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Media Centre >> News >> Regulatory updates 12-2022

Consumer Products | Monthly bulletin | December 2022

Eurofins newsflash Consumer Products

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

Chemical

Europe

Forum enforcement projects 2023-2025 on imported products

On 16 November 2022, ECHA announced the next REACH enforcement project. The new REACH-EN-Force will aim to control the imports of substances, mixtures and articles. It will investigate how companies fulfil the registration, authorisation and restriction obligations for products and chemicals they import from outside the EU. The project will run in 2023-2025 with the cooperation of national customs authorities and REACH inspectors.

This project arose as a result of the 2019 pilot project, the results of which indicated that 23% of inspected products were non-compliant with requirements set by EU law and that further controls are necessary.

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

Additional recent updates regarding REACH Regulation

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

Summary of the most recent updates
Date	Subject	Link
28/10/2022	Perfluoroalkyl chemicals (PFASs). ECHA has published news on PFAS, sharing the last updates, restrictions and restriction proposals for 2022 and 2023.	More information on ECHA’s website here.
02/11/2022	EHCA opened a call for evidence on polyvinyl chloride (PVC) and its additives related to: Uses; EU volumes per use sector and end-use; End-of-life information per use; and Experimental/measured release and exposure information. This information will be used for the investigation report on PVC and its additives, which was requested by the European Commission.	More information on ECHA’s website here.
04/11/2022	Report on the pilot project on recovered substances exempted from REACH registration The European Chemicals Agency’s Forum for Exchange of Information on Enforcement (Forum) has finalised its pilot project that explored, for the first time, the interface between REACH and waste legislation (Waste Framework Directive), in particular, for substances recovered from waste. The pilot project ran in 11 Member States. This pilot project assessed the compliance of recovered materials against REACH Article 2(7)(d) and results reveal that 26 % of checked substances are in breach of REACH.	More information on ECHA’s website here.
07/11/2022	SCIP database has been extended to European Economic Area SCIP database is ready to receive notification of companies from Iceland, Liechtenstein and Norway. These countries can submit notification to ECHA related to substances of very high concern in articles.	More information on ECHA’s website here.
07/11/2022	Study of the EU market for nanomaterials, including substances, uses, volumes and key operators The study provides a list of nanomaterials currently on the market and identifies key market operators. It also predicts growth in the European nanomaterial market over the period 2021 – 2025. As the study was carried out before the crisis arising from the war in Ukraine, the impact of this on the study outcomes is unknown. The study was carried out in 2021.	More information on EUON’s website here.
09/11/2022	Restriction proposals for bisphenols and creosote are available on the ECHA website. The opening date for consultations is pending. The proposals will be evaluated by ECHA’s scientific Committees for Risk Assessment (RAC) and Socio-Economic Analysis (SEAC).	More information on ECHA’s website here.

Other interesting links about REACH from the ECHA’s website

Other interesting links about CLP from the ECHA’s website

Miscellaneous technical publications relating to chemicals

The latest publications in relation to chemicals are summarised in the table below:

Date	Country/ Region	Entity	Publication
26/10/2022	Europe	European Commission	Guidance for safe and sustainable chemicals and materials published (SRIP) The European Commission published this guide with the aim to accelerate the shift to safe and sustainable chemicals and materials. In order to boost the protection of people and the planet against hazardous substances, the SRIP highlights crucial research and innovation needs for this transition and guides funders in their investments.
28/10/2022	Europe	European Commission	Electrical equipment – hexavalent chromium as an anticorrosion agent in gas absorption heat pumps (RoHS exemption) This initiative concerns a request for an exemption for hexavalent chromium as an anticorrosion agent in the working fluid of the carbon steel sealed circuit of gas absorption heat pumps, which are considered to be EEE.
02/11/2022	Albania	Albanian Council of Ministers	Decision No. 691 of October, 2022 Decision No. 691/2022 was published which amends Decision 360/2015 on persistent organic pollutants (POP). In part, this amendment approximates European Regulation (EU) 2019/1021 on POP. It became effective on December 1, 2022.
07/11/2022	Belgium	Sante publique, sécurité de la chaine alimentaire et environnement	The Belgian Service public Fédéral make a variety of pedagogical material and information available, due to the large number of accidents involving chemical products such as detergents, disinfectants and biocides. For more information, consult the Belgium health website here.

France

Mandatory environmental information in consumer products

A product’s environmental qualities and characteristics is very relevant for consumers. It will therefore be mandatory for all consumer products place in the French market in 2023.

According to Decree 2022-748 of 29 April 2022 relating to consumer information on the environmental qualities and characteristics of waste-generating products, this obligations will come into force gradually.

Below is a summary table with the main dates and turnover of the companies:

Environmental characteristics of waste-generating products
Date	For producers, importers and any other marketers
	Annual turnover	Responsible annually
From 1 January 2023	>50 million euros	>25,000 units of the products
	They are not applicable to products for which the last unit is placed on the market between January 1 and March 31, 2023.
From 1 January 2024	> 20 million euros	>10,000 units of the products
From 1 January 2025	>10 million euros	>10,000 units of the products

This information shall be available in a dematerialised format, accessible free of charge at the time of purchase and reusable so as to allow aggregation.

The producer or importer shall make available the information provided on a dedicated website or internet page comprising a sheet entitled “product sheet relating to the qualities and environmental characteristics” so as to allow direct research and queries on the internet as well as the extraction of data for possible automated processing of the information presented.

