, footwear, headwear, and accessories

PFAS

Carpets or rugs

Prohibited if intentionally added PFAS

January 1, 2025

Cleaning products

Cookware

Cosmetics

Dental floss

Fabric treatments

Juvenile products*

Menstruation products

Textile furnishings

Ski wax

Upholstered furniture

PFAS

All products

Notification if intentionally added PFAS

January 1, 2026

PFAS

All products

Prohibited if intentionally added PFAS

January 1, 2032

 

Washington adopts new restriction and reporting rule under safer products program

 

The Safer Products Program for the State of Washington implements the Toxic Pollution law (Chapter 70A.350 RCW), which was signed in 2019 to create a pathway to keep toxic chemicals out of the environment. Under the Safer Products Program, there is a four phase implementation process to:

 

  • Designate priority chemicals;
  • Identify consumer products that contain these chemicals;
  • Decide whether to regulate those chemical-product combinations by requiring reporting or chemical restrictions; and
  • Adopt rules to implement those regulatory actions.

On May 31, 2023, the State of Washington adopted Chapter 173-337 WAC – Safer Products Restrictions and Reporting to require manufacturers to restrict or report:

 

  • PFAS in aftermarket stain- and water-resistance treatments, carpets and rugs, and leather and textile furnishings;
  • Ortho-phthalates in vinyl flooring and in personal care product fragrances;
  • Organohalogen flame retardants in electric and electronic products;
  • Flame retardants in recreational polyurethane foam; and
  • Phenolic compounds in laundry detergent, food and drink can linings, and thermal paper.

Please see Table 1 below for a summary of the requirements under the new rule.

 

Table 1:

 

Chemical(s)

Scope

Requirement

Effective Date

PFAS

Aftermarket stain- and water-resistance treatments

Prohibited if intentionally added

January 1, 2025

Carpets and rugs

Prohibited if intentionally added

January 1, 2025

Leather and textile furniture and furnishings for indoor use

Prohibited if intentionally added

January 1, 2026

Leather and textile furniture and furnishings for outdoor use

Prohibited if intentionally added

January 1, 2024

Ortho-phthalates

Fragrances in beauty and personal care products

Prohibited if intentionally added as a solvent or fixative for fragrance ingredients

January 1, 2025

Vinyl flooring

≤ 1000 ppm, individually or combined

January 1, 2025

Flame retardants

Electric and electronic products with plastic external enclosures, intended for indoor use – electronic displays and TVs

Prohibited if intentionally added organohalogen flame retardants

January 1, 2025

Electric and electronic products with plastic external enclosures, intended for indoor use – Large business, products other than electronic displays and TVs

Prohibited if intentionally added organohalogen flame retardants

January 1, 2027

Electric and electronic products with plastic external enclosures, intended for indoor use – Small businesses, products other than electronic displays and TVs

Prohibited if intentionally added organohalogen flame retardants

January 1, 2028

Electric and electronic products with plastic external enclosures, intended for outdoor use –

Reporting if intentionally added organohalogen flame retardants

January 1, 2024

Recreational covered wall padding made from polyurethane foam.

Reporting if intentionally added organohalogen flame retardants, EHDPP, IPTPP, TNBP, TCP, TPP

January 1, 2024

Other recreational products made from polyurethane foam

Prohibited if intentionally added organohalogen flame retardants, EHDPP, IPTPP, TNBP, TCP, TPP

January 1, 2025

Alkylphenol ethoxylates

Laundry detergent

≤ 1000 ppm, individually or combined

January 1, 2025

Bisphenols

Drink cans

Prohibited if it contains bisphenol-based epoxy can liner, excluding TMBPF-based epoxy can liners

January 1, 2025

Food cans

Reporting if it contains bisphenol-based epoxy can liner, excluding TMBPF-based epoxy can liners

January 1, 2024

Thermal paper

Prohibited if intentionally added bisphenols

January 1, 2026

 

Maine amends PFAS Reporting Law

 

On June 8, 2023, the State of Maine approved Bill HP 138 – LD 217 to amend the PFAS reporting law, Public Law c. 477 – An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution.

 

Under the amendment, the following changes were made to the original PFAS reporting requirements:

 

  • Changes reporting date deadline to January 1, 2025 (from January 1, 2023)
  • Includes additional reporting information:
    • An estimate of the total number of units of the product sold annually in the state or nationally
    • The amount of total organic fluorine in the product if the amount of each PFAS compound is not known
  • Exempts manufacturers that employ 25 or fewer people
  • Exempts used products or used product components
  • Clarifies packaging exemption

 

China

 

China releases announcement on five POPs substances restricted update

 

The Standing Committee of the 13th National People's Congress has deliberated and approved an amendment to the Stockholm Convention on Persistent Organic Pollutants. With the amendment, the convention now lists three persistent organic pollutants including Polychlorinated Naphthalenes and Short Chain Chlorinated Paraffins (hereinafter collectively referred to as the “Amendments”). The Amendment has been in force in China since June 6, 2023.

 

The Amendment dictates the phase-out period or restriction of five POPs:

 

No

Persistent Organic Pollutant Name

CAS No.

