Eurofins Toys & Hardlines Monthly Bulletin (March 2022)
New European Standardisation Strategy 2022
On 2 February 2022, the European Commission presented the new European Standardisation Strategy, which strengthens the key role of technical standards for a resilient, green and digital European single market.
The strategy reaffirms the important role of the CEN, CENELEC and ETSI European standardisation organisations and the principle of national delegation in developing standards that facilitate the maintenance of the Internal Market and the deployment of Digital and Green Transitions.
The European Strategy also gives importance to the need for European members to lead the development of international standards in ISO and IEC.
Together with a presentation of the Strategy, there was also a presentation of the Proposed amendment of Regulation 1025/2012 on standardisation, and a report on its application and the Annual Union work programme for European standardisation for 2022.
On 4 March 2022, the European commission published the opinion of the European Economic and Social Committee on the proposal for a General Product Safety Regulation of the European Parliament and of the Council 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.
The official publication can be found here.
Alignment of fragrance requirements for toys with European Directive
On 17 February 2022, The French Ministry of the Economy published the following order:
This order requires the labelling of certain fragrance substances and prohibits other fragrance substances in toys. It replaces Commission Directive (EU) 2020/2088 of 11 December 2020, amending Annex II to Directive 2009/48/EC of the European Parliament and of the Council as regards the labeling of fragrance substances in toys, Commission Directive (EU) 2020/2089 of 11 December 2020 amending Annex II to Directive 2009/48/EC of the European Parliament and of the Council as regards to the prohibition of allergenic fragrance substances in toys.
It will enter into force on 5 July 2022.
Condition of use of the terms “reconditioned” or “reconditioned product”
On 18 February 2022, the French Authorities published the following Decree:
The decree determines the conditions of application of article L. 122-21-1 of the consumer code, which provides a legal framework for the use of the terms “reconditioned” and “reconditioned product”. As such, it reserves the use of these terms for second-hand products and specifies the conditions under which they may be used, with regard to the performance of tests, or even the requirement of one or more technical interventions to ensure the safety and functionality of the product.
Furthermore, in order to prevent the consumer from being misled about the characteristics of a reconditioned product, this decree prohibits any reference to a new product and reserves the use of the words "reconditioned in France" to reconditioning operations that are carried out entirely on national territory.
These rules also apply to spare parts. Sellers of this type of product, including when they are offered for sale from an online interface, are affected by this decree.
It entered into force on 1 January 2022.
Update of safety requirements for football, handball, field and indoor hockey and basketball goals
On 5 March 2022, the French Authorities published the following Notice:
In the appendix, this opinion includes a list of references of the standards mentioned in articles R. 322-22 and R. 322-25 of the sports code.
The standards adopted by the national standardisation institutes of the Member States of the European Union and of the States part of the agreement establishing the European Economic Area or of Turkey, replacing the corresponding European standards, are recognised as equivalent.
This notice cancels and replaces the notice published in the Official Journal of the French Republic of May 18, 2016 (NOR: VJSV1612278V), relating to the application of Decree No. 96-495 of June 4, 1996.
Equipment that complies with the standards published in 2016 may be placed on the market within a period of one year from the publication of this notice and marketed while stocks last.
Approval of an eco-organisation for sporting and leisure articles
On 12 February 2022, The Ministry of Ecological Transition and the Ministry of Economy, Finances and Reliance published the following Order:
This order indicates the approval of an eco-organisation in the sector, with extended responsibility for the producer of sporting and leisure articles.
According to the principle of extended producer responsibility (EPR), the management of waste from sports and leisure articles, defined in article R. 543-330 of the environment code, must be ensured by the producers of said items. To fulfill their obligations, the producers must either set up an approved individual system or join an approved collective scheme. This Decree approves the eco-organism ECOLOGIC for a period of six years. The order is issued pursuant to article L. 541-10 of the environment code.
Donating process for unsold non-food items
On 15 February 2022, the Minister of Economy, Finances and Reliance published information about the process of donating unsold non-food items.
Since January 1, 2022, whether you are a producer, importer or distributor, the anti-waste law for a circular economy (known as the AGEC law) obligates that you reuse, donate or recycle unsold non-food products. Only unsold hygiene and childcare products must be donated as a priority. However, many other products can be donated, for example:
- Hygiene products: soaps, toothpaste, toothbrushes, shower gels, etc.
- Cleaning products: detergents, dishwashing products, WC products, etc.
