Eurofins Toys & Hardlines Monthly Bulletin (June 2022)
New update to Candidate List of Substances of Very High Concern (SVHCs)
On 10 June 2022, the ECHA (European Chemicals Agency) released the new Candidate List of SVHCs. With the addition of 1 new substance, the current list of SVHCs now contains 224 substances.
See below a table indicating the latest substance addition:
Nº |
Substance name |
EC number |
CAS number |
Reason for inclusion |
1 |
N-(hydroxymethyl)acrylamide |
213-103-2 |
924-42-5 |
Carcinogenic; Mutagenic |
N-(hydroxymethyl)acrylamide is mostly used in polymers and manufacturing other chemicals, textiles, leather or fur, paints and coatings.
Legal obligations for companies using SVHC substances include:
- Suppliers provide customers and consumers with enough information to allow for safe use of products that contain a substance of very high concern (SVHC) above a concentration of 0.1 % (weight by weight)
- Importers and producers of these products must notify the ECHA if their article contains SVHC substances above a concentration of 0.1% weight by weight (w/w) and the substance is present in those products in quantities totalling over 1 tonne per producer or per importer per year. The notifications have to be submitted within six months from the date it that the substance is included in the list.
- Suppliers of substances on the Candidate List, supplied either on their own or in mixtures, have to provide their customers with a safety data sheet.
- Under the Waste Framework Directive (Directive 2008/98/EC on waste- WFD), any supplier of an article containing a substance of very high concern (SVHC) in a concentration above 0.1% weight by weight (w/w) on the EU market is required to submit a SCIP Notification on that article to ECHA, as of 5 January 2021. SCIP is the database holding information on Substances of Concern in articles, as such or in complex objects (products), established under the WFD. The SCIP database complements the existing notification obligations for Candidate List substances in articles subject to REACH regulation and its related communication through the supply chain, according to Articles 7 (2) and 33 respectively.
Click here to access the official List from ECHA’s website.
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(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.
CEN |
|||
Reference |
Title |
Date of withdrawal (*) |
Supersedes |
Child care articles - Child seats for cycles - Safety requirements and test methods |
30-06-2023 |
||
Furniture - Domestic and kitchen storage units and kitchen-worktops - Safety requirements and test methods |
30-11-2022 |
||
Requirements for sleeping bags - Part 1: Thermal, mass and dimensional requirements for sleeping bags designed for limit temperatures of ‐20°C and higher (ISO 23537-1:2022) |
30-11-2022 |
Technical publications regarding Circular Economy
The latest publications by several entities related to consumer products and circular economy include:
Date |
Country/ Region |
Entity |
Publication |
23/05/2022 |
Europe |
European Commission |
|
24/05/2022 |
France |
Ministry of Economy, Finance and Industrial and Digital Sovereignty |
As of 4 November, 2022, the reparability index will be extended and will become mandatory for the following products:
The reparability index consists of a score out of 10 to fight against obsolescence by informing the consumer whether or not a product can be repaired at the time of purchase and thus extend its life and use. |
07/06/2022 |
France |
Ministry of Ecological Transition |
Public consultation about draft decree relating to data from extended producer responsibility (REP) sectors until 29/07/2022. |
06/05/2022 |
France |
Department of legal and administrative information |
Environmental quality of products: improved consumer information.
The decree published, in the Official Journal on 30 April, 2022, provides that producers, importers and distributors of consumer goods must communicate information on the environmental quality of the products they sell in application of article L541-9-1 of the code of the environment.
Gradual implementation, until 1 January, 2025 |
03/05/2022 |
France |
Ministry of Ecological Transition |
This prohibition applies to mineral oils containing substances that interfere with waste recycling or limiting the use of recycled materials because of the risks they pose to human health. This order specifies the substances thus concerned, based on the ANSES opinion of 8 March 2017 on the migration of mineral oil compounds into foodstuffs from recycled paper and cardboard packaging. It will entry into force on 1 January 2023. |
Updates to national toys legislations
The latest publications by several entities related to toys include:
Date |
Country/ Region |
Entity |
Publication |
||||||
14/05/2022 |
France |
Minister for the Economy, Finance and Recovery |
The decree establishes limit values for aniline for toys intended for children under three years of age or intended to be put in the mouth and removes the obligation to label toys in the presence of methyl carbonate heptine, a substance allergenic substance prohibited in toys from 5 July 2022.
