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Resources >> Industry Newsletter >> Eurofins THL Monthly Bulletin (August 2021)

Eurofins Toys & Hardlines Monthly Bulletin (August 2021)

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Eurofins newsflash Toys and Hardlines

 

EUROPE

 

New requirements for artificial sports pitches and playgrounds

 

On 21 July 2021, the European Commission published the following regulation on the restriction of polycyclic aromatic hydrocarbons (PAHs) in artificial sports pitches and playgrounds:

 

Commission Regulation (EU) 2021/1199 of 20 July 2021 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards polycyclic-aromatic hydrocarbons (PAHs) in granules or mulches used as infill material in synthetic turf pitches or in loose form on playgrounds or in sport applications.

 

It applies to rubber granules or mulches which are used as infill material in synthetic turf pitches, playgrounds or in sport applications. The new limit is 20 mg/kg (0,002 % by weight) of the sum of all listed PAHs.

 

Hence the entry 50 of Annex XVII to Regulation (EC) No 1907/2006 was modified and expands the scope of the restriction on PAHs.

 

 

New General Product Safety regulation draws closer

 

The European Commission is working on the update of the General Product Safety Regulation. The table below summarises the recent proposal and drafts related to this matter:

 

Date

Reference

Title

30/06/2021

COM/2021/346 final

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council, and repealing Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council

30/06/2021

SWD/2021/169 final

COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT REPORT Accompanying the document Proposal for a Regulation of the European Parliament and of the Council on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council, and repealing Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council

01/07/2021

ST 10381 2021 INIT

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council, and repealing Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council

 

For more information about this procedure (2021/0170/COD), consult the European Commission here

 

 

Perfluorinated carboxylic acids restricted under REACH Annex XVII Entry 68

 

On 5 August 2021, the European Union (EU) published Regulation (EU) No 2021/1297, which updated Annex XVII of REACH. Certain perfluorocarboxylic acids (C9-C14 PFCAs), their salts and C9-C14 PFCA-related substances will be banned from being placed on the market or used in most applications from 25 February 2023 onwards.

 

Read more about the main updates on the restricted substances here.

 

 

Standards Updates

 

Please see the below table summarising the most recent standards updates and upcoming dates of withdrawal (non-exhaustive):

 

(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.

(**) Date of availability: date when the definitive text in the official language versions of an approved CEN/CENELEC publication is distributed by the Central Secretariat

 

CENELEC / CEN

Reference

Title

Date of withdrawal (*)

Supersedes

EN 17191:2021

Children’s Furniture - Seating for children - Safety requirements and test methods

2022-01-31

 

EN 16890:2017+A1:2021

Children's furniture - Mattresses for cots and cribs - Safety requirements and test methods

2021-12-31

 

EN 13209-1:2021

Child care articles - Child carriers - Safety requirements and test methods - Part 1: Framed back carrier

2022-07-31


EN 13209-1:2004

Reference

Title

Date of Availability (**)

Supersedes

CEN/TR 15371-2:2021

Safety of toys - Interpretations - Part 2: Replies to requests for interpretation of the chemical standards in the EN 71-series

2021-07-14

 

EN IEC 63056:2020/AC:2021-07

Secondary cells and batteries containing alkaline or other non-acid electrolytes - Safety requirements for secondary lithium cells and batteries for use in electrical energy storage systems

2021-07-09

 

CEN/TR 15071:2020/AC:2021

Safety of toys - National translations of warnings and instructions for use in the EN 71 series

2021-08-11

 

 

 

Technical Publications

 

Please find below a table summarising recent technical publications (non-exhaustive):

 

Date

Entity

Comments

29/07/2021

ANSES (France)

Keep water beads out of the reach of children

Information about the risk of swallowing water beads which can be found in toys for young children.

09/08/2021

EFSA (European Food Safety Authority)

Safety assessment of the substance silver nanoparticles for use in food contact materials

24/06/2021

ANSES (France)

Keep objects containing magnetic balls out of the reach of children!

Information about the risk of swallowing magnetic balls which can be found in toys for young children.

 

 

FRANCE

 

Updated standards list for the use of childcare articles

 

On 18 July 2021, the Opinion on the application of decree n ° 91-1292 of December 20, 1991 relating to the prevention of risks resulting from the use of childcare articles was published.

