Softlines & Leather regulatory updates January 2023

EUROPE

New update to Candidate List of Substances of Very High Concern (SVHCs)

On 17 January 2023, the ECHA (European Chemicals Agency) released the new Candidate List of SVHCs. With the addition of nine new substances, the current list of SVHCs now contains 233 substances.

See below a table indicating the latest substances addition:

Nº	Substance name	EC number	CAS number	Reason for inclusion	Examples of use(s)
1	1,1'-[ethane-1,2-diylbisoxy]bis[2,4,6-tribromobenzene]	253-692-3	37853-59-1	Very persistent and very bioaccumulative (REACH Article 57 e)	While the substance itself is not registered under REACH, identification as an SVHC can be seen as a measure to avoid future non-advisable substitution.
2	2,2',6,6'-tetrabromo-4,4'-isopropylidenediphenol	201-236-9	79-94-7	Carcinogenic (Article 57 a)	As a reactive flame retardant and as an additive flame retardant in the manufacture of polymer resins, in products such as epoxycoated circuit boards, printed circuit boards, paper and textiles.
3	4,4'-sulphonyldiphenol (Bisphenol S)	201-250-5	80-09-1	Toxic for reproduction (Article 57 c); Endocrine disrupting properties (Article 57 f – environment); Endocrine disrupting properties  (Article 57 f – human health)	In the manufacture of pulp, paper and paper products, textile, leather or fur and chemicals.
4	Barium diboron tetraoxide	237-222-4	13701-59-2	Toxic for reproduction (Article 57 c)	In paints and coatings.
5	Bis(2-ethylhexyl) tetrabromophthalate covering any of the individual isomers and/or combinations thereof	-	-	Very persistent and very bioaccumulative (Article 57 e)	As a flame retardant and a plasticiser for flexible polyvinylchloride and for use in wire and cable insulation, film and sheeting, carpet backing, coated fabrics, wall coverings and adhesives.
6	Isobutyl 4-hydroxybenzoate	224-208-8	4247-02-3	Endocrine disrupting properties (Article 57 f – human health)	In the manufacture of substances and in the following products: coating products, fillers, putties, plasters, modelling clay and inks and toners.
7	Melamine	203-615-4	108-78-1	Equivalent level of concern with probable serious effects on human health (Article 57 f – human health); Equivalent level of concern with probable serious effects on the environment (Article 57 f – environment)	In polymers and resins, coating products, adhesives and sealants, leather treatment products, laboratory chemicals.
8	Perfluoroheptanoic acid and its salts	-	-	Toxic for reproduction (Article 57 c); Persistent, bioaccumulative and toxic (Article 57 d); Very persistent and very bioaccumulative (Article 57 e); Equivalent level of concern with probable serious effects on human health (Article 57 f – human health); Equivalent level of concern with probable serious effects on the environment (Article 57 f – environment)	While the substance itself is not registered under REACH, identification as an SVHC can be seen as a measure to avoid future regrettable substitution.
9	reaction mass of 2,2,3,3,5,5,6,6-octafluoro-4-(1,1,1,2,3,3,3-heptafluoropropan-2-yl)morpholine and 2,2,3,3,5,5,6,6-octafluoro-4-(heptafluoropropyl)morpholine	473-390-7	-	Very persistent and very bioaccumulative (Article 57 e)	Used in items used by professional workers (widespread use), in formulation or re-packing, at industrial sites and in manufacturing.

Legal obligations for companies using SVHC substances include:

- Suppliers provide customers and consumers with enough information to allow for safe use of products that contain a substance of very high concern (SVHC) above a concentration of 0.1 % (weight by weight).

- Importers and producers of these products must notify the ECHA if their article contains SVHC substances above a concentration of 0.1% weight by weight (w/w) and the substance is present in those products in quantities totalling over one tonne per producer or per importer per year. The notifications have to be submitted within six months from the date that the substance is included in the list.

- Suppliers of substances on the Candidate List, supplied either on their own or in mixtures, have to provide their customers with a safety data sheet.

- Under the Waste Framework Directive (Directive 2008/98/EC on waste- WFD), any supplier of an article containing a substance of very high concern (SVHC) in a concentration above 0.1% weight by weight (w/w) on the EU market is required to submit a SCIP Notification on that article to ECHA, as of 5 January 2021. SCIP is the database holding information on Substances of Concern in articles, as such or in complex objects (products), established under the WFD. The SCIP database complements the existing notification obligations for Candidate List substances in articles subject to REACH regulation and its related communication through the supply chain, according to Articles 7 (2) and 33 respectively.

Click here to access the official List on ECHA’s website.

FRANCE

Expansion of the categories of decoration elements for ERP

On 31 December 2022, The Minister for Ecological Transition and Territorial Cohesion published the Order of 23 December 2022, amending the order of 22 December 2017 and approving an eco-organisation in the furniture waste sector pursuant to article R. 543-252 of the environment code.

It indicates the expansion of decorative elements to 12 categories in the Environment Code. The new category includes textile decorative elements such as rugs, carpets, curtains, and sheers, as well as their accessories, regardless of the materials that make up these accessories.

