Toys & Hardlines regulatory updates February 2023
New guidance for classification of toys for children under or above 36 months
On 2 February 2023, the European Commission published new guidance on the classification of toys for children under three or three years and over.
The aim of Guidance Document No. 11 is to help classify toys intended for children under or above 36 months of age with examples and pictures to facilitate decision-making. Toy categories for which specific guidelines are already available are not included nor are toy categories that are clearly intended for children three years and older.
The new guidance has added twelve more categories to the existing ones (dolls, soft, and stuffed toys and puzzles). In total, the following 15 categories are as follows:
- Puzzles
- Dolls
- Soft and stuffed or partially stuffed toys:
- Soft and stuffed or partially stuffed toys
- Squishies
- Fidget toys
- Modelling clay/dough, slime, soap bubbles
- Movable/wheeled toys
- Play scenes, constructed models, and construction toys
- Game sets and board games
- Toys intended to be entered
- Toys intended to bear the mass of a child container and utensils intended
- Toy sports equipment and balls
- Hobby horse/stick horse
- Push-pull toys and pull-along toys
- Audio/visual equipment
- Toy figures and other toys
The main factors and considerations that the guideline indicates could be used to determine whether a toy is intended for children under 36 months are as follows:
- The psychology of children of under three years, particularly their need to “cuddle”;
- Their attraction to objects “which are like them”;
- Their preference to imitate adults and their activities;
- Their mental development, particularly their lack of capacity for abstraction, low level of knowledge, limited patience, etc.;
- Their less developed physical abilities in terms of ease of movement, manual dexterity, etc;
- The children's aptitudes to use a toy; if this use can start before 36 months of age and continue thereafter, the toy has to be appropriate for children under 36 months of age;
- If a toy involves small parts;
- Warnings on a toy must not be present on toys that meet the criteria for under 36 months of age while at the same time present risks for children of that age.
Commission demands for France regarding waste sorting labelling
The provision of waste sorting information to consumers is not harmonised across Europe. Each country can adopt its own criteria according to the European Waste Framework Directive.
The imposition of national-specific labelling requirements can break the principle of free movement of goods and can lead to counterproductive environmental effects, such as the increase of materials and sizes of packaging because of additional waste information.
On 15 February 2023, the European Commission opened an infringement procedure (INFR(2022)4028) to France for the following reasons:
- The French law was not notified to the Commission at a draft stage, prior to adoption.
- An insufficient analysis of options for providing the sorting waste information/failure to look for other options that are less restrictive to trade between Member States.
The European Commission wants to ensure that the French waste sorting labelling complies with the principle of the free movements of goods.
The French authorities have two months to respond to the concerns raised by the Commission.
Technical publications relating to consumer products
The latest publications in relation to consumer products are summarised in the table below:
|
Date |
Entity |
Publication |
|
31 January 2023 |
European Commission |
The European Commission published a draft JRC technical report about the preliminary study on new product priorities related to Ecodesign for Sustainable Products Regulation (ESRP). This Joint Research Centre (JRC) report aims to suggest a number of product groups and horizontal measures that may be suitable candidates for prioritisation under ESPR, once it enters into force. |
The latest consultations by the European Commission related to chemicals are as follows:
|
Date |
Publication |
|
31 January 2023 |
New product priorities for Ecodesign for Sustainable Products |
|
08 February 2023 |
Judicial cooperation in civil and commercial matters – authorisation to negotiate a bilateral agreement |
Technical publications relating to food contact materials
The latest publications in relation to food contact materials are summarised in the table below:
|
Date |
Entity |
Publication |
|
19 January 2023 |
Italian Minister of Health |
Italy updates Stainless steels requirements |
|
01 January 2023 |
France’s Ministry for Ecological Transition |
French mineral oil requirements
On 1 January 2023, new French mineral oil requirements came into effect, implementing, in two phases, restrictions regulating mineral oil in ink for packaging and printed paper. Decree of April 13, 2022 indicates:
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23 January 2023 |
World Trade Organisation (WTO) |
A draft European regulation related to food contact plastics was announced (G/SPS/N/EU/611). |
|
01 February 2023 |
Germany’s Federal Institute for Risk Assessment (Bundesinstitut für Risikobewertung, BfR) |
BfR updated the following Recommendations for food contact paper and board, silicone, and rubber materials in articles:
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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.
