Eurofins Toys & Hardlines Monthly Bulletin (August 2022)
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 to 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 |
|||
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 |
|
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 |
|
Replaced standards |
|||
Row |
Reference |
Title |
|
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 EN 1130:2019/AC:2020 |
|
14 |
EN 1466:2014 |
Child use and care articles – Carry cots and stands – Safety requirements and test methods EN 1466:2014/AC:2015 |
|
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 EN IEC 62368-1:2020/A11:2020 Notice: this publication concerns only clauses 3.3.19 “Sound exposure” and 10.6 “Safeguard against acoustic energy sources” of EN IEC 62368-1:2020/A11:2020. |
The latest consultations by the European Commission related to toys and childcare related products:
Date |
Entity |
Publication |
05-08-2022 |
European Commission |
Safety of children’s products (excluding toys) - requirements to be met by European standards The current standards for childcare articles other than toys are based on a 1997 mandate that is outdated, and the Commission intends to update these safety requirements |
15-07-2022 |
The European Commission and its Scientific Committee on Health, Environmental and Emerging Risks (SCHEER) |
Preliminary Opinion on the safety of the presence of cobalt in toys Children may be exposed to cobalt from different toy types and toy materials. In this consultation the main exposures assessments are:
|
The following table summarises the most recent standards updates and upcoming dates of withdrawal (non-exhaustive):
IEC |
|||
Reference |
Title |
Publication date |
|
Electromagnetic compatibility (EMC) - Part 3: Limit |
28 July 2022 |
||
Primary batteries |
28 July 2022 |
Changes to the period of validity of the EU Ecolabel criteria
On 18 July 2022, the European Commission published Decision 2022/1229 which amends the period of validity of the EU Ecolabel criteria for several product categories.
The following table outlines the changes:
Decision |
Category of article |
New date |
2014/312/EU |
Indoor and outdoor paints and varnishes |
31 December 2025 |
2014/391/EU |
Bed mattresses |
31 December 2026 |
2014/763/EU |
Absorbent hygiene products |
31 December 2023 |
2016/1332 |
Furniture |
31 December 2026 |
2017/176 |
Wood-, cork- and bamboo- based floor coverings |
31 December 2026 |
The latest publications by DGCCRF (Direction générale de la concurrence, de la consommation et de la répression des fraudes) related to consumer products include:
Date |
Publication |
July 2022 |
DGCCRF – Fiche sur l’étiquetage des bijoux The labelling of jewellery is subject to different regulatory provisions depending on whether it is costume jewellery, jewellery made of precious metals (gold, silver, platinum) or jewellery containing gemstones or pearls. This sheet details the applicable regulatory provisions. |
Last publication related to circular economy and consumer goods
In France, the Ministry of Ecological Transition oversees matters related to the circular economy and waste. Many changes planned for the French market are planned in 2022 and it is therefore important to be updated. Below is a summary of the latest publications (non-exhaustive list):
-
- 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.
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.
CPSC Proposes to Rules to Ban Crip Bumpers and Inclined Sleepers for Infants
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.
The Consumer Product Safety Commission (CPSC) has recently proposed to codify the ban on crip bumpers (16 CFR 1309) and inclined sleepers for infants (16 CFR 1310) pursuant to the Safe Sleep for Babies Act.
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.
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 1 year old.
The proposed effective date of the two new rules is 12 November 2022.
CPSC Updates Safety Standard for Sling Carriers
On 19 August 2022, the Consumer Product Safety Commission (CPSC) issued a direct final rule (16 CFR 1228) to update the mandatory Safety Standard for Sling Carriers. The final rule incorporates the latest version of ASTM F2907-22, Standard Consumer Safety Specifications for Sling Carriers, with one modification.
16 CFR 1228 includes an additional requirement for label attachment. The mandatory standard requires that warning labels that are attached to the fabric with seams shall remain in contact with the fabric around the entire perimeter of the label, when the sling is in all manufacturer recommended use positions.
The direct final rule will become effective on 19 November 2022 unless the CPSC receives any significant or adverse comments by 19 September 2022.
Delaware Passes New Flame Retardants Law
On 4 August 2022, Delaware passed HB 77 to restrict a variety of flame-retardant chemicals in certain consumer products. The effective date is 1 July 2023. Please see Table 1 below to see a summary of the restrictions.
