Regulations & Standards Year in Review 2022
Assembling safety and quality in all toys and hardgoods
Regulations and standards are continuously evolving to set higher requirements for manufacturers to design and produce safer consumer products. With the end of 2022 around the corner, it is the time to look back at the key regulatory changes this year. Our experts have summarised the key changes in regulations and standards for toys, furniture, and hardgoods:
Europe
New initiative to review Toy Safety Directive
- Extending type of hazardous substances included in risk-assessment;
- Revising the derogations of the general prohibition of CMRs;
- Establishing positive lists for certain substances such as colourants or preservatives;
- Integrating limit values for chemicals currently set out in other legislations;
- Allowing the setting of chemical limit values for any toy (not only for those aimed at children under 36 months);
- Setting out requirements for the labelling of the chemical composition of toys, including via digital labelling;
- Address new risks in internet-connected toys or toys using artificial intelligence
Additional measures under assessment:
- A digital product passport containing manufacturer compliance documentation on a toy which could serve or replace, the current EU declaration of conformity
- Converting the Directive into a Regulation, to ensure the timely and simultaneous application of the toy safety rules in all EU member states
- Improving reporting obligations by EU member states on unsafe toys
New references of harmonised standards for toys
During this year several standards under Toy Safety Directive have been withdrawn. The current updated references of the harmonised standard for toys are listed below:
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No. |
Reference of the standard |
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1 |
EN 71-1:2014+A1:2018 Safety of toys – Part 1: Mechanical and physical properties |
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2 |
EN 71-2:2020 Safety of Toys – Part 2: Flammability |
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3 |
EN 71-3:2019+A1:2021 Safety of toys – Part 3: Migration of certain elements |
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4 |
EN 71-4:2020 Safety of toys – Part 4: Experimental sets for chemistry and related activities |
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5 |
EN 71-5: 2015 Safety of toys – Part 5: Chemical toys (sets) other than experimental sets |
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6 |
EN 71:7:2014+A3:2020 Safety of toys – Part 7: Finger paints – Requirements and test methods |
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7 |
EN 71-8:2018 Safety of toys – Part 8: Activity toys for domestic use |
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8 |
EN 71-12:2016
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9 |
EN 71-13:2021 Safety of toys – Part 13: Olfactory board games, cosmetic kits and gustative games |
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10 |
EN 71-14:2018 Safety of toys – Part 14: Trampolines for domestic use |
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11 |
EN IEC 62115:2020 Electric toys – Safety |
UK
The use of CE mark deadline has been extended for UK market
On 14 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 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 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 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 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.
China
China approves 3 amendments to mandatory national toy standards
China’s State Administration for Market Regulation (SAMR) issued Announcement No. 9 of 2022 on 13 July 2022, approving 3 amendments to mandatory national standards for toys.
|
National Standard Number |
Standard Title |
Implementation Date |
|
GB 6675.2-2014 |
Safety of toys – Part 2. Mechanical and physical properties. Amendment 1 |
13 July 2022 |
|
GB 6675.11-2014 |
Safety of toys – Part 11: Swings, slides and similar activity toys for indoor and outdoor family domestic use. Amendment 1 |
1 February 2023 |
|
GB 19865-2005 |
Safety of electric toys. Amendment 1 |
13 July 2022 |
Europe
Changes to product safety standards
On 16 August 2022, the European Commission published Decision 2022/1401 which amends the Implementing Decision (EU) 2019/1698 as regards European standards for certain childcare articles, children’s furniture, gymnastic equipment, lighters, and information and communication technology equipment.