- Childcare items: nappies, cleaning wipes, strollers, etc.
- Toys and games: stuffed animals, dolls, early learning games, etc.
- School supplies: notebooks, binders, pens, calculators, etc.
- Small household appliances: irons, kettles, coffee machines, etc.
- Textiles and household linen: duvets, blankets, sleeping bags, etc.
- Household equipment: crockery, cutlery, kitchen utensils, etc.
For more information, consult the Ministry of Economy, Finances and Reliance website here.
Update to Children’s furniture standards
On 15 December 2021, The Furniture Industry Research Association, in conjunction with the Furniture Retail Quality Group (FRQG), published the Children's Domestic Furniture Industry Standard FIRA/FRQG C001: 2021 and Children’s Domestic Tables and Desks: Industry Standard FIRA/FRQG C003: 2021.
These Standards are applicable to all types of domestic seating, tables and storage furniture for use by children from three years old to twelve years old.
These form part of a suite of standards covering children’s furniture which also includes:
FIRA/FRQG C004: 2016 Furniture - Children’s domestic furniture – Storage furniture – Requirements for strength, stability and durability.
These standards replace their 2016 versions, which have been withdrawn.
Alignment of toy requirements with the European Toy Safety Directive
In February 2022, Switzerland published Official Collection RO 2022 125 to revise its Toys Ordinance. This amendment aligns its chemical requirements with those of the European Toy Safety Directive. The main changes are:
- Requirements for allergenic fragrances to be consistent with Directives (EU) 2020/2088 and (EU) 2020/2089.
- Restricts aniline in textile and leather materials and finger paint toys.
- List of toy safety standards.
This Ordinance came into force on March 15, 2022. Toys that do not comply with the amendment can still be imported and manufactured according to the old law until March 14, 2023.
For more information, consult the official publication here (French,German and Italian versions).
TSCA PIP (3:1) - EPA further extends the compliance date
In March 2022, the USA Environmental Protection Agency (US EPA) issued a final ruling to further extend the compliance date applicable to the prohibition on processing and distribution in commerce of certain PIP (3:1)-containing articles, and the PIP (3:1) used to make those articles, until 31 October 2024.
This final rule became effective on 8 March 2022.
For more information, click here.
Listed PFOA as chemical that causes cancer under California proposition 65
On 25 February 2022, Perfluorooctanoic acid (PFOA) (CAS RN 335-67-1) was added to the list of cancer-causing chemicals of the California Proposition 65 by The Office of Environmental Health Hazard Assessment (OEHHA).
Businesses have a given timeframe to accommodate the requirements of Prop 65: 12 months for articles (clear and reasonable warning before exposure anyone) and 20 months for the prohibition from discharging into sources of drinking water.
For more information, consult the official publication here.
Updated methodologies of The Consumer Product Safety Program
On 10 March 2022, Health Canada announced that the following test methodologies have been updated in Consumer Product Safety Program:
|
Type of methods |
Title |
Effective date |
|
Chemistry |
Determination of Leachable Arsenic (As), Selenium (Se), Cadmium (Cd), Antimony (Sb), and Barium (Ba) in Applied Coatings (C03) |
25-01-22 |
|
Chemistry |
Determination of para-Phenylenediamine (PPD) in cosmetics and similar consumer products by GC-MS (C42) |
09-11-2022 |
|
Mechanical |
Sharp Edges (M00.2) |
07-12-21 |
|
Mechanical |
Flexible Film Bags (M03) |
01-12-2021 |
|
Mechanical |
Playpens (M08) |
12-01-2022 |
|
Mechanical |
Cradles (M12.2) |
07-12-2021 |
|
Flammability |
Flammability of textiles (F01) |
14-02-2022 |
For more information, consult the Government of Canada website here.
Revision of GB 21027-2020 “Request in common use of security for student’ s articles”
The Ministry of Industrialisation and Information of the People's Republic of China has organised and completed a draft of the national standard "General Requirements for the Safety of Student Supplies" and publicly solicited comments. The deadline is 26 April 2022.
GB 21027-2020 is the only mandatory safety standard in China. This standard was released on 23 July 2020 and officially implemented on 1 February 2022.
After the release of the new standard, according to feedback from enterprises and related industry personnel, some content is scheduled to be revised, mainly addressing:
- Increased restriction on chlorinated paraffins
- In order to maintain consistency with current industry standards, it will be clarified that picture books do not require brightness (whiteness)
- Editorial Error Revision
For more information, please click here.
