Consumer Products | Summer Recap 2020
General Product Safety Directive’s review
On 23th June 2020, European Commission opened the Roadmap on the General Product Safety Directive (GPSD) for feedback for 10 weeks. Feedback will be taken into account for further development and fine tuning of this Directive. It is revised to:
- Respond to issues related to new technologies and online sales
- Ensure better enforcement of the rules and more efficient and even market surveillance
- Simplify the standardisation process
- Improve the recall of dangerous products in the hands of consumers
The aim is to protect consumers by ensuring that only safe goods are sold on the EU market.
The Commission will summarise the input received in a synopsis report explaining how the input will be taken on board and, if applicable, why certain suggestions can't be taken up. Feedback received will be published on the roadmap's site.
The roadmap is open for public comment until October 6, 2020.
For more information, please visit the European Commission’s website here.
Free workshop agreement on community face coverings
On 17th June 2020, the European Committee for standardisation (CEN) published the following workshop agreement document:
Face coverings are outside the scope of European personal protective equipment (PPE) and medical device regulation and for this reason the European Commission has identified an urgent need for harmonised and consistent safety standards in the context COVID-19 pandemic.
This document provides the minimum requirements for the design, production and performance assessment of community face coverings (barrier masks) intended for consumers, both single or reusable.
For further information, please visit the CEN website here.
UE new Regulation on Products Conformity and Market surveillance, impacts on e-commerce
Back in June 2019, the European Union published a new Regulation on market surveillance and compliance of products. (Regulation (EU) 2019/1020).
The new regulation covers all non-food products which lay down in 70 Regulations and Directives such as Medical Devices, PPE´s, Toys, Apparel, Children Products, etc. and will impact the e-commerce and marketplaces as well.
Aim of the Regulation:
- It aims to improve how the free movement of goods principle works by strengthening market surveillance of products covered by EU harmonisation legislation. This must ensure a high level of protection of health and safety, in general and in the workplace, and protect consumers, the environment, public security and other public interest.
- It lays down rules and procedures for economic operators and establishes a system for their cooperation with supervisory authorities.
- It establishes controls on products imported into the EU.
- It deletes and replaces Articles 15 to 29 of Regulation (EC) No 765/2008 (on Accreditation and market surveillance) and amends Directive 2004/42/EC and Regulation (EU) No 305/2011 (on Construction products).
Some of the key points of this new regulation are:
- Inclusion of a “fifth” economic operator in the EU legislation: “Fulfilment Service Provider”.
- Until now, it´s common to find the description of the economic operators as manufacturers, authorized representative, importer and distributor and the new regulation includes a new role in the value chain called fulfilment service provider. The definition of this economic operator is any natural or legal person offering, in the course of commercial activity, at least two of the following services: warehousing, packaging, addressing and dispatching, without having ownership of the products involved.
- Products may not be offered for sale to EU consumers without an Economic Operator established in the EU.
- This point has special impact for marketplaces and e-commerce located outside the EU unless these third-party retail companies have any of the possible economic operators in the EU.
- Some of the responsibilities of the economic operators as regards of product compliance are:
- to keep EU conformity and performance declarations and makes these and the technical documentation available to authorities when asked.
- to inform the authorities when they consider a product poses a risk.
- to cooperate with the authorities, when asked, by taking immediate corrective action - from remedying the fault to recall or destroying the item- if a product is considered non-compliant, and helps to eliminate or mitigate risks.
This regulation applies from 16 July 2021. However, Articles 29, 30, 31, 32, 33 and 36 shall apply from 1 January 2021 (These articles refer to the setting up of the Union´s Product Compliance Network).
EU inspectors to check consumer products for hazardous substances
The Enforcement Forum agreed that its major enforcement project planned for 2022 (REF-10) will focus on integrated checks of products that control several duties from different pieces of legislation – mostly related to articles, but also to mixtures. Most of the products are expected to be consumer products.
ECHA publication can be viewed here.
