Eurofins Toys & Hardlines Monthly Bulletin (November 2021)
EUROPE
New references of harmonised standards for toys
On 16 November 2021, the European Commission published the Commission Implementing Decision (EU) 2021/1992 of 15 November 2021 on harmonised standards for toys. This was drafted in support of Directive 2009/48/EC of the European Parliament and of the Council which repeals the implementing Decision (EU) 2021/867.
New European initiative on Toy Safety Directive
On 5 October 2021, the European Commission launched the following initiative regarding the Toy Safety Directive: Protecting children from unsafe toys and strengthening the Single Market – revision of the Toy Safety Directive.
The aim of this initiative is to better protect children against risks in toys, particularly from chemicals.
UFI code in case of accidental poisoning of children
In November 2021, the European Chemical Agency (ECHA) launched an EU-wide campaign to increase awareness about the UFI (unique formula identifier).
The UFI is a 16-character code that can be found on the labels of everyday chemical products, such as cleaning agents, paints, and adhesives. It helps poison centres to identify the product and its ingredients quickly, so that they can give accurate advice faster.
For more information, consult the poison centres website here.
New publication of UN Regulation Nº 129
On 22 October 2021, the European Commission published the last version of UN Regulation Nº 129 in the Official Journal of the European Union.
The publication UN Regulation No 129 – Uniform provisions concerning the approval of Enhanced Child Restraint Systems used on board of motor vehicles [2021/1806] incorporates all valid text up to supplement 4 into the 03 series of amendments – Date of entry into force: 3 January 2021.
For more information, consult the official publication here.
New version of Toy Safety Directive guidance document
On 22 September 2021, the European Commission published the new version of the Toy Safety Directive 2009/48/EC explanatory guidance document.
This guide is intended only to facilitate the application of Directive 2009/48/EC by all stakeholders. For example, one of the aims is to provide guidance on how to ensure that the information in instructions and warnings is accessible and can be understood by consumers, and those who play with the toy, so that they can use the toy safely and appropriately.
For more information, consult the TSD explanatory guidance document in ENGLISH (Rev 1.10) on the European Commission’s website here.
FRANCE
New extended producer responsibility sections in the environmental code
The French Ministry of Ecological Transition has been working on the extended responsibility sector of the producer in consumer products. On 27 October 2021, it published an order laying down and defining:
- Specifications of what the eco-organisations have to contribute or provide for the reuse, repair, recycling and treatment of waste.
- Specifications of the individual systems put in place, where applicable, by producers to individually fulfil their extended responsibility obligations.
Sporting and leisure articles defined in article R. 543-330 of the code of the environment.
This order enters into force on January 1 2022.
On the other hand, law n ° 2020-105 of February 10 2020, relating to the fight against waste and the circular economy, provides for the establishment of an extended producer responsibility (EPR) chain for sporting and clothing items as of January 1 2022.
For more information, visit the Légifrance website here.
UK
New guidance for products with small, high-powered magnets
In October 2021, the UK authority published a guide on the risk assessment of products that contain small, high-powered magnets.
The aim of this document is to provide additional context to support local authorities in carrying out risk assessments for products with small, high-powered magnets which are not legislated or where there are no safety requirements for these items.
For example: desk toys or stress relievers, fridge/notice board magnets, magnetic mouth or nose jewellery, magnetic ear and/or body jewellery, magnetic glassware charms, etc.
The Office for Product Safety and Standards (OPSS) defines high powered magnets as those which have a magnetic flux of greater than 50 kG2mm2.
For more information, consult the guidance here.
U.S.
Direct final rule for infant swings
On 28 October 2021, the U.S. Consumer Product Safety Commission (CPSC) published a direct final rule which updates the mandatory standard for infant swings.
It incorporates the standard ASTM F2088-21 in 16 CFR part 1223.
This standard revised the age and, developmental information and harmonised these two points with the ASTN F2194 Bassinets and cradles standard.
The rule will be effective from 29 January 2022, unless the Commission received a significant adverse comment by November 29 2021. In such case, it was to be withdrawn.
For more information, consult the federal register publication here.
Direct final rule for carriages and strollers
On 18 November 2021, the U.S. Consumer Product Safety Commission (CPSC) published a direct final rule which updates the mandatory standard for carriages and strollers.
It incorporates the standard ASTM F833-21 in 16 CFR part 1227.
This standard includes an allowance for a concrete floor test surface, the addition of parking brake mechanism test methods, a summary list of references on combination units of a car seat on a stroller and non-substantive changes.
The rule will be effective from 15 February 2022, unless the Commission receives a significant adverse comment by December 20 2021. In such case, it will be withdrawn.
For more information, consult the federal register publication here.