China Customs Statistical Commodity Catalog

1

Hexachlorobuta-1,3-diene

87-68-3

2903299020

2

Pentachlorophenol and its salts and esters

87-86-5

131-52-2

27735-64-4

3772-94-9

1825-21-4

2908110000

2908199023

2908199024

2915900014

2909309017

3

Polychlorinated naphthalenes, including dichloronaphthalene, trichloronaphthalene, tetrachloronaphthalene, pentachloronaphthalene, hexachloronaphthalene, heptachloronaphthalene, octachloronaphthalene

-

2903999050

4

Decabromodiphenyl ether (decaBDE)

1163-19-5

2909309018

5

Short-chain chlorinated paraffin (SCCP)

For example:

85535-84-8

68920-70-7

71011-12-6

85536-22-7

85681-73-8

108171-26-2

3824890000

 

Note: Short-chain chlorinated paraffin refer to straight-chain chlorinated hydrocarbons with a chain length of C10 to C13, whereby the chlorine content exceeds 48% by weight, and its concentration in the mixture is greater than or equal to 1% by weight.

 

The specific matters concerning the restriction and control of the above five types of persistent organic pollutants are hereby announced as follows:

 

  1. The production, use, importation and exportation of hexachlorobutadiene, polychlorinaphthalene, pentachlorophenol and their salts and esters are prohibited.
  2. The production, use, importation and exportation of DecaBDE is prohibited (except for the following uses).

(1) Textile products that need to have flame retardant characteristics (excluding clothing and toys).

(2) Additives for plastic shells and components used in household heating appliances, irons, fans, immersion heaters, containing or directly contacting electrical parts, or which need to comply with flame retardant standards, where the density is less than 10% by weight of the parts.

(3) Polyurethane foam for building insulation.

The exemption period for the above three types of uses ends on 31 December 2023.

  1. The production, use, importation and exportation of SCCPs (except for the following uses) is prohibited.

(1) Additives used in the production of conveyor belts in the natural and synthetic rubber industry.

(2) Spare parts for rubber conveyor belts used in mining and forestry.

(3) The leather industry, fattening leather.

(4) Lubricant additives, engines for automobiles, generators and wind energy facilities, as well as refineries for oil and gas exploration drilling and diesel production.

(5) Outdoor decorative lamps.

(6) Waterproof and fuel-retardant paint.

(7) Adhesives

(8) Metal processing.

(9) The second plasticiser of flexible polyvinyl chloride (but shall not be used in the processing of toys and children's products).

The exemption period for the above nine types of uses ends on 31 December 2023.

  1. Enterprises, public institutions and other producers and operators that emit hexachlorobutadiene and polychlorinene shall take effective measures to effectively reduce emissions or eliminate emission sources. Encourage the development and application of alternative technologies to prevent the formation and release of hexachlorobutadiene, polychlorinene and naphthalene.
  2. Unless otherwise specified, the above requirements for prohibition or restriction of production, use, importation and exportation does not apply to chemical substances used in laboratory-scale research or as reference standards, nor to chemical substances appearing as unintentional trace contaminants in products and articles.
  3. Departments of ecology and environment, industry and informatisation, housing and urban-rural construction, agriculture and rural areas, commerce, emergency management, market supervision and management, disease prevention and control, and customs, shall, in accordance with the relevant national laws and regulations, strengthen the supervision and management of the production, use, importation and exportation of the above five types of persistent organic pollutants. If violations of the announcement are discovered, they will be seriously investigated and dealt with in accordance with the law.
  4. This announcement came into effect on June 6, 2023.

 

Hong Kong

 

Hong Kong has modified the Hazardous Chemicals Control Ordinance schedules

 

Following the National People's Congress deliberating and approving the Amendment to the Stockholm Convention on Persistent Organic Pollutants to List, the Hong Kong Environment and Ecology modified the Hazardous Chemicals Control Ordinance schedules 1 and 2.

 

Schedule 1 has been amended, to include an additional four hazardous substance and list after item 7, part 1 schedule 1:

Items

Hazardous substance

CAS Number

8

Hexachlorobutadiene

87-68-3

9

Polychlorinated naphthalenes, including:

(a)       dichlorinated naphthalenes

(b)       trichlorinated naphthalenes

(c)       tetrachlorinated naphthalenes

(d)       pentachlorinated naphthalenes

(e)       hexachlorinated naphthalenes

(f)        heptachlorinated naphthalenes

(g)       octachlorinated naphthalenes

/

10

Decabromodiphenyl ether

1163-19-5

11

Short-chain chlorinated paraffins (Alkanes, C10-13, chloro): straight-chain chlorinated hydrocarbons with chain lengths ranging from C10 to C13 and a content of chlorine greater than 48% by weight

For example, the substances with the following CAS registry numbers may contain short-chain chlorinated paraffins:

(a)       85535-84-8

(b)       68920-70-7

(c)       71011-12-6

(d)       85536-22-7

(e)       85681-73-8

(f)        108171-26-2

/

 

Schedule 2 has been amended to include an additional, item 10:

 

Items

Hazardous substance

CAS Number

10

Perfluorooctanoic acid, its salts and related compounds:

(a)       Perfluorooctanoic acid (PFOA)

(b)       Salts of perfluorooctanoic acid

(c)       Related compounds of perfluorooctanoic acid

335-67-1

 

The Hazardous Chemicals Control Ordinance (Cap.595) regulates the manufacture, exportation, importation and use of certain hazardous chemicals. These chemicals are specified in Schedules 1 and 2 of the Ordinance, and include those subject to the regulation of the Stockholm Convention on Persistent Organic Pollutants (Stockholm Convention) and those subject to the regulation of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention).

