Toys & Childcare | Monthly bulletin | October 2019
Update of toy guidance document for puffer balls and similar toys
On 16th September 2019, the European Commission published the update of Guidance document No 18 on puffer balls and similar toys.
The Age classification for these toys is:
|
Article |
Age clasification |
Note |
|
Puffer balls |
For children of 36 months and over |
They shall bear the warning according to Article 11 and Annex V, Part B, Point 1 of the Toy Safety Directive 2009/48/EC because they might be dangerous for children under 36 months |
|
Puffer figures and puffer animals |
For children under 36 months |
Puffer figures and puffer animals that could be confused with traditional soft-filled toys should be classified as toys for children under 36 months |
|
Yo-yo balls |
For children of 36 months and over |
They should bear a warning according to article 11 and Annex V, Part B, Point 1 of the Toy Safety Directive 2009/48/EC because they might be dangerous for children under 36 months of age |
Upcoming dates of application: Directive (EU) 2018/725 and EN 71-3:2019
As a reminder, following you will a summary of legislations and standards that will start applying within the next six months:
- Legislations:
Manufacturers and importers should carefully consider these coming dates of application and confirm that their products comply with these restrictions:- Commission Directive (EU) 2018/725 of 16 May 2018 amending, for the purpose of adaptation to technical and scientific developments, point 13 of part III of Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards chromium VI.
|
In point 13 of Part III of Annex II to Directive 2009/48/EC, the entry for chromium VI is replaced by the following entry: |
|||
|
Element |
mg/kg in dry, brittle, powder-like or pliable toy material |
mg/kg in liquid or sticky toy material |
mg/kg in scraped-off toy material |
|
‘Chromium (VI) |
0,02 |
0,005 |
0,053’ |
It will start applying on 18th November 2019.
- Standards:
- 31stOctober 2019 is the date of withdrawal of the European standard:
EN 71-3:2019: Safety of toys - Part 3: Migration of certain elements.
This new version will replace EN 71-3:2013+A3:2018.
- 31stOctober 2019 is the date of withdrawal of the European standard:
Note: Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.
Update of AfPS PAH Guide
Recently, the German Institute for Occupational Safety and Health (BAuA) published the new Updated AfPS Guide (AfPS GS 2019:01 PAK) for testing and evaluation of PAHs (Polycyclic Aromatic hydrocarbons) under GS Mark.
The main changes compared to the current still valid AfPS GS 2014:01PAK, are the following:
- The scope of categories 1, 2a and 3a has been extended to "use by children".
- The list of PAHs has been shortened from 18 to 15 PAHs. Acenaphthylene (CAS No. 208-96-8). Acenaphthene (CAS No. 83-32-9), and fluorene (CAS No. 86-73-7) have been removed from the substance list.
- The term "Gefährdungsbeurteilung (risk / hazard assessment)" has been replaced by the term" Risikobeurteilung (risk assessment)".
When the GS mark is awarded, this new version must be applied from 1 July 2020 (including current procedures completed after 1 July 2020).
Existing GS mark certificates remain valid.
List of standards under ProdSG updated
On 6th September 2019, in the Joint Ministerial Journal No. 35, the Federal Institute for Occupational Safety and Health announced the references to the standards and other technical specifications identified by the Committee for Product Safety (AfPS) according to the Product Safety Act – ProdSG.
For childcare products, the updated standard is the following:
|
Code |
Title |
Replaced standard |
|
DIN EN 16232 October 2018 |
Child Use and Care Articles - Infant Swings; German Version EN 16232: 2013 + A1: 2018 |
DIN 16232:2013-12 |
CPSC Publishes Revisions to Safety Standard for Infant Bouncer Seats
On 6th September 2019, the US Consumer Product Safety Commission published a direct final rule which revised the CPSC's mandatory standard for infant bouncer seats to incorporate by reference the most recent version ASTM F2167-19.
Comparing to the former ASTM standard, the major change is that the updated standard adopted by the Commission includes revised requirements for the content and visibility of on-product warning labels.
This rule will come into effect on December 14, 2019 unless the Commission receives a significant adverse comment by October 7, 2019.
Please click here for more information.
CPSC Publishes Revisions to Safety Standard for Infant Bath Seats
On 20th September 2019, the US Consumer Product Safety Commission published a direct final rule which revised the Commission's mandatory standard 16 CFR 1215 for infant bath seats to incorporate by reference the most recent version ASTM F1967-19.
Comparing to ASTM F1967-13, this updated standard adopted by the Commission includes the following main revisions:
- Adding four new definitions and the definition of “double action release system”
- Stability moves wording from an explanatory note into the enforceable performance requirement
- Latching and locking test procedures reference a new test surface
- Stability test changes
- Static load test and suction cup test changes
- Adopting the Ad Hoc Wording reference document recommendations and the more personal messaging
This rule will come into effect on December 22, 2019 unless the Commission receives a significant adverse comment by October 21, 2019.
Please click here for more information.
Below a summary table with some recent ASTM standards updates:
|
Reference |
Title |
|
Standard Consumer Safety Specification for Baby Monitors |
|
|
Standard Performance Requirements for Adult and Children’s Plastic Chairs for Outdoor Use |
Improvement proposal in the registration of products under INMETRO
On 2nd September 2019, the National Institute of Metrology, Quality and Technology – INMETRO notified to World Trade Organization (WTO) their proposal Ordinance 404, 28 August 2019.
It proposes improvements in the criteria and procedures for the registration of products, inputs and services under INMETRO's regulatory scope and which compliance is compulsorily assessed. It would revoke INMETRO Ordinance 512, 11 November 2016.