New labelling requirements for Premoistened nonwoven disposable wipes in California
On 6 October 2021, the governor of California approved the Bill No 818 - Solid waste: premoistened nonwoven disposable wipes, which require that premoistened nonwoven disposable wipes are labelled clearly with the phrase “Do Not Flush” and a symbol (INDA/EDANA code) on or after July 1 2022 and with the exception of disinfecting wipes, have until January 1 2023 to update their labelling.
CANADA
Labelling requirements Amendment proposal for Upholstered and Stuffed Articles
On 20 October 2021, the Quebec authorities published the proposed Bill 103 with the aim of repealing the Quebec Upholstered and Stuffed Articles Act.
If the parliament approves this bill, Quebec will be aligned with Ontario and Manitoba which repealed their upholstered and stuffed articles regulations in 2019 and 2020 respectively. Manufacturers, importers, retailers, renovators and distributors with bedding, upholstered or stuffed articles would have no labelling requirements for these kinds of products.
For more information about the current legislation in Quebec, visit the Ministry of Economy and Innovation here.
Publication of Industry guidance for Corded Window Coverings Regulations
On 18 November 2021, Health Canada published the Industry guidance related to the Corded Window Coverings Regulations (SOR/2019-97). These regulations came into force on 1 May 2021 and Health Canada is prioritising the promotion of awareness, compliance with the Regulations and test method M22 for a period of one year from the coming-into-force date until 30 April 2022.
A corded window covering product is considered a consumer product if consumers are able to obtain the product for their own non-commercial (residential) use and if the same product may also be installed in commercial buildings (office buildings, restaurants, etc.). A consumer product is regulated under the Canada Consumer product Safety Act (CCPSA).
For general information regarding the Regulations, please see the following links:
- Corded Window Coverings Regulations
- Industry guidance related to the Corded Window Coverings Regulations
BRAZIL
New requirements for school articles
On 8 October 2021, Inmetro (Brazil’s Ministry of Economy/National Institute of Metrology, Quality and Technology) published the Ordinance No. 423 which establishes criteria and procedures for assessing the conformity of school articles. It is focused on safety through the certification mechanism, aiming to minimise the possibility of consumption accidents that endanger the health and safety of children under 14 years of age.
The complementary documents for the conformity assessment requirements are:
|
Reference |
Title |
|
Inmetro Ordinance No. 200 of 2021 |
Approves the General Product Certification Requirements - RGCP. |
|
ABNT NBR 15236:2021 |
School Item Security. |
This ordinance also provides the following information:
- Annex I: Consolidated conformity assessment requirements.
- Annex II: specifications for the conformity identification seal and the following words in the packaging:
"ATENÇÃO: Contém artigo escolar certificado no âmbito do Sistema Brasileiro de Avaliação da Conformidade." - Certification Model (1b (batch testing) or 5 (test, evaluation and audit)
- Annex III: List of 24 product categories for school articles.
The Ordinance came into force on 1 November 2021, but manufacturers and importers will have until 31 December 2022 to update the layout of the Conformity Identification Seal, as established in Annex II of this Ordinance.
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 63 alerts regarding Childcare articles, equipment and toys were reported, between week 42 and week 45 of 2021.
|
Types of Risk |
Number of alerts |
Notes |
|
Burns |
1 |
Fancy-dress mask The mask is easily flammable and the flame propagation is too high. It does not comply with the requirements of the Toy Safety Directive and the standard EN 71-2. |
|
1 |
Children's fancy dress costume The fancy dress costume is easily flammable and the flame propagation is too high. It does not comply with the requirements of the Toy Safety Directive and the standard EN 71-2. |
|
|
Chemical |
28 |
Plastic dolls The toy contains an excessive amount of bis(2-ethylhexyl) phthalate (DEHP), di-n-octyl phthalate (DNOP) and dibutyl phthalate (DBP). It does not comply with Toy Safety Directive nor with REACH. |
|
1 |
Water playing set The plastic material of the product contains an excessive amount of bis(2-ethylhexyl) phthalate (DEHP). It does not comply with the REACH Regulation. |
|
|
3 |
Toy Slime The migration of boron from the toy slime is too high. It does not comply with the requirements of the Toy Safety Directive and EN 71-3. |
|
|
Chemical, Choking |
1 |
Plush toy The plastic material of the product contains an excessive amount of bis(2-ethylhexyl) phthalate (DEHP). In addition, the suction cup can easily detach. Finally, the stuffing material of the product is easily accessible. |
|
Choking |
1 |
Soft toys Small parts (plastic eyes and suction cup) can easily detach from the toy. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
4 |
Toy gun, bow and arrow set The arrows' suction cups can be easily detached. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
|
2 |
Rattle toy A small plastic part (squeaking element) may easily detach from the toy. |
|
|
2 |