 

Sustainability, environmental and circular economy

 

Miscellaneous technical publications relating to environmental, plastics, packaging and waste

 

The table below summarises the most recent publications regarding the environment, circular economy and sustainability (non-exhaustive):

 

Entity

Date

Publication

Ministry for the Ecological Transition and the Demographic Challenge (MITECO)

(Spain)

07/05/2023

The first list of packaging producers (ERP), according to Royal Decree 1055/2022, of 27 December on packaging and packaging waste, has been available on the ministry's website since 07 May, and will be updated periodically.

 

The purpose of this registry is to collect data on the introduction of packaging into the market.

 

Therefore, since 01 January 2023, the producers of products that introduce containers in the Spanish market, whether for domestic, commercial or industrial use, have been obliged to register and declare said containers in the Register of Product Producers.

 

Therefore, it is importance that you verify if your registration has been completed correctly and/or your suppliers are also registered.

UK’s Department for Environment, Food & Rural Affairs

23/05/2023

Single-use plastics ban guidance was published with the aim to aid compliance with the single-use plastic bans that will enter in force 01 October 2023.

 

The ban on these types of items, such as plates, bowls, trays, containers, cutlery and balloon sticks, will apply to:

 

  • Online and over-the-counter sales and supply
  • Items from new and existing stock
  • All types of single-use plastic, including biodegradable, compostable and recycled
  • Items wholly or partly made from plastic, including coating or lining

Note: ‘Single use’ means an item is intended to be used only once for its original purpose.

Council of the European Union

07/06/2023

The Council agreed on a negotiating mandate related to a proposal for regulation on the reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal.

 

The proposal aims to upgrade the existing European Pollutant Release and Transfer Register (E-PRTR) in order to establish a more comprehensive and integrated industrial emissions portal.

 

The Council and Parliament will start negotiations to agree on the final shape of the legislation. The outcome of the negotiations will then need to be formally adopted by both institutions.

European Commission

08/06/2023

The published initiative:

 

Waste management - early warning report

 

was adopted by the European Commission.

European Commission

14/06/2023

The published initiative is in the process of being drafted: Wildlife trade – alignment of EU rules with recent decisions taken under the CITES convention on wildlife trade

 

This initiative will align EU legislation with the 19th meeting of the Conference of the Parties (CoP) relevant decisions.

Council of the European Union

16/06/2023

A background brief about the Environmental Council meeting which took place in Luxembourg on 20 June 2023.

 

EU environment ministers will seek and debate:

 

  • a general approach on a proposal for a nature restoration regulation.
  • a proposal for a regulation on CO2 emission standards for new heavy-duty vehicles.
  • a proposal for a directive on air quality.

Spain will present its work programme as incoming Presidency.

 

 

Top ▲

Cosmetics & Personal Care


 

 

 

Upgrading your raw materials to meet new challenges of the cosmetics market

 

As the cosmetics market is changing fast, consumers are increasingly attracted to cosmetic products based on natural and organic raw materials. Furthermore, the emergence of new and therefore unknown raw materials is forcing raw material suppliers to be ever more vigilant in ensuring the safety and efficacy of their products.

 

Our teams of experts can support and advise you through the various stages of safety assessment and proof of efficacy for raw materials and ingredients, including:

 

  • Regulatory & toxicology: raw material regulatory files, international compliance, support on pre-evaluation, safety evaluation, selecting necessary tests, raw material equivalence;
  • Physico-chemical analyses (heavy metals, allergens, pesticides, PFAS, impurity, etc.);
  • Microbiological testing (counting and identification)
  • Ecotoxicity, biodegradability testing
  • In vitro safety tests (skin irritation or mucous membrane, eye irritation, mutagenicity, genotoxicity, transcutaneous/percutaneous passage, endocrine disruptors), in vitro efficacy tests (models developed in-house to meet current claims);
  • Ex vivo testing (models developed in-house to meet current claims);
  • Cosmetogenomics to identify new markers of interest;
  • Clinical testing;
  • Sensory & emotion evaluation.

 

Eurofins Cosmetics & Personal Care can draw on a strong network of laboratories to ensure that your raw materials are safe for end-users, and will enable you to make accurate claims in line with current trends on the market, such as skin regeneration, anti-aging, skin longevity, high sensoriality, and more.

Learn more

 

Ensure the sustainability of your cosmetic products

 

In recent years, consumers have become more conscientious and have a greater understanding and sense of responsibility when it comes to purchasing products which not only work and are good for their skin but are also ethical and environmentally friendly. This impacts several product categories and has inspired scientific breakthroughs and innovation.

 

Brands have to face new regulations and sustainability challenges, which entails new marketing claims. To make this possible, the Eurofins Cosmetics & Personal Care network of companies supports customers to work in a more sustainable way.