Click here for getting the notification through the European Commission website with reference G/TBT/N/BRA/907.
Regulatory proposals notified to WTO
Below a summary table with some recent notifications to World Trade Organization (non-exhaustive):
|
Notification number / Link |
Country |
Title |
|
Peru |
Draft regulation on sanitary registration of sanitary products: Articles for babies
The aim is to set forth the regulatory provisions for Law No. 29459, Law on pharmaceutical products, medical devices and sanitary products: Articles for babies |
|
|
Korea |
A draft revision of safety criteria for children's products
Concentration of Nitrosamines and Nitrosatable substances have been included in safety criteria of children's product used in mouth |
Below a summary table with some recent standards updates and upcoming dates of withdrawal (non-exhaustive):
|
IEC Standards |
||
|
Reference |
Title |
Publication date |
|
Corrigendum 1 - Electric toys - Safety |
2019-08-27 |
|
As a reminder, following you will a summary of the standards and legislation that will start applying within the next six months:
- US: New Jersey - AB 4416 Bill (P.L. 2019, c.114) to prohibit the sale or distribution of asbestos-containing products
Brief description:
No person shall sell, offer for sale, or distribute in the State any product that contains asbestos.
As used in this section: "asbestos" means the same as the term is defined in section 3 of P.L.1984, c.173 (C.34:5A-34).
It will start applying on 1st September 2019.
- US: California - AB-2998 Consumer products: flame retardant materials- Juvenile Products, Upholstered Furniture, and Mattresses
Brief description:
From January 1, 2020, it is prohibited to sell or distribute in California any new juvenile products, mattresses, or upholstered furniture containing covered flame retardant chemicals or a constituent component at levels above 1,000 parts per million.
On or after January 1, 2020, a custom upholsterer shall not repair, reupholster, recover, restore, or renew upholstered furniture or reupholstered furniture using replacement components that contain covered flame retardant chemicals at levels above 1,000 parts per million.
It will start applying on 1st January 2020.
- Canada: Manitoba - Bedding and Other Upholstered or Stuffed Articles regulation - C.S.M. c. P210 - Law Label
Brief description:
Manitoba is repealing the Bedding and Other Upholstered or Stuffed Articles Regulation (“the Regulation”), effective January 1, 2020.
As of January 1, 2020, manufacturers, renovators, and home hobby/craft operators of bedding and other upholstered or stuffed articles will no longer be required to be registered in Manitoba and/or meet Manitoba’s label standards.
The Regulation remains in force until January 1, 2020 and the Consumer Protection Office will continue to administer the legislation.
It will start applying on 1st January 2020.
Below you will find a monthly summary of product recalls and alerts in Europe (Source “RAPEX”) and in the US (Source “CPSC”).
Europe
RAPEX (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities).
The following 32 alerts regarding Childcare articles, equipment and toys have been reported, from week 34 until week 38 of 2019.
|
Type of Risk |
Number of alerts |
Notes |
|
Chemical |
9 |
Phthalates contained: di(2-ethylhexyl) phthalate (DEHP) , bis(2-ethylhexyl) phthalate (DEHP), diisobutyl phthalate (DIBP) and dibutyl phthalate (DBP) |
|
Slime: high level of migration of Boron |
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|
Button cell batteries: easily accessible. Not complying with Toy Safety Directive and standard EN 62115 |
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|
Choking |
9 |
Small parts. Not complying with EN 71-1 |
|
The fibrous stuffing material of the toy is easily accessible due to the weakness of certain seams |
||
|
Expandable toy: it can cause fatal occlusion of the respiratory track or intestinal blockage of small children |
||
|
Choking, Injuries |
2 |
Framed back carrier: A small part (tab of the bag zipper) can be easily detached from the product and the folding mechanism of the stand can easily be operated by a child. Moreover, the tubes of the frame can break, the shoulder straps may slip and the fastener of the child's restraint system can break. Not complying with EN 13209-1 |
|
Damage to hearing |
2 |
The sound pressure level of the toy is too high. Not complying with EN 71-1 |
|
Environment |
2 |
Solders in the toy contain an excessive amount of lead and cadmium. It does not comply with RoHS 2 Directive |
|
Damage to the gastrointestinal tract |
1 |
Balloon with LED light can easily break, causing the button batteries and LED light to become accessible. Not complying with EN 62115 |
|
Damage to sight |
1 |
Slime toy with UV light: The LED device emits optical radiation. Not complying with EN 62115 |
|
Injuries |
4 |
Cot is not sufficiently stable and may easily overturn. Not complying with EN 716 |
|
The product can shoot improvised projectiles (a pencil) with a too high kinetic energy. Not complying with EN 71-1 |
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|
The pushchair has only one safety lock and is not sufficiently resistant to load. Not complying with EN 71-1 |
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|
Children’s pot: Sharp edges are accessible on the pot |
||
|
Microbiological |
1 |
Finger paints containing aerobic mesophilic bacteria and the presence of Pseudomonas aeruginosa has been detected |
|
Suffocation |
1 |
Cot: A small child could introduce its head in the pocket and get trapped, leading to suffocation. Not complying with EN 716 |
From 21st August to 20th September 2019, CPSC (Consumer Product Safety Commission) has published the following recalls: 2 recalls regarding Childcare and children’s products.
|
Type of Risk |
Number of recalls |
Notes |
|
Choking and laceration |
1 |
Bath Toys: The recalled toys can break and create a sharp point |
|
Puncture injury hazard |
1 |
Handmade knit dolls: a sewing needle was discovered in the stuffing |