Table 1
Substance |
Scope* |
Limit |
Effective Date |
2-ethylhexyl-2,3,4,5-tetrabromobenzoate (TBB) |
|
0.1% of a flame-retardant chemical or 0.1% of a mixture that includes 1 or more flame-retardant chemicals |
1 July 2023 |
Antimony |
|||
Bis(2-ethylhexyl) |
|||
Chlorinated paraffins |
|||
Decabromodiphenyl ether |
|||
Hexabromocyclododecane |
|||
Tetrabromobisphenol A |
|||
Tris(1,3-dichloro-2-propyl) phosphate |
|||
Tris(2-chloroethyl)phosphate (TCEP) |
|||
Tris(1-chloro-2-propyl)phosphate (TCPP) |
|||
Organohalogens**** |
Mattresses |
0.1% of an organohalogen or 0.1% of a mixture that includes 1 or more organohalogens |
|
*Exemptions: (1) Used upholstered furniture (2) Used mattresses (3) Upholstered and reupholstered furniture purchased for public use in public facilities (4) Thread or fiber when used for stitching mattress components together (5) Used children’s products or children’s products that are used in products or components as follows: (a) are not primarily intended for use in the home, such as motor vehicles, watercraft, aircraft, or other vehicles (b) are subject to 49 C.F.R. Part 571 regarding parts and products used in vehicles and aircraft (6) Components of an adult mattress other than foam (7) Electronic components of a children’s product, mattress, or upholstered furniture, or any associated enclosure or casing for the electronic components (8) A product transferred to a vehicle at a warehouse or distribution center for delivery in another state to any of the following: (a) a location under the same ownership as the warehouse or distribution center (b) a person acquiring the product for resale in another state (9) Mattresses or upholstered furniture that can be sold or distributed in commerce in California ** Children’s product means product designed for residential use by infants and children under 12 years old, including a bassinet, booster seat, changing pad, floor play mat, highchair pad, infant bouncer, infant carrier, infant seat, infant swing, infant walker, nursing pad, nursing pillow, playpen side pad, play yard, portable hook-on chair, stroller, mattress, and children’s nap mat. *** Upholstered furniture means residential furniture intended for indoor use in a home or other dwelling intended for residential occupancy that consists in whole or in part of resilient cushioning materials enclosed within a covering consisting of fabric or related materials. **** Organohalogen means a class of chemicals that includes any chemical containing 1 or more halogen elements bonded to carbon.
|
California Proposition 65 Reformulations
California Proposition 65 is the ‘Safe Drinking Water and Toxic Enforcement Act of 1986’, which has been effective for almost 30 years. Due to the implementation of California Proposition 65, more and more court cases are settled to reduce the exposure of carcinogenic and reproductive chemicals by reformulating the consumer products containing such chemicals.
In order to keep retailers and manufacturers up-to-date, the highlights of the consent agreements and settlements are summarised as below:
Product |
Chemical |
Limit |
Case No |
Sous vide containers |
BPA, BPS, BPF, BPAF |
No detectable amount |
Out of Court Settlement |
Children’s back packs |
DIDP |
1000 ppm or utilise a warning statement |
Out of Court Settlement |
Desk valets |
DIDP |
1000 ppm or utilise a warning statement |
Out of Court Settlement |
Plastic storage bag |
DEHP |
1000 ppm or utilise a warning statement |
Out of Court Settlement |
Pouches and handbags |
DEHP, DINP |
1000 ppm or utilise a warning statement |
Out of Court Settlement |
Bundling wraps |
DINP |
1000 ppm or utilise a warning statement |
Out of Court Settlement |
Storage and smartphone bags |
DINP |
1000 ppm or utilise a warning statement |
Out of Court Settlement |
Halloween costume hat |
DINP |
1000 ppm or utilise a warning statement |
Out of Court Settlement |
Leather footwear |
Chromium VI |
0.1% mass of chromium/total dry weight of leather or utilise a warning statement |
Alameda Superior Court RG 19-034870 |
China Releases New Product Standards
The Chinese Ministry of Industry and Information Technology has recently issued various new industry and national product standards. Please see Table 1 below:
Table 1:
Standard |
Enforcement Date |
GB 4806.8-2022 National Food Safety Standard Food Contact Paper and Cardboard Materials and Products |
30 June 2023 |
GB 4806.12-2022 National Food Safety Standard Bamboo and Wood Materials and Products for Food Contact |
30 December 2022 |
GB/T 27590-2022 Paper cup |
1 February 2023 |
HG/T 2019-2022 Black rain boots(shoes) |
TBD |
GB/T 41637-2022 Hair products—General technical specification |
1 February 2023 |
GB/T 26391-2022 Toilet seat paper |
1 August 2023 |
HG/T 4358-2022 Digital colour photographic paper |
TBD |
GB/T 41526.1-2022 Protective equipment for sports—Protective equipment for winter sports—Part 1:Safety requirements and testing methods for helmets of alpine skiers and snowboarders |
|
GB/T 24455-2022 Hand towel |
1 August 2023 |
GB/T 26182-2022 Household and similar healthful massage chair |
1 February 2023 |
GB/T 41527-2022 General safety requirements for household and similar service robots |
11 July 2022 |
GB/T 13171.1-2022 Laundry powders—Part 1:Technical requirements |
1 August 2023 |
GB 14930.1-2022 National Food Safety Standard Detergent |
30 June 2023 |
GB 6675.1:2014 (amendment 1) – Toys – Mechanical and physical properties |
13 July 2022 |
GB 6675.11:2014 (amendment 1) – Swings, slides and similar activity toys for indoor and outdoor family domestic use |
1 February 2023 |
GB 19865:2005 – Electric toys - safety |
13 July 2022 |
Regulatory proposals notified to the WTO
The following table summarises the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive):
Notification number |
Countries |
Category |
Title |
Mexico |
Toys |
Draft Mexican Official Standard PROY-NOM-253-SE-2021, Toys -mechanical, physical and electrical safety and flammability requirements |
Update of ISO standard for food contact enameled articles
In April 2022, the International Organization for Standardization (ISO) published ISO 4531:2022 for testing food contact enameled articles. This second edition contains several changes when compared to the 2018 edition. This:
- Strengthens the migration limit for aluminum five-fold. This new limit is derived from Regulation (EU) 2016/1416 amending and correcting Regulation (EU) 10/2011 on food contact plastics;
- Requires the three consecutive release tests to be carried on the same day using the same sample and a fresh test solution per test;
- Stipulates test reports to include any relevant information to uncertainty of measurement and any deviations from the procedure.