 

This includes in the appendix the list of references of the standards mentioned in article 4 of decree n ° 91-1292 of December 20  1991, relating to the prevention of risks resulting from the use of childcare articles. The following table summarises the main changes:

 

Reference

Title

Type

NF EN 14988 + A1: 2020

February 2020 “High chairs for children”

New version

NF EN 13210 -1

November 2020 “Harnesses and leashes for walking for children”

New version

NF EN 13210-2

November 2020 “Harnesses equipped with backpacks and walking leashes for children”

New version

NF D60-300-4

December 2019 “Children's furniture - Domestic use - Part 4: Requirements and test methods for beds without a carrycot”

New version

NF EN 15918 + A2

May 2018 “Cycles - Trailers for cycles - Safety requirements and test methods”.

New standard

Note:

  • The standards adopted by the national standardisation institutes of the Member States of the European Union and of the States party to the agreement establishing the European Economic Area or of Turkey, transposing the corresponding European standards, are recognised as equivalent.
  • Seats and cradles relating to restraint systems for children transported onboard motor vehicles, are also subject to decree n ° 91-1292 when they are used outside a vehicle as a deckchair or bassinet.

 

To see the complete list, consult the official publication here.

 

 

UK

 

UK Government extends UKCA marking deadline

 

On 24  August 2021, the UK government announced that businesses have been given an additional year to apply the UKCA marking to their products, businesses now have until 1 January 2023 to apply the UKCA marking to their products.

After receiving feedback from the industry, the UK government has extended the date to give businesses more time to implement the changes necessary to comply with the UK marking requirements.

 

For more information, consult the UK government website here.

 

 

SWITZERLAND

 

Alignment of the Swiss toy requirements with the European Legislation

 

On 8  July 2021, the Ordinance of the Federal Department of Home Affairs (FDHA) on the Safety of Toys (Toys Ordinance, RS 817.023.11; GermanFrench and Italian versions) was amended by the Swiss Official Collection 2021 425 (GermanFrench and Italian versions). The main changes are:

 

  • Add substances to the list of allergenic fragrances.
  • New Aluminium migration limits 
  • New Formaldehyde limits
  • SN EN 71-3:2019 Replaces ‘SN EN 71-3:2013 with corrigendum A3:2018’ for the migration of certain elements

This amendment came into effect on August 1, 2021.

 

 

US

 

CPSC Approves New Rule 16 CFR 1236 Safety Standard for Infant Sleep Products

 

In June 2021, the Eurofins monthly bulletin informed you that the Consumer Product Safety Commission (CPSC) approved a new 16 CFR 1236 Safety Standard for Infant Sleep Products (see news here). The rule has been published in the Federal Register, and will come into effect 23 June 2022, 12 months from date of publication in the Federal Register.

 

For more information, please click here.

 

 

Oregon Passes HB3379 into Law - Prohibiting Crib Bumper Pad

 

Recently, the governor of Oregon signed HB3379 into law, which is an amendment to the Oregon Revised Statute, ORS 646A.504 and 646A.506, to prohibit the sale and use of crib bumper pads in the state.

 

A “Crib bumper pad” means a pad, other than a mesh liner, that rests directly above the mattress in a crib, or that runs along the surface area or any of the interior sides of the crib. 

 

The amendments prohibit the manufacturing, retrofitting, selling, leasing, subletting or placing into the stream of commerce any crib bumper pads or crib equipped with crib bumper pads or as an accessory. Any commercial user or place of public accommodation may not use or have on the premises a crib bumper pad unless a medical professional has determined that using a crib bumper pad is medically necessary for a particular infant that uses a crib on the premises of the commercial user or place of public accommodation.

 

These requirements come into effect on 8 June 2021.

 

For more information, please click here.

 

 

Standards Updates

 

The table below summarises some recent ASTM standards updates:

 

Reference

Title

ASTM F2088 - 21

Standard Consumer Safety Specification for Infant and Cradle Swings

ASTM F833 - 21

Standard Consumer Safety Performance Specification for Carriages and Strollers

 

 

AUSTRALIA/NEW ZEALAND

 

Mandatory requirements for projectile toys

 

On 29  July 2021, The Consumer Goods (Projectile Toys) Safety Standard 2020 was amended to incorporate updates recently made to the voluntary Australian/New Zealand and International standards on which it is based.