Update to list of standards for toys and children’s products
On 18 February 2022, the Government of Hong Kong issued the notice L.N. 20 of 2022, which amends the Toys and Children's Products Safety Ordinance (Schedules 1 and 2).
The main points are:
- Update of the safety standards for toys (Schedule 1).
- Update of six classes of children's products (“baby walking frames", "bottle teats", "bunk beds for domestic use", "children's high chairs and multi-purpose high chairs for domestic use", "children's paints" and "children's safety harnesses") (Schedule 2).
These standards are international standards or standards adopted by major economies.
The Notice will take effect on 1 September 2022.
Amendment to the Special Act on the Safety of Children’s Products
On 3 February 2022, The South Korean Ministry of Trade, Industry and Energy published The Act No. 18819, 2022 Special Safety of Children’s Products, which amends Act No. 12733, 2014 on cancellation of declaration of safety confirmation for children’s products, etc.
It adds new provisions for the revocation of the declaration of safety confirmation for children’s products.
Specifically, if manufacturers or importers of children’s products subject to safety confirmation fall under the newly stipulated conditions, they may be subject to a disposition of ineffectiveness of the safety confirmation report or an order to prohibit the use of the safety confirmation mark or to improve it.
The new conditions are as follows:
- A safety assurance report is made by false or other illegal means;
- The product does not meet safety standards;
- Failure to label or false confirmations of safety;
This act enters into force on 4 August 2022.
Declared inclined infant sleep products 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.
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 |
|
Denmark |
Executive order on toys |
|
|
Australia |
Review of the mandatory standard for toys for children up to and including 36 months - Draft instrument |
|
|
Israel |
SI 562 Part 7 - Safety of toys: Finger paints - Requirements and test methods
Both the old standard and this new, revised standard will apply from entry into force of this revision for a period of 6 months. During this time, products may be tested according to the old or new revised standard. |
|
|
Israel |
SI 14988: Children's high chairs - Requirements and test methods
Both the old standards and this new revised standard will apply from the entry into force of this proposed revision for a period of 6 months. During this time, products may be tested according to the old or the newly revised standards. |
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 39 alerts regarding Childcare articles, equipment and toys were reported, between week 08 and week 11 of 2022.
|
Type of Risk |
Number of alerts |
Notes |
|
Chemical |
1 |
Toy car set
The product releases an excessive amount of nickel. The product does not comply with the REACH Regulation. |
|
5 |
Plastic doll and accessories
The plastic material of the figure contains an excessive amount of bis(2-etylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), Diisononyl phthalate (DINP), butylbenzyl phthalate (BBP) and diisobutyl phthalate (DIBP). The product does not comply with the REACH Regulation. |
|
|
1 |
Inflatable swimming pool
The plastic material of the product contains an excessive amount of bis(2-ethylhexyl) phthalate (DEHP). The product does not comply with the REACH Regulation. |
|
|
1 |
Toy slime
The migration of boron from the toy slime is too high. The product does not comply with the requirements of the Toy Safety Directive nor the European standard EN 71-3. |
|
|
1 |
Modeling clay
The migration of boron from the toy clay is too high. The product does not comply with the requirements of the Toy Safety Directive nor the European standard EN 71-3. |
|
|
1 |
Finger paint set
There is an excessive migration of different colours of aluminium and copper. The product does not comply with the requirements of the Toy Safety Directive nor with the European standards EN 71-1, 71-3 and 71-7. |
|
|
Chemical, Choking |
1 |
Plastic toy Plastic bath toy
Small parts (the cap on the tube) can easily detach from the toy in two halves. A small child may put them in the mouth and choke. The plastic material of the product contains an excessive amount of bis(2-ethylhexyl) phthalate (DEHP) and dibutyl phthalate (DBP). The product does not comply with the REACH Regulation. |
|
Choking |
7 |
Plush and soft toy
Small parts may easily detach from the toy. The product does not comply with the requirements of the Toy Safety Directive, nor with EN 71-1. |
|
3 |
Baby rattle and rattle toy
The rattle has a small bell and a protruding part. The product does not comply with the requirements of the Toy Safety Directive, nor with the European standard EN-71. |
|
|
1 |
Wooden toy
Small parts can easily detach. The product does not comply with the requirements of the Toy Safety Directive, nor with EN 71-1. |
|
|
1 |
Toy set
The product has small detachable parts which a small child can easily access. The product does not comply with the requirements of the Toy Safety Directive, nor with EN 71-1. |
|
|
2 |
Soother holder
