Eurofins Toys & Hardlines Monthly Bulletin (July 2022)
On 29 June 2022, the new version of “Blue Guide” was published, a “Guide to the application of the directives drawn up on the basis of the provisions of the new approach and the global approach”.
The first version of the guide was published in 2000 and has since become one of the main explanatory reference documents for the implementation of New Approach legislation, now covered by the New Legislative Framework (NCL).
The guidance has been designed to contribute to a better understanding of EU product regulations and to a more uniform and coherent application of these regulations in the different sectors and across the single market.
It is aimed at EU Member States and other interested parties who need to be informed about the provisions aimed at guaranteeing the free movement of products and a high level of protection throughout the Union (trade associations, consumer associations, standards bodies, manufacturers, importers, distributors, conformity assessment bodies and trade unions, for example).
It also applies to countries in the European Economic Area (EEA), as well as Switzerland and Turkey, in certain cases.
The below table summarises the most recent standard 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(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.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 announcement: latest date by which the existence of an EN (and HD for CENELEC), a TS or a CWA has to be announced at national level.
|
CEN |
|||
|
Reference |
Title |
Date of withdrawal (*) |
Supersedes |
|
Paints and varnishes - Wettability - Part 1: Vocabulary and general principles (ISO 19403-1:2022) |
31-12-2022 |
||
|
Reference |
Title |
Date of Announcement |
Supersedes |
|
Paints and varnishes - Coating systems for wind-turbine rotor blades - Part 1: Minimum requirements and weathering (ISO/TS 19392-1:2018) |
30-09-2022 |
|
|
|
Paints and varnishes - Coating systems for wind-turbine rotor blades - Part 2: Determination and evaluation of resistance to rain erosion using rotating arm (ISO/TS 19392-2:2018) |
30-09-2022 |
|
|
|
Paints and varnishes - Coating systems for wind-turbine rotor blades - Part 3: Determination and evaluation of resistance to rain erosion using water jet (ISO/TS 19392-3:2018) |
30-09-2022 |
|
|
Technical publications regarding Toys
The latest publications by several entities related to consumer products and circular economy include:
|
Date |
Country/ Region |
Entity |
Publication |
|
16-06-2022 |
Germany |
BfR |
Opinion No 013/2022 |
|
05-07-2022 |
France |
DGCCRF |
Investigative report 2020: Toy safety under surveillance. |
|
07-07-2022 |
France |
ANSES |
Improvements in the regulation of hazardous substances in school supplies
|
Updated standards list for toys
On 3 August 2022, The Department for Business, Energy and Industrial Strategy issued a notice of proposal to publish no. 0063/22 providing new designated standards in support of the Toys (Safety) Regulations 2011 (S.I. 2011/1881).
The list of published standards in Annex I are proposed to be amended as follows:
- EN 71-2:2020 - Flammability
- EN 71-3:2019+A1:2021 - Migration of certain elements
- EN 71-4:2020 - Experimental sets for chemistry and related activities
- EN 71-7:2014+A3:2020 - Requirements and test method
- EN 71-12:2016 - N-Nitrosamines and N-nitrosatable substances
- EN 71-13:2021 - Olfactory board games, cosmetic kits and gustative games
The references to standards are proposed to be published and accordingly designated at 00.01 on the 29th day beginning with the date of this notice unless this notice is withdrawn or amended before that date. Subject to this, the implementation date will be on 1 September 2022.
Any objection to the proposed publication for this purpose may be made to designatedstandards@beis.gov.uk using the objection form.
This update will align the UK requirements with the current list of harmonised standards in support of the European Toy Safety Directive 2009/48/EC, in terms of standards that give presumption of conformity. However, EN 62115 (Electric toys - safety) will still be misaligned.
On 1 April 2022, the plastic packaging tax came into force in the UK. This new tax applies to plastic packaging components designed to contain, protect, handle, present and /or deliver goods.
This tax does not apply to plastic packaging composed of at least 30% or more recycled plastic.
The responsible person/entity for the packaging must register for Plastic Packaging Tax if they:
- Expect to import into the UK or manufacture in the UK 10 tonnes or more of finished plastic packaging components in the next 30 days.
- Have imported into the UK or manufactured in the UK 10 tonnes or more of finished plastic packaging components since 1 April 2022.
The 10 tonnes of plastic packaging components can be a combination of manufactured and imported packaging. The responsible person/entity must register within 30 days of reaching the 10 tonnes threshold; otherwise, a financial penalty may be issued.
The UK authorities have published guidance, with examples, on packaging that does and doesn’t fall into the scope of this tax and other points as how to work out the percentage of recycled plastic.
For more information, consult the GOV.UK’s website here.
CPSC updates safety standard for infant bathtubs
On 24 June 2022, the Consumer Product Safety Commission (CPSC) issued a direct final rule (16 CFR 1234) to update the mandatory Safety Standard for Infant Bath Tubs. The final rule incorporates the latest version of ASTM F2670-22, Standard Consumer Safety Specifications for Infant Bath Tubs, with no modifications.