For more information, consult the Ministry of Energy Transition’s website here and Frequently Asked Questions (FAQ)

Spain

News on plastic tax

From 1^st January 2023, the new environmental tax that applies to non-reusable plastic containers will come into force. Through Law 7/2022, of April 8, on waste and contaminated soils, the new special tax on non-reusable plastic containers has been established, which is related to the Law on packaging and packaging waste. The main changes are related to the incorporation of the special tax on non-reusable plastic containers. The following bullet points summarise the most important changes:

The tax will aim to promote the prevention of the generation of non-reusable plastic packaging waste, as well as promoting the recycling of plastic waste, contributing to the circularity of this material.
The definition of hazardous waste of sanitary origin has been incorporated, which is exempt from the tax.
The time in which the exemption from the tax on containers within the scope of application that have been imported or acquired intra-community, and which weight 5kg or less, has been limited to one month.
Recycled plastic certified by the UNE-EN 15343-2008 standard is accepted, as well as that from duly certified chemical recycling.
Date of entry into force: 1^st January 2023.

If you need information or have questions about the procedures related to the new tax, consult the new documents published on the Tax Agency website, here.

Updates related to waste packaging

The latest publications in relation to waste packaging and Producer Responsibility Obligations are summarised in the table below:

Date	Code	Publication
27/10/2022	S.I. 2022 No.286	The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2022 These Regulations set an overall recycling target and material-specific recycling targets for 2023 for obligated producers in Northern Ireland in relation to glass, plastic, aluminium, steel, paper/board and wood.
27/10/2022	S.I. 2022 No. 288	The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2022 These regulations amend the Waste Management Licensing Regulations (Northern Ireland) 2003 (the 2003 Regulations) and prescribe the accepted technical competencies for the purpose of determining if a person can be deemed a fit and proper person to hold a waste management licence.
27/10/2022	S.I. 2022 No. 289 (C.26)	The Waste and Contaminated Land (Amendment) (2011 Act) (Commencement No.3) Order (Northern Ireland) 2022 This order brings into operation sections 4 and 5 of the Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011 on 2nd January 2023.
09/11/2022	S.I. 2022 No. 330	The Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) Regulations 2022 These Regulations set an overall recycling target and material-specific recycling targets for 2023 for obligated producers in Scotland in relation to glass, plastic, aluminium, steel, paper/board and wood.

Recent Prop 65 60-Day Notices - PFOA/PFOS

California Proposition 65 is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, which has been effective for almost 30 years. Recently, there have been many new 60-day notices concerning Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic Acid (PFOA). Please see below Table 1 for the recent 60-day notices.

Table 1:

Date	Chemical	Product	AG Number
September 30, 2022	PFOA	Microfiber tablecloth	2022-02322
October 10, 2022	PFOS	Jackets	2022-02404
October 10, 2022	PFOA	Crib mattress pads	2022-02405
October 12, 2022	PFOA	Fabric shower liners	2022-02441
October 12, 2022	PFOA	Golf umbrellas	2022-02442
October 12, 2022	PFOS	Comfort bath pillows	2022-02443
October 17, 2022	PFOS	Bibs	2022-02498
October 17, 2022	PFOS	Superbibs	2022-02499
October 24, 2022	PFOS, PFOA	Waterproof rain jackets	2022-02565
November 8, 2022	PFOA	Duffle bags	2022-02711
November 8, 2022	PFOA	Jackets	2022-02712
November 8, 2022	PFOA	Jackets	2022-02713
November 18, 2022	PFOA, PFOS	Jackets	2022-02788

Taiwan

Taiwan Amends Regulation for Labeling and MSDS for Toxic and Concerned Chemical Substances

On November 4^th, 2022, Taiwan’s Environmental Protection Administration (EPA) issued an amendment to the Regulations for Labeling and Materials Safety Data Sheets for Toxic and Concerned Chemical Substances. The amendment includes the following changes:

Includes requirement that containers or packaging of toxic and concerned chemical substances should comply with the classification and labeling key points that are determined by the national standard CNS 15030 and should clearly mark the following items in accordance with the prescribed format:

Pictograms: A square presented at a 45 degree angle to the vertical direction consisting of a red outline on a white background. The interior of the square should contain a suitable sized black symbol for identification
Contents:
- Name
- Hazardous ingredients: all toxic or concerned chemical substances exceeding the control concentration shall be labeled with the Chinese and English names announced by the competent authority and the CAS number
- Caution words or warnings
- Hazard statements
- Precautionary statements
- Name, address, and telephone number of the manufacturer, vendor, or supplier

Includes minimum dimension requirements for labels; Folding or hangtag labels may be used if unfeasible due to the size, shape, or material of the container or packaging
Includes special warning requirement for concerned chemical substances
Includes requirement for mixtures containing toxic or concerned chemical substances to list the hazardous ingredients on the SDS and label

The amendment went into effect on November 4^th, 2022, except for Article 3 (label content) and Article 4 (minimum dimensions of the label), which will become effective on October 31^st, 2023.

Vietnam

Vietnam Amends Chemical Management Regulation

On October 18^th, 2022, Vietnam issued Decree No. 82/2022/ND-CP to amend certain articles of its chemical management law, Decree No. 113/2017/ND-CP. Effective December 22^nd, 2022, below are some of the key amendments to Decree No. 113/2017/ND-CP under the new decree:

Added 16 new chemicals to Appendix I – List of Chemicals subject to conditional production and trading in the industrial sectors
Changed the threshold for skin/respiratory sensitizer to ≥ 1.0% in Clause 1, Article 24
Changed number 231 to Mercury and its compounds in Table 1 of Appendix I - List of hazardous chemicals that require a chemical incident prevention and response plan
Added 6 new chemicals to Appendix V 0 List of chemicals to be declared
Added a new Appendix II – List of chemicals limited for production and trading in industrial sector
Added Article 10a – Cases not subject to issuance of certificate of eligibility for production and trading of chemicals
Added Article 16a – Cases not subject to issuance of license for production and trading of chemicals

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Cosmetics & Personal Care

Benzene in Cosmetics

One of the major challenges involved in launching a cosmetic product on the market is ensuring that your product meets regulations and is safe for the end user.

