Eurofins | Newsflash - January 2019 | 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(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.

(**) Date of availability: date when the definitive text in the official language versions of an approved CEN/CENELEC publication is distributed by the Central Secretariat.

Europe

Agreement for legal timber from Vietnam

On 19^th October 2018 the European Commission published the news about the agreement signed with Vietnam to combat illegal sources of timber from Vietnam.

The aim of this agreement is to improve forest governance and promote trade in legal timber products that come from Vietnam.

Click here for more information from European Commission website.

France

Practical guides for consumer products

Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (DGCCRF) has published several guides about consumer products. Some examples as below (in French):

• Remote sales of chemicals, biocides and detergents: what are the essential characteristics that must appear on the site?
• Signs of origin and quality (industrial products and services)
• The use of the French language
• Culinary siphons: precautionary statements of the DGCCRF
• Brexit: what consequences for the French consumer?

US

Interim Enforcement Policy for mattress pads

On 1^st November 2018,  the CPSC’s Office of Compliance and Field Operations  implemented an Interim Enforcement Policy for mattress pads subject to 16 C.F.R. Part 1632 – Standard for the Flammability of Mattresses and Mattress Pads.

The Standard requires pre-market prototype testing for each new mattress and mattress pad design. In addition, prototype testing must be performed when there has been a change in materials of an existing prototype design that could influence the cigarette ignition resistance. Six mattress and mattress pad surfaces must be tested for each prototype.

This interim policy allows mattress pad manufacturers to reduce testing from 6 to 2 mattress pad surfaces for each new prototype due to a shortage of standard reference material (SRM) cigarettes. It is allowed to use the partial packs (or leftovers from prior testing) of SRM cigarettes too.

This policy became effective on November 1, 2018, and will remain effective until further notice.

Click here for getting the notice complete from CPSC website.

US - California

Proposition 65: Amendments regarding responsibility to provide consumer products exposure warnings

From 16^th November to 31^st December 2018,  Office of Environmental Health Hazard Assessment (OEHHA)  opened a public consultation about a proposal to amend Title 27, California Code of Regulations, section 25600.2, subsections (b), (c) and (f), Responsibility to Provide Consumer Product Exposure Warnings.

The aim of these proposed amendments is to clarify the regulatory provision implementing the statutory direction to place the primary obligation for providing a Proposition 65 warning on the product manufacturer, thus minimizing the impact of the warning requirements on the retail seller.

Click here for more information about this public consultation from OEHHA’s website.

US - California

California Proposition 65 Reformulations (December, 2018)

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:

US - California

Flame Retardant Bill on Juvenile Products, Upholstered furniture and mattresses – Enacted!

On 29^th September 2018, California’s flame retardant Bill AB 2998 was approved by Governor and, therefore, already enacted.

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.

Covered flame retardant chemicals means any chemical whose functional use is to resist or inhibit the spread of fire including one of the following:

• A halogenated, organophosphorus, organonitrogen, or nanoscale chemical
• A chemical defined as a “designated chemical” in Section 105440 of the Health and Safety Code
• A chemical covered in the Washington’s list of Chemicals of High Concern to Children

“Juvenile product” means a product designed for residential use by infants and children under 12 years of age, including, but not limited to, a bassinet, booster seat, changing pad, floor playmat, highchair, highchair pad, infant bouncer, infant carrier, infant seat, infant swing, infant walker, nursing pad, nursing pillow, playpen side pad, playard, portable hook-on chair, stroller, and children’s nap mat. Some products not included in “Juvenile product” definition are listed in the Bill.

The prohibitions in this ban do not apply to the following:

• Electronic components of juvenile products, mattresses, reupholstered furniture, upholstered furniture, or any associated casing for those electronic components
• Upholstered or reupholstered furniture components other than those identified in paragraph (1) of subdivision (a) of Section 19094
• Thread or fiber when used for stitching mattress components together
• Components of adult mattresses other than foam

The text of Assembly Bill No. 2998 (AB 2998) can be found here.

Canada - Ontario

Ontario’s Upholstered and Stuffed Articles Regulation Abolished

On December 6, 2018 the Government of Ontario approved the revocation of the Upholstered and Stuffed Articles Regulation (O. Reg. 218/01) under the Technical Standards and Safety Act, 2000(TSSA).

From July 1, 2019, manufacturers, renovators, home hobby/craft operators and other persons currently related to this regulation in the Province of Ontario are not required to comply with all Ontario-specific requirements including provincial licensing, labelling, processing, cleanliness and sterilization requirements under the regulation.

However upholstered and stuffed articles sold in Ontario will still have to comply with all applicable federal legislation such as the Canada Consumer Product Safety Act and the Textile Labelling Act.

Be noted that this revocation applies only in Ontario: upholstered and stuffed articles regulations in the provinces of Manitoba and Quebec are still in force.

This revocation will come into effect July 1, 2019.  TSSA will keep on administering and enforcing the regulation during the transitional period.

Canada

Canada Proposes to Publish flammability and labelling requirements for tents

Health Canada has recently informed that the Canadian General Standards Board (CGSB) is working on the development of a new National Standard of Canada for tent flammability and labelling (CAN/CGSB-182.1 Flammability and labelling requirements for tents).

The draft standard applies to consumer tents for outdoor use (including tents intended for both indoor and outdoor use), such as camping tents, backpacking tents, children’s tents, tent trailers, ice-fishing tents, dining shelters, beach shelters and screen houses. Consumer tents intended for indoor use only or tents subject to the National Building Code of Canada are not covered in this draft.

This proposed National Standard of Canada will hold a 60-day public review from November 30, 2018 to January 29, 2019.

Click here for more information from Government of Canada website.