This table summarises the rows in Annex I which have been added or replaced:
|
Inserted standards |
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|
Row |
Reference |
Title |
|
1a |
EN 716-1:2017+AC:2019 |
Furniture – Children’s cots and folding cots for domestic use – Part 1: Safety requirements |
|
12a |
EN 1272:2017 |
Childcare articles – Table mounted chairs – Safety requirements and test methods |
|
13a |
EN 1400:2013+A2:2018 |
Child use and care articles – Soothers for babies and young children – Safety requirements and test methods |
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48a |
EN 14988:2017+A1:2020 |
Children’s highchairs – Requirements and test methods |
|
48b |
EN 16120:2012+A2:2016 |
Child use and care articles – Chair mounted seat |
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Replaced standards |
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3 |
EN 914:2020 |
Gymnastic equipment – Parallel bars and combination asymmetric/parallel bars – Requirements and test methods including safety |
|
11 and 12 |
EN 1130:2019 |
Children’s furniture – Cribs – Safety requirements and test methods |
|
14 |
EN 1466:2014 |
Child use and care articles – Carry cots and stands – Safety requirements and test methods |
|
27 |
EN ISO 9994:2019 |
Lighters – Safety specification (ISO 9994:2018) |
|
66 and 67 |
EN IEC 62368-1:2020 |
Audio/video, information and communication technology equipment – Part 1: Safety requirements |
Canada
Canada provinces – Stuffed and Upholstered Articles Labelling Law
Quebec’s Stuffed Articles Law Repealed:
- Passed Bill 103 to no longer require products containing filling materials to be registered or labelled
- As Ontario and Manitoba have previously repealed their stuffed articles labelling laws, none of the provinces in Canada now require registration or labelling of stuffed articles
Canada amends 5 regulations under the Canada Consumer Product Safety Act (CCPSA)
Canada has recently issued SOR/2022-122 ‘Regulations Amending Certain Regulations Made Under the Canada Consumer Product Safety Act (Surface Coating Materials)’. Under SOR/2022-122, the following regulations made under the CCPSA that set requirements for applied coating materials are amended:
- Surface Coating Materials Regulations
- Toy Regulations
- Cribs, Cradles and Bassinets Regulations
- Expansion Gates and Expandable Enclosures Regulations
- Playpens Regulations
The amendment includes the following revisions:
- Expands the meaning of a surface coating material to include surface coating materials that do not “dry” on application, such as powder coatings that are applied electrostatically;
- Expands the application for other decorative coating materials that may be applied to products during manufacture to include materials such as stickers or films;
- Expands the 90 mg/kg total lead limit for applied coating materials to all furniture, not only furniture that are considered children’s products;
- Limits the restrictions on lead, mercury and certain other harmful elements in coating materials applied to parts of products that are accessible;
- Removes an outdated test method for certain harmful elements in applied coating materials;
- Requires testing in accordance with a method that conforms to good laboratory practices; and
- Ensures consistency across CCPSA regulations
SOR/2022-122 will become effective on 19 December 2022.
New Zealand
Inclined infant sleep products declared as unsafe goods
On 9 February 2022, the New Zealand authority issued the following notice in the New Zealand Gazette:
Unsafe goods (inclined infant sleep products) indefinite prohibition notice 2022
This notice declares inclined infant sleep products to be unsafe goods and prohibits the supply, offer to supply, or advertise to supply, or import goods indefinitely from the date of publication of the notice in the New Zealand Gazette.
France
Sorting information and Triman signage for furniture
From 1 January 2022, any person who manufactures, imports or introduces household products subject to Extended Marketer Responsibility (REP) on the French market must provide info–tri information (Logo Triman + sorting information) for these products.
This information comprise the following:
- Triman logo
- The sorting rules on the packaging, the product or, failing that, in any other documents provided with the product, and no longer just on the website
- If several elements of the product are subject to different sorting methods, these methods are detailed by element
- It is possible to put the information in vertical or in horizontal formation
- Exceptions:
- For products with a surface area of less than 10 cm2 and sold without document: Possibility to reduce information
- For products with a surface area between 10cm2 and 20cm2: It is obligatory to display the Triman logo and it is not accepted to reduce information
Sample of the logo:
In the case of furniture products, sorting options cover: donation, recycling or collection in store. Please see below a graphic demonstrating two examples that Eco-organisation, Ecomobilier, has proposed:
US
New York regulates flame retardants in certain consumer products
On 31 December 2021, the State of New York approved Bill A5418B to regulate covered flame retardants in certain consumer products. Beginning 1 January 2024, no person shall sell or offer for sale any new upholstered furniture or mattress, that contains any intentionally added covered flame-retardant chemical, individually or in combination.
