Consumer Products | Monthly bulletin | March 2022

Eurofins newsflash Consumer Products

Chemical

Europe

17^th meeting of the POPs review committee

At the end of January 2022, the 17^th meeting of the persistent organic pollutants POPs review committee took place. Methoxychlor was recommended to be listed in Annex A to the Stockholm Convention for 2023.

The Committee also considered the risk profiles of the following substances, which will now be moved to the risk management evaluation:

UV-328 (UV-stabiliser and plastic additive)
Dechlorane Plus (flame retardant)

Three new proposals meet the screening criteria for POPs and will move forward to the risk profile stage for more assessment:

chlorpyrifos, submitted by the European Union;
chlorinated paraffins with carbon chain lengths C14-17 and
≥45 % chlorine by weight (MCCP), submitted by the UK; and
long-chain perfluorocarboxylic acids (LC-PFCA), their salts and related compounds, submitted by Canada.

Proposal to amend Annexes IV and V of POP Regulation

On 17^th January 2021, the European Commission published the following proposal:

Proposal for a Regulation of the European Parliament and of the Council amending Annexes IV and V to Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants

This Proposal amends the annexes IV and V that deal with waste in the Regulation (EU) 2019/1021 (the POPs Regulation). These annexes set limits for persistent organic pollutants in waste and determine how waste that contains POP substances should be managed in the EU.

The proposed amendment proposes to list and introduce limits for some substances and to lower the existing limits for other substances already listed. The table below provides a summary of these:

Preferred option for Annex IV limits
Substances	value
PBDEs	Initial implementation of 500 mg/kg, followed by reduction to 200 mg/kg 5 years after entry into application of initial limit.
HBCDD	500 mg/kg
PCDD/PCDFs (dioxins and furans) Dioxin-like PCBs	5 µg/kg
Short-chain chlorinated paraffins (SCCPs)	1 500 mg/kg
PFOA, its salts and related compounds	1 mg/kg (PFOA and its salts), 40 mg/kg (PFOA-related compounds)
Pentachlorophenol (PCP), its salts and esters	100 mg/kg
Dicofol	50 mg/kg
Proposed Annex V limit values
Substances	Value
dl-PCBs	5 mg/Kg
PBDEs (including decaBDE)	10 000 mg/kg
PFOA, its salts and related compounds	50 mg/kg for PFOA and salts 2 000 mg/kg for PFOA-related substances
Pentachlorophenol (PCP)	1 000 mg/kg
Dicofol	5 000 mg/kg

Recent updates regarding REACH

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

Summary of the Most Recent Updates
Date	Subject	Link
20/01/2022	The European Commission launched a public consultation on the revision of REACH. The aim is to align with the European chemical strategy for sustainability.	For more information, consult the European commission website here.
02/02/2022	The ECHA proposed 8 substances of very high concern in the REACH authorisation list (Annex XIV). Comments can be given until 2^nd May 2022.	For more information, consult the ECHA website here.

Other interesting links about REACH from ECHA’s website

Other interesting links about CLP from ECHA’s website

France

Results of the annual control of chemicals, biocides and detergents

On 21^st January 2021, the Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (DGCCRF) published its annual control plan for chemicals, biocides and detergents 2020.

The annual control plan had to be adapted during 2020 to take into account the situation with COVID-19. The main products checked in 2020 were therefore hydro-alcoholic gels and solutions, disinfectants and detergents. The rate of non-compliance noted on the hydro-alcoholic gels and solutions sampled was particularly high.

Other frequently encountered anomalies concern non-compliance with the hazard labeling measures provided for by the CLP regulation.

To read the official publication, consult the DGCCRF website here.

RoHS updates concerning mercury, lead compounds, barium and phthalates

Statutory Instrument No 1395 of 2021 introduces the following changes to Statutory Instrument No 1647 of 2020 related to the RoHS regulations.

These Regulations amend Schedules A1 and A2 to the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012 (“the RoHS Regulations”) as they apply in England, Wales and Scotland.

