Eurofins Toys & Hardlines Monthly Bulletin (October 2022)
European forced labour products ban proposal
On 19 September 2022, the European Commission opened a public consultation related to the draft European regulation on prohibiting products made through forced labour (COM(2022)453 final) until 30 November 2022.
The objective of this proposal is to effectively prohibit the placing and making available on the EU market, and the export from the EU, of products made through forced labour, including forced child labour. The prohibition covers domestically produced and imported products.
The specific provisions of this proposal are:
Chapter I contains the general provisions, i.e. the subject matter, definitions and the prohibition of products made through forced labour, namely making them available on the EU market and exporting them.
Chapter II - Member States will be required to designate one or more competent authorities responsible for carrying out the obligations arising from this proposal.
Chapter III - Includes provisions for customs controls
Chapter IV- Contains provisions on information systems, on the guidelines that the Commission will have to issue in order to help competent authorities implement this proposed regulation and economic operators comply with it.
Chapter V sets out the final provisions: on confidentiality, international cooperation, delegated acts, urgency procedure, committee procedure, penalties and the entry into force and date of application of this proposed regulation.
For more information, consult the European published initiatives here.
European Standards related to GPSD in development
On 27 September 2022, the CEN and CENELEC Consumer Safety Network (CSN) meeting was held. CSN is an Expert group composed of member states’ representatives that assists the European Commission in the implementation of Directive 2001/95/EC on General Product Safety (GPSD).
At this moment, the CSN is working on the draft Commission Decision ‘Safety requirements’ related to The COMMISSION IMPLEMENTING DECISION (EU)2022/1401, which amends the Implementing Decision (EU) 2019/1698 as regards European standards for certain childcare items, children’s furniture, gymnastic equipment, lighters, and information and communication technology equipment. After three years of preparatory work, it has now reached the penultimate step of the ‘scrutiny period’ of three months before the planned adoption in Q1 2023.
European Standards in development include:
M/264 Consumer safety – childcare articles |
|
FprEN 12790-1 |
Childcare articles - Reclined cradles - Part 1: Reclined cradles for children up to when they start to try to sit up |
FprEN 12790-2 |
Childcare articles - Reclined cradles - Part 2: Reclined cradles for children up to when they start to stand up |
prEN 12586 |
Childcare articles - Soother holder - Safety requirements and test methods |
prEN 1466 |
Child use and care articles - Carry cots and stands - Safety requirements and test methods |
prEN 17826 |
Childcare articles - Chemical hazards - Requirements and test methods |
WI 00252138 |
Childcare articles – Safety requirements and test methods for children’s bedguards for domestic use |
M/285 Ladders |
|
prEN 131-8 |
Ladders - Part 8: Ladders with separate platform |
EN 131-4:2020/prA1 |
Ladders - Part 4: Single or multiple hinge-joint ladders |
M/309 Drawstrings children's clothing |
|
prEN 14682 rev |
Safety of children's clothing - Cords and drawstrings on children's clothing - Specifications |
M/372 Floating leisure products |
|
prEN ISO 25649-1 rev |
Floating leisure articles for use on and in the water - Part 1: Classification, materials, general requirements and test methods |
prEN ISO 25649-2 rev |
Floating leisure articles for use on and in the water - Part 2: Consumer information |
prEN ISO 25649-3 rev |
Floating leisure articles for use on and in the water - Part 3: Additional specific safety requirements and test methods for Class A devices |
prEN ISO 25649-4 rev |
Floating leisure articles for use on and in the water - Part 4: Additional specific safety requirements and test methods for Class B devices |
prEN ISO 25649-5 rev |
Floating leisure articles for use on and in the water - Part 5: Additional specific safety requirements and test methods for Class C devices |
prEN ISO 25649-6 rev |
Floating leisure articles for use on and in the water - Part 6: Additional specific safety requirements and test methods for Class D devices |
prEN ISO 25649-7 rev |
Floating leisure articles for use on and in the water - Part 7: Additional specific safety requirements and test methods for Class E devices |
M/452 Safety of music players |
|
prEN IEC 62368-1:2022 |
Audio/video, information and communication technology equipment - Part 1: Safety requirements |
prEN IEC 62368- 1:2022/prAA:2022 |
Audio/video, information and communication technology equipment - Part 1: Safety requirements |
M/464 Childcare articles - Cluster 1 (drowning risks), bath rings, bathing aids, bathtubs and stands |
|
EN 17072:2018/prA1 |
Childcare articles - Bath tubs, stands and non-standalone bathing aids - Safety requirements and test methods |
M/506 Stationary training equipment |
|
prEN ISO 20957-1 rev |
Stationary training equipment - Part 1: General safety requirements and test methods |
prEN ISO 20957-2 |
Stationary training equipment - Part 2: Strength training equipment, additional specific safety requirements and test methods |
prEN ISO 20957-7 |
Stationary training equipment - Part 7: Rowing equipment, additional specific safety requirements and test methods |
M/508 Bicycles, Bicycles for Children and Luggage Carriers |
|
Rev EN ISO 11243 |
Cycles - Luggage carriers for bicycles - Requirements and test methods |
M/527 Children seats |
|
EN 14988:2017+ |
Children's high chairs - Requirements and test methods |
M/538 Alcohol-powered flueless fireplaces |
|
prEN 16647-1 |
Alcohol powered flueless fireplaces – Safety requirements and test methods- Part 1: Manually operated decorative fireplaces for domestic use |
The following table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):
(*) Date of withdrawal: the latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.