 

  • Environmental impact: ecotoxicity & biodegradability testing, compostability testing, microplastics testing, recycled packaging, product life cycle analysis, carbon footprint, authenticity and traceability of raw materials, wastewater testing, water saving protocols and rinsability testing, PFAS, nanoparticules, microparticles, etc.
  • Refillable solution: procedures for workers in shops and training, cleaning protocols, reusable packaging testing, “mystery” client audits and quality audits, quality control in shops
  • Vegan offer: toxicology and regulatory assessment, animal DNA analysis, on-site audit, declarations of conformity / labelling

 

Learn more

 

Follow the emerging trends of the global aesthetic industry

 

The global aesthetic industry is experiencing strong growth and is predicted to grow even further, as interest is increasing in new approaches to aesthetic dermatology. Emerging trends include new scientifically based cosmeceutical skin care products, invasive and non-invasive, physical, chemical and pharmacological treatment options, and holistic solutions that combine various methods and treatments.

 

Regulatory bodies all over the world have begun to implement new regulatory framework for a clearer definition and evaluation of safety and efficacy parameters, at the same time aiming to fight malpractice and the uncontrolled use of aesthetic procedures. This has significantly increased the need for clinical trials in this field.

 

Eurofins Cosmetics & Personal Care has strong experience in the management of aesthetic studies with medical devices, as well as with injectables, laser treatments, and more. With our established network of dermatological experts and key thought leaders in the aesthetic field, we provide expertise in conducting Phase I to IV studies for pharmaceuticals, as well as investigations within the scope of conformity assessments and post-market clinical follow-ups (EU MDR) for medical devices.

 

 

Top ▲

Softlines & Leather


 

 

 

Europe

 

New update to Candidate List of Substances of Very High Concern (SVHCs)

 

On 14th June 2023, the ECHA (European Chemicals Agency) released the new Candidate List of SVHCs. With the addition of two new substances, the current list of SVHCs now contains 235 substances.

 

Please see below a table indicating the latest substances added to the list:

 

Substance name

EC number

CAS number

Reason for inclusion

Examples of use(s)

1

Diphenyl(2,4,6-trimethylbenzoyl)phosphine oxide

278-355-8

75980-60-8

Toxic for reproduction (Article 57c)

Inks and toners, coating products, photo-chemicals, polymers, adhesives and sealants and fillers, putties, plasters, modelling clay.  

2

Bis(4-chlorophenyl) sulphone

201-247-9

80-07-9

vPvB
(Article 57 e)

Manufacturing chemicals, plastic products and rubber products.

 

Legal obligations for companies using substances of very high concern (SVHC) include:

 

  • Suppliers provide customers and consumers with enough information to allow for the safe use of products that contain an SVHC above a concentration of 0.1 % weight by weight (w/w).
  • Importers and producers of these products must notify the ECHA if their article contains SVHC substances above a concentration of 0.1% w/w and the substance is present in these products in quantities totalling over one tonne per producer or per importer per year. Notifications have to be submitted within six months from the date that the substance was added to the list of SVHCs.
  • Suppliers of substances on the Candidate List, supplied either on their own or in mixtures, must provide their customers with a safety data sheet.
  • Under the Waste Framework Directive (Directive 2008/98/EC on waste- WFD), any supplier of an article containing an SVHC in a concentration above 0.1% w/w on the EU market is required to submit an SCIP Notification for that article to the ECHA, as of 5 January 2021. SCIP is the database holding information on Substances of Concern in articles, as such or in complex objects (products), established under the WFD. The SCIP database complements the existing notification obligations for Candidate List substances in articles subject to REACH regulation and its related communication through the supply chain, according to Articles 7 (2) and 33 respectively.

Click here to refer to the official list on the ECHA’s website.

 

Standard updates

 

The below table summarises 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.

 

(**) 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

EN ISO 18218-1:2023

Leather - Determination of ethoxylated alkylphenols (APEO) - Part 1: Direct method (ISO 18218-1:2023)

2023/12/31

EN ISO 18218-1:2015

EN ISO 4484-3:2023

Textiles and textile products - Microplastics from textile sources - Part 3: Measurement of collected material mass released from textile end products by domestic washing method (ISO 4484-3:2023)

2023/11/30

 

EN ISO 23702-1:2023

Leather - Per- and polyfluoroalkyl substances - Part 1: Determination of non-volatile compounds by extraction method using liquid chromatography (ISO 23702-1:2023)

2023/12/31

EN ISO 23702-1:2018

Reference

Title

Date of Availability (**)

Supersedes

CEN/TR 17945:2023

Textiles and textile products - Textiles with integrated electronics and ICT - Definitions, categorisation, applications and standardisation needs

2023/05/31

 

 

US

 

Washington adopts new restriction and reporting rule under safer products program

 

The Safer Products Program for the State of Washington implements the Toxic Pollution law (Chapter 70A.350 RCW), which was signed in 2019 to create a pathway to keep toxic chemicals out of the environment. Under the Safer Products Program, there is a four phase implementation process to:

 

  • Designate priority chemicals;
  • Identify consumer products that contain these chemicals;
  • Decide whether to regulate those chemical-product combinations by requiring reporting or chemical restrictions; and
  • Adopt rules to implement those regulatory actions.