Under the new regulation, a “covered flame retardant chemical” means any chemical that meets the following criteria:
- A functional use for the chemical is to resist or inhibit the spread of fire or as a synergist to chemicals that resist or inhibit the spread of fire; and
- The chemical is one of the following: a halogenated, organophosphorus, organonitrogen, or nanoscale chemical
In addition, beginning 1 January 2024, no person shall sell or offer for sale any electronic display that contains an intentionally added organ halogen flame retardant chemical in the enclosure or stand of such electronic display. Beginning 1 January 2023, manufacturers of electronic displays must submit an annual report to the New York State Department of Environmental Conservation identifying all of the flame retardants used in the enclosure or stand of the electronic display in a form determined by the Department.
US enacts federal Safe Sleep for Babies Act
On 16 May 2022, U.S. President Joe Biden signed into law the Safe Sleep for Babies Act of 2021, banning the manufacture and sale of crib bumpers and certain inclined sleepers for infants.
An inclined sleeper for infants is defined as a product with an inclined sleep surface greater than ten degrees that is intended, marketed, or designed to provide sleeping accommodations for an infant up to one year old.
A crib bumper is defined as any material that is intended to cover the sides of a crib to prevent injury to any crib occupant from impacts against the side of a crib or to prevent partial or complete access to any openings in the sides of a crib to prevent a crib occupant from getting any part of the body entrapped in any opening, including a padded crib bumper, a supported and unsupported vinyl bumper guard, and vertical crib slat covers. The definition excludes a non-padded mesh crib liner.
Effective 180 days after the date of enactment of this Act, crib bumpers and inclined sleepers for infants, regardless of the date of manufacture, shall be considered a banned hazardous product under Section 8 of the Consumer Product Safety Act.
CPSC has updated safety standards for various children’s products
- Infant bath tubs – 16 CFR 1234 incorporating ASTM F2670-22
- High chairs – 16 CFR 1231 incorporating ASTM F404-21
- Sling carriers – 16 CFR 1228 incorporating ASTM F2907-22
- Frame child carriers – 16 CFR 1230 incorporating ASTM F2549-22
- Infant bouncer seats – 16 CFR 1229 incorporating ASTM F2167-22
- Infant swings – 16 CFR 1223 incorporating ASTM F2088-22
- Gates and enclosures – 16 CFR 1239 incorporating ASTM F1004-22
- Baby Changing products – 16 CFR 1235 incorporating ASTM F 2388-21
- Crib mattresses – 16 CFR 1241 incorporating ASTM F2933-21 with a few modifications
CPSC publishes final rule of the new mandatory standard for clothing storage units
On 25 November 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 24 May 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 labelling of safety and identification information requirements that are different from the previous voluntary industry standard ASTM F2057-19 for CSUs.
Europe
New requirements for plastic materials and articles intended to come into contact with food
On 20 September 2022, the European Commission published Commission Regulation (EU) 2022/1616 of 15 September 2022 on recycled plastic materials and articles intended to come into contact with foods, and repealing Regulation (EC) No 282/2008.
This Regulation concerns the categories of materials and articles into contact with food listed in Annex I of Regulation (EC) No 1935/2004 and, where appropriate, combinations of those materials and articles or recycled materials and articles.