This means that according to the principle of extended producer responsibility (EPR), the management of waste from furnishing elements (DEA), including textile decorative elements, must be ensured by the producers of the said products. To fulfil their obligations, the latter must join an approved eco-organisation or set up an approved individual system. This decree completes the approval of the eco-organisation on the scope of furnishing elements extended to textile decorative elements.

Approved eco-organisation for textiles, shoes and household linen

On 28 December 2022, The Minister for Ecological Transition and Territorial Cohesion published Order of 23 December 2022 approving an eco-organisation of the sector with extended responsibility for the producer of waste textiles, shoes and household linen (TLC).

This decree approves the company EcoTLC - Refashion as an eco-organisation until 31 December 2028.

According to the principle of extended producer responsibility (REP), the management of waste from textile products, shoes and household linen (TLC) mentioned in 11° of article L. 541-10-1 of the environment must be ensured by the producers of the said products. To fulfill their obligations, the latter must set up either an approved individual system or join an approved collective scheme.

New York approves PFAS in textiles regulation

The State of New York recently approved Bill A07063A to amend Section 37-0121 of the Environmental Conservation Law to prohibit intentionally added PFAS chemicals in apparel products, effective 31 December 2023.

PFAS is defined as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

Apparel is defined as clothing items intended for regular wear or formal occasions, including, but not limited to, undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, vests, dancewear, suits, saris, scarves, tops, leggings, leisurewear, formal wear, onesies, bibs, and diapers. Apparel does not include professional uniforms or outerwear intended for extreme conditions.

New York prohibits PFAS in carpets and establishes new carpet recycling programme

The State of New York recently approved Bill A09279A to amend Article 27 of the Environmental Conservation Law by adding a new title 33 to require producers to submit a plan for the establishment of a carpet collection programme for unused and discarded carpets for the Department of Environmental Conservation’s (DEC) approval by 31 December 2023. No later than 1 July 2024 or six months after the plan is approved by the DEC, whichever occurs later, producers must implement the carpet collection program utilising collection sites, and producers may not sell carpets in the state unless the producer is registered with the DEC on and after the date of implementation of the carpet collection program. On or before 1 July 2025, and annually thereafter, producers must submit a report to the DEC that includes, for the previous program year, a description of the program. Beginning 1 July 2024, retailers may not sell carpets in the state unless the producer of such carpet is participating in a carpet collection program. On or after one year after a plan is approved by the DEC, carpets sold in the state must be accompanied by the following identifying information:

Name of the producer and contact information; and
Carpet material, composition, and type of construction.

All carpets sold in the state must be manufactured with the following minimum amounts from post-consumer sources:

Within 1 year after the plan is approved by the DEC, a minimum of 10% post-consumer content
Within 4 years thereafter, a minimum of 20% post-consumer content; and
5 years thereafter, a minimum of 30% post-consumer content.

The new bill will also prohibit carpets containing PFAS substances for any purpose, effective 31 December 2024.

A carpet is defined as a manufactured article that is (a) used in commercial buildings or single or multifamily residential buildings, (b) affixed or placed on the floor or building walking surface as a decorative or functional building interior or exterior feature, and (c) primarily constructed of a top surface of synthetic or natural face fibers or yarns or tufts attached to a backing system made of synthetic or natural material. A carpet does not include handmade rugs, area rugs, or mats.

PFAS substances are defined as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

Standards updates

See below a table summarising some recent ASTM standards updates:

Reference	Title
ASTM D3655-22	Standard Performance Specification for Men’s and Women’s Silver Knitted Overcoat and Jacket Fabrics
ASTM D3780-22	Standard Performance Specification for Men’s and Boy’s Woven Dress Suit Fabrics and Woven Sportswear Jacket, Slack, and Trouser Fabrics
ASTM D3782-22	Standard Performance Specification for Men’s and Boy’s Knitted Dress Suit Fabrics and Knitted Sportswear Jacket, Slack, and Trouser Fabrics
ASTM D6413/D6413M-22	Standard Test Method for Flame Resistance of Textiles (Vertical Test)
ASTM D3994-22	Standard Performance Specification for Woven Swimwear Fabrics
ASTM D4153-22	Standard Performance Specification for Men’s, Women’s, and Children’s Woven Handkerchief Fabrics
ASTM D3618-05 (2022)	Standard Test Method for Detection of Lead in Paint and Dried Paint Films
ASTM D6321/D6321M-22	Standard Practice for the Evaluation of Machine Washable T-Shirts
ASTM D4035-22	Standard Performance Specification for Knitted Necktie and Scarf Fabrics
ASTM D7020-22	Standard Performance Specification for Woven Blouse, Dress, Dress Shirt & Sport Shirt Fabrics
ASTM D4966-22	Standard Test Method for Abrasion Resistance of Textile Fabrics (Martindale Abrasion Tester Method)
ASTM D4970/D4970M-22	Standard Test Method for Piling Resistance and Other Related Surface Changes of Textile Fabrics: Martindale Tester

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
Textile & Apparel	FZ/T 81024-2022 – Woven Capes
Footwear	GB/T 43293-2022 – Shoe size

INTERNATIONAL

Updated requirements for ECO certifications

Every January, OEKO-TEX® publishes annual updates to the standards, as well as test criteria and limit values.