The soother holder breaks easily and generates small parts. The product does not comply with the requirements of the General Product Safety Directive, nor with the European standard EN 12586. |
|
|
Choking, Injuries |
1 |
Expandable toy
The duck figurine can be put into the mouth and swallowed by children. The product does not comply with the requirements of the Toy Safety Directive, nor the EN 71-1. |
|
Choking, Suffocation |
1 |
Soft toy
Small parts can easily detach. The plastic bag is too thin and poses a suffocation risk. The product does not comply with the requirements of the Toy Safety Directive, nor with European standard EN 71-1. |
|
Damage to hearing |
1 |
Rattle toy
The sound pressure level is too high. The product does not comply the with the requirements of the Toy Safety Directive, nor with the EN 71-1. |
|
Damage to sight |
1 |
Toy gun
The LED laser sight on the top of the toy gun is too powerful. The product does not comply with the requirements of the Toy Safety Directive, nor with the European standard EN 62115. |
|
1 |
Toy bow set
The kinetic energy of the plastic balls fired from the bow is too high. The product does not comply with the requirements of the Toy Safety Directive nor with EN 71-1. |
|
|
Entrapment, Injuries, Strangulation |
1 |
Activity toy
The distance between the rods of the climbing arch is too small. A child's head can consequently become trapped between the rods of the toy. The toy does not comply with the requirements of the Toy Safety Directive, nor with EN 71-8. |
|
Entrapment, Injuries, Strangulation, Suffocation |
1 |
Cot
The distance between the side slats is inadequate. The product does not comply with the European standard EN 716. |
|
Injuries |
1 |
Magnetic Building Set
The magnetic toy is made of small parts with a high magnetic flux. The product does not comply with the requirements of the Toy Safety Directive, nor EN 71-1. |
|
1 |
Folding bath stand
Due to a faulty construction of the stand, the baby bath may collapse or tip over whilst in use. The product does not comply with the requirements of the General Product Safety Directive. |
|
|
Microbiological |
1 |
Water wiggler
The liquid in the product is contaminated with Burkholderia cepacia. The product does not comply with the requirements of the Toy Safety Directive nor with EN 71-5. |
|
Strangulation, Suffocation |
1 |
Fancy dress
The product has long, non-detachable functional cords in the neck area. Moreover, the plastic bag is too thin. The product does not comply with the requirements of the Toy Safety Directive, nor of EN 71-1. |
|
Suffocation |
1 |
Inflatable activity mat
The plastic bag of the packaging is too thin. The product does not comply with the requirements of the Toy Safety Directive, nor the European standard EN 71-1. |
|
1 |
Toy car
The plastic bag is too thin. The product does not comply with the requirements of the Toy Safety Directive, nor the European standard EN 71-1. |
|
|
1 |
Plastic toy
The plastic of the packaging is too thin. The product does not comply with the requirements of the Toy Safety Directive, nor the European standard EN 71-1. |
The following 9 alerts regarding hard goods/ miscellaneous goods were reported between week 08 and 11 of 2022.
|
Types of Risk |
Number of alerts |
Notes |
|
Burns, Electric shock, Fire |
1 |
Lighting chain
The cable is not properly anchored and is too thin. The product is not protected against moisture, despite being recommended for outdoor use (water could penetrate the product). |
|
Burns, Fire |
1 |
Barbecue
The product could easily tip over causing smoldering charcoal to fall to the ground. The product does not comply with the requirements of the General Product Safety Directive, nor with EN 1860-1. |
|
1 |
Candle
The candle is not sufficiently stable and falls over too easily. The product does not comply with the requirements of the General Product Safety Directive, nor EN 15493. |
|
|
Chemical |
2 |
Jewelry
The product contains an excessive amount of cadmium and nickel. The product does not comply with REACH Regulation. |
|
Chemical, Fire |
1 |
Oil lamp
The lamp may leak oil when tilted. The design of the product allows easy access to the lamp. The user or a child could become exposed to the oil and be poisoned or suffer serious lung damage. In addition, leaking oil is a fire hazard. The product does not comply with the requirements of the General Product Safety Directive, nor with EN 14059. |
|
Injuries |
1 |
Bicycle
The bicycle’s front fork, frame, pedals, brake system, seat post and handlebars can easily break. The product does not comply with the requirements of the General Product Safety Directive, nor with the European standard EN 4210-2. |
|
1 |
Personal Watercraft
The front storage compartment lid and fixings may be damaged under certain riding conditions, such as riding in rough water. The product does not comply with the requirements of the Recreational Craft and Personal Watercraft Directive. |
|
|
1 |
Ski boot
The carbon cuffs can crack or break if the flaps of the cuff are bent too far. The product does not comply with the requirements of the General Product Safety Directive. |
RASFF (European Commission Rapid Alert System for Food and Feed - Alerts reported by EU national authorities).