It lays down rules for:
- The placing on the market of plastic materials and articles containing plastic originating from waste or manufactured therefrom
- Requirements for documentation, instructions and labelling for recycled plastic materials and articles
- The development and operation of recycling technologies, processes and installations, to produce recycled plastic for materials and articles in contact with food
- The use in contact with food of recycled plastic materials and articles and of plastic materials and articles which are intended to be recycled
This Regulation shall not apply to the use of waste to manufacture substances included in the Union list of authorised substances in accordance with Article 5 of Regulation (EU) No 10/2011, intended to come into contact with food, when intended for subsequent use in accordance with that Regulation.
The Regulation came into effect on 10 October 2022 and Article 6(3)(c) and 13(2) shall apply from 10 October 2024.
For more information, consult the European Commission website here.
Italy
Change of implementation date for environmental labelling in packaging
On 28 February 2022, the law of 25 February 2022 n. 15 of the conversion of the decree law 30 December 2021 n. 228 (so-called Milleproroghe) was published in the Official Gazette.
Art. 11 of the provision will postpone the application of environmental labelling in packaging until 31 December 2022, as well as the possibility of marketing stocks of products already placed on the market until 1 January 2023.
After this date, the Italian Legislative Decree 116/2020 (amendment of the Italian Environmental Regulations) will be effective and mandatory for the environmental labelling on packaging in Italy for business to consumer (B2C) and business to business (B2B) packaging.
Legislative Decree dated 3 September 2020 (Decree 116/2020- amendment of the Italian Environmental Regulations), which implements EU Directive 2018/851 on waste and EU Directive 2018/852 on packaging and packaging waste, has made environmental labelling compulsory introducing new rules.
For more information, consult the CONAI website here.
The Netherlands
Updated requirements for food contact materials
On 1 July 2022, amendment (3348384-1027396-VGP) to the Dutch Commodities Act on Packaging and Consumer Articles became effective. It was published by the Ministry of Health, Wellbeing and Sports of the Netherlands in April 2022. The main changes include:
- Revisions to the positive list of substances for plastics, rubber and coatings
- New requirements for specific migration for paper and cardboard, metals, textiles, coatings, dyes, pigments and epoxy polymers
- New definitions for paper, cardboard and materials to be used for manufacturing
Items produced in compliance with the Packaging and Consumables Commodities Act as it read on 30 June 2022 and that will be placed on the market before 1 January 2023 may be traded until stocks are depleted. This exception does not apply to packaging and consumer articles made of paper or cardboard and to coatings if they contain the substances referred to in Article I, part C, second paragraph, or the substances referred to in Article I, part J, second paragraph.
To read the full publication, consult the Official Gazette of the Kingdom of the Netherlands here.
France
Packaging under AGEC Law
This new harmonised marking was designed to facilitate the consumer's sorting gesture. Information specifying the sorting methods or deposit of waste resulting from the packaging («info-tri» sorting information label).
From 1 January 2022, and no later than 9 March 2023, it must also appear on household packaging and graphic paper.
Eco-organisations in charge of packaging: CITEO, ADELPHE (have issued its own guidelines for the correct implementation of these measures).
Sample of the logo:
Extended Producer Responsibility – toys, furniture, DIY, garden items, sports and leisure products
From 1 January 2022, the principle of Extended Producer Responsibility (EPR) applies to the sector of toys, outdoor games, DIY and garden products, Sports and Leisure items in accordance with the AGEC law.
The producer is responsible for the end of life of all waste produced as part of the product lifecycle and must fulfill required regulatory obligations. This can be achieved either by joining an eco-organisation or by the producer establishing their own end-of-life waste system (Article L541-10 of the Environmental Code).
Mandatory information specifying the sorting methods or deposit of waste resulting from the product («info-tri» sorting information label) for Furniture, toys, DIY, garden items and sports and leisure products.