This year an updated highlight is the general ban on the use of perfluorinated and polyfluorinated alkylated substances (PFAS / PFC) in textiles, leather and footwear for the STANDARD 100, LEATHER STANDARD and ECO PASSPORT certifications.

It will come into effect during the first quarter of 2023.

For more information, consult the official website here.

PRODUCT RECALLS / ALERTS

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

Europe

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

The following 45 alerts regarding textile & leather products were reported in week 51 of 2022 and between week 1 and week 3 of 2023.

Type of Risk	Number of alerts	Notes
Chemicals	2	Children’s slippers The plastic material of the product contains an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP). The product does not comply with REACH Regulation.
Chemical, Environment	1	Children's sandals The plastic material of the product contains excessive concentrations of dibutyl phthalate (DBP) and bis(2-ethylhexyl) phthalate (DEHP) (measured values 17.78% and 4.93% by weight, respectively) and short chain chlorinated paraffins (SCCPs). The product does not comply with REACH Regulation nor with the Persistent Organic Pollutants (POPs) Regulation.
Choking	2	Children's boots The product has small parts that can easily detach. The product does not comply with the requirements of the General Product Safety Directive nor with EN 59300.
	1	Children's jumpsuit The snap buttons may easily detach from the jumpsuit. The product does not comply with the requirements of the General Product Safety Directive nor with EN 71-1.
	1	Baby T-shirt The product contains small decorative elements (pebbles) that can easily detach. The product does not comply with the requirements of the General Product Safety Directive nor with EN 71-1.
Injuries	4	Children's jacket The jacket has long functional cords and drawstrings to be tied at the waist area. The product does not comply with the requirements of the General Product Safety Directive nor with EN 14682.
Injuries	5	Children's trousers The product has drawstrings with free ends in the waist area. The product does not comply with the requirements of the General Product Safety Directive nor with EN 14682.
Injuries, Strangulation	2	Children’s clothing set The product has long drawstrings with free ends in the neck and waist area. The product does not comply with the requirements of the General Product Safety Directive nor with EN 14682.
	9	Children's sweatshirt There are long functional cords with free ends in the hood of the product and in the neck area. The product does not comply with the requirements of the General Product Safety Directive nor with EN 14682.
	2	Children's hat There are long functional cords with free ends attached to the hat. The product does not comply with the requirements of the General Product Safety Directive nor with EN 14682.
	1	Children's sweater The drawstrings at the level of the hood are too long. The product does not comply with the requirements of the General Product Safety Directive nor with EN 14682.
Strangulation	5	Children's sweatshirt There are long functional cords with free ends in the hood of the product and in the neck area. The product does not comply with the requirements of the General Product Safety Directive nor with EN 14682.
	8	Children's jacket The product bears functional cords close to the neck. The product does not comply with the requirements of the General Product Safety Directive nor with EN 14682.
	2	Children's T-shirt The product has long functional cords with free ends in the neck area. The product does not comply with the requirements of the General Product Safety Directive nor with EN 14682.

The OPSS issues Product Safety Alerts on the UK market. The following alerts regarding textile & leather products were reported in week 52 of 2022 and between week 1 and 3 of 2023.

1 recall regarding textiles

Type of Risk	Number of alerts	Notes
Injuries and cuts	1	Fashion boots Some units may contain an exposed nail which could harm the user when worn.

U.S.

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

From 22 December 2022 to 19 January 2023, the CPSC (Consumer Product Safety Commission) published the following recalls: 9 recalls of textile & leather products

Hazard	Number of alerts	Notes
Burn	9	Children’s pajamas The recalled children’s pajamas fail to meet the federal flammability standards for children’s sleepwear, posing a risk of burn injuries to children.
		Children’s robes The children’s robes fail to meet the federal flammability standards for children’s sleepwear, posing a risk of burn injuries to children.
		Children’s Sleepwear The recalled children’s sleepwear fails to meet the federal flammability standards for children’s sleepwear, posing a risk of burn injuries to children.
		Children’s Sleepwear The recalled children’s sleepwear fails to meet the federal flammability standards for children’s sleepwear, posing a risk of burn injuries to children.
		Children’s Sleepwear The recalled children’s sleepwear fails to meet the federal flammability standards for children’s sleepwear, posing a risk of burn injuries to children.
		Children’s Sleepwear The recalled children’s sleepwear fails to meet the federal flammability standards for children’s sleepwear, posing a risk of burn injuries to children.
		Children’s Sleepwear The recalled children’s sleepwear fails to meet the federal flammability standards for children’s sleepwear, posing a risk of burn injuries to children.
		Children’s pajama Sets The recalled children’s pajama sets fail to meet the federal flammability standards for children’s sleepwear, posing a risk of burn injuries to children.
		Children’s sleepwear The recalled children’s sleepwear fails to meet the federal flammability standards for children’s sleepwear, posing a risk of burn injuries to children.