Eurofins Toys & Hardlines Monthly Bulletin (September 2021)
EUROPE
Guide for the Protocol between Canada and European Union
On 1 September 2021, The European Commission published the following notice about the Canada Comprehensive Economic and Trade Agreement (CETA).
Commission Notice Implementation Guide for the Protocol to the CETA Agreement between Canada, the European Union and its Member States regarding the mutual acceptance of the results of conformity assessment (2021/C 351/01).
The aim is to facilitate the implementation of the Protocol and it provides practical guidance on the actions and steps to be taken by accreditation bodies and authorities.
The document focuses on the steps that the European Union and its Member States need to undertake when they carry out conformity assessment according to EU and Canadian legislation.
The Directive 2009/48/EC: Safety of Toys is one of the listed harmonised European legislation in the Protocol. The EU and Canada will consult with each other to broaden the legislations giving priority to the following product groups:
- Medical devices including accessories
- Personal protective equipment
- Pressure equipment, including vessels, piping, accessories and assemblies
- Appliances burning gaseous fuels, including related fittings
- Rail systems, subsystems and interoperability constituents
- Equipment placed on board a ship
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(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.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 |
|
Stationary training equipment - Part 2: Strength training equipment, additional specific safety requirements and test methods (ISO 20957-2:2020) |
2021-12-31 |
EN 957-2:2003 | |
|
Stationary training equipment - Part 7: Rowing equipment, additional specific safety requirements and test methods (ISO 20957-7:2020) |
2021-12-31 |
EN 957-7:1998 | |
Please find below a table summarising recent technical publications (non-exhaustive):
|
Date |
Entity |
Comments |
|
29/07/2021 |
DGCCRF |
Made in France claim |
|
01/07/2021 |
German Federal Institute for Risk Assessment (BfR) |
The update concerns BfR Recommendations on food contact materials for rubber: |
FRANCE
The identification of endocrine disruptors in consumer products
On 25 August 2021, The French Authorities published the following Decree related to law AGEC (the fight against waste and the circular economy):
The aim of the decree is the provision of information to identify endocrine disruptors in a product placed on the market. Thus, it requires that any person placing on the market products containing substances exhibiting endocrine disrupting properties according to the ANSES publishes a list of these products and the substances that each of them contains. This publication will be carried out in an open format allowing collaborative platforms to exploit this information and thus better inform consumers. The obligation relating to the provision of information allowing the identification of endocrine disruptors in a product placed on the market applies no later than six months after the publication of the order fixing the list of substances with disrupting properties.
U.S.
“Unit” clarification for application of the Toxic Free Kids Act
On 26 August 2021, the Oregon health authority published the temporary administrative order with the aim to clarify the reporting of children’s products under the Toxic Free Kids Act.
The main point of the clarification is the “Unit” definition which has been defined as having the same meaning as “component part”. This point is important because the law requires reporting of the HPCCCH that are present in amounts greater than 100 ppm (0.01 %). The authorities think that situation could arise where a HPCCCH might exceed this reporting limit in a component part of a product, but not in the entire product.
For more information, consult the official publication (PH 40-2021) here.
Flammability standards for residential upholstered furniture 2008 is withdrawn
On 16 September 2021, the Consumer Product Safety Commission (CPSC) published a document which indicated that its proposed rule on flammability standards for residential upholstered furniture that was published March 4, 2008 in the Federal Register has been withdrawn. This rule is no longer active because it has been superseded by the COVID-19 Regulatory Relief and Work From Home Safety Act. The COVID-19 Act establishes the regulatory text of the California standard, TB 117-2013, as the mandatory federal flammability standard for upholstered furniture and sets forth the statutory requirements. The ruling went into effect on June 25, 2021, and applies to all upholstered furniture manufactured, imported, or reupholstered on or after that date. However, the new labeling requirement will go into effect on June 25, 2022.
For more information, consult the official publication here.
CHINA
National Standard for furniture
On 16 August 2021, the State Administration for Market Regulation (Standardisation Administration of the P.R.C.) of China notified the World Trade Organisation of the following national standards:
|
Reference |
Title |
|
National Standard of the P.R.C, Technical Specification for Safety of Furniture Structure |
|
|
National Standard of the P.R.C., Limit of Harmful Substances of Furniture |
|
|
National Standard of the P.R.C., Technical Specifications for the Safety of Infants' and Children's Furniture |
BRAZIL
New requirements for Baby Bottles (Ordinance No. 216)
On 24 August 2021, Inmetro (Brazil’s Ministry of Economy/National Institute of Metrology, Quality and Technology) published an amendment on the Ordinance No. 216 related to Baby Bottles.