 

The table below summarises the reference standards for projectile toys:

 

Region

Title

Reference

Australia/ New Zealand

AS/NZS 8124.1:2019

Safety of Toys - Part 1: Safety Aspects Related to Mechanical and Physical Properties (including amendments 1 and 2)

Europe

EN 71-1:2014+A1:2018

Safety of Toys - Part 1: Mechanical and Physical Properties

International

ISO 8124.1:2018

Safety of Toys - Part 1: Safety Aspects Related to Mechanical and Physical Properties (including amendments 1 and 2)

America

ASTM F963-17

Consumer Safety Application for Toy Safety.

 

There is a transition period for these mandatory standards and the suppliers will be able to adapt their Projectile toys by the deadlines. The main dates are:

 

Date

Requirements

Up to 11 June 2022

The Consumer Goods (Projectile Toys) Safety Standard 2020 

or Consumer Protection Notice No. 16 of 2010 (Consumer Product Safety Standard for Children's Projectile Toys).

From 12 June 2022

The Consumer Goods (Projectile Toys) Safety Standard 2020

 

For more information, consult Product Safety Australia’s website here.

 

 

BRAZIL

 

 

New requirements for toys and childcare products

 

In July 2021, Inmetro (Brazil’s Ministry of Economy/National Institute of Metrology, Quality and Technology) published the following Ordinances related to Childcare products:

 

Title

Effective Date

Ordinance No. 302 of July 12, 2021 on approving the Technical Quality Regulation and the Conformity Assessment Requirements for Toys - Consolidated.

14/07/2021

Ordinance No. 301 of July 12, 2021 on approving the Conformity Assessment Requirements for Pacifiers - Consolidated

16/07/2021

 

 

INTERNATIONAL

 

 

Regulatory proposals notified to WTO

 

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

 

Notification number

Countries

Title

G/TBT/N/EU/832

Europe

Draft Commission Regulation refusing to authorise a health claim made on foods and referring to children's development and health

G/TBT/N/PER/132

Peru

Draft Health Standard regulating bisphenol A in varnishes and coatings used in packaging for foods for infants and young children.

G/TBT/N/AUS/134

Australia

Ratification of the Minamata Convention on Mercury – Final Regulation Impact Statement.


Australia proposes to:

  • Amend regulations under the Customs Act 1901 to prohibit the import and export of elemental mercury;
  • Amend regulations and rules under the Therapeutic Goods Act 1989; Agricultural and Veterinary Chemicals (Administration) Act 1992; and Industrial Chemicals Act 2019 to prohibit the manufacture, import and export of certain mercury-containing products in Australia; and the import and export of elemental mercury;
  • Create a new rule under the Recycling and Waste Reduction Act 2020 to prohibit the manufacture, import and export of certain mercury-containing products in Australia.

These amendments, along with other domestic law changes, will allow Australia to ratify and comply with the obligations of, the Minamata Convention on Mercury.

G/TBT/N/ISR/1212

Israel

SI 6558 part 1 - Jewellery safety: Children's jewellery - Safety requirements


This draft standard revision adopts the American Standard ASTM F2923 - 20 dealing with the safety requirements for children's jewellery.

 

 

International Highlights

 

The table below summarises some recent international regulation news:

 

Date

Country

News

16/06/2021

Thailand

Thailand’s Ministry of Industry published a regulation on the teat products which indicate that the standard TIS 1025-2562 (2019) for pacifiers is mandatory.

It indicates materials, construction, performance, packaging and product information requirements.

07/06/2021

India

India's Ministry of Commerce and Industry published the Order  S.O.2166(E) - the Plugs and Socket-Outlets and Alternating Current Direct Connected Static Prepayment Meters for Active Energy (Quality Control) Order, 2021.

 

 

PRODUCT RECALLS / ALERTS

 

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

 

Europe

 

The following 70 alerts regarding Childcare articles, equipment and toys were reported, between week 25 and week 31 of 2021.

 

Types of Risk

Number of alerts

Notes

Burns

2

Children's fancy dress costume:

The fancy dress costume is easily flammable and the flame propagation is too high. If it catches fire, the child could suffer burns. It does not comply with the Toy Safety Directive and EN 71-2.