Benzene is known to cause cancer in humans according to the World Health Organization (WHO), the International Agency for Research on Cancer (IARC) and the U.S. Centers for Disease Control and Prevention (CDC). Numerous studies have confirmed that exposure to Benzene whether through inhalation, skin absorption, ingestion, skin or eye contact poses significant health hazards.

The United States Food and Drug Administration (FDA) sets minimum testing standards drug companies must follow and relies on those manufacturers to ensure their products are safe.

The FDA recognizes the serious dangers of benzene and lists it as a ‘Class 1 solvent’ that should not be used in standard manufacturing of drugs substances, excipients, and drug products because of its toxicity.

Recently, benzene was found in aerosol cosmetic products such as dry shampoo or antiperspirants, leading to the recall of many of its products.

Eurofins Cosmetics & Personal Care offers the full suite of testing necessary to ensure that your product is compliant, high quality, safe and performant. With our extensive experience, Eurofins is pleased to offer benzene testing for an assortment of aerosol products and can develop specific protocols to meet your needs at very low LOQ. Our teams can also work with you to identify and mitigate any production processes that may lead to the formation of benzene in your product.

Zero waste claim certified

The new Zero Waste to Landfill Certification Service from Eurofins Assurance helps businesses to substantiate their waste reduction commitments and achieve UN Sustainable Development Goal 12 cost-effectively.

The beauty industry has been making great efforts in introducing more environmental-friendly ingredients, materials and processes in recent years to minimise their impacts to the fragile environment. Looking into measuring and reducing solid waste disposal in the production stages is very important as landfill creates much adverse effects.

Designed for different industries including cosmetic and personal care companies, the Certification takes a laser-focused approach to assess and verify the level of effort taken to minimise waste disposal to landfills by the businesses. Upon completion of whole audit process, the businesses will be awarded Zero Waste to Landfill Certificates, which will be valid for 12 months.

You can leverage findings from reports to identify gaps and drive improvement, as well as to improve transparency of your company’s achievement to public by disclosing fact-based results and certificates, which has become more critical as there are more regulations pressing for corporate due diligence.

More information of the Zero Waste to Landfill Certification Service can be found here.

Allergens Testing

Recently, the European Commission published a highly anticipated draft, showing planned amendments to Annex III to Regulation (EC) No. 1223/20093, with a list of a further 46 allergens.

Eurofins has developed a cost-efficient modular testing system to support the demands of their customers. The analysis will be carried out depending on the type of product and its individual analytical requirements, achieved by offering a routine analysis that can also support extended requests within an appropriate time frame.

As a key member of the CEN workshop, our team of experts has installed a state-of-the art GC-MSD method in the laboratory, according to the latest edition of the norm DIN ISO EN 16274 (Methods for analysis of allergens – Quantification of suspected fragrance allergens in consumer products - GC analysis of ready-to-inject sample). Using the CEN method, compliant with the legislation and tailored to the client’s needs, the laboratory analyses 57 fragrance substances in addition to the ‘classical’ 26 allergens, thereby covering the upcoming expected candidates of the amended Annex III.

There remains a gap between allergens included in the SCCS/1459/11 Opinion and those covered by the CEN scope. As a result, the laboratory has launched an additional testing package, consisting of a further 26 allergens.

Learn more

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Softlines & Leather

Europe

Forum enforcement projects 2023-2025 on imported products

In 16 November 2022, ECHA announced the next REACH enforcement project. The new REACH-EN-Force will have as aim the control of imports of substances, mixtures and articles. It will investigate how companies fulfil the registration, authorisation and restriction obligations for products and chemicals they import from outside the EU. It will be done in 2023-2025 with the cooperation of national customs authorities and REACH inspectors.

This project arose as a result of the 2019 pilot project where the results indicated that 23% of inspected products were non-compliant with requirements set by EU law and further controls are necessary.

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

Standards updates

The following table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):

(*) Date of withdrawal: the 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 17528:2022	Clothing - Physiological effects - Measurement of water vapour resistance by means of a sweating manikin	2023-04-30
EN ISO 14389:2022	Textiles - Determination of the phthalate content - Tetrahydrofuran method (ISO 14389:2022)	2023-04-30	EN ISO 14389:2014
EN ISO 11644:2022	Leather - Test for adhesion of finish (ISO 11644:2022)	2023-05-31	EN ISO 11644:2009
EN ISO 7906:2022	Leather - Tests for colour fastness - General principles of testing (ISO 7906:2022)	2023-05-31
EN 15987:2022	Leather - Terminology - Key definitions for the leather trade	2023-04-30	EN 15987:2015
EN ISO 14087:2022	Leather - Physical and mechanical tests - Determination of bending force (ISO 14087:2022)	2023-04-30	EN ISO 14087:2011

France

Mandatory environmental information in consumer products

A product’s environmental and characteristics are relevant information to make available for consumers. It will be mandatory to do so for all consumer products placed on the French market in 2023.

Below a summary table with the main dates and turnover of the companies:

Environmental characteristics of waste-generating products
Date	For producers, importers and any other marketers
	Annual turnover	Responsible annually
From 1 January 2023	>50 million euros	>25,000 units of the products
	Not applicable to products for which the last unit is placed on the market between January 1 and March 31, 2023.
From 1 January 2024	> 20 million euros	>10,000 units of the products
From 1 January 2025	>10 million euros	>10,000 units of the products

This information shall be available in a dematerialised format, accessible free of charge at the time of purchase and reusable so as to allow aggregation.

The producer or importer shall make the information available on a dedicated website or internet page comprising a sheet entitled “product sheet relating to the qualities and environmental characteristics” so as to allow direct research and queries on the internet as well as the extraction of data for the possible automated processing of information.