It Entries into force on 5 July 2022 for the provisions relating to the fragrance substance and on 5 December 2022 for the provisions relating to the aniline. |
||||||
14/05/2022 |
Ukraine |
Ukrainian authorities |
Publication of Cabinet of Ministers of Ukraine Resolution No. 557 of May 7, 2022 on Amendments to Annex 2 of the Toy Safety Technical Regulations.
The main points are:
|
||||||
16/06/2022 |
Spain |
State Agency Official State Gazette |
Order PCM/544/2022, of 15 June, which modifies Annex II of Royal Decree 1205/2011, of 26 August, on the safety of toys.
The main points are:
This order will take effect on 5 July 2022. |
||||||
15/06/2022 |
UK |
British Government |
Publication of the Amendment of The Toys and Cosmetic Products (Restriction of Chemical Substances) Regulations 2022 (SI. 2022 No.659). These changes entail either a reduction in the permitted level or prohibition of specific chemicals.
These chemicals are:
Transitional Provisions for this requirements are:
|
Miscellaneous technical publications relating consumer products
The latest publications in relation to food contact materials, DIY equipment, among others are summarised in the table below:
Date |
Country/ Region |
Entity |
Publication |
01/04/2022 |
France |
Directorate General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF) |
DGCCRF practical sheets: Gardening and DIY equipment (in French) |
10/05/2022 |
Europe |
European Commission |
Publication of an update to the list of national standardisation bodies pursuant to Article 27 of Regulation (EU) No 1025/2012 of the European Parliament and of the Council on European standardisation (2022/C 189/08) |
12/05/2022 |
Europe |
European Food Safety Authority |
Phthalates and other plasticisers: priorities for reassessment |
16/05/2022 |
Germany |
Business & Human Rights
(German Federal Ministry of labour and Social Affairs) |
The Act on Corporate Due Diligence Obligations in Supply Chains (Gesetz über die unternehmerischen Sorgfaltspflichten in Lieferketten) was published in the Federal Law Gazette on 22 July 2021 after completion of the parliamentary procedure. This is the first time the responsibility of German enterprises to respect human rights in global supply chains has been put on a legal footing. |
03/06/2022 |
Europe |
European Commission |
|
09/06/2022 |
Europe |
European Commission |
Public initiative: Evaluation of Food Contact Materials (FCM) (Final version)
The purpose of this evaluation is to assess whether the current EU legislative framework for of Food Contact Materials (FCM) is fit for purpose and delivers as expected. It will also examine the situation concerning materials for which there are no EU measures and which are subject to permitted national measures. |
10/06/2022 |
Europe |
European Commission |
Commission revises the definition of nanomaterials |
20/06/2022 |
Europe |
European Commission |
Effectively banning products produced, extracted or harvested with forced labour
Commission adoption planned for third quarter 2022 |
Extended Producer Responsibility and Eco-organization in France
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, which must be 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).
In both cases, the producer is obliged to:
- Register on the Ademe national register of producers: Syderep,
- Declare annually the total quantities and weight of waste placed on the French market, and incorporation rates of recycled material in equipment.
- Inform end users of equipment,
- Fund the collection and processing of equipment, and support repair and reuse
- Ensure collection and processing and promote repair and reuse,
- Share annual collection and processing reports with public authorities.
State-approved Eco-organisations are available to support all producers and marketers in the sector to help them to meet these new regulatory obligations: collection and treatment of waste from products placed on the market, codification of products, declaration of eco-contribution, take-back obligations, collection solutions, displays, etc.
Eco-organisations are responsible for the collection and treatment of specified waste produced in the EPR sector with which they are attached.
An overview of eco-organisations present in France is provided in the table below.
Eco-organization |
Product category |
ALCOME |
Cigarette butts |
Packaging |
|
Packaging and chemical waste |
|
ALIAPUR |
Tire |
APER |
Boat |
Packaging, paper and cardboard |
|
COREPILE |
Cells & Batteries |
CYCLAMED |
Medications |
DASTRI |
Waste from health care activities with infectious risks |
ECO DDS |
Chemical waste |
Sports & Leisure Items, DIY & Thermal Garden Items, Electrical equipment and electronic toys |
|
ECO MOBIL-HOME |
Mobile homes |
Furniture & bedding, DIY and garden, toys and building products |
|
ECOSYSTEM |
Electrical and electronic equipment |
GIE-FRP |
Tire |
Packaging |
|
Textile |
|
SCRELEC |
Cells & Batteries, cartridges |
Furniture |
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 comprises 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.
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:
Proposed updates to lists of standards for businesses
On 6 June 2022, The British Department for Business, Energy & Industrial Strategy issued a notice of proposal to publish 0053/22 with references to standards in support of The General Product Safety Regulations 2005 (S.I. 2005/1803).