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CEN |
|||
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Reference |
Title |
Date of withdrawal |
Supersedes |
|
Childcare articles - Wheeled child conveyances - Part 2: Pushchairs for children above 15 kg up to 22 kg |
30 June 2023 |
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Swimming pool equipment - Part 11: Additional specific safety requirements and test methods for moveable pool floors and moveable bulkheads installed in pools for public use |
30 June 2023 |
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Bicycles - Safety requirements for bicycles for young children (ISO 8098:2023) |
31 July 2023 |
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Bicycles - Safety requirements for bicycles - Part 1: Vocabulary (ISO 4210-1:2023) |
31 July 2023 |
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Bicycles - Safety requirements for bicycles - Part 2: Requirements for city and trekking, young adult, mountain, and racing bicycles (ISO 4210-2:2023) |
31 July 2023 |
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Bicycles - Safety requirements for bicycles - Part 3: Common test methods (ISO 4210-3:2023) |
31 July 2023 |
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Bicycles - Safety requirements for bicycles - Part 4: Braking test methods (ISO 4210-4:2023) |
31 July 2023 |
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Bicycles - Safety requirements for bicycles - Part 5: Steering test methods (ISO 4210-5:2023) |
31 July 2023 |
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Bicycles - Safety requirements for bicycles - Part 6: Frame and fork test methods (ISO 4210-6:2023) |
31 July 2023 |
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Bicycles - Safety requirements for bicycles - Part 7: Wheel and rim test methods (ISO 4210-7:2023) |
31 July 2024 |
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Bicycles - Safety requirements for bicycles - Part 8: Pedal and drive system test methods (ISO 4210-8:2023) |
31 July 2024 |
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Bicycles - Safety requirements for bicycles - Part 9: Saddles and seat-post test methods (ISO 4210-9:2023) |
31 July 2024 |
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Paints and varnishes - Laboratory method for determination of release of regulated dangerous substances from coatings in intermittent contact with water |
31 July 2023 |
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Paints and varnishes - Coating materials and coating systems for exterior wood - Part 9: Determination of pull-off strength |
Not available |
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Paints and varnishes - Electro-deposition coatings - Part 10: Edge protection (ISO 22553-10:2022) |
31 July 2023 |
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Paints and varnishes - Coating materials and coating systems for exterior wood - Part 14: Determination of tensile properties of coating films |
31 July 2023 |
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Relevant publications related to ERP and Environmental Code
The latest publications in relation to Extended Producer Responsibility (ERP) and the Environmental Code for the French market are summarised in the table below:
|
Date |
Publication |
|
07 February 2023 |
Frequently asked questions (FAQ) were published relating to consumer information on the qualities and environmental characteristics of waste-generating products pursuant to article 13-I of the AGEC law and Decree No. 2022-748 of 29 April 2022 by the Ministry of Ecological Transition and Territorial Cohesion. |
|
01 January 2023 |
DGCCRF (Direction générale dela concurrence, de la consommation et de la répression des fraudes) published news (Consumption: what will change in 2023) of the changes related to AGEC Law and consumer products for 2023. |
|
10 February 2023 |
Ministry of Ecological Transition and Territorial Cohesion published news: |
|
08 February 2023 |
The Ministry of Ecological Transition and Territorial Cohesion website related to the anti-waste law for a circular economy has been updated. |
|
17 January 2023 |
The Ministry of Ecological Transition and Territorial Cohesion published a document on plastics. |
On 1 January 2023, Italy’s plastic tax was due to enter into force, but the budget law for 2023 has deferred this to January 2024.
This tax is implemented by the Law no. 160/2019 (Article 1, paragraphs 634 – 658), which sets the obligation to submit a declaration and pay the tax to the Italian customs and monopolies agency at quarterly intervals. It also outlines subjective and objective requirements, the scope of the application, and the penalties applicable.