1

Costume

The mask is easily flammable and the flame propagation is too high. It does not comply with the Toy Safety Directive and EN 71-2.

1

Electric toy

The surface of the battery compartment can overheat. It does not comply with the Toy Safety Directive and EN 71-1 and EN 62115.

Burns, Cuts, Injuries

1

Toy tent

The tent material is easily flammable and the flame propagation is too high. Furthermore, the tent's frame is not sufficiently stable and can break when using the product. It has sharp edges. It does not comply with the Toy Safety Directive and EN 71-1 and EN 71-2.

Chemical

12

Plastic toys 

The toy contains an excessive amount of  bis(2-ethylhexyl) phthalate (DEHP), di-n-octyl phthalate (DNOP), benzyl butyl phthalate (BBP), diisodecyl phthalate (DIDP), dibutyl phthalate (DBP), di-isonylephthalate (DINP),  diisobutyl phthalate (DIBP) and the flame retardant tris(2-chlor-1-methylethyl phosphate (TCPP). It does not comply with Toy Safety Directive nor with REACH

1

Slime

The migration of boron from the toy slime is too high. It does not comply with the REACH, the Toy Safety Directive and EN 71-3.

1

Set of plastic balls

They contain an excessive amount of diisobutyl phthalate (DIBP). They do not comply with the REACH Regulation.

1

Finger paint set

There is an excessive migration of lead in the white paint and the red and green finger paints release an excessive amount of nitrosamines , among which n-nitrosodiethanolamine (NDELA) is included.

It does not comply with the Toy Safety Directive and with the EN 71-3 and EN 71-12.

Chemical, Damage to hearing

1

The product’s plastic contains an excessive amount of polycyclic aromatic hydrocarbons (PAHs), notably benzo[a]anthracene (BaA).  Furthermore, the sound pressure level is too high. It does not comply with the REACH Regulation and the Toy Safety Directive and EN 71-1.

Chemical, Damage to sight

1

Balloons

The rubber of the red balloons releases an excessive amount of nitrosatable substances, which generate nitrosamines. The design of the safety goggles is inappropriate to protect against droplets. 

It does not comply with the Toy Safety Directive, EN 71-4 and EN 71-12.

Chemical, Choking

2

The battery compartment can be easily opened without the use of a tool, meaning that the button batteries are accessible.  It does not comply with the Toy Safety Directive and EN 62155.

Chemical

Choking

Strangulation

1

Toy guitar

The toy breaks easily releasing small plastic parts which, when swallowed,  could cause choking. The battery compartment can be easily opened, leaving batteries accessible. A child may ingest them, which could cause damages to the gastrointestinal tract. Finally, the strap of the toy guitar has no quick release mechanism. If worn around the neck, it could form a loop and become trapped, leading to strangulation. It does not comply with the requirements of the Toy Safety Directive and EN 71-1 and EN 62115.

Choking

15

Small parts. It does not comply with the requirements of the Toy Safety Directive and EN 71-1.

Choking

Injuries

1

Wooden rattle

The product has a protruding part. If a child puts the toy in the mouth and falls face down, the protruding part could obstruct the airways, causing choking and injuries around the pharynx or trachea area. It does not comply with the requirements of the Toy Safety Directive and EN 71-1.

Choking, Strangulation

1

Caterpillar toy

Small parts can easily detach (caterpillar's feelers). Furthermore, the cord of the toy is too long.  It does not comply with the Toy Safety Directive and EN 71-1.

Choking, Suffocation

1

Small parts may easily detach from the toy. The fibrous stuffing material of the toy is easily accessible due to the weakness of certain seams. It does not comply with the regulations on the safety of toys and EN 71-1.

Cuts

Fire

Injuries

1

Toy tent

It poses a risk of fire due to the high flammability of the material of the tent.  A child may also break the tent's frame and get injured or suffer cuts because of sharp elements of the frame.

It does not comply with the requirements of the Toy Safety Directive and EN 71-1 and EN 71-2.

Entrapment

1

Playground with slide and swing

It has accessible holes which may cause entrapment of fingers when the body of the child is in a forced movement (close to the starting section of the slide).

It  does not comply with the Toy Safety Directive and EN 71.

1

Toy scooter

There are accessible gaps between moving parts of the scooter's handlebar. It does not comply with the Toy Safety Directive and EN 71-1.