Changes	Dates
Renews the exemption for mercury to be used in electric rotating connectors used in ultrasound imaging systems	Until 30 June 2026
Grants a new exemption for lead compounds and barium to be used in certain civil explosive applications	This exemption expires on 20 April 2026
Removes paragraphs (a) and (b) from Schedule A1, introduced in S.I. 1647 of 2020	From 1^st July 2022
Extends the restriction on the use of four restricted substances (Bis(2-ethylhexyl) phthalate (DEHP), Butyl benzyl phthalate (BBP), Dibutyl phthalate (DBP) and Diisobutyl phthalate (DIBP)) to medical devices and monitoring and control instruments.	For a period ending on 30^th June 2026.

Recent updates regarding UK REACH and GB CLP

The below table gives a summary of the most recent updates (non-exhaustive) regarding UK REACH and GB CLP:

Summary of the Most Recent Updates
Date	Subject	Link
04/02/2022	Updating the GB mandatory classification and labelling list (GB MCL List)	HSE GB CLP publication table can be consulted here.

New state laws banning PFAS in food packaging

In the last few years, many states have signed bills to ban PFAS in food packaging. The table below provides an update on recent bills and laws:

State	Date	Bill/Law	Requirement	Effective date
California	05/10/2021	Bill No. 1200	Limit: 100ppm	01/01/2023
Connecticut	13/07/2021	Raised Senate Bill No. 837 (Act No.21-191)	Limit: Prohibited if intentionally introduced	31/12/2023
New York	20/07/2020	Bill S08817 section 37-0209	Limit: Prohibited Applicable to a package or packaging component that is intended for direct food contact and is comprised, to a substantial degree, of paper, paperboard, or other materials originally derived from plant fiber.	31/12/2022
Minnesota	29/06/2021	Law S.F. No.20	Limit: Prohibited	01/01/2024
Vermont	18/05/2021	Law S.20- 18 V.S.A CHAPTER 33A	Limit: Prohibited (Perfluorohexane sulfonic acid (PFHxS), Perfluoroheptanoic acid (PFHpA),Perfluorononanoic acid (PFNA))	01/07/2023
State of Washington	07/06/2018	RCW 70A.222.070	Limit: Prohibited Applicable to Wraps and liners, Plates, Plates, Pizza boxes	February 2023

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Cosmetics & Personal Care

Custom heavy metals test plans

Heavy metals are naturally occurring metallic elements with properties that are hazardous to human health, and their presence in the manufacturing process cannot be completely prevented, even with exemplary industry practices in place.

According to Article 17 of Regulation (EC) No. 1223/2009, even the unintentional presence of heavy metals in cosmetic products is only permissible if this is technically unavoidable in good manufacturing practice and, moreover, does not pose a threat to human health.

In 2021, the European Committee for Standardization (CEN) published the new standard EN ISO 21392:2021 (Measurement of traces of heavy metals in cosmetic finished products using the ICP/MS technique).

Eurofins offers analyses which follow the new ISO standard, using the ICP-MS method to detect trace levels of heavy metals including chromium, cobalt, nickel, arsenic, cadmium, antimony and lead. Our team of experts are highly skilled at preparing different products and matrices to be tested and to design the suitable protocols accordingly.

Contact our sales teams to create custom test plans that meet your needs.

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Personal Protective Equipment

Europe

Standards 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.

CEN
Reference	Title	*Date of withdrawal ()**	Supersedes
EN ISO 22568-4:2021	Foot and leg protectors - Requirements and test methods for footwear components - Part 4: Non-metallic perforation resistant inserts (ISO 22568-4:2021).	2022-06-30	EN ISO 22568-4:2019

Change of responsibilities with the new PPE regulation

On 6^th April 2022, the new Personal Protective Equipment at Work Regulation 2022 (PPER 2022) will come into force in the United Kingdom, which modifies the previous 1992 regulation to extend the requirements for the supply of PPE to Limb (b) workers, which in the UK are defined as "workers who generally have more than a casual employment relationship and work on a per-work or service basis" and who are not currently protected by the 1992 Act.

However, the regulations not only oblige employers to provide PPE to their workers, but they must also ensure that they are appropriate to the professional activity of their companies, and that their employees know how to use them correctly. To do this, you can find valuable information in the Safety Data Sheets (SDS).

For more information, consult the HSE’s website here.