The plastic tax is intended as a measure to discourage the consumption of single-use plastic products called “MACSI” (manufatti in plastica con singolo impiego).
The tax is €0.45 per kilogram of virgin plastic contained. The tax does not apply to plastic material obtained from recycling processes, medical devices, or those used to store and protect medical items. Compostable plastic in accordance with DIN EN 13432 is also excluded. Declaring and paying the plastic tax is mandatory. For non-resident entities in Italy, it is necessary to appoint a tax representative in Italy.
New CONAI's guidelines for the environmental labelling of packaging
On 13 January 2023, the Italian National Packaging Consortium (CONAI) published a full series of specific guidelines for product packaging for different sectors. The guidelines are:
- Guidelines for environmental labeling: electrical and electronic equipment, January 2023
- Packaging Labelling Guidelines for Packaging manufacturers, October 2022
- Packaging Labelling Guidelines for Self-Adhesive Tapes, October 2022
- Packaging Labelling Guidelines for the Chemical Sector, October 2022
- Guidelines for Businesses: Environmental Labelling for Packaging, October 2021
CPSC issues NPR for safety standard for button cell or coin batteries
On 16 August 2022, the United States enacted Public Law 117-171, also known as “Reese’s Law,” to require the Consumer Product Safety Commission (CPSC) to establish a final consumer product safety standard for button cell or coin batteries and consumer products containing button cell or coin batteries, no later than 1 year after the Act’s enactment.
As required by the Reese’s Law, on 9 February 2023, the US Consumer Product Safety Commission (CPSC) issued a Notice of Proposed Rulemaking for the Safety Standard and Notification Requirements for Button Cell or Coin Batteries and Consumer Products Containing Such Batteries (16 CFR 1263). The new proposed rule will establish performance requirements for battery compartments on consumer products that contain, or are designed to use, one or more button cell or coin batteries, in order to eliminate or adequately reduce the risk of injury from ingestion of button cell or coin batteries by children 6 years old and younger. The proposed rule also requires warning labels on the packaging, battery compartments, and accompanying instructions and manuals of consumer products containing button cell or coin batteries.
Any toy products that are in compliance with the battery accessibility and labeling requirements of 16 CFR 1250, Safety Standard Mandating ASTM F963 for Toys, are exempt under the rule. Zinc-air button cell or coin batteries that do not present an ingestion risk as determined by the CPSC are also exempt under the rule.
If the rule is finalized, consumer products subject to the rule must be tested and certified as compliant with the rule. The CPSC accepted comments until 13 March 2023.
Button cell or coin battery is defined as:
- A single cell battery with a diameter greater than the height of the battery; or
- Any other battery, regardless of the technology used to produce an electrical charge, that is determined by the Commission to pose an ingestion hazard.
Consumer product containing button cell or coin batteries is defined as a consumer product containing or designed to use one or more button cell or coin batteries, regardless of whether such batteries are intended to be replaced by the consumer or are included with the product or sold separately.
Hong Kong amends children’s product standards
On 17 February 2023, Hong Kong’s Secretary for Commerce and Economic Development issued Toys and Children’s Products Safety Ordinance (Amendment of Schedule 2) Notice 2023 to amend 4 product standards for demonstrating compliance with the Toys and Children’s Products Safety Ordinance. The new standards will become effective on 1 August 2023. Please see Table 1 below for the list of new standards.
Table 1:
|
Category |
Current Standard |
New Standard |
|
Bunk beds for domestic use |
ASTM F1427-21 |
ASTM F1427-21 ed. 1 |
|
Child safety barriers for domestic use |
ASTM F1004-19 |
ASTM F1004-21 |
|
Children’s highchairs and multi-purpose highchairs for domestic use |
ASTM F404-20 |
ASTM F404-21 |
|
Wheeled child conveyances |
ASTM F833-19 |
ASTM F833-21 |
Taiwan amends hygienic standards for food utensils, containers and packages
The Taiwan Food and Drug Administration has recently published Notification Order 1111303439 to amend the Hygienic Standards for Food Utensils, Containers and Packages. The amendment includes the following revisions:
- Amending the name of the source of law
- Amending the text of the management regulations on the prohibition of recycling plastic containers, and strengthening the scope of application
- Replacing the table for test items of various materials with a new table
- Adding specifications for material testing and dissolution testing items for alloy materials
Below, you will find a monthly table summarising product recalls and alerts in Europe (Source” Safety Gate (RAPEX)” and “RASFF”) and the U.S. (Source “CPSC”)
Safety Gate (RAPEX) (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities)
The following 36 alerts regarding childcare articles, equipment, and toys were reported between week 4 and week 7 of 2023.
