Eurofins Toys & Hardlines Monthly Bulletin (October 2021)

EUROPE

Standards Updates

The following 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(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.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
EN 17406:2020 +A1:2021	Classification for bicycle usage	31/03/2022	EN 17406:2020
EN 913:2018+A1:2021	Gymnastic equipment - General safety requirements and test methods	31/03/2022	EN 913:2018

Technical Publications

Please find below a table summarising recent technical publications (non-exhaustive):

Date	Entity	Comments
10/09/2021	ECHA (European Chemicals Agency)	Risks from chemicals in baby diapers not demonstrated ECHA’s Committee for Risk Assessment (RAC) published its opinion on the ANSES’s proposal to restrict substances (formaldehyde, PAHs, dioxins, furans and PCBs) in single-use baby diapers under the EU’s chemicals legislation.
01/09/2021	DGCCRF (Direction générale de la concurrence, de la consommation et de la répression des fraudes)	Control of the mechanical safety of utensils and containers intended for feeding children (In French) DGCCRF published the report about the checks to children's cutlery that were susceptible to breakage - those made of materials such as melamine, wood, plant fibres or plastics - and children's water and compote bottles, including items such as straws and spouts, can come off and be swallowed. The objective was to prevent the risk of suffocation and ingestion of small elements. Although few anomalies were noted during visual and documentary checks, more than a third of the products targeted by the investigators were deemed non-compliant by the laboratory, more than half of which were declared dangerous.
21/09/2021	DGCCRF (Direction générale de la concurrence, de la consommation et de la répression des fraudes)	Non-food products: how far is it allowed to imitate a food? (In French) Non-food products that go too far in the imitation of food, such as Candles in the shape of fruit, hamburgers in synthetic foam, cosmetic with a chocolate scent, etc.., can present risks of household accidents, especially for children. The DGCCRF published a report which showed the restrictions on these kinds of products in several sectors such as cosmetics, decorations, household equipment and toys. The aim of the investigation was to control these everyday objects which bear too much resemblance to food.

FRANCE

New extended producer responsibility sections in the environmental code

On 23 September 2021, Decree No. 2021-1213 was published, relating to extended producer responsibility channels for toys, sports and leisure articles, and DIY and garden articles.

The decree introduces three new sections into the environmental code relating to these categories of products provided for by law as of 10 February 2020 on the circular economy and the fight against waste and they will be fully operational from 1 January 2022.

From this date, natural or legal persons who place these products on the national market will be required to contribute or provide for the collection, reuse, repair and recycling of waste from these products. The decree clarifies the scope of these three sectors by defining toys, sports and leisure articles, and DIY and garden articles, as well as the producers covered by these provisions.

To view the official publication, visit the Légifrance website here.

U.S.

Direct final rule for safety standards for gates and enclosures

On 28 September 2021, the U.S. Consumer Product Safety Commission (CPSC) published a direct final rule updates which clarifies the mandatory standard for gates and enclosures.

It incorporates the voluntary standardad ASTM F1004-21 in 16 CFR part 1239.

This standard includes performance requirements, test methods, and labelling and instructions for use requirements to address the hazards to infants and children associated with this kind of products.

The rule will be effective from 2 January 2022, unless the Commission receives a significant adverse comment by October 28 2021. In such a case, it will be withdrawn.

For more information, consult the federal register publication here.

PFAS are already regulated in California for juvenile products

On 5 October 2021, the governor of the US state of California approved the Bill Nº 652 Product safety: juvenile products: chemicals: perfluoroalkyl and polyfluoroalkyl substances (PFAS). The aim is to regulate these substances in Juvenile products. The limit is at or above 100 ppm (total organic fluorine) in a product or product component.

This bill does not apply to the following products:

A children’s electronic product, including, but not limited to, a personal computer, audio and video equipment, calculator, wireless phone, game console, handheld device incorporating a video screen, or any associated peripheral such as a mouse, keyboard, power supply unit, or power cord.
A medical device.
An internal component of a juvenile product that would not come into direct contact with a child’s skin or mouth during reasonably foreseeable use and abuse of the product.
An adult mattress.

It will be effective from 1 July 2023.

For more information, consult the official publication here.

New requirements for recycling claims

On 5 October 2021, California Governor Gavin Newsom signed Senate Bill 343 - Environmental advertising: recycling symbol: recyclability: products and packaging. The aim is to provide accurate and useful information about the environmental impact of plastic products.