(**) Date of announcement: the 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.
Standards related to food contact materials:
CEN |
|||
Reference |
Title |
Date of withdrawal |
Supersedes |
Materials and articles in contact with foodstuffs - Plastics - Part 3: Test methods for overall migration in evaporable simulants |
28-02-2023 |
EN 1186-9:2002 |
|
Packaging - Flexible cylindrical plastic tubes - Dimensions and tolerances |
28-02-2023 |
||
Vitreous and porcelain enamels - Method of test of self-cleaning properties (ISO 8291:1986) |
31-03-2023 |
|
|
Reference |
Title |
Date of withdrawal |
Supersedes |
Paper and board - Guidance on the application of Term 2.2 "Prohibited materials" of EN 643:2014 |
30-11-2022 |
|
Standards related to consumer products:
CEN |
|||
Reference |
Title |
Date of withdrawal |
Supersedes |
Domestic swimming pools - Environmental performance efficiency - Performance evaluation, methodology, and classification of the use of outdoor pools and their equipment/p> |
28-02-2023 |
|
|
Paints and varnishes - Methods of exposure to laboratory light sources - Part 2: Xenon-arc lamps - Amendment 1: Classification of daylight filters (ISO 16474-2:2013/Amd 1:2022) |
31-03-2023 |
|
|
Tissue paper and tissue products - Part 4: Determination of tensile strength, stretch at maximum force and tensile energy absorption (ISO 12625-4:2022) |
31-03-2023 |
Tethered caps for beverage containers
In May 2019, the European Commission published the Directive (EU) 2019/904 on the reduction of the impact of certain plastic products on the environment. It states, in article 6, that beverage containers, caps and lids made from plastic may be placed on the market only if the caps and lids remain attached to the containers throughout the products’ intended use. The Commission requested that the European standardisation organization (CEN) develops harmonised standards relating to this requirement.
On 7 September 2022, CEN published the standard EN 17665:2022 related to packaging and plastic caps and lids to remain attached to beverage containers.
This document specifies the requirements and test methods to demonstrate that plastic caps and lids of single-use beverage containers with a capacity of up to three litres remain attached to the container during the product’s intended use. This document also addresses the need to ensure the necessary strength, reliability and safety of beverage container closures, including those for carbonated drinks. This document applies to the strength, reliability and safety impacted by the attachment features and does not apply to the overall closure system.
Tethered caps will become mandatory in the EU in July 2024.
Miscellaneous technical publications relating to food contact materials
The latest publications in relation to food contact materials are summarised in the table below:
Date |
Country / Region |
Entity |
Publication |
19-10-2022 |
Ukraine |
Ministry of Economy of Ukraine |
Draft Order "On approval of the Technical Regulation relating to crystal glass". |
05-10-2022 |
Europe |
European Commission |
Public consultation: |
21-09-2022 |
Europe |
European Commission |
Miscellaneous technical publications relating to consumer products
The latest publications in relation to consumer products are summarised in the table below:
Date |
Country / Region |
Entity |
Publication |
09-09-2022 |
Europe |
European Commission |
European Parliament resolution of 16 February 2022 on the implementation of Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys (Toy Safety Directive) (2021/2040(INI)) |
28-09-2022 |
Europe |
European Commission |
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on liability for defective products (COM/2022/495 final) |
28-09-2022 |
Europe |
European Commission |
Public consultation: |
Recent publications by ANSES (French Agency for Food, Environmental and Occupational Health & Safety) related to consumer products include:
Date |
Publication |
15-09-2022 |
School supplies: the great vagueness of chemical substances |
CPSC approves new mandatory standard for clothing storage units
On 19 October 2022, the Consumer Product Safety Commission (CPSC) approved a new federal mandatory safety standard for clothing storage units (CSUs) that will significantly change the testing and labelling requirements for CSUs. The new standard will address the risk of injury or death of young children from tip over incidents with CSUs, which includes products such as chests, bureaus, dressers, armoires, wardrobes, chests of drawers, drawer chests, chifforobes and door chests.