On May 31, 2023, the State of Washington adopted Chapter 173-337 WAC – Safer Products Restrictions and Reporting to require manufacturers to restrict or report:

 

  • PFAS in aftermarket stain- and water-resistance treatments, carpets and rugs, and leather and textile furnishings;
  • Ortho-phthalates in vinyl flooring and in personal care product fragrances;
  • Organohalogen flame retardants in electric and electronic products;
  • Flame retardants in recreational polyurethane foam; and
  • Phenolic compounds in laundry detergent, food and drink can linings, and thermal paper.

Please see the following table for a summary of the requirements for textile items under the new rule.

 

Chemical(s)

Scope

Requirement

Effective Date

PFAS

Aftermarket stain- and water-resistance treatments

Prohibited if intentionally added

January 1, 2025

Carpets and rugs

Prohibited if intentionally added

January 1, 2025

Leather and textile furniture and furnishings for indoor use

Prohibited if intentionally added

January 1, 2026

Leather and textile furniture and furnishings for outdoor use

Prohibited if intentionally added

January 1, 2024

 

 

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Toys, Childcare & Hardlines


 

 

 

Europe

 

Harmonised standard for plastic caps and beverage container lids for single-use plastics

 

On 1 June 2023, the European Commission published the Commission Implementing Decision (EU) 2023/1060 of 30 May 2023 on a harmonised standard for test methods and requirements to demonstrate that plastic caps and lids remain attached to beverage containers drafted in support of Directive (EU) 2019/904 from the European Parliament and of the Council.

 

This implementing decision prescribes the following as a harmonised standard:

 

EN 17665:2022+A1:2023 -  Packaging – Test methods and requirements to demonstrate that plastic caps and lids remain attached to beverage containers.

 

This decision entered into force on 2 June 2023.

 

Standard updates

 

The below table summarises 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.

 

(**) 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

EN 1466:2023

Child care articles - Carry cots and stands for domestic use - Safety requirements and test methods

2024-06-30

EN 1466:2014/AC:2015
EN 1466:2014

EN 1729-2:2023

Furniture - Chairs and tables for educational institutions - Part 2: Safety requirements and test methods

2023-11-30

EN 1729-2:2012+A1:2015

EN ISO 12625-12:2023

Tissue paper and tissue products - Part 12: Determination of tensile strength of perforated lines and calculation of perforation efficiency (ISO 12625-12:2023)

2023-11-30

EN ISO 12625-12:2010

EN ISO 4624:2023

Paints and varnishes - Pull-off test for adhesion (ISO 4624:2023)

2023-12-31

EN ISO 4624:2016

EN 927-5:2023

Paints and varnishes - Coating materials and coating systems for exterior wood - Part 5: Assessment of the liquid water permeability

2023-12-31

EN 927-5:2006

EN ISO 1247-1:2023

Aluminium pigments for paints - Part 1: General aluminium pigments (ISO 1247-1:2021)

2023-12-31

 

EN ISO 1247-2:2023

Aluminium pigments for paints - Part 2: Vacuum metallized aluminium pigments (ISO 1247-2:2021)

2023-12-31

 

 

France

 

Updated standards for folding seats

 

On 10 May 2023, French authorities published the an opinion on the application of Decree No. 99-777 of September 9, 1999 relating to the prevention of risks associated with the use of folding deckchair, transatlantic and stroller chairs.

 

Decree No. 99-777 defines the safety requirements applicable to folding seats of the Chilean, transatlantic and stroller chairs. This opinion includes, in the appendix, a list of references of standards for which compliance therewith implies conformity with the safety requirements of the decree.

 

This notice cancels and replaces the notice with the same purpose published in the Official Journal of the French Republic of February 5, 2016.

 

The reference which appear in the Annex are as follows:

 

Reference

Title

Note

NF EN 581-1

(june 2006)

Outdoor furniture - Seats and tables for domestic, collective and camping use - Part 1: general safety requirements

Deckchairs for adults meeting the definition of article 2 of the decree and able to occupy one or more predefined positions by means of a crutch

NF D 61-062+A1 (December 2019)

Outdoor furniture - “Chilean type” adjustable seats - General safety requirements - Mechanical tests and specifications

EN 581-1

(June 2006)

Outdoor furniture - Seats and tables for domestic, collective and camping use - Part 1: general safety requirements

Other deckchairs for adults meeting the definition of article 2 of the decree

EN 581-2

(January 2016)

Outdoor furniture - Seats and tables for domestic use,

collective and camping - Part 2: safety, strength and durability requirements for seats

EN 17191

(July 2021)

Childcare and children's furniture -

Child seats - Safety requirements

and test methods

Deck chairs designed for use by children

 

Products that comply with the standards whose references were published in the Official Journal of the French Republic by the notice of February 5, 2016 may be placed on the market within a period of one year from the publication of this notice and marketed while stocks last.