For more information, consult Ministry of Energy Transition’s website here and Frequently Asked Questions (FAQ).

Environmental information in textiles

On 30^th September 2022, the experiment related to environmental labels on textiles was closed. According to Article 2 of the "Climate and resilience" law (law no. 2021-1104 of August 22, 2021 on the fight against climate change and strengthening resilience to its effects), which cancels and replaces article 15 of the law "Anti-waste and circular economy - AGEC" (law n° 2020-105 of February 10, 2021), requests an experiment in environmental labelling, in particular in the clothing and footwear sector.

Article 2 of the Climate and Resilience Law specifies that environmental labelling must provide information on “the environmental impact of the goods and services considered over their entire life cycle.It must take into account:

Greenhouse gas emissions
Damage to biodiversity
Consumption of water and other natural resources.

The law stipulates that the experiment will be followed by an assessment and a decree making environmental labelling mandatory in June 2023.
At the moment, Environmental labelling is not mandatory in France.

Below, you will find proposals and examples that different textile collectives , entities and some companies are using or have presented in the French market on their own initiative because of this law.

- ADEME

This is an A, B, C, D or E rating displayed on products or services, in store or on the internet, calculated based on the entire life cycle of the product or service, according to a validated reference system.

- UIT

Environmental labelling takes the form of a three-part label covering:

The carbon footprint of the product and the overall environmental impact calculated from 12 environmental indicators, compared to the same product manufactured under average global conditions;
The traceability of the product, which includes the composition of eco-responsible materials and the countries involved in the various stages of the production of the material, spinning, weaving or knitting, dyeing and making; this box also includes the "Triman" indication, intended for the end of life of the product.
Product and brand labels & certifications.

- Traçabilite textile:

Environmental labelling covers:

Raw material origin
Traceability (The locations where the four main stages of manufacture of a textile article take place: SPINNING, WEAVING / KNITTING, ENNOBLING, CONFECTION)
The carbon performance of the manufacturing cycle
A space for brands to defend their supply chain and explain their choices, at their own discretion.
The organization guaranteeing the traceability of the product

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

The Netherlands

Repealing of formaldehyde national requirements for textiles

On 13^th April 2022, Decree of 7 April 2022, was published, repealing the Commodities Act Decree formaldehyde in textiles.

This decision is intended to implement EU legislation. By setting a maximum concentration limit for formaldehyde in textiles in Annex XVII to the REACH Regulation, there is no longer room for national regulation of formaldehyde in textiles.

This decree shall enter into force one day after the date of issue of the Official Gazette in which it is placed.

Miscellaneous technical publications relating to textiles

The latest publications in relation to textiles are summarised in the table below:

Date

Country/ Region

Entity

Publication

05/10/2022

Norway

Norwegian Consumer Authority

Guidance to the sustainable apparel coalition

This guidance concerns traders’ use of environmental product claims in consumer-oriented marketing, based on the Higg Materials Sustainability Index owned by the Sustainable Apparel Coalition.

27/10/2022

Europe

Funding by the Horizon Europe research and innovation programme

T-REX Project (Textile Recycling Excellence)

The project aims to contribute to understanding and identifying the infrastructure, technology and policies needed to encourage the growth of circular value chains in the textile industry. The partners will work towards developing a systematic approach to addressing the problem of textile waste, resource preservation and the reduction of the environmental footprint of the fashion industry.

Recent Prop 65 60-Day Notices - PFOA/PFOS

Table 1:

Date	Chemical	Product	AG Number
September 30, 2022	PFOA	Microfiber tablecloth	2022-02322
October 10, 2022	PFOS	Jackets	2022-02404
October 10, 2022	PFOA	Crib mattress pads	2022-02405
October 12, 2022	PFOA	Fabric shower liners	2022-02441
October 12, 2022	PFOA	Golf umbrellas	2022-02442
October 12, 2022	PFOS	Comfort bath pillows	2022-02443
October 17, 2022	PFOS	Bibs	2022-02498
October 17, 2022	PFOS	Superbibs	2022-02499
October 24, 2022	PFOS, PFOA	Waterproof rain jackets	2022-02565
November 8, 2022	PFOA	Duffle bags	2022-02711
November 8, 2022	PFOA	Jackets	2022-02712
November 8, 2022	PFOA	Jackets	2022-02713
November 18, 2022	PFOA, PFOS	Jackets	2022-02788

China

China Issues new and updated Product Standards

The Chinese Ministry of Industry and Information Technology has recently released various new and updated industry and national product standards. Please see Table 1 below:

Table 1:

Category	Standard
Bag & Luggage	QB/T 5856-2022 Vacuum seal storage bag
Bag & Luggage	GB/T 41002-2022 Children’s cases and bags
Footwear	QB/T 1653-2022 Polyvinyl chloride (PVC) injection molded sandals and slipper HG/T 2019-2022 Black rain boots (shoes)
Textile & Apparel	FZ/T 44008-2022 Chemical filament cleaning wipes
	FZ/T 44009-2022 Tussah sleeping mat
	GB/T 41788-2022 Multifunctional knitted products
	GB/T 41902-2022 Nursing garments
	QB/T 1196-2022 Down and feather pillows and cushion
	QB/T 1195-2022 Down and feather sleeping bags
	QB/T 1193-2022 Down and feather quilt
	QB/T 2540-2022 Leather bracelet
	FZ/T 81007-2022 Casual wear
	FZ/T 81004-2022 Dress and Suit
	FZ/T 08002-2022 Textile products for newborn

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Toys, Childcare & Hardlines

Europe

Forum enforcement projects 2023-2025 on imported products

On 16^th November 2022, the ECHA announced the next REACH enforcement project. The new REACH-EN-Force will aim to control the imports of substances, mixtures and articles. It will investigate how companies fulfil the registration, authorisation and restriction obligations for products and chemicals they import from outside the EU. It will be carried out in 2023-2025 with the cooperation of national customs authorities and REACH inspectors.