This notice sets out proposals regarding the standard EN ISO 25649-6:2017 - ‘Floating leisure articles for use on and in the water - Part 6: Additional specific safety requirements and test methods for Class D devices’.
For more information, consult the official publication on GOV.UK’s website here.
New updates for regulatory framework and transitional arrangements
On 20 June 2022, the guidance related to placing manufactured goods and UK conformity assessment were updated.
The British government is working to introduce legislation to reduce re-certification/re-testing costs. Any conformity assessment activities undertaken by EU bodies before the end of 2022 will be considered as the basis for UKCA marking next year. Legislation on this will be brought forward before the end of the year and will enable manufacturers to apply the UKCA mark on these products without the need for re-testing.
The UKCA mark can still be placed on a label affixed to a product or on a document accompanying the product until 31 December 2025.
Consult the GOV.UK’s website:
- Guidance: UK conformity assessment.
- Guidance: Placing manufactured goods on the market in Great Britain.
Update on OPSS Enforcement Policy
On 30 June 2022, the UK Government Office for Product Safety and Standards (OPSS) released its latest enforcement policy guidelines. The updated enforcement policy is broadly consistent with changes made within European Union Member States as a result of EU Regulation 2019/2161 which entered into force on 28 May 2022.
For more information, visit in Eurofins Consumer Product Testing’s website here.
Colorado Approves New PFAS Law
Colorado has recently passed Bill HB 22-1345 to ban intentionally added PFAS in various consumer products. The new law also includes a labeling requirement for cookware containing PFAS substances. Please see Table 1 below for the different requirements and effective dates
Table 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 |
||
Food Packaging |
||
Juvenile Products |
||
Oil and Gas Products |
||
Cosmetics |
1 January 2025 |
|
Indoor Textile Furnishing |
||
Indoor Upholstered Furniture |
||
Outdoor Textile Furnishing |
1 January 2027 |
|
Outdoor Upholstered Furniture |
||
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 |
FDA Amends Food Additive Regulations
On 20 May 2022, the Food and Drug Administration (FDA) published a Final Rule in the Federal Register to no longer provide for the use of 25 plasticisers in various food contact applications because these uses have been abandoned. The FDA revoked authorisations for the food contact use of 23 phthalates and 2 other substances used as plasticisers, adhesives, defoaming agents, surface lubricants, resins, and slimicides. This action will result in limiting the use of phthalates in food contact applications to 9 phthalates (8 authorised for use as plasticizers and 1 authorized for use as a monomer).
FTC Hits Retailers with Large Civil Penalty for Bamboo Marketing and Deceptive Environmental Claims
The Federal Trade Commission (FTC) has recently announced that they will take action against two large national retailers for falsely marketing rayon textile products as bamboo and making deceptive environmental claims that the “bamboo” textiles were made using ecofriendly processes. The proposed settlement orders would require the companies to stop making false bamboo marketing claims, stop making unsubstantiated green marketing claims, and pay civil penalties totaling $5.5 million dollars.
For more details, please visit FTC’s website here.
BIFMA Introduces New Standard ANSI/BIFMA X6.5 2022
The American National Standards Institute (ANSI) has recently approved the new safety and performance standard: ANSI/BIFMA X6.5-2022 Home Office and Occasional-Use Desk, Table and Storage Products. The new standard is a revision of ANSI/SOHO S6.5-2008(R2013) and emphasises the stability, leg strength, and height adjustable desk/table surfaces tests.
For more details, please visit BIFMA’s website here.
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 summarized as below:
Product |
Chemical |
Limit |
Case No |
Polyester Socks with Spandex |
BPA |
1 ppm or utilize a warning statement |
San Francisco Superior Court CGC-22-598022 |
Vinyl Book Carrying Case |
DEHP |
1000 ppm or utilize a warning statement |
Out of Court Settlement |
Reusable Straw and Cleaning Brush Set with Carry Pouch |
DEHP |
1000 ppm or utilize a warning statement |
Out of Court Settlement |
Car Mats |
DEHP |
1000 ppm or utilize a warning statement |
Out of Court Settlement |
Hair Dryer |
DEHP |
1000 ppm in each accessible component or utilize a warning statement |
Out of Court Settlement |
Holiday Décor Bells |
Lead |
- 90 ppm in any decoration, colored artwork, designs and/or marking on the surface
- 1.0 microgram on any surface pursuant to NIOSH 9100 test
- or utilize a warning statement |
Out of Court Settlement |
Tire Sealants |
DEHP |
1000 ppm or utilize a warning statement |
Out of Court Settlement |
Desk Organizers with Brass Components |
Lead |
- 90 ppm in any accessible component
- 1.0 microgram on any surface pursuant to NIOSH 9100 test
- or utilize a warning statement |
Out of Court Settlement |
India to Ban Single Use Plastic
India’s Ministry of Environment, Forest & Climate Change has issued notification No G.S.R. 571 (E) dated August 12th, 2021 to ban the manufacture, import, stocking, distribution, sale and use of identified single use plastic (SUP) items with effect from 1 July 2022. The following SUPs will be banned:
- Ear buds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene (Thermocol) for decoration;
- Plates, cups, glasses, cutlery such as forks, spoons, knives, straw, trays, wrapping or packing films around sweet boxes, invitation cards, and cigarette packets, plastic or PVC banners less than 100 micron, stirrers.