The following two alerts regarding Food Contact Materials related to children's tableware were reported from 21 February 2021 to 20 March 2022.
|
Product |
Substance / Hazard |
|
|
Baby spoon |
Migration of bisphenol A to food at Baby Sensor Spoons from Belgium |
|
|
Plastic children dishes |
Migration of colour from a child’s dishes |
|
UK
OPSS issues Product Safety Alerts on the UK market. The following 7 alerts regarding toys & childcare products were reported between week 08 and week 11 of 2022.
|
Types of Risk |
Number of alerts |
Notes |
|
Choking and suffocation |
1 |
Mood pillow
It presents small parts which fit into a small parts cylinder and the sheet thickness for the plastic packaging was 0.019mm, which is less than the minimum required 0.038mm. It does not meet the requirements of the Toys (Safety) Regulation (2011). |
|
Choking and chemical |
1 |
Slapband
The button battery compartment of the product may not be adequately secured and thus the button battery may be accessible. It does not meet the requirements of the Toys (Safety) Regulation (2011). |
|
Chemical |
1 |
Beach sand toy
The storage bag contains phthalates. The product does not meet the requirements of the Registration, Evaluation, Authorisation & restriction of Chemicals (REACH) Enforcement Regulations 2008. |
|
Choking |
1 |
Plush Animal Toy
The small golden discs on the toy may become detached. The product does not meet the requirements of the Toys (Safety) Regulations 2011. |
|
Choking |
1 |
Drinking cup
Cup contains a small number of defects on the spout and straw assembly. |
|
Injuries |
1 |
Children’s trampoline
The height of the enclosure was measured and was found to be 0.98 + 0.01m, which is less than the specified minimum of 1.5m for medium trampolines and 1.8m for large trampolines. The product does not meet the requirements of the Toys (Safety) Regulations 2011. |
|
Choking and Injuries |
1 |
LED keyring toys
It contains easily accessible button cell batteries. The product does not meet the requirements of the Toys (Safety) Regulations 2011. |
|
Injurie and Injuries |
1 |
Tutu with lights
The button cell batteries may be placed in the mouth and Swallowed. The product does not meet the requirements of the Toys (Safety) Regulations 2011. |
1 alert regarding Consumer products
|
Type of Risk |
Number of alerts |
Notes |
|
Cuts, fire and burns |
1 |
Candle (decorative article)
It is possible for the jar to crack or shatter while in use. It does not meet the requirements of the General Product Safety Regulations 2005. |
U.S.
From 21 February 2022 to 20 March of 2022, the CPSC (Consumer Product Safety Commission) published the following recalls:
5 recalls regarding Toys and childcare products
|
Hazard |
Number of alerts |
Notes |
|
Choking |
1 |
Wooden Teethers
The string that connects the beads on the teethers can come untied. |
|
Lead poisoning |
1 |
Advent Calendars
Surface paint on the brown bell found in “Day 10” of the advent calendar contains levels of lead that exceed the federal lead paint ban. |
|
Choking and suffocation |
1 |
Band Music Sets
The maracas can break or become unscrewed and release the metal beads inside. |
|
Choking |
1 |
Wooden Activity
The wheels and wheel attachment hardware can detach from the walker in small pieces. |
|
Blood poisoning and death |
1 |
Magnetic Balls
When two or more high-powered magnets are swallowed, either intentionally by younger children or accidentally by older children, the ingested magnets can attract to each other, or to another metal object, and become lodged in the digestive system. |
3 recalls of consumer products
|
Type of Risk |
Number of alerts |
Notes |
|
Fire |
1 |
Festive Lights
The resin and medium-density fiberboard (“MDF”) menorahs can burn or catch fire when holding lit candles. |
|
Fall and injury |
1 |
Bicycles
The crank arm can disengage and cause the bicycle’s rider to lose control. |
|
Fire and shock |
1 |
Illuminated Mirrors
There are loose components in the mirror’s bulb sockets, which can lead to overcurrent and overheating. |