 

Relevant publication related to ERP and Environmental Code

 

The latest publications in relation to Extended Producer Responsibility (ERP) and Environmental Code are summarised in the table below:

 

Date

Publication

01/04/2023

Decree No. 2023-237 of March 31, 2023 amending Decree No. 2022-1565 of December 14, 2022 relating to the conditions and methods of application of IV of Article L. 541-15-10 of the Environment Code.

 

Concerns professionals, sellers of goods, service providers, and consumers.

 

The decree postpones the date of entry into force of the ban on the systematic printing and distribution of receipts to August 1, 2023.

25/04/2023

LAW No. 2023-305 of April 24, 2023 merging the extended responsibilities of household packaging producers and paper producers (1).

25/05/2023

Directorate General for Competition, Consumer Affairs and Fraud Prevention published Practical Guide to Environmental Claims with the aim to aid understanding of the environmental claims most commonly found on products and complying with relevant legislation.

 

Turkey

 

Publication of Turkish mandatory standards list

 

On 11 May 2023, the Turkish Ministry of Industry and Technology published the notice No. SGM 2022/40 (32187). This notice aims to determine the procedures and principles regarding the Turkish Standards for products put into compulsory application.

 

Those who manufacture and market products covered by the Turkish standards (see Annex-1), are obliged to comply with the provisions of this Notice. For example:

 

TS EN 14350/November 2020 - Child care articles - Drinking equipment - Safety requirements and test methods.

 

It is presumed that the products legally available on the market of a member country of the European Union comply with the standards established in this notice.

 

The notice will enter into force on 11 November 2023.

 

US

 

Minnesota Approves PFAS and Heavy Metals Regulation on Various Consumer Products

 

On May 24, 2023, the State of Minnesota signed Bill HF 2310 into law to regulate Perfluoroalkyl and polyfluoroalkyl substances (PFAS), lead, and cadmium in various consumer products.  The new law also contains a notification requirement for products containing intentionally added PFAS.

 

Under the new law, PFAS is defined as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

 

Please see Table 1 below for a summary of HF 2310.

 

Table 1:

 

Chemical(s)

Scope

Requirement

Effective Date

Lead and Cadmium

Jewelry

Lead ≤ 90 ppm

Cadmium ≤ 75 ppm

August 1, 2023

Toys

Cosmetics and personal care products

Puzzles, board games, card games, and similar games

Play sets and play structures

Outdoor games

School supplies

Pots and pans

Cups, bowls, and other food containers

Craft supplies and jewelry-making supplies

Chalk, crayons, paints, and other art supplies

Fidget spinners

Costumes, costume accessories, and children’s and seasonal party supplies

Keys, key chains, and key rings

Clothing, footwear, headwear, and accessories

PFAS

Carpets or rugs

Prohibited if intentionally added PFAS

January 1, 2025

Cleaning products

Cookware

Cosmetics

Dental floss

Fabric treatments

Juvenile products*

Menstruation products

Textile furnishings

Ski wax

Upholstered furniture

PFAS

All products

Notification if intentionally added PFAS

January 1, 2026

PFAS

All products

Prohibited if intentionally added PFAS

January 1, 2032

 

Washington Adopts New Restriction and Reporting Rule under Safer Products Program

 

The Safer Products Program for the State of Washington implements the Toxic Pollution law (Chapter 70A.350 RCW), which was signed in 2019 to create a pathway to keep toxic chemicals out of the environment. Under the Safer Products Program, there is a four phase implementation process to:

 

  • Designate priority chemicals;
  • Identify consumer products that contain these chemicals;
  • Decide whether to regulate those chemical-product combinations by requiring reporting or chemical restrictions; and
  • Adopt rules to implement those regulatory actions.

On May 31, 2023, the State of Washington adopted Chapter 173-337 WAC – Safer Products Restrictions and Reporting to require manufacturers to restrict or report:

 

  • PFAS in aftermarket stain- and water-resistance treatments, carpets and rugs, and leather and textile furnishings;
  • Ortho-phthalates in vinyl flooring and in personal care product fragrances;
  • Organohalogen flame retardants in electric and electronic products;
  • Flame retardants in recreational polyurethane foam; and
  • Phenolic compounds in laundry detergent, food and drink can linings, and thermal paper.

Please see Table 1 below for a summary of the requirements under the new rule.

 

Table 1:

 

Chemical(s)

Scope

Requirement

Effective Date

PFAS

Aftermarket stain- and water-resistance treatments

Prohibited if intentionally added

January 1, 2025

Carpets and rugs

Prohibited if intentionally added

January 1, 2025

Leather and textile furniture and furnishings for indoor use

Prohibited if intentionally added

January 1, 2026

Leather and textile furniture and furnishings for outdoor use

Prohibited if intentionally added

January 1, 2024

Ortho-phthalates

Fragrances in beauty and personal care products

Prohibited if intentionally added as a solvent or fixative for fragrance ingredients

January 1, 2025

Vinyl flooring

≤ 1000 ppm, individually or combined

January 1, 2025

Flame retardants

Electric and electronic products with plastic external enclosures, intended for indoor use – electronic displays and TVs

Prohibited if intentionally added organohalogen flame retardants

January 1, 2025

Electric and electronic products with plastic external enclosures, intended for indoor use – Large business, products other than electronic displays and TVs

Prohibited if intentionally added organohalogen flame retardants

January 1, 2027

Electric and electronic products with plastic external enclosures, intended for indoor use – Small businesses, products other than electronic displays and TVs

Prohibited if intentionally added organohalogen flame retardants

January 1, 2028

Electric and electronic products with plastic external enclosures, intended for outdoor use –

Reporting if intentionally added organohalogen flame retardants

January 1, 2024

Recreational covered wall padding made from polyurethane foam.