- In force from 1 January 2022 and compulsory for all the above categories by 9 September 2022 (or 9 June 2023 for products manufactured or imported before implementation)
- Example of Eco-organisation in charge of these type of products: ECO MOBILIER and ECOLOGIC
Mandatory environmental information in consumer products
- On 29 April 2022, the French authorities published the Decree No. 2022-748 of April 29, 2022 regarding consumer information on the environmental qualities and characteristics of waste-generating products
- Producers, importers and distributors of products that generate residues intended for consumers, including those that use a web site, platform or other online distribution channel must inform to consumer on the qualities and environmental characteristics of products that generate waste according to compliance with the obligation provided for by article L. 541-9-1 of the environmental code
- A product’s environmental qualities and characteristics are very relevant for consumers. It will therefore be mandatory for all consumer products placed 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, these obligations will come into force gradually
- Below is a summary table with the main dates and turnover of the companies:
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Environmental characteristics of waste-generating products (for producers, importers and any other marketers) |
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|
Date |
Annual turnover |
Responsible annually |
|
From 1 January 2023 |
>50 million euros They are not applicable to products for which the last unit is placed on the market between 1 January and 31 March 2023. |
>25,000 units of the products They are not applicable to products for which the last unit is placed on the market between 1 January and 31 March 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 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” 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)
Some publications related to circular economy and consumer goods
In France, the Ministry of Ecological Transition is in charge of matters related to the circular economy and waste. 2022 is a year with a lot of changes planned for the French market and it is therefore important to be updated. Below is a summary of the latest publications (non-exhaustive list):
- Order of 14 December 2021 amending the order of 27 October 2021 on the specifications of eco-organisations and individual systems in the extended responsibility sector of producers of DIY and garden items
- Order of 14 December 2021 amending the order of 27 October 2021 on the specifications of eco-organisations and individual systems in the extended responsibility sector of producers of sporting and leisure articles
- Decree No. 2021-1674 of 16 December 2021 relating to the environmental declaration of construction and decoration products as well as electrical, electronic and HVAC equipment
- Decree No. 2021-1610 of 9 December 2021 relating to the incorporation of recycled plastic in beverage bottles
- Decree No. 2022-2 of 4 January 2022 relating to situations allowing derogation from the ban on the acquisition by the State of single-use plastic products
- LAW no. 2015-992 of 17 August 2015 relating to the energy transition for green growth (1)
- Order of 13 April 2022 specifying the substances contained in mineral oils whose use is prohibited on packaging and for printing intended for the public
- Order of 1 July 2022 amending the specifications of eco-organisations in the extended responsibility sector of producers of furniture components designated in article R. 543-240 of the environment code
- Decree No. 2022-975 of 1 July 2022 relating to the extension to textile decorative elements of the sector with extended responsibility of the producer of furnishing elements and modifying various provisions relating to waste
US
California adds PFOS and PFOA to Prop 65 list as chemicals known to cause cancer
- PFOA and PFOS were originally added to the Prop 65 list in 2017 as chemicals causing reproductive harm
- PFOS was added to the Prop 65 list as a chemical causing cancer on 24 December 2021
- PFOA was added to the Prop 65 list as a chemical causing cancer on 25 February 2022
- Therefore, with the one-year grace period, starting in 24 December 2022, PFOS-containing products need to put a warning label for both reproductive harm and cancer, and starting in 25 February 2023, PFOA-containing products need to put a warning label for both reproductive harm and cancer
Colorado approves new PFAS law
In June 2022, Colorado passed Bill HB 22-1345 to ban intentionally added PFAS in various consumer products. The new law also includes a labelling requirement for cookware containing PFAS substances. Please see Table 1 below for the different requirements and effective dates.