France

Technical publications

Please find below a table summarising recent technical publications (non-exhaustive):

Date

Entity

Comments

14/12/2021

ANSES

(Agence nationale de sécurité sanitaire)

COVID-19: blocking non-compliant masks

The DGCCRF launched an investigation in 2020 and 2021 with the objective being to control the conformity and quality of the masks and the fairness of the associated information. The publication is now available with the results.

27/01/2022

DGCCRF (Direction générale de la concurrence, de la consommation et de la répression des fraudes)

Compliant masks but falsely presented as "made in France"

The DGCCRF investigators demonstrated that the masks were not manufactured in the company's factories in France, but imported from Asia and simply repackaged in boxes bearing the Made in France label. The tests, carried out by the Joint Laboratory Service, also made it possible to ensure the compliance of the masks in terms of filtration and breathability.

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Softlines & Leather

France

New certificate of waste recovery

On the 30^th January 2022, the Ministry of Ecological Transition published the order of December 21, 2021 relating to the certificate mentioned in article D. 543-284 of the environment code.

This decree establishes the certificate of sorting at source and separate collection, providing waste producers with the certainty that their waste paper/cardboard, metal, plastic, glass, textiles, wood, mineral fractions and plaster are subject to source sorting and recovery. This certificate also ensures compliance with the sorting obligations for this type of waste before the competent control authorities. The table below summarises the new rules with materials, type of certificate and dates from which the rules take effect:

Certificate of waste recovery provided for in article D. 543-284 of the environment code
Certificate model	waste	Effective date
Annex IA	paper/cardboard, metal, plastic, glass, wood, mineral fractions and plaster	Certificates submitted between January 1, 2023 and March 31, 2023, relating to waste collected and treated in 2022.
Annex IB	paper/cardboard, metal, plastic, glass, wood, textile, mineral fractions and plaster	certificates submitted between January 1, 2026 and March 31, 2026, relating to waste collected and treated in 2025.

Italy

Change of implementation date for environmental labelling in packaging

On 28^th February 2022, the law of 25 February 2022 n. 15 of the conversion of the decree law 30 December 2021 n. 228 (so-called Milleproroghe) was published in the Official Gazette.

Art. 11 of the provision will postpone the application of environmental labelling in packaging until 31^st December 2022, as well as the possibility of marketing stocks of products already placed on the market until 1^st January 2023.

After this date, the Italian Legislative Decree 116/2020 (amendment of the Italian Environmental Regulations) will be effective and mandatory for the environmental labelling on packaging in Italy for business to consumers (B2C) and business to business (B2B) packaging.

For more information, consult the CONAI website here.

Comments for testing and recordkeeping requirements for carpets and rugs

On the 16^th February 2022, the Consumer Product Safety Commission (CPSC) published the following notice:

Agency Information Collection Activities; Submission for OMB Review; Comment Request; Testing and Recordkeeping Requirements for Carpets and Rugs.

It indicates that the CPSC has submitted to the Office of Management and Budget (OMB) a request for an extension of approval for information collection requirements for manufacturers and importers of carpets and rugs under the Standard for the Surface Flammability of Carpets and Rugs and the Standard for the Surface Flammability of Small Carpets and Rugs.

It is possible to submit written or electronic comments until March 18^th, 2022.

Mexico

Mexico updates textiles labelling Standard

On January 14^th, 2022, the new NOM-004-SE-2021, Commercial information – Labelling of textile products, clothing, their accessories and household linens was published in the Mexico Official Gazette of the Federation (DOF). Businesses will have one year to comply with the new textile standard, which will come into effect on January 15^th, 2023, at which point the current NOM-004-SCFI-2006 will be replaced.

The updated standard NOM-004-SE-2021 makes several key changes as below:

In Provision 1 (Purpose and field of application), the new standard requires the information of the person responsible for the product, which includes the licensee along with the manufacturer and/or importer.
In Provision 3 (Terms and definitions), many new term definitions are added.
In Provision 4 (Information specifications), the labelling of the RFC of the manufacturer (for domestic products) and the RFC of the importer (for imported products) becomes mandatory.