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

Standards updates

The following table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):

(*) Date of withdrawal: the 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 17737:2022	Hardware for furniture - Test and evaluation methods for the corrosion resistance of furniture fittings	2023-05-31
EN 15354:2022	Plastics - Extruded and/or calendered, non-reinforced film and sheeting made of plasticized poly(vinyl chloride) (PVC-P) - Characterization and designation	2023-04-30	CEN/TS 15354:2006
EN ISO 12625-15:2022	Tissue paper and tissue products - Part 15: Determination of optical properties - Measurement of brightness and colour with C/2° (indoor daylight) illuminant (ISO 12625-15:2022)	2023-04-30	EN ISO 12625-15:2015
EN ISO 26986:2012/A1:2022	Resilient floor coverings - Expanded (cushioned) poly(vinyl chloride) floor covering - Specification - Amendment 1 (ISO 26986:2010/Amd 1:2022)	2023-04-30

Miscellaneous technical publications relating to consumer products

The latest publications in relation to consumer products are summarised in the table below:

Date	Country/ Region	Entity	Publication
31/10/2022	Europe	European Commission	Commission Implementing Regulation (EU) 2022/1998 of 20 September 2022 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
09/11/2022	Europe	EFSA	Safety assessment of the process Polyfab Plastics, based on Starlinger deCON technology, used to recycle post‐consumer PET into food contact materials

France

Mandatory environmental information in consumer products

A product’s environmental qualities and characteristics is very relevant for consumers. It will therefore be mandatory for all consumer products place in the French market in 2023.

Below is a summary table with the main dates and turnover of the companies:

Environmental characteristics of waste-generating products
Date	For producers, importers and any other marketers
	Annual turnover	Responsible annually
From 1 January 2023	>50 million euros	>25,000 units of the products
	They are not applicable to products for which the last unit is placed on the market between January 1 and March 31, 2023.
From 1 January 2024	> 20 million euros	>10,000 units of the products
From 1 January 2025	>10 million euros	>10,000 units of the products

This information shall be available in a dematerialised format, accessible free of charge at the time of purchase and reusable so as to allow aggregation.

For more information, consult the Ministry of Energy Transition’s website here and Frequently Asked Questions (FAQ)

Technical publications related waste and consumer products

Recent publications by the French authorities and Ministry of Energy Transition related to consumer products and waste include:

Date	Publication
15/09/2022	FAQ relating to TRIMAN signage and information specifying the sorting methods Application of article L. 541-9-3 of the environment code
03/10/2022	Definition of refill The 3R strategy of the Ministry of Ecological Transition; refilling is mentioned as part of the 3R strategy by participating in the reuse of the associated refillable packaging (AGEC law, Decree No. 2021-517 of April 29, 2021). However, there is no regulatory definition (France or Europe) of charging. This is why the entire value chain of the packaged product represented by the National Packaging Council (CNE) offers a definition.
14/10/2022	Rental of DIY or gardening equipment: maintenance is satisfactory but consumer information is not. In 2021, the DGCCRF conducted a survey of 160 establishments renting DIY and gardening equipment. Even iflawnmowers, electric saws, drills and other equipment are properly maintained, consumer information on their use and rental conditions still need to be improved.
14/10/2022	Sorting of waste The sorting of waste is defined as the operations by which waste is separated and stored, by category, according to its type and nature. Sorting is an essential step in the waste treatment chain. This news piece explains sorting in the following collectives: In private homes In the administrations In companies In establishments open to the public
26/10/2022	Order of October 14, 2022 modifying the specifications pertaining to eco-organisations in the sector of extended responsibility of the producers of components for furniture designated in article R. 543-240 of the environmental code. It amends the specifications for eco-agencies in the furniture waste industry (dea) designated in article r. 543-240 of the environmental code.
09/11/2022	Five industrial sectors supported in their reindustrialization Toys, watches, bicycles, textiles and shoes are five sectors where players have mobilised in the direction of “Made in France” or “Re-Made in France” through an industrial relocation movement.
18/11/2022	Everything you need to know about the repairability index Since January 1, 2021, the repairability index has provided you with information on this subject. On November 2, 2022, the repairability index was extended and became mandatory for the following products: Top loading washing machine Dishwasher High pressure cleaner Corded, cordless and robot vacuum cleaner. For more information, consult the Ministry of Energy Transition’s website here.

Spain

Aniline is incorporated into the Spanish legal system for toys

On 3rd November 2022, the Order PCM/1048/2022 related to toy safety was published by the Ministry of the Presidency, Relations with the Courts and Democratic Memory.

The main takeaway is the modification of Annex II of Royal Decree 1205/2011, of August 26, on the safety of toys. By means of this order, Directive (EU) 2021/903 of the Commission, of June 3, 2021, which modifies Directive 2009/48/EC of the European Parliament and of the Council, has been incorporated into the Spanish legal system, with regard to the specific limit values for aniline in certain toys.

In Appendix C of Annex II, the following entry is added to the table in the first paragraph:

Substance	CAS number	Limit value
Aniline	62-53-3	30mg/kg after reducing fragmentation on textile material of toys and leather material of toys.
		10mg/kg as free aniline in finger paints.
		30mg/kg after performing a reduction fragmentation in finger paint.

This order entered into force on December 4, 2022.