ASTM F2670-22 includes new requirements for latching and locking mechanisms as well as marking and labelling requirements for battery-powered infant bath tubs.
The direct final rule will become effective on 24 September 2022.
CPSC updates safety standard for high chairs
On 18 July 2022, the Consumer Product Safety Commission (CPSC) issued a final rule (16 CFR 1231) to update the mandatory Safety Standard for High Chairs. The final rule incorporates the latest version of ASTM F404-21, Standard Consumer Safety Specifications for High Chairs, with no modifications.
ASTM F404-21 includes revisions and clarifications for stability testing.
The direct final rule became effective on 23 July 2022.
Hawaii has recently approved HB 1644 to prohibit the manufacture, sale, distribution, and use of the following products containing PFAS chemicals:
- Food Packaging:
- Wraps and liners
- Plates
- Food boats
- Pizza boxes
- Class B firefighting foams
The manufacture, sale, distribution or use of the specified food packaging products containing intentionally added PFAS will be prohibited from 31 December 2024.
The manufacture, sale, or distribution for training or testing purposes of class B firefighting foam products containing intentionally added PFAS will be prohibited from 1 July 2024. Manufacturers of class B firefighting foam containing intentionally added PFAS will be required to notify any retailers of their products by 1 January 2023 and recall the product and reimburse the retailer or any other purchaser for the product.
Rhode Island passes new PFAS law
Rhode Island has recently signed 2022 H 7438 A to prohibit the sale and distribution of food packaging that contains intentionally added PFAS substances, effective 1 January 2024.
Under the rule, the following terms are defined as:
“Food packaging” is defined as any package or packaging component that is applied to or in direct contact with any food or beverage.
“Package” is defined as a container providing a means of marketing, protecting or handling a product and shall include a unit package, an intermediate package and a shipping container as defined in ASTM D996, which includes unsealed receptacles as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags and tubs.
California signs Plastic Pollution Prevention and Packaging Producer Responsibility Act
On 30 June 2022, the State of California signed into law SB 54 to establish the Plastic Pollution Prevention and Packaging Producer Responsibility Act. The new Act will require that certain single-use packaging and single-use plastic food service ware (“covered material”) offered for sale, distributed, or imported into California is recyclable in the state or eligible for being labelled “compostable” by 1 January 2032. The covered material must also meet specified recycling rates by specific time periods:
- At least 30% recycled by 1 January 2028;
- At least 40% recycled by 1 January 2030; and
- At least 65% recycled by 1 January 2032.
Additionally, the new Act will also prohibit a producer from selling, offering for sale, importing, or distributing covered materials in the state unless the producer complies with the Act individually or is approved to participate in the product responsibility plan of a product responsibility organization (PRO) for source reduction, collection, processing, and recycling of a covered material.
Various requirements will be imposed on PROs and producers, including registration, reporting, recordkeeping, and auditing requirements, and preparing a budget and annual report. PROs will be required to establish a charge for its participant producers sufficient to ensure the requirements of the Act are met by the PRO, and would therefore impose a tax.
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.
Canada prohibits certain single-use plastics
Canada has recently issued SOR/2022-138 ‘Single-use Plastics Prohibition Regulations’ to prohibit the following products with different enforcement dates:
- Single-use plastic ring carriers
- Single-use plastic straws
- Exemptions:
- Selling single-use flexible straws in non-commercial, non-industrial and non-institutional settings
- Business selling a package of 20 or more single-use flexible straws to another business
- Retailer selling a package of 20 or more single-use flexible straws to a customer if the customer requests and the package is not displayed in a manner that permits the customer to view the package without the help of a store employee
- Retailer selling single-use flexible straws to a customer if the straw is packaged together with a beverage container and the packaging was done at a location other than the retail store
- Hospitals, medical facilities, long-term care facilities or other care institutions selling single-use plastic flexible straws to patients or residents
- Single-use plastic checkout bags
- Single-use plastic cutlery
- Single-use plastic foodservice ware
- Single-use plastic stir sticks
A summary of the timelines for the enforcement dates for the different single-use plastic products and activities is shown below in Table 1:
Table 1:
|
|
Manufacture and Import |
Sale |
Export |
|
Check-out bags, cutlery, foodservice ware, stir sticks, straws |
20 December 2022 |
20 December 2023 |
20 December 2025 |
|
Ring carriers |
20 June 2023 |
20 June 2024 |
|
|
Flexible straws packed with beverage container |
- |
20 June 2024 |
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 |
13-07-2022 |
|
GB 6675.11-2014 |
Safety of toys – Part 11: Swings, slides and similar activity toys for indoor and outdoor family domestic use. Amendment 1 |
01-02-2023 |
|
GB 19865-2005 |
Safety of electric toys. Amendment 1 |
13-07-2022 |
Vietnam enforces new product labelling rules
Vietnam’s new product labelling rule, Decree No. 111/2021/ND-CP, went into effect on 15 February 2022, replacing Decree No. 43/2017/ND-CP. Under the new rule, consumer goods must contain the following mandatory labelling information:
- Product name
- Name and address of responsible entity
- Country of origin
- Other mandatory information of specific product category as prescribed in Appendix I
Under entry 25 of Appendix I, the following additional information is required on labels of garments and footwear made of textile or leather:
- Material composition
- Technical features
- Warnings
- Care instructions
- Year of production
The new rule also specifies that all labelling information must be in the Vietnamese language.