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Toys & Childcare

Europe

Specific microbiological requirements for toys protocol update

On the 11th January 2022, EC-type approval protocol No. 2 on the microbiological safety of toys containing aqueous media was updated and made available on the European Commission website. This protocol indicates microbiological requirements (limits, test procedures, etc..) for toys with a primary hazard related to aqueous media such as aqueous liquid, modelling clays, finger paints and gels and semi-liquids based on aqueous formulations. The Notified Body toys group has developed this harmonised protocol based on requirements that are applicable for cosmetic products.

France

Last publication related to circular economy and consumer goods

On 15^th February 2022, the Ministry of Economy, Finance and Recovery published information on the donation of unsold non-food items according to environmental legislation and AGEC law. To read the official publication in full, consult the French economy website here.

On 6^th January 2022, the Ministry of Ecological and Inclusive Transition notified the European Commission of the following notification related to Law No 2020-105 of 10 February 2020 (AGEC law) on combating waste and on the circular economy:

Order specifying the substances contained in mineral oils prohibited for use on packaging and for printed matter distributed to the public.

DGCCRF Technical publications

The most last publication of the Direction générale de la concurrence, de la consommation et de la répression des fraudes (DGCCRF) related to Childcare products and toys:

Date	Publication
24/01/2022	The DGCCRF regularly undertakes investigations in the childcare sector. In 2020, it again dedicated a survey to the safety of several particularly common childcare items, including strollers, bathing aids and bed reducers. DGCCRF has realeased the results of this investigation. The safety of the childcare articles in question
24/01/2022	Practical sheets: Magnetic marbles This document provides information related to the risks, use guidelines and labelling of magnetic marbles which can be very dangerous for young children.
27/01/2022	Practical sheets: Water beads or pearls The balls or 'pearls' of water made of hydrophilic polymers (sodium polyacrylate) are translucent and usually brightly coloured which are used as decorative items. These items are an attractive product to young children, who may put them in their mouths and eat them. This document informs readers of the risks and gives advice in case of ingestion.

Amendment on flame retardants requirements in New York

On January 24^th, 2022, the governor of the state of New York signed S7737/A8723 into law to amend Title 10 to Article 37 of the Environmental Conservation Law related to S. 4630-B and A. 5418-B which was approved on 31^st December 2021. The law was amended to read as follows:

Changes in the definitions of Custom upholsterer and Organohalogen flame retardant chemicals.
New cut-off dates to not sell or offer for sale upholstered furniture or mattress that contain flame retardants

Date	Goods	Article of Environmental law
01/12/2024	Furniture and mattresses.	§ 37-1003
01/12/2025	Repair, reupholster, re-cover, restore, or renew upholstered furniture or reupholstered furniture using replacement components	§ 37-1003
01/12/2024	Electronic display	§ 37-1003

Certification of compliance requirements and definitions.

CPSC approves new Federal Safety Standard for crib mattresses

On February 15th, the U.S. Consumer Product Safety Commission (CPSC) published in the Federal Register a final rule, establishing a safety standard for crib mattresses (16 CFR 1241). The new rule incorporates by reference the most recent version of the voluntary standard, ASTM F2933-21, with modifications.

The scope of products within the final rule includes full-size crib mattresses, non-full-size crib mattresses, and after-market mattresses for play yards.

The CPSC is also finalising an amendment to its regulations (16 CFR 1112 and 16 CFR 1130) regarding third party conformity assessment bodies to include the safety standard for crib mattresses in the list of notices of requirements (NOR), along with an amendment to the consumer registration rule, to identify crib mattresses as a durable infant or toddler product subject to consumer registration requirements.

The final rule will be effective from August 15^th, 2022.

CPSC Publications (proposed rules and others)

The last publication of U.S. Consumer Product Safety Commission (CPSC):

Date	Publication
03/02/2022	A Proposed Rule: Safety Standard for Clothing Storage Units Submit comments by April 19, 2022.
03/02/2022	Product Instability or Tip-Over Injuries and Fatalities Associated with Television, Furniture, and Appliances: 2021 Report
15/02/2021	A Proposed Rule: Safety Standard for Operating Cords on Custom Window Coverings; Notice of Opportunity for Oral Presentation of Comments Notice of proposed rulemaking; notice of opportunity for oral presentation of comments.
15/02/2022	A Proposed Rule: Safety Standard for Magnets; Notice of Opportunity for Oral Presentation of Comments. Notice of proposed rulemaking; notice of opportunity for oral presentation of comments.

