Eurofins | Newsflash - January 2019 | Softlines & Leather

Europe

New phthalates restriction and scope expansion under REACH Annex XVII (Entry 51)

On 18^th December 2018, Commission Regulation (EU) 2018/2005 was published in the Official Journal of the European Union.

This new regulation amends Entry 51 of Annex XVII to REACH Regulation (EC) No 1907/2006 as regards bis(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP) and diisobutyl phthalate (DIBP).

Previously, only three phthalates (DEHP, DBP, BBP) were restricted in plasticised materials in toys and childcare articles under this Entry 51.

The new amendment introduces the following 2 major changes:

• Inclusion of Diisobutyl phthalate (DIBP) restriction, in addition to DEHP, DBP and BBP, in toys and childcare articles
• Scope expansion: not only toys and childcare articles are included in the scope of the restriction of these 4 phthalates (DEHP, DBP, BBP, DIBP), but also any plasticised materials in articles. List of articles excluded from this restriction is included in Paragraph 4 of this new amended Entry 51, within which we can find:
  • Measuring devices for laboratory use
  • Materials and articles intended to come into contact with food within the scope of Regulation (EC) No 1935/2004 or Commission Regulation (EU) No 10/2011
  • Medical Devices
  • Electrical and electronic equipment within the scope of RoHS Directive 2011/65/EU

As indicated in the new Entry: ‘Plasticised material’ means any of the following homogeneous materials:

• Polyvinyl chloride (PVC), polyvinylidene chloride (PVDC),polyvinyl acetate (PVA), polyurethanes
• Any other polymer (including, inter alia, polymer foams and rubber material) except silicone rubber and natural latex coatings
• Surface coatings, non-slip coatings, finishes, decals, printed designs
• Adhesives, sealants, paints and inks

These additional restrictions under REACH Annex XVII Entry 51 will become effective from 7 July 2020.

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(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.

Turkey

Proposal standard for semichrommed Vachetta leather products

On 11^th December 2018, the Turkish Ministry of Industry and Technology notified the Communiqué on TS 224 Leather - Semichrommed Vachetta Leather - Specifications Standard  to the World Trade Organization with reference G/TBT/N/TUR/138.

This standard covers the definition, classification and specifications, sampling, examination and tests and placing on the market of semichrommed vachetta leather (TS 224 (December 2017)).

Once this proposal is officially released, those who produce and sell products on the market within the scope of TS 224 (December 2017) shall be obliged to comply with the provisions of this Communiqué.

US

ASTM F1816-18 Drawstrings on children’s upper outerwear- Reinstated!

As we already informed in our Eurofins News Flash September 2018 edition, the standard ASTM F1816-97(2009) “Standard Safety Specification for Drawstrings on Children's Upper outerwear” was inadvertently dropped because it did not pass its mandatory 5 years review on time (Withdrawn during 2018). 

As a consequence, ASTM activated the Work Item WK64790 to reinstate it as soon as possible without any technical changes because US and Canada regulations use very broadly this standard.

After approval of this work item, finally this standard has been published and reinstated as ASTM F1816-18 in December 2018.

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

Fur products prohibition proposal

On 3^rd December 2018, the Bill proposal AB 44 - Fur Products: Prohibition was introduced in the California Assembly.

According to this Bill proposal, if finally approved, it would be unlawful to sell, offer for sale, display for sale, trade, give, donate, manufacture or otherwise distribute a fur product in the State. Products not included in this prohibition are listed in this proposal text.

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

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.

Canada

Plan to restrict 2 flame retardants and 3 oil and water repellents

In October 2018,  the Government of Canada published in its Gazette the  “Notice of intent to amend the Prohibition of Certain Toxic Substances Regulations, 2012”.

In this notice, it is indicated that the Department of the Environment and the Department of health are initiating the development of amendments to the “Prohibition of Certain Toxic Substances Regulations, 2012” to further restrict the manufacture, use, sale, offer for sale and import of two flame retardants (HBCD and PBDEs) and three oil and water repellents (PFOS, PFOA and LC-PFCA).

Click here to access the Canada Gazette.

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.

China

New enforced Standards

Below a summary table with some recently enforced standards:

Eurofins Compass

Legislations that will start applying within the next six months (non-exhaustive)

Product recalls / Alerts

Below you will find a monthly summary of product recalls and alerts in Europe (Source “RAPEX”) and in the US (Source “CPSC”).

Europe

RAPEX (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities).

The following 26 alerts regarding textile & leather products have been reported, from week 47 until week 50 of 2018.

US

From 21^st  November to 20^th December 2018, CPSC (Consumer Product Safety Commission) has published the following recalls:  4 recalls regarding textile & leather products.

Chem-MAP

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 Visit the Chem-MAP Site to Find Out More About How Chem-MAP Works here.