Below, you will find a monthly table summarising product recalls and alerts in Europe (Source “RAPEX” and “RASFF”) and the U.S. (Source “CPSC”)
RAPEX (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities)
The following 38 alerts regarding childcare articles, equipment and toys were reported between week 29 and week 33 of 2022.
Type of Risk |
Number of alerts |
Notes |
|
|
Plastic toy |
|
Children's head band |
|
|
Plastic dolls |
|
|
Muslin cloths |
|
|
Police toy set |
|
|
Inflatable armbands |
|
|
|
Plush toy |
|
Puffer toy |
|
|
Fancy dress |
|
|
Toy car/aeroplane |
|
|
Toy set |
|
|
|
Magnetic balls |
|
Battery operated toy |
|
|
Expandable toy |
|
|
Toy-helicopter with sweets |
|
|
|
Beach ball |
|
|
Battery operated toy |
|
|
Magnetic balls |
The following 3 alerts regarding furniture were reported between week 29 and 33 of 2022.
Type of Risk |
Number of alerts |
Notes |
|
|
Shower mat |
|
|
Plastic chair |
Bunk bed |
The following 18 alerts regarding hard goods/ miscellaneous goods were reported between week 29 and 33 of 2022.
Type of Risk |
Number of alerts |
Notes |
|
|
Food dehydrator |
|
2 |
Padel racket |
1 |
Pencil case |
|
13 |
Jewellery |
|
|
1 |
Candle |
RASFF (European Commission Rapid Alert System for Food and Feed - Alerts reported by EU national authorities)
The following 4 alerts regarding Food Contact Materials related to children's tableware were reported from 21 July 2021 to 20 August 2022.
Product |
Substance / Hazard |
|
Kids tableware |
Unauthorised use of bamboo in children's tableware |
|
Bamboo dinner set |
Children dinner set with bamboo fibres |
|
Baby sippy cup |
Bisphenol A in sippy cup for children |
|
Children's tableware |
Migration of melamine from children's tableware |
OPSS issues Product Safety Alerts on the UK market. The following alerts regarding toys and childcare products were reported between week 29 and week 33 of 2022.
15 recalls regarding toys and childcare products
Type of Risk |
Number of alerts |
Notes |
|
|
Slime kit |
1 |
Wooden children's plate |
|
|
|
Plush toy |
|
|
Bath toys duck set |
|
|
Magnetic sticks building blocks toys |
1 |
Catapult powered flying helicopter that lights up |
|
2 |
Magnetic balls |
|
|
1 |
Plush toy The product does not meet the requirements of the Toy (Safety) Regulations 2011. |
Strangulation and asphyxiation |
1 |
Toy drum |
|
1 |
Infant sleeping bag |
1 recall regarding furniture
Type of Risk |
Number of alerts |
Notes |
|
|
Portable hammock |
2 recalls regarding hobby and sports equipment
Type of Risk |
Number of alerts |
Notes |
|
|
Necklace |
|
|
Inflatable paddle board package |
From 28 July 2022 to 25 August 2022, the CPSC (Consumer Product Safety Commission) published the following recalls:
6 recalls regarding Toys and childcare products
Hazard |
Number of alerts |
Notes |
Burn |
|
Play tents and playhouses |
|
2 |
Glass baby bottles |
|
Children’s outdoor kitchens |
|
Strangulation |
|
Infant swings and baby rockers |
Entanglement and entrapment |
|
Activity desk toys |
Fall and injury |
|
Ride-on toys |
4 recalls of consumer products
Type of Risk |
Number of alerts |
Notes |
Injury |
|
Ceramic pulleys for switchblade and drifter kiteboarding kits |
Laceration |
|
Cordless hedge trimmers |
Puncture and laceration |
|
Paddles for stand-up paddleboards |
Fall and crash |
|
Bicycle handlebars |