Lead requirement for decorative lightings items in New York

On 28th February 2022, New York Bill No. A04522A related to seasonal and decorative lighting products containing lead came into effect.

This Act indicates that on each seasonal and decorative lighting product that contains an electrical cord casing in which lead is present in a quantity greater than 100 ppm, the product shall be printed thereon or have attached a warning label reading:

“WARNING: HANDLING THE COATED ELECTRICAL WIRE OF THIS PRODUCT MAY EXPOSE YOU TO LEAD. WASH HANDS THOROUGHLY AFTER USE.”

Seasonal and decorative lighting products are defined as portable, plug-connected, temporary-use lighting products and accessories that have a nominal 120-volt input voltage rating. Such lighting products include, but are not limited to, lighted decorative items such as wired holiday string lights, pre-lit artificial Christmas trees, plants, flowers or wreaths, stockings, stars, candles and light sculptures.

Canada

Health Canada guidelines regarding the Consumer Products Containing Lead Regulations

In January 2022, Health Canada published guidelines about the safety requirements of lead content in accessible parts of certain consumer products. This document provides information about the safety requirements (examples of products within the scope of the Regulations, exceptions and test methods) set out in the Consumer Products Containing Lead Regulations (CPCLR) under the Canada Consumer Product Safety Act (CCPSA) for consumer products manufactured, imported, advertised or sold in Canada.

the CPCLR were amended in 2018 to expand their scope to include:

products intended for use in learning or play (toys) by children under 14 years of age;
clothing or clothing accessories intended for use by a child under 14 years of age
products whose primary purpose is to facilitate the relaxation, sleep, hygiene, carrying or transportation of a child under 4 years of age.

For more information, consult the guidelines in English here and in French here.

Australia

New requirements for button /coin batteries

On 22^nd June 2022, the following four mandatory standards for button and coin batteries will come into force:

They explain how products and their packaging should be designed, and the warnings and safety information that must be provided with them.

The main markings and warnings requirements are:

Button/Coin Batteries
Warning	Examples of internationally recognised symbols		Exemptions
Button/coin batteries with a diameter of 20 mm or more must be marked with a 'keep out of reach of children' symbol on the battery itself.	Keep out of reach of children	Safety alert	This mandatory standard does not apply to button/coin batteries supplied in bulk intended to be used in trades, professions or industries and which are not intended for sale to the general public.

Products containing Button/Coin Batteries
Warning	Examples of internationally recognized symbols		Exemptions
Warning: Contains button or coin cell battery. Hazardous if swallowed – see instructions	You can also use the warning symbol with text that explains the warning.		Consumer goods that were first supplied to a consumer before the requirements became mandatory Professional equipment where all of the following apply: the equipment is intended to be used in trades, professions or industries the equipment is not intended for sale to the general public the equipment is not intended to be used where children are present Audio-visual and information and communications technology equipment containing button/coin batteries that are soldered in place.

During the transition period, between on 21^st December 2020 and 22^nd June 2022, all participants in the supply chain (manufacture, import, distribute or retail) have time to:

make any manufacturing and design changes to products and packaging
undertake any testing necessary to ensure compliance with the new standards
remove non-compliant stock or get new stock that is compliant.

For more information, consult the Australian Competition & Consumer Commission (ACCC) website here.

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COVID-19 | Testing, inspection and certification of products and devices

Eurofins labs at work worldwide to keep you healthy and safe

Eurofins has developed global leading testing, inspection, regulatory and certification services in the North America, Europe and Asia, focused on medical face masks, gloves and gowns, respiratory protective devices and equipment, its materials and components, as well as disinfectants and hand sanitizers, ensuring that PPE and Medical Devices manufacturers are able to provide the indispensable support needed in the fight against the coronavirus.

With a service offering that covers a scope spanning from product concept and risk assessment, Notified Body services, through chemical, biological, physical, mechanical or electrical testing, efficacy and performance evaluations and all the way down to product certification and quality controls, Eurofins strives to be the one-stop solution provider for its clients supplying PPEs and Medical Devices to the healthcare sector worldwide.

More information on this global service offer is available here.

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