News on plastic tax

The tax will aim to promote the prevention of the generation of non-reusable plastic packaging waste, as well as promoting the recycling of plastic waste, contributing to the circularity of this material.
The definition of hazardous waste of sanitary origin has been incorporated, which is exempt from the tax.
The time in which the exemption from the tax on containers within the scope of application that have been imported or acquired intra-community, and which weight 5kg or less, has been limited to one month.
Recycled plastic certified by the UNE-EN 15343-2008 standard is accepted, as well as that from duly certified chemical recycling.
Date of entry into force: 1^st January 2023.

If you need information or have questions about the procedures related to the new tax, consult the new documents published on the Tax Agency website, here.

The use of CE mark deadline has been extended for UK market

On 14^th November 2022, the UK government announced that it will bring forward legislation which would continue to allow recognition of the CE marking and the reversed epsilon marking for most goods that are being placed on the market or put into service before 31^st December 2024.

This is mean that, in most cases, if your product has been placed on the GB market with a CE mark before 31^st December 2024, it does not need to be remarked or recertified according to UKCA requirements and can continue to circulate on the GB market until it reaches its end user. This also includes where the CE marked product was conformity assessed and certified under EU conformity assessment procedures before 31^st December 2024. This measure will apply to the following relevant consumer products, among others:

Toys
Electromagnetic compatibility
Radio equipment
Personal protective equipment (PPE)
Ecodesign
Aerosols
Low voltage electrical equipment

Below, a summary date table:

Placing goods on the market in Great Britain
Type of product	Accepted markings or combination of markings
Manufactured products being placed on the GB market before 11pm on 31 December 2024	UKCA or CE
Manufactured products placed on the GB market as of 11pm on 31 December 2024	UKCA
Placing qualifying Northern Ireland goods on the market in Great Britain (unfettered access)
Type of product	Accepted markings or combination of markings
Qualifying Northern Ireland products being placed on the GB market under unfettered access	CE or CE and UKNI

The UK government intends to introduce legislation enabling the UKCA marking to be placed on a label affixed to the product or on a document accompanying the product until 31^st December 2027. This measure will apply to the following relevant regulations for consumer products among others:

Aerosol Dispensers Regulations 2009
Electrical Equipment (Safety) Regulations 2016
Electromagnetic Compatibility Regulations 2016
Radio Equipment Regulations 2017
Regulation (EU) 2016/425 and the Personal Protective Equipment (Enforcement) Regulations 2018
The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012
Toys (Safety) Regulations 2011

For more information, consult the UK government website here.

Updates related to waste packaging

The latest publications in relation to waste packaging and Producer Responsibility Obligations are summarised in the table below:

Date	Code	Publication
27/10/2022	S.I. 2022 No.286	The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2022 These Regulations set an overall recycling target and material-specific recycling targets for 2023 for obligated producers in Northern Ireland in relation to glass, plastic, aluminium, steel, paper/board and wood.
27/10/2022	S.I. 2022 No. 288	The Waste Management Licensing (Amendment) Regulations (Northern Ireland) 2022 These regulations amend the Waste Management Licensing Regulations (Northern Ireland) 2003 (the 2003 Regulations) and prescribe the accepted technical competencies for the purpose of determining if a person can be deemed a fit and proper person to hold a waste management licence.
27/10/2022	S.I. 2022 No. 289 (C.26)	The Waste and Contaminated Land (Amendment) (2011 Act) (Commencement No.3) Order (Northern Ireland) 2022 This order brings into operation sections 4 and 5 of the Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011 on 2nd January 2023.
09/11/2022	S.I. 2022 No. 330	The Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) Regulations 2022 These Regulations set an overall recycling target and material-specific recycling targets for 2023 for obligated producers in Scotland in relation to glass, plastic, aluminium, steel, paper/board and wood.

Miscellaneous technical publications relating to Consumer products

The latest publications in relation to consumer products are summarised in the table below:

Date

Entity

Publication

28/10/2022

Confederation of paper industries

CPI publishes revised Design for Recyclability Guidelines

The revised version defines components of paper such as filling material, starch, coating colorants, binding material, and additives—and those that can be problematic—such as laminates, coatings, inks, varnishes, and adhesives. The guidelines also recommends that potentially problematic components be limited to a maximum of 10% of total package weight.

14/11/2022

Import, export and customs for businesses

Guidance: Claiming preferential rates of duty between the UK and EU

This guidance explains how to claim preferential rates of duty on goods covered in the UK's deal with the EU and how to declare goods imported into the UK on your import declaration.

Moldavia

European harmonised standard adoption for toys

On 7^th October 2022, the Ministry of Economy published Order No. 92 of September 27, 2022 regarding the approval of the list of Moldavan standards regarding the safety of toys that are harmonised with European standards/Technical Regulation.

This order repeals the Order no. 39/2021 related to the List of Moldovan standards for the safety of toys.

The list of standards found in the Annex of this order overrules the Commission Implementing Decision (EU) 2021/1992 of November 15, 2021 on harmonized standards for toys.

International

Regulatory proposals notified to the WTO

The following table summarises the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive):

Notification number	Countries	Category	Title
G/TBT/N/ISR/1274	Israel	childcare	SI 873 -School bag The existing Mandatory Standard, SI 873, dealing with school bags, shall be declared voluntary. This declaration aims to remove unnecessary obstacles to trade and lower trade barriers.
G/TBT/N/AUS/146	Australia	sports	Review of the mandatory standard for bicycle helmets The mandatory safety standard for bicycle helmets references certain requirements in the 2008 edition of the voluntary Australian standard. The voluntary Australian standard was updated in 2020.
G/TBT/N/GBR/49/Add.1	UK	Consumer products	The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 This is the final text previously entitled the Product Safety (Amendment) Regulations 2022. The UK Government intends to extend the recognition of goods meeting EU requirements and markings on the market in Great Britain for a further two years, until 31 December 2024.