Tabel 1:
|
Product |
Requirement |
Effective Date |
|
Carpets/Rugs – used in households and businesses |
Not sell, offer for sale, distribute for sale or distribute for use any product that contains intentionally added PFAS chemicals |
1 January 2024 |
|
Fabric Treatment |
Not sell, offer for sale, distribute for sale or distribute for use any product that contains intentionally added PFAS chemicals |
1 January 2024 |
|
Food Packaging |
Not sell, offer for sale, distribute for sale or distribute for use any product that contains intentionally added PFAS chemicals |
1 January 2024 |
| Juvenile Products |
Not sell, offer for sale, distribute for sale or distribute for use any product that contains intentionally added PFAS chemicals |
1 January 2024 |
| Oil and Gas Products |
Not sell, offer for sale, distribute for sale or distribute for use any product that contains intentionally added PFAS chemicals |
1 January 2024 |
| Cosmetics |
Not sell, offer for sale, distribute for sale or distribute for use any product that contains intentionally added PFAS chemicals |
1 January 2025 |
| Indoor Textile Furnishing |
Not sell, offer for sale, distribute for sale or distribute for use any product that contains intentionally added PFAS chemicals |
1 January 2025 |
| Indoor Upholstered Furniture |
Not sell, offer for sale, distribute for sale or distribute for use any product that contains intentionally added PFAS chemicals |
1 January 2025 |
| Outdoor Textile Furnishing |
Not sell, offer for sale, distribute for sale or distribute for use any product that contains intentionally added PFAS chemicals |
1 January 2027 |
| Outdoor upholstered Furniture |
Not sell, offer for sale, distribute for sale or distribute for use any product that contains intentionally added PFAS chemicals |
1 January 2027 |
| Cookware |
Cookware that contains intentionally added PFAS chemicals in the handle or in any surface that comes into contact with food, foodstuffs, or beverages shall:
|
1 January 2024 |
Maryland’s new PFAS in products law
SB 273, Chapter 139, an Act concerning “Environment – PFAS Chemicals – Prohibitions and Requirements”:
- Scope: Class B fire-fighting foam, rugs and carpets, food packages made of paper or other plant fibre materials, and plastic disposable gloves used in commercial or institutional food service
- Prohibition of intentionally added PFAS chemicals
- Must establish a certificate of compliance to attest compliance
- Effective Date: 1 January 2024
US enacts “Reese’s Law” to regulate button cell and 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.
Under the new law, the consumer product safety standard shall contain:
- a performance standard requiring the button cell or coin battery compartments of a consumer product containing button cell or coin batteries to be secured in a manner that would eliminate or adequately reduce the risk of injury from button or coin cell battery ingestion by children that are 6 years of age or younger during reasonably foreseeable use or misuse conditions; and
- warning label requirements for packaging, accompanying literature, and the product itself as practicable.
The new law will also require any button cell or coin battery sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the US or included separately with a consumer product sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the US, to have child-resistant packaging in accordance with 16 CFR 1700.15.
Any toy product that is in compliance with the battery accessibility and labelling requirements of 16 CFR 1250 shall be exempt from the requirements of the Act. Button cell or coin batteries that are in compliance with the marking and packaging provisions of ANSI C18.3M shall be exempt from the child-resistant packaging requirements of the Act.
CPSC approves new safety standard for magnets
On 21 September 2022, the Consumer Product Safety Commission (CPSC) issued the new federal safety standard for magnets (16 CFR 1112 and 1262), in order to address the hazards associated with ingestion of one or more high-powered magnets.
The new rule applies to magnet products that are designed, marketed, or intended to be used for entertainment, jewelry, mental stimulation, or stress relief, and that contains one or more loose or separable magnets, but does not include products sold and/or distributed solely to school educators, researchers, professionals, and/or commercial or industrial users exclusively for educational, research, professional, commercial, and/or industrial purposes.
Toys that are subject to 16 CFR 1250 (Safety Standard Mandating ASTM F963 for toys) are exempt from the rule as ASTM F963 already includes requirements to adequately address the magnet ingestion hazard associated with children’s toys.
Under the new rule, if the loose or separable magnet fits entirely within the small parts cylinder described in 16 CFR 1501.4, the magnet must have a flux index of less than 50 kG2 mm2 when tested in accordance with the method described in ASTM F963.
The rule will become effective on 21 October 2022 and will apply to all magnets manufactured after that date.
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