Regulatory proposals notified to WTO
The table below summarises the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive):
|
Notification number |
Countries |
Title |
|
Paraguay (Mercosur |
Draft Common Market Group (GMC) Resolution -Amendment to GMC Resolution No. 46/06 "MERCOSUR Technical Regulation on metallic packaging, linings, utensils, lids and equipment in contact with foodstuffs (Amendment to GMC Resolutions Nos. 27/93, 48/93 and 30/99)") |
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
RAPEX (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities).
The following 45 alerts regarding Childcare articles, equipment and toys were reported between week 25 and week 28 of 2022.
|
Type of Risk |
Number of alerts |
Notes |
|
Chemicals |
|
Toys slime |
|
|
Key ring |
|
|
|
Plastic ball |
|
|
|
Bath toy set |
|
|
|
Plastic doll and accessories |
|
|
Choking |
|
Baby teether |
|
|
Toy gun with arrows |
|
|
|
Plastic and soft toys |
|
|
|
|
Magnetic balls |
|
Damage to sight |
|
Pet toy |
|
|
Plastic toy with LED |
|
|
|
|
Battery operated toy |
|
|
Toy gun The product does not comply with the requirements of Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS 2 Directive). |
|
|
Injuries |
|
Plastic swing |
|
|
Safety bedrail |
|
|
|
Magnetic balls |
|
|
|
|
Soap bubble stick |
The following 4 alerts regarding furniture were reported between week 25 and 28 of 2022.
|
Type of Risk |
Number of alerts |
Notes |
|
|
|
Bunk beds |
|
Loft bed |
||
|
Cabinet with mirror |
The following 8 alerts regarding hard goods/miscellaneous goods were reported between week 25 and 28 of 2022.
|
Type of Risk |
Number of alerts |
Notes |
|
|
|
Charcoal barbeque starter |
|
|
1 |
Gymnastics ball |
|
3 |
Bath mat |
|
|
|
Earrings |
|
|
|
|
Outdoor lighting string |
|
Injuries, Multiple injuries possible: crushing, fractures, concussion, internal injuries |
|
Bicycle part / saddle joint |
RASFF (European Commission Rapid Alert System for Food and Feed - Alerts reported by EU national authorities)
The following 5 alerts regarding Food Contact Materials related to children's tableware were reported from 21 June 2022 to 20 July 2022.
|
Products |
Substance / Hazard |
|
|
Melamine plastic plate |
Migration of melamine |
|
|
Melamine products |
Migration of melamine |
|
|
Melamine plate |
Unauthorised use of bamboo fiber in melamine plates. Presence of bamboo fiber in the composition of plastic FCM - not defined |
|
|
Bamboo Side plate |
Formaldehyde in melamine plastic bamboo side plate |
|
|
Polyadmide tableware |
Releasing of primary aromatic amines in kitchenware. |
|
UK
OPSS issues Product Safety Alerts on the UK market. The following 5 alerts regarding toys and childcare products were reported between week 25 and week 28 of 2022.
9 recalls regarding Toys and childcare products
|
Type of Risk |
Number of alerts |
Notes |
|
Choking |
4 |
Plush toy |
|
Toys with musical bagpipes |
||
|
Children's handbell |
||
|
|
|
Plush toy |
|
|
|
DIY unicorn terrarium toy |
|
Choking and strangulation |
1 |
Sensory toy |
|
|
|
Baby bath seat |
|
|
|
Plush toy |
One recall regarding furniture
|
Type of Risk |
Number of alerts |
Notes |
|
|
|
Egg chair |
One recall regarding hobby and sports equipment
|
Type of Risk |
Number of alerts |
Notes |
|
|
|
Nathe bits for horses |
U.S.
From 23 June 2022 to 21 July 2022, the CPSC (Consumer Product Safety Commission) published the following recalls:
3 recalls regarding Toys and childcare products
|
Hazard |
Number of alerts |
Notes |
|
|
|
Bear activity toy |
|
|
1 |
Shake look touch books |
|
|
Toy box with bins |
4 recalls of furniture
|
Type of Risk |
Number of alerts |
Notes |
|
Impact Injury |
1 |
Overhead storage racks |
|
Injury |
1 |
Swinging hammock chairs |
|
Tip-over and Entrapment |
1 |
9-Drawer chests |
|
Fall |
1 |
Hammock stands |
Two recalls of consumer product
|
Type of Risk |
Number of alerts |
Notes |
|
|
|
Multi-purpose helmets |
|
|
|
Leg loops |