This bill will prohibit a person from offering, selling, distributing, or importing into the state any product or packaging for which a deceptive or misleading claim is made about the recyclability of the product or packaging and will also provide the requirements for information and documentation for the use of the term “recyclable,” the use of a chasing arrows recycling symbol, or other representation that advises consumers to recycle a consumer good.

Standards updates

The table below summarises some recent ASTM standards updates:

Reference	Title
ASTM F2933 - 21a	Standard Consumer Safety Specification for Crib Mattresses
ASTM F1951 - 21	Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment
ASTM F3512 - 21	Standard Test Method for Evaluating Wind Safety and Durability of Market Umbrellas

CHINA

China released GB Standards

Recently, the State Administration for Market Regulation (SAMR) and the Standardization Administration of the People’s Republic of China (SAC) jointly published announcement no.09 and 12 (in Chinese) of 2021 to approve and release a batch of GB standards which are closely related to our industries.

The below table listed some of these standards (non-exhaustive list):

Furniture
GB/T 40904-2021	Methods for the determination of prohibited substances in furniture products and related materials—Azo dyes	Initial	01-05-2022
GB/T 40906-2021	Methods for the determination of prohibited substances in furniture products and related materials—Certain phthalate esters	Initial	01-05-2022
GB/T 40907-2021	Methods for the determination of prohibited substances in furniture products and related materials—2,4-diaminotoluene and 4,4'-methylenedianiline	Initial	01-05-2022
GB/T 40908-2021	Methods for the determination of prohibited substances in furniture products and related materials—Flame retardants	Initial	01-05-2022
GB/T 40971-2021	Methods for the determination of prohibited substance in furniture products and related materials—Polycyclic aromatic hydrocarbons	Initial	01-05-2022
Jewellery
GB/T 11888-2021	Jewellery—Ring-size—Definition, measurement and designation	GB/T 11888-2014	01-05-2022
GB/T 17832-2021	Silver jewellery alloys—Determination of silver—Volumetric (potentiometric) method using potassium bromide	GB/T 17832-2008	01-05-2022
GB/T 18996-2021	Silver jewellery alloys—Determination of silver—Volumetric(potentiometric) method using sodium chloride or potassium chloride	GB/T 18996-2003	01-05-2022

INTERNATIONAL

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
G/TBT/N/CHL/575	Chile	Draft Regulation on the safety of products used by children It establishes the safety requirements to be met by products used by children, which are imported, distributed or marketed in the country, regarding flammability and physical, mechanical, chemical and electromagnetic risks.

Technical Publications

Please find below a table summarising recent technical publications (non-exhaustive):

Date	Entity	Comments
20/09/2021	CMA (UK’s Competition and Market Authority)	Guidance Green claims code: making environmental claims The purpose of this guidance is to help businesses understand and comply with their existing obligations under consumer protection law when making environmental claims.
01/09/2021	KATS (Direction générale de la concurrence, de la consommation et de la répression des fraudes)	Results of Safety Investigation for Children's Products (in Korean) KATS published the results of the 2021 safety investigation plan about toys (Children’s toys, educational toys and school supplies). The hazardous chemicals and durability were checked for this kind of product.

PRODUCT RECALLS / ALERTS

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)

There are 27 alerts regarding Childcare articles, equipment and toys were reported, between week 38 and week 41 of 2021.