CPSC Approves Final Rules for Corded Window Coverings

On November 2^nd, 2022, the U.S. Consumer Product Safety Commission (CPSC) approved two new final rules to address the risk of strangulation deaths and serious life-threatening injuries to children from corded window coverings.

First, the CPSC passed a new final rule to amend 16 CFR 1120 to add non-compliant window covering cords to the substantial product hazard list. Under the new rule, the following will be deemed substantial product hazards:

Stocking window coverings that fail to comply with one or more of the following requirements of ANSI/WCMA A100.1-2018:
- Operating cord requirements in section 4.3.1.1 (cordless operating system), 4.3.1.2 (short static or access cord), or 4.3.1.3 (inaccessible operating cord);
- Inner cord requirements in sections 4.5, 6.3, 6.7, and Appendices C and D; and
- On-product manufacturer label requirement in section 5.3

Custom window coverings that fail to comply with one or more of the following requirements of ANSI/WCMA A100.1 – 2018:
- Inner cord requirements in sections 4.5, 6.3, 6.7, and Appendices C and D; and
- On-product manufacturer label in section 5.3.

This rule will go into effect 30 days after publication in the Federal Register for window covering products manufactured after that date.

Second, the CPSC passed a new federal safety standard for operating cords on custom window coverings (16 CFR 1260) to address the unreasonable risk of strangulation to children 8 years old and younger from custom window coverings with accessible operating cords longer than 8 inches. The new rule will require that operating cords on custom window coverings meet the same requirements as operating cords on stock window coverings, as set forth in the applicable voluntary standard, ANSI/WCMA A100.1-2018.

The new rule will require the following:

(a) Requirements for operating cords. Each custom window covering shall comply with section 4.3.1 or 4.3.2.5.2, instead of section 4.3.2, of ANSI/WCMA A100.1—2018.
(b) Requirements for rigid cord shrouds. If a custom window covering complies with paragraph (a) of this section by using a rigid cord shroud to make an operating cord inaccessible, the rigid cord shroud shall meet the requirements in section 6.3, of ANSI/WCMA A100.1—2018 and shall not have an accessible cord when tested for cord accessibility using the test methods for rigid cord shrouds.

The new rule will also prohibit stockpiling, as manufacturers and importers of custom window coverings may not manufacture or import non-compliant products in any 180-day period between November 28^th, 2022, and May 30^th, 2023, at a rate that is greater than 120% of the rate at which they manufactured or imported custom window coverings during the base period for the manufacturer. The base period is any period of 180 consecutive dates, chose by the manufacturer or importer, in the 5-year period immediately preceding November 28^th, 2022.

The effective date of the new rule is May 30, 2023.

CPSC Publishes Final Rule of the New Mandatory Standard for Clothing Storage Units

On November 25^th, 2022, the Consumer Product Safety Commission (CPSC) published 16 CFR 1261, the Safety Standard for Clothing Storage Units (CSUs), in the Federal Register. The new mandatory safety standard will take effect on May 24^th, 2023.

The new mandatory standard addresses the risk of injury or death of young children from tip over incidents with CSUs, which includes products such as chests, bureaus, dressers, armoires, wardrobes, chests of drawers, drawer chests, chifforobes and door chests. The new standard contains minimum stability requirements and marking and labeling of safety and identification information requirements that are different from the previous voluntary industry standard ASTM F2057-19 for CSUs.

Please see below brief overview of the key differences between 16 CFR 1261 and ASTM F2057-19. For more details and specifics on this comparison, please contact your Eurofins Account Manager.