Vietnam Introduces New Extended Producer Responsibility Regime
Vietnam has recently issued Decree No. 08/2022/ND-CP, introducing a new extended producer responsibility (EPR) regime that requires producers and importers to manage waste associated with their products and packaging. The new Decree has a variety of significant measures, including:
- (Articles 38-41) Labeling and registration of products containing persistent pollutants.
- (Article 64) Beginning 1 January 2026, prohibiting the manufacture and import of non-biodegradable plastic bags with dimensions smaller than 50 cm x 50 cm and a film thickness of less than 50 µm. After 31 December 2030, the production and import of single-use plastic products (except for products certified with Vietnam's eco-label), non-biodegradable plastic packaging (including non-biodegradable plastic bags), biodegradable plastic containers, styrofoam plastic containers for packaging and food containers) and products and goods containing microplastics, except for cases of production for export and cases of production and import of difficult-to-biodegradable plastic packaging for packaging products and goods sold to the market will be banned.
- (Chapter VI) Require manufacturers and importers of products and packaging listed in Annex XXII to select one of the following recycling obligations:
- Self-implementation of recycling;
- Hire a recycling unit to carry out the recycling;
- Authorise an intermediary to organise the recycling
- Pay a contribution to the Vietnam Environmental Protection Fund
- (Chapter VI) By 31 March of each year, manufacturers and importers of products and packaging listed in Annex XXII will be required to register their recycling plans and report their recycling results, or pay a contribution to the Vietnam Environmental Protection Fund to support recycling.
Thailand Updates Toy Safety Standard
Thailand’s Ministry of Industry has recently published a Ministerial Regulation to update the toy safety standard. Effective 22 September 2022, TIS 685-1:2562 (2019) will replace TIS 685 (1997), the previous version of the toy safety standard. The revised standard prohibits certain materials and includes new labeling and testing requirements, which will be applicable to toys (including components and accessories) intended for children under 14 years old. Please see Table 1 and 2 below for a summary of TIS 685-1:2562 (2019)’s new chemical requirements.
Table 1: Heavy Metals
Substance |
Requirement |
||
Coatings, writing materials, plastics, paperboard, textiles |
Modeling clay |
Finger paints |
|
Antimony |
≤ 60 mg/kg |
≤ 60 mg/kg |
≤ 10 mg/kg |
Arsenic |
≤ 25 mg/kg |
≤ 25 mg/kg |
≤ 10 mg/kg |
Barium |
≤ 1000 mg/kg |
≤ 250 mg/kg |
≤ 350 mg/kg |
Cadmium |
≤ 75 mg/kg |
≤ 50 mg/kg |
≤ 15 mg/kg |
Chromium |
≤ 60 mg/kg |
≤ 25 mg/kg |
≤ 25 mg/kg |
Lead |
≤ 90 mg/kg |
≤ 90 mg/kg |
≤ 25 mg/kg |
Mercury |
≤ 60 mg/kg |
≤ 25 mg/kg |
≤ 10 mg/kg |
Selenium |
≤ 500 mg/kg |
≤ 500 mg/kg |
≤ 50 mg/kg |
Table 2: Phthalates
Scope |
Requirement |
Toys |
≤ 1000 ppm sum of DEHP, BBP, and DBP |
Toys for children under 3 years old containing mouthable components |
≤ 1000 ppm sum of DEHP, BBP, DBP, DIDP, DINP, and DNOP |
Thailand Publishes 5 New Standards for Food Contact Plastics
Thailand’s Thai Industrial Standards Institute (TISI) has recently published 5 new standards for food contact materials. 3 standards are related to plastic utensils and 2 standards are related to plastic food containers for microwave ovens. Please see Table 1 below for the list of new food contact standards that will become effective on 3 January 2023.