The new standard will contain minimum stability requirements and marking and labelling of safety and identification information requirements.
The new safety standard will take effect 180 days after it is published in the Federal Register.
US EPA proposes to update voluntary consensus standards for composite wood products
On 29 March 2022, the Environmental Protection Agency (EPA) proposed to update several voluntary consensus standards in the EPA’s formaldehyde standards for composite wood products regulations under the Toxic Substances Control Act (TSCA).
On 20 September 2022, the EPA proposed to update the incorporation by reference of two additional voluntary consensus standards in the formaldehyde standards for composite wood products regulations to reflect the most recent editions. The EPA accepted comments for the addition of the following standards until 20 October 2022:
- ANSI A208.1-2022 Particleboard
- ANSI A208.2-2022 Medium Density Fiberboard
Please click here to see the proposed rulemaking in the Federal Register.
Connecticut passes new lighter regulation
The State of Connecticut has recently approved SB 185 to prohibit the offering of or selling counterfeit, novelty, or unsafe lighters.
Under the new regulation, the following terms have the following definitions:
A “lighter” is any electrical or mechanical device that (1) operates using any type of fuel, including butane or another liquid fuel, and (2) is typically used to light a cigarette, cigar, or pipe.
A “counterfeit light” is a lighter that infringes on the intellectual property rights of a U.S. citizen or entity protected by federal or state intellectual property law.
A “novelty lighter” is a lighter that (1) is designed to appear as a toy; (2) produces entertaining audio or visual effects, including musical notes or flashing lights; or (3) resembles, in physical form and function a (a) battery, beverage, cartoon character, cell phone, gun or other weapon, food musical instrument, sporting equipment, vehicle, or watch; or (b) item intended for use by those under age 12. A novelty lighter does not include any standard disposable or refillable cigarette or pocket lighter that includes, or is decorated with, any artwork, decal, heat-shrinkable sleeve, label, or logo.
An “unsafe lighter” is (1) a disposable or refillable cigarette or pocket lighter that does not comply with American Society for Testing and Materials (ASTM) standards for lighters (F400-20) and (2) a grill or utility lighter that does not comply with ASTM standards for utility lighters (F2201-20).
The new regulation became effective on 1 October 2022.
See below a table summarising some recent ASTM standards updates:
Reference |
Title |
Standard Specification Safety Specification for Infant Bathers |
India amends food contact materials regulation
The Food Safety and Standards Authority of India has recently issued the Food Safety and Standards (Packaging) Second Amendment Regulations, 2022 to add 2 new chemicals to its requirement list for specific migration limits in plastic food contact materials. With the addition of antimony and DEHP, the number of substances with migration limits will be expanded to 9 chemicals. Please see Table 1 below to see the full list of specific migration limits of substances from plastic food contact materials.
Table 1: Requirement for specific migration limits of substances from plastic materials intended to be in contact with articles of food
Substance |
Maximum Migration Limit (mg/kg) |
Barium |
1.0 |
Cobalt |
0.05 |
Copper |
5.0 |
Iron |
48.0 |
Lithium |
0.6 |
Manganese |
0.6 |
Zinc |
25.0 |
Antimony |
0.04 |
Phthalic acid, bis (2-ethylhexyl) ester (DEHP) |
1.5 |
Taiwan prohibits asbestos-containing products
The Environmental Protection Agency of Taiwan has recently issued Circular No. 1111111106 to prohibit the import of products containing asbestos, effective 1 May 2023. The prohibition will not apply to the following products:
- Necessary for the protection of civilians and military purposes
- For research, experimentation and educational purposes
- Suitable alternatives to products that do not contain asbestos as ingredients cannot be obtained.