CPSC STANDARD (16 CFR 1261)	ASTM F2057-19
Requirements for interlocks (1261.3)
Gradually apply over a period of at least 5 seconds a 30-pound horizontal. Pull force on each locked drawer, one drawer at a time, and hold the force for at least 10 seconds. Performance requirement. The interlock will be disabled or bypassed for the stability testing in § 1261.4(c).	Not mentioned
Requirements for stability:
Tilt the clothing unit forward by placing a test block (0.43”) under the unit’s most rear floor support. The purpose of which is to simulate a tilt associated with clothing storage units placed on carpeted surfaces. Note: Using a 0.43 inch test block would provide an equivalent tilt angle to that in the NPR and adequately simulate the effect of carpet.	Does not consider tilting associated with use on carpeting. (Testing will be performed on Flat surface)
Static loads to be placed within storage compartments will be determined via the functional volume of drawers and other storage compartments (if 50 percent or more of the drawers and pull out shelves by functional volume are open (without interlock); if less than 50 percent of the drawers and pull out shelves by functional volume are open (with interlock))	Does not consider the loading of storage compartments.
Test method (with Method 1 & Method 2): All these methods are also performed when the storage units are loaded as calculated above. Dynamic forces will be applied to extended drawer fronts with pre-loaded drawers. The purpose of which is to simulate the dynamic forces associated with children climbing on units. Different test methods and requirements than those in ASTM F2057-19 standard	Test method: Does not consider dynamic forces, instead the standard requires that static loads are applied to extended drawer fronts.
Requirements to provide performance and technical data by labeling. The manufacturer shall provide a hang tag with every clothing storage unit that provides the ratio of tip-over moment as tested to the minimally allowed tip-over moment of that model clothing storage unit. Size. Every hang tag shall be at least 5 inches wide by 7 inches tall. The scale shall start at 1 and end at 2. There are two sides for the hangtag. Format. The hang tag shall be formatted as shown in below figures. The background of the front of the tag shall be printed in full bleed process yellow or equivalent; the background of the back of the tag shall be white. All type and graphics shall be printed in process black.	The standard has a binary pass/fail output.
Requires warning labels be displayed on products. Format. The warning label shall use the signal word panel content and format specified in Section 8.2.2 of ASTM F2057-19, Standard Safety Specification for Clothing Storage Units, and the font, font size, and color specified in Section 8.2.3 of ASTM F2057-19 (incorporated by reference, see paragraph (c) of this section). Each safety symbol shall measure at least 1 inch by 1 inch. See figure 4 to this paragraph (a)(3). Size. The warning label shall be at least 2 inches wide by 2 inches tall. Location: For units with one or more drawer(s): The warning label shall be located on the interior side panel of a drawer in the upper most drawer row or, if the top of the drawer(s) in the upper most drawer row is more than 56 inches from the floor, on the interior side panel of a drawer in the upper most drawer row below 56 inches from the floor, as measured from the top of the drawer. The top left corner of the warning label shall be positioned within 1 inch of the top of the drawer side panel and within the front 1/3 of the interior drawer depth. For units with only doors: The warning label shall be located on an interior side or back panel of the cabinet behind the door(s), or on the interior door panel. The warning label shall not be obscured by a shelf or other interior element.	Requires that F2057-19 warning labels be displayed on products. Or Location: The warnings label shall be in a conspicuous location when in use; the back of the unit intended to be placed against the wall is not considered conspicuous when in use. Ex: On the interior side panel of a drawer in the upper most drawer. For Door: On an interior side or back panel of the cabinet behind the door(s), or on the interior door panel.
Requires warning labels be displayed on products. Format. The warning label shall use the signal word panel content and format specified in Section 8.2.2 of ASTM F2057-19, Standard Safety Specification for Clothing Storage Units, and the font, font size, and color specified in Section 8.2.3 of ASTM F2057-19 (incorporated by reference, see paragraph (c) of this section). Each safety symbol shall measure at least 1 inch by 1 inch. See figure 4 to this paragraph (a)(3). Size. The warning label shall be at least 2 inches wide by 2 inches tall. Location: For units with one or more drawer(s): The warning label shall be located on the interior side panel of a drawer in the upper most drawer row or, if the top of the drawer(s) in the upper most drawer row is more than 56 inches from the floor, on the interior side panel of a drawer in the upper most drawer row below 56 inches from the floor, as measured from the top of the drawer. The top left corner of the warning label shall be positioned within 1 inch of the top of the drawer side panel and within the front 1/3 of the interior drawer depth. For units with only doors: The warning label shall be located on an interior side or back panel of the cabinet behind the door(s), or on the interior door panel. The warning label shall not be obscured by a shelf or other interior element.	Requires that F2057-19 warning labels be displayed on products. Or Location: The warnings label shall be in a conspicuous location when in use; the back of the unit intended to be placed against the wall is not considered conspicuous when in use. Ex: On the interior side panel of a drawer in the upper most drawer. For Door: On an interior side or back panel of the cabinet behind the door(s), or on the interior door panel.
Identification Mark The clothing storage unit shall have an identification mark or label. Size. The identification mark or label shall be at least 2 inches wide by 1 inch tall. Content. The identification mark or label shall contain the following: Name and address (city, state, and zip code) of the manufacturer, distributor, or retailer; the model number; and the month and year of manufacture. The statement “Complies with U.S. CPSC Safety Standard for Clothing Storage Units,” as appropriate; this label may spell out “U.S. Consumer Product Safety Commission” instead of “U.S. CPSC.” Format. The identification mark or label text shall not be less than 0.1 in. (2.5 mm) capital letter height. The text and background shall be contrasting colors ( e.g., black text on a white background). Location. The identification mark or label shall be visible from the back of the unit when the unit is fully assembled. Permanency. The identification mark or label shall be legible and attached after it is tested using the methods specified in Section 7.3 of ASTM F2057-19, Standard Safety Specification for Clothing Storage Units.	Nil
There is no mention of the standard for tip restraints.	Requires F3096-14 compliant tip restraints.

CPSC Updates Gates and Enclosures Safety Standard

On November 14^th, 2022, the U.S. Consumer Product Safety Commission (CPSC) issued a direct final rule (16 CFR1239) to update the mandatory Safety Standard for Gates and Enclosures. The final rule incorporates the latest version of ASTM F1004-22, Standard Consumer Safety Specification for Expansion Gates and Expandable Enclosures, with no modifications.

ASTM F1004-22 includes editorial revisions to the previous version of the standard, ASTM F1004-21.

The direct final rule will become effective on January 21^st, 2023.

China

China Issues new and updated Product Standards

The Chinese Ministry of Industry and Information Technology has recently released various new and updated industry and national product standards. Please see Table 1 below:

Table 1:

Category	Standard
Food contact	QB/T 1957-2022 Aluminium and aluminium alloy pots
	QB/T 4946-2022 Glasswares－Stem glasses
	QB/T 5798-2022 Glasswares－Opacified glass tablewares and drinkwares
	QB/T 5812-2022 Cast aluminium alloy pan with non-stick coating
	QB/T 5820-2022 Glass containers－Small-mouth spice bottles
Hardgoods	HG/T 2723-2022 Colorful rubber latex balloon
	HG/T 4358-2022 Digital color photographic paper
	QB/T 2664-2022 Enameled plumbing fixtures—Bathtub
	HG/T 6102-2022 Pressure sensitive adhesive tapes of BOPP for general purpose
	QB/T 4160-2022 Watches with jewels and precious metal alloys
	QB/T 5774-2022 Hair products—false eyelashes QB/T 5777-2022 Pet supplies―Storage box for dogs and cats
	QB/T 5793-2022 Hard gold adornment
	QB/T 5815-2022 Biodegradable plastic insulation box
	QB/T 5828-2022 General technical specifications for pre-embedded box of floor
	QB/T 4734-2022 Surface swimming eyewear
Stationery	GB/T 26698-2022 Pencils and mechanical pencils for exam
	GB/T 26699-2022 Ball pens for exam
	GB/T 26704-2022 Pencils

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