Recent publications by European Commission
The below table summarises recent publications by the Official Journal of the European Union:
|
Date |
Reference |
Title |
|
15-06-2020 |
Commission Delegated Regulation (EU) 2020/784 of 8 April 2020 amending Annex I to Regulation (EU) 2019/1021 of the European Parliament and Council in relation to the listing of perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds. |
|
|
24-06-2020 |
Commission Notice Guidelines for the implementation of Regulation (EU) 2019/1148 on the marketing and use of explosives precursors 2020/C 210/01. |
Please see the below table summarising the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):
(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.
|
CENELEC / CEN |
|||
|
Reference |
Title |
Date of Withdrawal (*) |
Supersedes |
|
Surfaces for sports areas - Code of practice for the sampling of performance infills used within synthetic turf surfaces |
2020-11-30 |
|
|
|
Gymnastic equipment - Parallel bars and combination asymmetric/parallel bars - Requirements and test methods including safety |
2020-11-30 |
||
|
Ambient air - Standard method for the determination of the concentration of ammonia using diffusive samplers |
2020-11-30 |
|
|
|
Industrial, scientific and medical equipment - Radio-frequency disturbance characteristics - Limits and methods of measurement |
2022-11-27 |
|
|
|
Adhesives - Adhesives for bonding parquet to subfloor - Test methods and minimum requirements (ISO 17178:2013) |
2020-10-31 |
||
|
Office furniture - Office work chair - Part 1: Dimensions - Determination of dimensions |
2021-04-30 |
||
|
Classification for bicycles usage |
2020-11-30 |
|
|
|
Paints and varnishes - Determination of volatile organic compounds(VOC) and/or semi volatile organic compounds (SVOC) content - Part 2: Gas-chromatographic method (ISO 11890-2:2020) |
2021-01-31 |
||
|
Paints, varnishes and printing inks - Determination of fineness of grind (ISO 1524:2020) |
2021-01-31 |
||
|
Electronic cigarettes and e-liquids - Reference e-liquids |
2021-01-31 |
|
|
Please find below a table summarising recent regulatory proposals made to the European Commission (Non-exhaustive):
|
Countries |
Notification number |
Title |
|
Netherlands |
Correction of legal defects and gaps as well as implementation of other minor amendments to various legal provisions within the domain of the Ministry of Economic Affairs and Climate Policy (Collective Act 2020 of the Ministry of Economic Affairs and Climate Policy).
The aim is to guarantee fair trade of precious metals and to protect consumers and traders against fraud. |
Please find below a table summarising the most recent technical publications on chemical substances (non-exhaustive):
|
Date |
Countries |
Entity |
Title |
|
April 2020 |
Europe |
European Commission |
|
|
April 2020 |
Europe |
EFSA (European Food safety Authority) |
|
|
June 2020 |
France |
ANSES (French Agency for Food, Environmental and Occupational Health & Safety) |
Incontinence pads: ANSES publishes the results of its health risk assessment |
|
June 2020 |
Europe |
ECHA (European Chemical Agency) |
|
|
June 2020 |
Europe |
ECHA (European Chemical Agency) |
EU Member States report illegal and ineffective disinfectants |
Measures relating to the fight against the spread of COVID-19
Recently, French authorities have published several articles relating to masks in response to the COVID-19 pandemic. These publications include:
- The different types of masks - see the FAQ
- Coronavirus consumption information
- First step in DGCCRF checks to guarantee the quality and accessibility of protective masks
- Sale of general and surgical masks in pharmacies
- The first step towards DGCCRF checks to guarantee the quality and accessibility of protective masks
- Supervision of prices for surgical-type masks and surveys of masks for the general public
- French Customs publishes guide to facilitate the importation of masks
- Government announces order for more than 1 billion sanitary masks made in France
- Production of protective masks
- Sale of protective masks in mass retail chains
- Protective masks: the answers to your questions
- Sale of protective masks in large retailers
On other hand, the ANSM (Agence nationale de sécurité du médicaent et des produits de santé) published the following framework sheet about 3D printing:
You will find Covid-19-related texts published in the Official Journal, as of the April 22, 2020 edition, here. Relevant texts, published before this date, are compiled in a PDF file available for download at the same link.