Reporting if intentionally added organohalogen flame retardants, EHDPP, IPTPP, TNBP, TCP, TPP

January 1, 2024

Other recreational products made from polyurethane foam

Prohibited if intentionally added organohalogen flame retardants, EHDPP, IPTPP, TNBP, TCP, TPP

January 1, 2025

Alkylphenol ethoxylates

Laundry detergent

≤ 1000 ppm, individually or combined

January 1, 2025

Bisphenols

Drink cans

Prohibited if it contains bisphenol-based epoxy can liner, excluding TMBPF-based epoxy can liners

January 1, 2025

Food cans

Reporting if it contains bisphenol-based epoxy can liner, excluding TMBPF-based epoxy can liners

January 1, 2024

Thermal paper

Prohibited if intentionally added bisphenols

January 1, 2026

 

Maine Amends PFAS Reporting Law

 

On June 8, 2023, the State of Maine approved Bill HP 138 – LD 217 to amend the PFAS reporting law, Public Law c. 477 – An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution.

 

Under the amendment, the following changes were made to the original PFAS reporting requirements:

 

  • Changes reporting date deadline to January 1, 2025 (from January 1, 2023)
  • Includes additional reporting information:
    • An estimate of the total number of units of the product sold annually in the state or nationally
    • The amount of total organic fluorine in the product if the amount of each PFAS compound is not known
  • Exempts manufacturers that employ 25 or fewer people
  • Exempts used products or used product components
  • Clarifies packaging exemption

 

Canada

 

Canada Issues New Carriages and Strollers Regulations

 

On June 7, 2023, Health Canada issued the new Carriages and Strollers Regulations (SOR/2023-101), which will repeal SOR/2016-167.  The new regulation went into effect on June 7, 2023, but there is a transitional period of 180 days that allows carriages and strollers to comply with the repealed SOR/2016-167. 

 

The new Regulations address five categories of requirements for carriages and strollers:

  1. Mechanical requirements:
    • Must meet ASTM F833, except sections 5.3, 5.12, 8 and 9, or
    • The requirements set out in sections 6.8 and 6.10 of ASTM F833 and those set out in ISO 31110, except sections 6, 7, and 10.
  2. Applied coating materials requirements:
    • A sticker, film or other similar material that can be removed, or a surface coating material, that is applied to an accessible part of a carriage or stroller must not contain:
      • More than 90 ppm total lead;
      • Any compound of antimony, arsenic, cadmium, selenium, or barium if more than 1000 ppm of the compound migrates from the material; or
      • More than 10 ppm total mercury.
  3. Toxicological requirements
    • Must not contain any of the following substances if the substance can become accessible to a child or, if the substance is used as a filling, could be released on breakage or leakage:
      • Carbon tetrachloride or any substance that contains it
      • Any substance that contains more than 10 mg of methyl alcohol per gram
      • Any substance that contains more than 100 mg of petroleum distillates per gram
      • Benzene
      • Any substance that contains more than 100 mg of turpentine per gram
      • Boric acid or salts of boric acid
      • Ethyl ether
    • If the product contains a toxic substance, at least one of the following requirements must be met:
        • the substance must not be capable of being ingested, inhaled or absorbed through the skin because of the nature, physical form, size or any other characteristic of the carriage or stroller;
        • the total quantity of the substance for a child who has a body weight of 10 kg must not exceed the lesser of
          • 1% of the oral LD50as determined in accordance with good scientific practices, and
          • 1% of the dermal LD50as determined in accordance with good scientific practices;
        • the toxicity of the substance must not exceed the limits set out in Schedule 1.
  4. Phthalates requirements
    • Vinyl parts must not contain more than 1000 ppm of DEHP, DBP, or BBP
    • Vinyl parts that can be placed in the mouth of a child under 4 years must not contain more than 1000 ppm of DINP, DIDP or DNOP.
  5. Information and warning requirements
    • Must comply with requirements set forth in section 8 through 17

 

Brazil

 

New requirement for cellulosic materials and packaging into contact with food

 

On 22 may 2023, Brazil’s Ministry of Health/National Health Surveillance Agency/Collegiate Board published Resolution – RDC No. 798 of May 19, 2023 regarding cellulosic materials, packaging and equipment intended to come into contact with food, along with other measures. This resolution amends the Resolution of the Collegiate Board of Directors - RDC No. 88, of June 29, 2016, which approved the technical regulation on cellulosic materials, packaging and equipment intended to come into contact with food, along with other measures.

 

The resolution indicates that pigments and dyes must not migrate, according to the procedure described in standard BS EN 646 - Paper and board intended to come into contact with foodstuffs -Determination of color fastness of dyed paper and board - and must comply with grade five of the scale of ash, as defined in this standard.

 

The resolution entered into force on 22 May 2023, with a six-month period of adaptation to the new requirements.