Hong Kong to increase cost of plastic bags
The Government of the Hong Kong Special Administrative Region recently issued a Press Release to announce that three pieces of subsidiary legislation for enhancing the Plastic Bag (PSB) Charging Scheme were passed by the Legislative Council. The three subsidiary legislations amend the Product Eco-responsibility Ordinance (Cap. 603) and the Product Eco-responsibility (Plastic Shopping Bags) Regulation (Cap. 603A) with the following changes:
- Increasing the charge per PSB from the current level of at least 50 cents to at least 1 dollar.
- Removing the exemption for PSBs carrying frozen/chilled food items; and
- Tightening the scope of exemption such that free PSBs can only be provided when purchasing foodstuff items without packaging or not wholly contained in any packaging, or food and beverage takeaway items in non-airtight packaging.
The enhanced Scheme will be implemented on 31 December 2022.
The New Zealand government is banning certain hard-to-recycle plastics and will phase out six single-use items over the next four years. This marks the beginning of New Zealand’s move towards a low waste and circular economy. Below is a summary table outlining the three main tranches of the country’s fight against plastics:
Date |
Tranche |
Banned plastic products |
01-10-2022 |
*The scope is limited to pre-formed trays used for produce, baked goods and meat. |
|
Mid-2023 |
Single-use plastic items:
*Plastic straws will be available for disabled people and medical use
** See this website for further information on scope. |
|
Mid-2025 |
|
For more information, consult guidance from the New Zealand Ministry for the Environment here.
New requirements for ornaments and accessories
On 23 September 2022, the Kingdom of Saudi Arabia published the Technical regulation for ornaments and accessories.
This technical regulation applies to jewellery and decorative accessories made of metals, plastics, glass or textiles. Precious metals, plating and artifacts are excluded from the scope of this regulation are.
This technical regulation aims to determine the basic requirements and technical requirements for ornaments and accessories, which are included in the scope of this technical regulation, and to determine the conformity assessment procedures that suppliers and users must adhere to, to ensure that these products conform to the basic requirements needed to preserve the safety of the environment and the health and safety of the consumer.
These main requirements include the following permitted limits for heavy metals:
Heavy Metal |
Limit |
Lead (Pb) |
0.05 % by weight |
Cadmium (Cd) |
0.01 % by weight |
Nickel (Ni) |
(0.2) µg/cm2 |
(0.5) µg/cm2 |
New version of international safety of toys standard
In September 2022, the International Organization for Standardization published the Safety of toys — Part 1: Safety aspects related to mechanical and physical properties. It cancels and replaces ISO 8124-1:2018, ISO 8124-1:2018/Amd.1:2020 and ISO 8124-1:2018/Amd.2:2020.
This document specifies requirements and test methods for toys intended for use by children in various age groups from birth to 14 years. It also requires that appropriate warnings and/or instructions for use be given on certain toys or their packaging.
Products not included within the scope of this document are:
- Bicycles, except for those considered to be toys, i.e. those having a maximum saddle height of 435 mm;
- Slingshots/catapults;
- Darts with metal points;
- Public playground equipment;
- Compressed air-operated and gas-operated guns and pistols;
- Kites (except for the electric resistance of their strings, which is included);
- Model kits, hobby and craft items, in which the finished item is not primarily of play value;
- Sporting goods and equipment, camping goods, athletic equipment, musical instruments and furniture; however, toys which are their counterparts are included;
- Models of aircraft, rockets, boats and land vehicles powered by combustion engines; however, toys which are their counterparts are included;
- Collectible products not intended for children under 14 years of age;
- Holiday decorations that are primarily intended for ornamental purposes;
- Aquatic equipment intended to be used in deep water;
- Swimming-learning devices and flotation aids for children, such as swim-seats and swim-aids;
- Toys installed in public places (e.g. arcades and shopping centres);
- Puzzles for specialists, for example those with more than 500 pieces and those without a picture;
- Fireworks, including percussion caps, except percussion caps specifically designed for toys;
- Products containing heating elements intended for use under the supervision of an adult in a teaching context;
- Steam engines;
- Video toys that can be connected to a video screen and operated at a nominal voltage greater than 24 V;
- Pacifiers (dummies) for babies;
- Faithful reproductions of firearms;
- Electric ovens, irons or other functional products operated at a nominal voltage greater than 24 V;
- Bows for archery with an overall relaxed length exceeding 120 cm;
- Fashion jewellery for children.