Risk assessment report on chemicals in heavy incontinence pads
On 23th June 2020, the French Agency for Food, Environmental and Occupational Health & Safety (ANSES) published its health risk assessment regarding incontinence pads.
Several chemicals found in incontinence pads exceeded health thresholds in the event of skin lesions. ANSES recommends to limit chemicals in incontinence pads in order to prevent the occurrence of skin lesions in users.
For further information, please visit the ANSES website here.
Several publications about feminine hygiene products
The French authorities have published the following articles and information about menstrual cups and tampons in French language documents:
- Feminine hygiene products, focus on… menstrual cups
- Menstrual cups and tampons: ANSES publishes the results of its complementary assessment
Safety advice regarding high beds
In June 2020, the DGCCRF published recommendations in relation to high beds, specifically precautions to be taken to avoid accidents, as beds can present risks when poorly designed or misused, especially by children.
Click here for to read the official publication in French.
Last version of PAH specification for GS mark
In April 2020, Germany’s Product Safety Committee published the latest version of AfPS GS 2019:01 PAK.
Product Safety Commission (AfPS) GS Specification Testing and assessment of Polycyclic Aromatic Hydrocarbons (PAHs) in the awarding of GS Marks - Specification pursuant to Article 21 (1) No. 3 of the Product Safety Act (ProdSG) - AfPS GS 2019:01 PAK (in English and Germany).
From 1 July 2020 (date of issue of the GS mark certificate), it is compulsory to apply the content pf this document when awarding the GS marks to products. The validity of document AfPS GS 2014:01 ceased as of 30 June 2020. Existing GS mark certificates remain valid until such a time as they must be renewed.
Guides for the manufacture of masks and protective clothing
The Ministry of industry, commerce and tourism has added and published new documents related to mask and protective clothing. Following a list with the recent publications:
Overview:
Hygienic masks: Generalities and frequently asked questions
- Frequently asked questions about hygienic masks
- List of materials for non-reusable hygienic masks
UNE Specification Reusable Hygienic Masks:
- List of materials for reusable hygienic masks
Planning for the end of the Brexit transition period
UK authorities have published the following articles in relation to goods imported into Great Britain following the end of Brexit transition period:
- Government accelerates border planning for the end of the Transition Period.
- Existing UK trade agreements with non-EU countries.
- Major new campaign to prepare UK for end of the transition period.
- Using the UKCA mark from 1 January 2021
- How to import and export goods between Great Britain and the EU from 1 January 2021
- Placing manufactured goods on the market in Great Britain from 1 January 2021
- Placing manufactured goods on the EU market from 1 January 2021
- Conformity assessment bodies: change of status from 1 January 2021
Publication of flammability and labelling requirements for tents
On April 22, 2020, Health Canada published the CAN/CGSB-182.1-2020 standard of tents.
The scope of this standard is applied to consumer tents for outdoor use (including tents intended for both indoor and outdoor use), such as camping tents, backpacking tents, suspended tents, teepees, children’s tents, tent trailers, ice-fishing tents, dining shelters, sun shelters and screen houses.
This standard establishes performance requirements and test methods to evaluate the flammability of tent materials and labelling requirements (fire safety warnings and safe use instructions to mitigate flammability risk).
Other relevant news this summer
The below a summary with others news relevant this summer (non-exhaustive):
Products containing a flame-retardant chemical
On May 8, 2020, the bill SB447 in relation to flame retardants was approved. It bans a person from importing, selling, or offering for sale any juvenile product, mattress, upholstered furniture, or reupholstered furniture that contains more than 0.1% of flame-retardant chemicals by mass. It also repeals certain provisions of law regarding the importation, sale, or offering for sale of any child care product containing certain chemicals, establishes certain civil penalties and requires the Secretary of Health to consider certain factors in determining penalty levels; for example.
The law becomes effective as of January 1, 2021, and the Maryland Department of Health has until June 1, 2021 to adopt relevant laws to enforce the same.