Table 1:
Standard Number |
Standard Title |
TIS 655 Part 1-2553 (2010) |
Plastic utensils for food part 1 Polyethylene, Polpropylene, Polystyrene, Poly (Ethlene Terephthalate), Poly (Vinyl Alcohol), and Poly (Methyl Pentene) |
TIS 655 Part 2-2554 (2011) |
Plastic utensils for food part 2 Poly (Vinyl Chloride), Polycarbonate, Polyamide, and Poly (Methylmethacrylate) |
TIS 655 Part 3-2554 (2011) |
Plastic utensils for food part 3 acrylonitrile-butadiene-styrene and strene-acrylonitrile |
TIS 2493 Part 1-2554 (2011) |
Plastic food containers for microwave oven part 1 for reheating |
TIS 2493 Part 2-2556 (2013) |
Plastic food containers for microwave oven part 2 for single reheating |
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 54 alerts regarding Childcare articles, equipment and toys were reported between week 21 and week 24 of 2022.
Type of Risk |
Number of alerts |
Notes |
Chemicals |
5 |
Toys slime |
1 |
Inflatable plastic ball |
|
1 |
Bath toy |
|
1 |
Painting set |
|
7 |
Plastic doll and accessories |
|
1 |
Plastic doll |
|
Choking |
1 |
Fidget toy |
1 |
Plastic toy |
|
1 |
Squeezable toy |
|
6 |
Puffer toy |
|
2 |
Plush and softs toys |
|
4 |
Toy gun |
|
1 |
Wooden toy |
|
2 |
Rattle toy |
|
2 |
Plastic toy |
|
Choking, Damage to hearing |
1 |
Toy Whistle |
Choking, Injuries |
1 |
Expandable toy |
Damage to hearing |
1 |
Toy Telephone |
1 |
Toy Whistle |
|
Damage to sight |
1 |
Toy gun set |
Drowning |
1 |
Inflatable boat |
Environment |
3 |
Battery operated toy |
Injuries |
1 |
Children's crib |
1 |
Travel cot |
|
1 |
Children's high chair |
|
1 |
Bar stool |
|
1 |
Magnetic balls |
|
3 |
Bunk bed |
|
Microbiological |
1 |
Water wiggler |
The following 1 alert regarding furniture was reported between week 21 and 24 of 2022.
Type of Risk |
Number of alerts |
Notes |
Burns, Fire |
1 |
Outdoor garden furniture |
The following 3 alerts regarding hard goods/ miscellaneous goods were reported between week 21 and 24 of 2022.
Type of Risk |
Number of alerts |
Notes |
Burns, Fire |
1 |
Fitness watch |
Chemicals |
2 |
Jewellery |
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 May 2022 to 20 June 2022.
Products |
Substance / Hazard |
|
Children's Tableware |
Tableware made from 70% Bamboo, Fiber 15% Cornstarch 15% Melamine. Unauthorised Bamboo Tableware. |
|
Melanie dinnerware for children |
Formaldehyde above maximum level in dish. |
|
Melanie dinnerware for children |
Migration of formaldehyde above maximum level in plates. |
|
Bamboo camping tableware set |
Unauthorized use of bamboo in camping tableware set. |
UK
OPSS issues Product Safety Alerts on the UK market. The following 5 alerts regarding toys and childcare products were reported between week 21 and week 24 of 2022.
4 recalls regarding Toys and childcare products
Type of Risk |
Number of alerts |
Notes |
Choking |
3 |
Montessori Fishing Game |
Sensory Shapes |
||
Toy Mobile Phone |
||
Injuries |
2 |
Magnetic toys |
Drowning |
7 |
Children Swimwear - mermaid tail |
4 recalls regarding hobby, sports equipment and furniture
Type of Risk |
Number of alerts |
Notes |
Injuries |
3 |
Bathroom Cabinets |
Scooter |
||
Bicycle The units do not meet the requirements of the General Product 2005. |
U.S.
From 21 May 2022 to 20 June 2022, the CPSC (Consumer Product Safety Commission) published the following recalls:
5 recalls regarding toys and childcare products
Hazard |
Number of alerts |
Notes |
Toxic |
1 |
Plush toys |
1 |
Children’s Toys |
|
Choking |
1 |
Activity Walkers |
1 |
Activity Loop Toys |
|
1 |
Xylophone toys |
3 recalls regarding furniture
Type of Risk |
Number of alerts |
Notes |
Choking |
1 |
Tables |
Toxic |
1 |
Desks and Chairs |
Fall |
1 |
Egg chairs |