 

China

 

535 Recommended National Standard

 

On May 2023, the China Standardization Administration Committee issued announcement No. 2, approving the issue or update of 535 Recommended National Standard (Voluntary Standard).

The standards listed in the announcement Nº2 of 2023 cover many consumer products, such as:

  1. Aix infant and children product standard which have been published for the first time:

GB/T 42801-2023 Juvenile products—General requirements for daily sports protection articles

GB/T 42802-2023 Juvenile products—General requirements for bath washing supplies

GB/T 42803-2023 Juvenile products—General requirements for accessories of the nursery room

GB/T 42804-2023 Juvenile products—General requirements for soothing articles bearing children

GB/T 42805-2023 Juvenile products—General requirements for protection products for family domestic use

GB/T 42806-2023 Juvenile products—General requirements for bath washing supplies

  1. GB/T 8878 Knitted underwear food update to 2023 edition, GB/T 10815 Domestic fine pottery update to 2023 edition, GB/Z 42692 Courtyard gazebo update to 2023 edition.

 

These product standards specify the quality, safety, performance and labeling requirements. All applicable requirement must be met before products can be sold in China.

 

International

 

New flammability standard for toys ISO 8124-2:2023 published

 

On 30th May 2023, the International Organization for Standardization (ISO) published ISO 8124-2:2023. The standard specifies the categories of flammable materials that are prohibited in all toys, and requirements concerning the flammability of certain toys when they are subjected to a small source of ignition.

 

The standard is largely based upon the existing European standard EN 71-2.

 

As with the previous edition, ISO 8124-2:2023 includes general requirements relating to all toys and specific requirements and test methods relating to the following toys, which are considered to present the greatest hazard:

  1. Toys intended to be worn on the head, such as wigs and fake beards and, moustaches, made from pile or flowing elements, masks, hoods and headdresses; however, paper and cardboard hats without embellishments or attachments are excluded.
  2. Toy disguise costumes and toys intended to be worn by a child in play.
  3. Toys intended to be entered by a child and constructed from textiles and/or polymer sheets and films.
  4. Soft-filled toys.
  5. Additional requirements for the flammability of electric toys are described in IEC 62115.

To align with EN 71-2, the following important changes were made:

  1. Added new definitions for cleaning (3.2), flowing elements (3.8), highly flammable solid (3.10), toy disguise costume (3.15), toys intended to be entered by a child (3.16) and washing (3.17), the definition "material that behaves in a similar manner to hair" has been deleted.
  2. Modified clause 4.2.5 to apply to to be worn on the head if not covered by the preceding sub-clauses of 4.2, the previous edition is “Flowing elements of toys to be worn on the head”.
  3. Clarified that the highly flammable liquids in chemical toys, olfactory boards games, cosmetic kits and gustative games must be conformed to EN 71-13.
  4. Two example have been deleted from Table A.1; namely, “The white mask is made of plastic material and is molded to the contours of the face from” and “The black element to attach the toy to the head is made of plastic material and the pink and black materials of the ears are textile.”
  5. Three new examples were added to the Table A.1 to clarify test category applicability; namely, textile hood base on a unicorn (Ref. 21); Hairband constructed from real (natural) feathers attached to plastics band (Ref. 22); Felt hat with felt side panels with protrude more than 50 mm from the hat (Ref. 23).
  6. Revised the procedure in A7 (clause 5.4), to clarify that tests on toy disguise costumes should be conducted before and after washing, even if instructions state not to wash.
  7. Revised A8 “Suggestions to help reduce rate of spread of flame for toy disguise costumes”.

 

Taiwan

 

BSMI Proposal for Amendments to the Legal Inspection Requirements of Toys

 

On 31st May 2023, the local authority BSMI notified (G/TBT/N/TPKM/524) the World Trade Organization (WTO), they are proposing to adopt the updated version of CNS 4797 and ISO 8124-1:2022 to enhancing the safety of toys. The proposed date of implementation is the 1st January 2024.

 

Two categories of toys (stuffed toys and blocks) will removed from the list of products subject to Monitoring Inspection (MI) and Registration of Product Certification (RPC).

 

These products have been classified as low risk and shall be subject to the conformity assessment procedure as per the Declaration of Conformity (DOC), which requires tests to be performed at designated testing laboratories and a declaration of conformity be issued for declaring that the products comply with relevant inspection standards.

 

The conformity assessment procedures remain the same, i.e. MI, RPC or DOC.

 

Please find the related requirements below; for further details, please reference the full proposal:

  1. Toys specified by cover HS/CCCN codes shall also comply with “Directions Governing the Inspection of Toy Commodities.”
  2. The inspection standards of the commodities listed in the cover HS/CCCN codes table shall be the version published in this announcement. If any updated version is available, the BSMI will publish the implementation date of the updated version in further announcements.
  3. The CCCN Codes listed in the HS/CCCN codes table are used for reference only. The listed products shall still comply with the requirements before entering into the market, even though their CCCN Codes are identified differently by the Customs Administration, Ministry of Finance or Bureau of Foreign Trade and the Ministry of Economic Affairs.

For more information, please consult the published proposal document here.

 

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