New York amends lead-containing jewellery law
On April 17, 2020, the New York governor signed Assembly Bill A08978 into law to amend labelling requirements of certain jewellery items containing lead. This Assembly Bill will be effective as of 1st January 2021.
In comparison to the Lead-Containing Jewellery Law (A6041/S4046) passed last December, this new signed law covers the following main amendments:
- Lowering the threshold of ‘less than 600 ppm lead content’ to ‘less than 100 ppm lead content’ as part of the criteria for warning statements.
- Deleting “COMPLIES WITH FEDERAL STANDARDS” from warning statements.
The effective date for warning statement requirements is unchanged, and remains to be January 1, 2021 under this new act.
For more information, please click here.
Proposition 65 - new fact sheets
See below a list detailing new fact sheets available on the Proposition 65 website.
Three new fact sheets on Proposition 65-listed chemicals:
- Pentabromodiphenyl Ether (PentaBDE) Mixture [DE-71 (Technical Grade)]
- Tris(2-chloroethyl) Phosphate (TCEP)
- Household appliances may expose you to chemicals on the Proposition 65 list such as benzene, carbon monoxide, formaldehyde, and some flame retardants and phthalates.
See below two new fact sheets on Proposition 65 warnings:
Draft guidance for textile face coverings
In July 2020, the American Association of Textile Chemists & Colorists (AATCC), a professional association, and the Standards Developing Organization have released a new standard:
AATCC M14-2020 Guidance and Considerations for General Purpose Textile Face Coverings: Adult.
The aim is of the monograph is to outline considerations and recommendations intended to help manufacturers to more efficiently design and produce face coverings for general purpose (non-medical) use. A draft version has been circulating since June.
For further information, please visit AATCC website here.
Standards in relation to the flammability of mattresses
On 26th May 2020, the Consumer Product Safety Commission (Commission or CPSC) requested an extension regarding approval to collect information associated with the Standard for the Flammability of Mattresses and Mattress Pads, and the Standard for the Flammability (Open Flame) of Mattress Sets, approved previously under OMB Control No. 3041-0014.
For further information, please visit the regulatory website here.
Labelling requirements for non-woven wipes
The US state of Washington has signed into law (BILL 2565) DISPOSABLE WIPES PRODUCTS--"DO NOT FLUSH" LABELING which indicates new requirements for the labelling of disposable wipe products.
The label of the product has to include a "do not flush" symbol, or an equivalent, as described in the INDA/EDANA code of practice 2 (COP2, as published in "Guidelines for Assessing the Flushability of Disposable Nonwoven Products," Edition 4, May 2018, by INDA/EDANA), the label of the product has to include a “do not flush” symbol, or an equivalent.
The symbol must be on the principal display panel of the packaging in a visible location. In the case of packaging intended to dispense individual wipes, the symbol should be permanently affixed in a location that is visible to a person each time a wipe is dispensed from the package. The size of the symbol must cover at least two percent of the surface area of the principal display panel on which the symbol is presented.
This bill is effective as of 1st July 2022.
In April 2020, The Model Toxics in Packaging Legislation was updated with a new statement in relation to the sample certificate of compliance:
“no materials used to replace the regulated chemicals are present in a quantity or manner that creates a hazard as great or greater than the hazard created by the regulated chemicals.”
This certification of compliance stipulates no intentional use of any amount of four specific metals, lead, cadmium, mercury, and hexavalent chromium, with a total threshold level of 100 ppm for the four metals combined.
Manufacturers or distributors are to issue a certificate of compliance. The certificate can be prepared based on the certificate of compliance for each packaging component from suppliers or analytical testing reports of the content of the four heavy metals in the packaging.