Types of Risk	Number of alerts	Notes
Chemical	3	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	Fingerpaint The yellow and red colours contain an excessive quantity of the preservative 2-methylisothiazoline-3(2)H-on. It does not comply with the requirements of the Toy Safety Directive and EN 71-10 and EN 71-11.
	1	Inflatable swim ring The plastic material of the product (swim ring and inflation valve) 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.
	1	Felt pens The grey felt pen contains an excessive amount of the preservatives 2-Methyl-4-isothiazolin-3-one (MI) and 5-chloro-2-methyl-4-isothiazolin-3-one (CMI). It does not fulfil the requirements of the Toy Safety Directive.
Chemical, Choking	1	Plastic toy The battery compartment can be easily opened, leaving the button cell batteries accessible. It does not comply with the requirements of the Toy Safety Directive and EN 62115.
Chemical, Environment	1	Battery toy piano The solders in the toy contain lead and cadmium in concentrations above limit values. It does not comply with the Commission Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS 2 Directive).
Choking	2	Soft toys Small parts (the zipper handle) can easily detach from the toy. It does not comply with the requirements of the Toy Safety Directive and EN 71-1.
	5	Soft toys Due to the weakness of certain seams, the fibrous stuffing material of the toy is easily accessible. It does not comply with the requirements of the Toy Safety Directive and EN 71-1.
	1	Soother holder In case of impact, the wooden shield of the product may easily break generating small parts. It does not comply with the General Product Safety Directive and with EN 12586.
	1	Soft pony Due to the weakness of certain seams on the head of the toy, small parts (the mane of the pony) are easily detachable. It does not comply with the requirements of the Toy Safety Directive and EN 71-1.
	1	Wooden puzzle – airplane Small parts may easily detach from the toy. It does not comply with the requirements of the Toy Safety Directive and EN 71-1.
Choking, Injuries	1	Magnetic toy set The toy is made of small parts (balls) with a high magnetic flux. It does not comply with the requirements of the Toy Safety Directive and EN 71-1.
Damage to hearing	1	Crystal Creations Hair Accessories Due to inadequate warning on the packaging and inadequate instructions on how to use the glue applicator, glue might come in contact with the user’s eye, causing eye injuries. It does not comply with the CLP Regulation nor with the requirements of the Toy Safety Directive.
Environment	1	Battery-operated toy piano The solders of the toy contain an excessive amount of lead. It does not comply with the requirements of the Directive 2011/65/EU on the restriction of hazardous substances (RoHS) and the relevant European standard EN 62321-5.
Injuries	1	Baby pushchair The pushchair is not stable enough and the seat restraint system might break. It does not comply with the General Product Safety Directive and EN 1888-1.
	1	Baby stroller The handlebar is not resistant enough and may break causing a loss of control of the stroller. It does not comply with the General Product Safety Directive and EN 1888-1.
	1	Doll stroller The pushchair has only one safety lock and is not sufficiently resistant to load. 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 38 and week 41 of 2021.

Types of Risk	Number of alerts	Notes
Chemicals	2	Dog lead The leather in the product contains an excessive amount of chromium VI. It does not comply with the REACH Regulation.
	1	Piercing jewellery The product contains an excessive amount of cadmium. It does not comply with the REACH Regulation.
	1	Plastic hooks The product contains an excessive amount of bis(2-ethylhexyl) phthalate (DEHP) The product contains an excessive amount of bis(2-ethylhexyl) phthalate (DEHP). It does not comply with the REACH Regulation.
	1	Necklace The product releases an excessive quantity of nickel. It does not comply with the REACH Regulation.
	1	Bracelets The product contains an excessive amount of cadmium. It does not comply with the REACH Regulation.
Injuries	1	Folding stool The stool has no locking device and the user can consequently suffer injuries with the clamping points. It does not comply with the requirements of the General Product Safety Directive nor with EN 12520.

RASFF (European Commission Rapid Alert System for Food and Feed - Alerts reported by EU national authorities).

The following 6 alerts regarding Food Contact Materials related to children's tableware were reported from 21 September 2021 to 20 October 2021.

Product	Substance / Hazard
Feeding set for children	Food Contact Material - Melamine Formaldehyde resin 40-45%, Wood Pulp 20-25%, Bamboo powder 15-30% - the product does not comply with the Commission Regulation (EC) No. 10/2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food	RASFF - Notification detail
Dinner set for children and a tray	Unauthorised use of melamine and bamboo fiber in plastic	RASFF - Notification detail
Dish, bowl, tray and glass	Unauthorised use of bamboo and plastics in tableware from China	RASFF - Notification detail
Baby nursing bottles	Migration of dibutyl phtalate (DBP) in baby nursing bottles	RASFF - Notification detail
Bamboo mix lunch box	Bamboo not approved as an additive in plastic food contact articles	RASFF - Notification detail
Lunchboxes	Food Contact Material Lunch box natural M P18 containing 57% polypropylene and 43% bioingredient (rice husk) - due to the presence of rice hulls in the composition, the product does not comply with the Commission Regulation (EC) No. 10/2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food	RASFF - Notification detail

From 21 September 2021 to 20 October of 2021, CPSC (Consumer Product Safety Commission) published the following 2 recalls:

Recalls on Childcare and children’s products

Hazard

Number of alerts

Notes

Fall and injury

Strollers

The stroller’s front wheel bearing can fail or detach .

Suffocate

Newborn Loungers

Infants can suffocate if they roll, move, or are placed on the lounger in a position that obstructs breathing, or roll off the lounger onto an external surface, such as an adult pillow or soft bedding that obstructs breathing .

2 recalls on furniture

Type of Risk

Number of alerts

Notes

Fall

Chair

It can break or collapse when weight is applied .

Fall and injury hazards

Stools

It can break during use .