Plush toys The suction cup of the product and small parts can easily detach (key-ring). In addition, the stuffing material is easily accessible. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
|
1 |
Sandbox toy set The toy contains small elements (crab, fish, shells). It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
|
1 |
Toy car with candies Small parts can easily detach. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
|
3 |
Wooden puzzle – airplane Small parts may easily detach from the toy. |
|
|
Choking, Injuries |
2 |
Magnetic toy set The toy is made of small parts (balls) with a high magnetic flux. |
|
Choking, Strangulation |
1 |
Wooden toy A small wooden part can detach. In addition, the carrying strap does not have a quick-opening system on it and it could pose a strangulation risk. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
Damage to hearing |
1 |
Toy telephone The sound level produced by the toy is too high. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
Environment |
1 |
Soft toy with LED The LED lamp contains an excessive amount of lead. It does not comply with the requirements of the Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS 2 Directive). |
|
1 |
Bouncing ball The solders contain an excessive amount of lead. It does not comply with the requirements of the Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS 2 Directive). |
|
|
Injuries |
2 |
Toy scooter The scooter direction tube may break. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
1 |
Plastic toy airplane The protective cap, cap or tip may come off the projectile. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
|
1 |
Rattle Owl It has a protruding part. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
|
1 |
Baby Carrier The plastic washer which secures the child seat to the adult shoulder and waist straps may fail and the buckle which holds the child in place can also break. It does not comply with the requirements of the General Product Safety Directive. |
|
|
1 |
Toy ironing set The ironing board is not sufficiently stable and can tip over when using the product. Furthermore, the child's fingers could be entrapped between moving parts, causing injuries. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
|
1 |
Swing The plastic rope suspension and rope length adjustment partition hole part may break. It does not comply with the requirements of the Toy Safety Directive and EN 71-8. |
|
|
Strangulation, Suffocation |
1 |
Children's fancy dress The functional non-detachable cords in the neck area can become trapped during various activities of a child, leading to strangulation. In addition, the non-permeable plastic bag of the product is too thin. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
The following 7 alerts regarding hardgoods/ miscellaneous goods were reported, between week 42 and week 45 of 2021.
|
Types of Risk |
Number of alerts |
Notes |
|
Chemicals |
2 |
Earrings The product releases an excessive amount of nickel. It does not comply with the REACH Regulation. |
|
3 |
Necklace The product's closing contains lead. It does not comply with the REACH Regulation. |
|
|
1 |
Wristwatch The product contains an excessive amount of lead and releases an excessive amount of nickel. It does not comply with the REACH Regulation. |
|
|
Chemical, Environment |
1 |
Waterproof cellphone case with bracelet The plastic material of the product contains 2-ethylhexyl phthalate (DEHP)). It also contains Cadmium. It does not comply with the REACH Regulation. |
RASFF (European Commission Rapid Alert System for Food and Feed - Alerts reported by EU national authorities).
The following 7 alerts regarding Food Contact Materials related to children's tableware were reported from 21 October 2021 to 20 November 2021.
|
Product |
Substance / Hazard |
|
|
Bamboo dinnerware set for children |
Unauthorised use of bamboo fibre in melamine plastic dinner set for children. |
|
|
Lunch box wheat straw 800ml |
Presence of wheat straw in the composition of plastic FCM - not defined. Unauthorised use of wheat in lunch boxes from China. |
|
|
Tableware set for children |
|
|
|
Tableware for children |
Unauthorised use of bamboo in melamine and bamboo fibres in children's dinner sets offered online for sale. |
|
|
Bamboo fibre children's tableware |
Unauthorized use of bamboo in children's tableware from China. |
|
|
Paper straws with coloured printing |
Phthalates migration from paper straws from China. |
|
|
Children's tableware with trees, made of bamboo |
Unauthorised use of bamboo and melamine in children's tableware from China. |
|
U.S.
From 21 October 2021 to 20 November 2021, the CPSC (Consumer Product Safety Commission) published the following 5 recalls:
Recalls regarding furniture and consumer products
|
Hazard |
Number of alerts |
Notes |
|
Falling and drowning |
1 |
Steel Pool Ladders The steps of the ladder can loosen during use. |
|
Head injury |
1 |
Bicycle helmets They do not comply with the U.S. CPSC federal safety standard for bicycle helmets. |
|
Entrapment, death or injuries |
1 |
Drawer Chests The chests are unstable if they are not anchored to the wall, posing tip-over and consequently death or serious injuries to children. They do not comply with the voluntary industry standard ASTM F2057-19. |
|
Laceration |
1 |
Stools The metal band at the base can contain sharp edges. |
|
Risk of lead poisoning |
1 |
Chair Surface paint on the furniture contain levels of lead that exceed the federal lead paint ban. Lead is toxic if ingested by young children and can cause adverse health effects. |