See below a table summarising some recent ASTM standards updates:
|
Reference |
Title |
|
Standard Performance Requirements for Multipositional Plastic Chairs with Adjustable Backs or Reclining Mechanisms for Outdoor Use. |
|
|
Standard Performance Requirements for Plastic Chaise Lounges, With or Without Moving Arms, With Adjustable Backs, for Outdoor Use. |
California Proposition 65 Reformulations (July, 2020)
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 the consent agreement are summarized as below:
|
Product |
Chemical |
Limit |
Case No |
|
handheld luggage scales with PVC grip |
Lead |
90ppm 1.0ug |
Out of court |
Recent Federal Register publication
The below a summary of the recent Federal Register updates (non-exhaustive):
- Made in USA Labeling Rule
- Country of Origin Marking of Products of Hong Kong
- Long-Chain Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate Chemical Substances; Significant New Use Rule.
Public consultation on isothiazolinones
In April 2020, Australia’s Department of Health commenced a consultation on ten proposed amendments to the existing Poisons Standard. The proposed amendments include:
- Proposed amendments to scheduling advice to ACMS #31
- Oxymetazoline
- Eletriptan
- Clotrimazole
- Sildenafil
- Ibuprofen
- Cumyl-pegaclone
- Proposed amendments to scheduling advice to the Joint ACMS-ACCS #25
- Nicotine
- Cannabidiol
- Methylisothiazolinone and methylchloroisothiazolinone
- Isothiazolinones
On 18th May 2020, the public consultation regarding proposed amendments to the Poisons Standard closed. All public submissions are published on the TGA website.
For more information, please consult the TGA’s website here.
On 7th May 2020, the Australian Therapeutic Goods Administration (TGA) published an urgent legislative instrument to relax regulations on hand sanitiser that contain ethanol or isopropyl alcohol.
The TGA’s website provides information to help manufacturers, suppliers and advertisers of hand sanitisers to understand their regulatory obligations under therapeutic goods legislation.
National Supervision and Spot Check Plan 2020
On 8th May 2020, the China State Administration for Market Regulation (SAMR) published the National Product Quality Supervision and Sampling Plan for 2020.
The spot check plan covers a total of 131 products; from household textiles, to electrical and electronic products, light industrial products, construction and decoration materials, agricultural products, mechanical security products, electrical products and materials and food-related products.
For more information, please visit the SAMR website here.
CNCA revised rules for baby products
On 1st June 2020, the Certification and Accreditation Administration (CNCA) of China published Announcement No. 14 of 2020 in relation to implementation rules for compulsory product certification of toys and stroller products.
The announcement indicates a number of new rules for baby products:
- Product certification implementation rules in relation to baby products (CNCA-C22-01:2020)
- Compulsory certification implementation rules in relation to toys (CNCA-C22-02:2020)
These rules are effective as of 1st July 2020. Compulsory product certifications issued before that date remain valid, and certification conversion will be completed at natural transitions such as expiring replacements, product changes, and standard changes. These rules repeal the Notice on the revision of toy products Compulsory Certification Rules (CNCA Announcement Nº 40 of 2010).
To view the official publication Chinese, please click here.
Changes to the catalogue of china compulsory certification (CCC)
In April 2020, the Certification and Accreditation Administration (CNCA) of China published the following announcements (only available in Chinese language):
- 18 of 2020 General Administration of Market Supervision on optimisation of the compulsory product certification catalog.
- 21 of 2020 General Administration of Market Supervision and Administration in relation to the release of compulsory product certification catalog products and announcement of the reference table corresponding to commodity numbers in 2020.
The Certification and Accreditation Administration (CNCA) has merged and changed a few product categories in the catalogue without changing the scope of mandatory product certification. The updated compulsory product certification catalogue covers a total of 103 compulsory products with their corresponding commodity numbers listed in the annex.
Regulatory proposals notified to WTO
Please see the below table summarising the most recent notifications made to the World Trade Organization (non-exhaustive):
|
Notification number / Link |
Country |
Title |
|
Peru |
Technical specifications for the manufacture of cloth face-masks for use by the community.
|
|
|
US |
Safer Consumer Products: Priority Products List.
|
|
|
US |
Approval Tests and Standards for Air-Purifying Particulate Respirators.
|
|
|
Morocco |
Order of the Minister of Industry, Trade and the Green and Digital Economy No. 1060-20 of 14 Chaabane 1441 (8 April 2020) on protective masks of non-woven fabric for non-medical use. |