|
Type of Risk |
Number of alerts |
Notes |
|
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Fancy-dress mask |
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Inflatable children's costume |
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Inflatable ball |
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Children's bag |
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Plastic book |
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Ballpoint pen |
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Plastic doll |
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Modelling clay |
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Children’s balance bike |
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Bath toy |
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Electric balance bike for children |
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Plastic toys |
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Soft toy |
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Toy puppy |
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Toy blanket |
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Pull-along toy |
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Rattle |
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Toy tractor |
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Puffer toy |
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Plastic toy gun |
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Magnetic toy |
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Soft toy |
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Toy telephone |
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Baby carrier |
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Stroller |
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Children's cot |
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Sleeping bag |
The following 37 alerts regarding hard goods/ miscellaneous goods were reported between week 4 and 7 of 2023.
|
Type of Risk |
Number of alerts |
Notes |
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Jewellery |
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Jewellery |
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Jewellery |
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Crown hair clip |
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Gym weight |
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Training mitts |
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Ankle weight |
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Slam ball |
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Power wheel |
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Wristwatch |
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Bath mat |
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Yoga ball |
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Candle |
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Decorative grape |
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Mirror |
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Bicycle |
The following 2 alerts regarding furniture were reported between week 4 and 7 of 2023.
|
Type of Risk |
Number of alerts |
Notes |
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|
Chair |
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Table |
RASFF (European Commission Rapid Alert System for Food and Feed - Alerts reported by EU national authorities)
The following 7 alerts regarding Food Contact Materials related to children's tableware were reported from 21 January 2023 to 20 February 2023.
|
Product |
Substance / Hazard |
|
|
Plastic mugs and plates |
Too high level of overall migration from plastic dinnerware |
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Tableware sets |
Unauthorised use of bamboo fibres in children's dinner sets |
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Kitchen steel forks |
Migration of chromium and too high level of overall migration from kitchen steel forks |
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Plate for children |
Increasing migration of formaldehyde (20.2 mg/l) from bamboo children's plates |
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Melamine spoon |
Migration of formaldehyde and melamine from spoons. |
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Plastic cups |
Migration of formaldehyde from plastic mugs. |
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Ice shovels, bowls, and mugs |
Unauthorised use of bamboo and other plant fibres in articles. |
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OPSS issues Product Safety Alerts on the UK market. The following alerts regarding toys and childcare products were reported between week 4 and week 7 2023.
10 recalls regarding toys and childcare products
|
Type of Risk |
Number of alerts |
Notes |
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Dancing cactus plush toy |
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Magnetic fishing toy |
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DIY charm bracelet |
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Keyring |
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Animal hopper |
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Magnetic fishing Game |
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Wooden xylophone |
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Magnetic toy |
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Magnetics balls |
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Magnetics blocks |
1 recall regarding furniture
|
Type of Risk |
Number of alerts |
Notes |
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Wheelchair |
9 recalls regarding hard goods/ miscellaneous goods
|
Type of Risk |
Number of alerts |
Notes |
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Bracelets with charms |
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Jewellery |
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Glass cup |
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Bicycles |
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Step ladder |
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Mirror |
From 26 January 2023 to February 2023, the CPSC (Consumer Product Safety Commission) published the following recalls:
2 recalls regarding Toys and childcare products
|
Hazard |
Number of alerts |
Notes |
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Activity Gym Toy |
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Figurines |
1 recall of consumer products
|
Type of Risk |
Number of alerts |
Notes |
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Probes |
1 recall of furniture
|
Type of Risk |
Number of alerts |
Notes |
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Chairs |