Entrapment, Injuries

1

Toy scooter

There are accessible gaps between moving parts of the scooter's handlebar. 

The wheels are too small and could get stuck in holes in the ground. Additionally, the scooter's frame lacks the mark indicating the minimal insertion depth of the handlebar, which might be insufficiently inserted and detached while the child is riding the scooter. 

 It does not comply with the Toy Safety Directive and EN 71-1.

2

The product has accessible openings and accessible holes, in which children can become trapped or suffer injuries.

It does not comply with the Toy Safety Directive and EN 71-8.

1

Play frame with slide and swings

The toy has partially closed openings and accessible holes (between the seat and the backrest of the face-to-face swing), in which children can become trapped or suffer injuries.

It does not comply with the requirements of the Toy Safety Directive and EN 71-8.

1

Foldable sunbed

Due to the sunbed folding mechanism, the user's fingers can get trapped between the seat and the folding mechanism. This can also lead to injuries and even amputation of one or more fingers.

It does not comply with the requirements of the General Product Safety Directive and EN 581-1

Injuries

2

Toy magnetic set

The toy contains a small magnet with a high magnetic flux. It does not comply with the Toy Safety Directive and EN 71-1.

1

Clothing, textiles and fashion items

It has long functional cords in the waist area. It does not comply with the General Product Safety Directive and EN 14682.

1

Childcare articles and children's equipment

The locking mechanism of the drop side may not work properly and the distance between the floor and the drop side in its lowest position is too small.  It does not comply with the General Product Safety Directive and EN 716-1.

4

Children's bed

The construction of the children bed is not stable enough and during normal play (when jumping). It does not comply with the General Product Safety Directive and with EN 1725.

3

Magnetic toy

The product can easily break into small parts, containing magnets with a high magnetic flux.

It does not comply with the Toy Safety Directive and EN 71-1.

1

Toy scooter

Some parts of the product (the metal latch and the steering tube) don't lock properly. Additionally, the handlebars may easily detach. As a consequence, a child might fall or body parts may become trapped. It does not comply with the Toy Safety Directive and EN 71-1

1

Toy scooter

There are accessible gaps between moving parts of the scooter. It does not comply with the Toy Safety Directive and EN 71-1.

Entrapment, Injuries, Strangulation, Suffocation

1

Baby nest 

If the head of the baby is placed into the wrong direction, it may get trapped in the gap opening. Because of horizontal gaps, the bumper part may cover the baby's mouth and nose causing suffocation. The product has long cords that can cause injuries and strangulation. Furthermore, the product is not accompanied by any purchase information, warnings, nor instructions for use.

It does not comply with the General Product Safety Directive and EN 16890, EN 16780 and EN 16781.

Entrapment

Injuries

1

Wooden swing

It has accessible openings and accessible holes, in which children can become trapped or suffer injuries.

It  does not comply with the requirements of the Toy Safety Directive and EN 71-8.

Injuries, Strangulation, Suffocation

1

Baby nest 

The cords could potentially trap the child’s toes, possibly leading to injuries.  The child’s nose and mouth could become stuck in the horizontal gaps between the mattress and the side of the nest, leading to a risk of suffocation. The presence of openings at the junction of the sides of the baby nest, at the end, could trap the child’s head, leading to a risk of strangulation. It does not meet the General Product Safety Directive and EN 16890.

Strangulation

1

The toy contains a long cord made from elastic material and can be considerably stretched during use. It does not comply with the Toy Safety Directive and EN 71-1.

1

Plastic toy

The toy is elastic and can be considerably stretched during use. A child could swing the toy around the head and twist it around the neck, causing strangulation. It does not comply with the Toy Safety Directive and EN 71-1.

Suffocation

1

Sleep bag

The neck opening is too large in relation to the child’s height/age. It does not comply with the General Product Safety Directive and EN 16781.

 

 

US

 

From 21 June 2021 to 20 August of 2021, CPSC (Consumer Product Safety Commission) published the following recalls: 3 recalls regarding Childcare and children’s products

 

Hazard

Number of alerts

Notes

Fall

1

Adapters included with stroller: The adapters can detach.

Choking

1

Baby rattle Sets: The feet on rattle can detach

Choking

1

Teether Rings: The finished wooden ring can break into small parts.