For more information, consult the ISO website here.
Below, you will find a monthly table summarising product recalls and alerts in Europe (Source “Safety Gate (RAPEX)” and “RASFF”) and the U.S. (Source “CPSC”)
Safety Gate RAPEX (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities)
The following 38 alerts regarding childcare articles, equipment and toys were reported between week 38 and week 41 of 2022.
Type of Risk |
Number of alerts |
Notes |
|
|
Pranking toys set |
|
Electrical toy |
|
|
Plastic bottle with sweets |
|
|
Plastic dolls |
|
|
|
Plastic toys |
|
Rattle |
|
|
Baby Gym |
|
|
Soother holder |
|
|
Mobile musical toy |
|
|
Rattle toy |
|
|
Activity play mat |
|
|
Wooden toy |
|
|
Puzzle play mat |
|
|
Toy gun set |
|
|
Soft toy |
|
|
|
Rattle toy |
|
|
Toy gun set |
|
|
Pull-along toy |
|
Soft toy |
|
|
Yoyo puffer ball |
|
|
|
Baby carrier |
|
|
Soother holder |
The following 6 alerts regarding furniture were reported between week 38 and 41 of 2022.
Type of Risk |
Number of alerts |
Notes |
|
|
Foldable pouffe |
|
|
Chair |
The following 6 alerts regarding hard goods/ miscellaneous goods were reported between week 38 and 41 of 2022.
Type of Risk |
Number of alerts |
Notes |
|
|
Plastic tablecloth |
|
Inflatable baby swimming float |
|
|
Jewellery |
|
|
|
Vase |
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 September 2022 to 20 October 2022.
Product |
Substance / Hazard |
|
Bamboo fibres, maize starch and melamine's bowls |
Unauthorised use of bamboo and of maize in bamboo fibres, maize starch and melamine bowls |
|
Blue melamine plate |
Migration of formaldehyde in melamine plate |
|
Lunch Box with Cutlery |
Unauthorised use of wheat straw in lunch box with cutlery |
|
Rice husk feeding utensils |
Migration of melamine and unauthorised use of rice husk in children's feeding utensils |
OPSS issues Product Safety Alerts on the UK market. The following alerts regarding toys and childcare products were reported between week 38 and week 41 of 2022.
18 recalls regarding toys and childcare products
Type of Risk |
Number of alerts |
Notes |
|
|
Plush Doll |
|
Microscope |
|
|
Fidget Spinner |
|
|
Rattle |
|
|
Magnetic Fishing Toy |
|
|
Magnetic Fishing Toys |
|
|
Magnetic Jigsaw Puzzle |
|
|
Magnetic Toy |
|
|
|
Toy Air Gun |
|
|
Flashing Flower Toy |
|
Small, High-Powered Magnetic Products |
|
|
Magnetic Wooden Toy |
|
|
|
Wooden baby play gym with cream cushion |
|
|
Wooden baby play gym with pink leaf cushion underneath |
|
Cot Hanging Toy |
|
|
|
Children’s scooter |
|
|
Mushroom Teether |
2 recalls regarding hard goods/ miscellaneous goods
Type of Risk |
Number of alerts |
Notes |
|
|
Argos Belly and Tongue Bar Sets |
|
|
Halloween Decoration |
1 recall regarding hobby and sports equipment
Type of Risk |
Number of alerts |
Notes |
|
|
Fishing Camping Chair |
From 29 September 2022 to 20 October 2022, the CPSC (Consumer Product Safety Commission) published the following recalls:
3 recalls regarding Toys and childcare products
Hazard |
Number of alerts |
Notes |
|
|
Shape sorter toy |
|
|
Toy gun |
|
|
Army action figure and butterfly net sets |
2 recalls of furniture
Type of Risk |
Number of alerts |
Notes |
|
|
Bunk beds with ladder |
|
|
Desk and storage unit |
8 recalls of consumer products
Type of Risk |
Number of alerts |
Notes |
|
|
Bar jam brackets |
Strap |
||
|
|
Hair clip |
Ring |
||
|
|
Cabinet latches |
|
|
Scuba buoyancy compensator device |
|
|
Bird baths |
|
|
Buoyancy compensator device |
1 recall of food contact materials
Type of Risk |
Number of alerts |
Notes |
|
|
Kettle |