The Ordinance No. 2013 was published on 5 May 2021 and came into force in June 2021.
Its aim is establishing criteria, requirements and procedures to assess the conformity of bottles and teats, under a health surveillance regime, with a safety focus, through the certification mechanism, aimed at preventing consumption accidents. The conformity assessment must be carried out by a Product Certification Body, established in Brazil and accredited by Inmetro.
The complementary documents for the conformity assessment requirements were changed with the amendment published in August. The list of updated complementary documents are:
|
Reference |
Title |
|
Law No. 11,265, of January 3, 2006 |
Regulates the sale of foods for infants and children of early childhood and also products related to childcare. |
|
RDC Resolution No. 56, of November 16, 2012, or substitute |
It establishes the positive list of monomers, other starters and polymers authorized for the preparation of plastic containers and equipment in contact with food, the prohibition of the use of Bisphenol A in baby bottles and other measures. |
|
Resolution RDC No. 123, of June 19, 2001, or substitute |
Technical regulations on elastomeric containers and equipment in contact with food. |
|
Resolution RDC No. 51, of November 26, 2010, or substitute |
Provides for the regulation of migration in plastic materials, packaging and equipment intended to come into contact with food. |
|
RDC Resolution No. 52, of November 26, 2010, or substitute |
Provides for the regulation of colorants in plastic containers and equipment intended to be in contact with food. |
|
Resolution RDC No. 17, of March 17, 2008, or substitute |
Provides the positive list of additives for plastic materials intended for the preparation of packaging and equipment in contact with food. |
|
Resolution RDC No. 221, of August 5, 2002, or substitute |
Provides for the regulation of pacifiers, teats, baby bottles and teat protectors |
|
Anvisa Resolution No. 105, of May 19, 1999, or substitutes |
Provides for the regulation of general provisions for plastic containers and equipment in contact with food. |
|
Ordinance No. 27, of March 18, 1996 |
Provides for the regulation of glass and ceramic containers in contact with food. |
|
Inmetro ordinance in force |
General requirements for product certification - RGCP. |
|
ABNT NBR 13793: 2012 |
Safety of baby bottles and bottle teats. |
|
ABNT NBR 5426: 1989 |
Sampling plans and procedures for inspection by attributes. |
SOUTH KOREA
DIBP added in the phthalates restriction list for children’s product.
On 19 July 2021, the South Korea’s Ministry of Trade, Industry and Energy (MOTIE) published the notice No. 2021-132 which indicated that Di-isodecyl phthalate (DIBP - CAS number 68515-49-1/26761-40-0) has been added to the restricted phthalates list ( DEHP, DBP,BBP, DINP, DIDP and DnOP) under the Common Safety Standards for Children’s Products (CSSCP). It will become effective on 1 January of 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 |
|
China |
National Standard of the P.R.C., Limits of Hazardous Substances for Musical Instruments |
|
|
China |
General Requirements for the Safety of Indoor Stationary Training Equipment |
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
There are 23 alerts regarding Childcare articles, equipment and toys were reported, between week 34 and week 37 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 Toy Safety Directive and EN 71-2. |
|
Chemical |
5 |
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 |
Toy putty (Slime) The migration of boron from the toy slime is too high. It does not comply with the REACH, the Toy Safety Directive and EN 71-3. |
|
|
1 |
Toy pool It contains an excessive amount of diisodecyl phthalate (DIDP). They do not comply with the REACH Regulation. |
|
|
1 |
Ball game The plastic material of the bolls contains bisphenol A. It does not comply with the Toy Safety Directive. |
|
|
Choking |
1 |
Plush toy 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. |
|
1 |
Toy bow and arrows The arrows' suction cups can be easily detached. If a child puts them in the mouth, the suction cups could detach and obstruct the airways. It does not comply with the Toy Safety Directive and with EN 71-1. |
|
|
1 |
Pacifier clip It can easily break releasing small parts. It does not comply with the General Product Safety Directive and with EN 12586. |
|
|
1 |
Wooden Carousel Small parts (the buttons) can easily detach from the toy. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
|
1 |
Bath toy set Small plastic parts (squeaking element) may easily detach from the toy. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
|
1 |
Set of soft toys with key ring Small parts (a plastic eye from the doll and the ring of the bear-key ring) may easily detach from the toys. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
|
1 |
Soft toy A small part (plastic bow) may easily detach from the toy. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
|
1 |
Whistle toy The toy is too small. It does not comply with the requirements of the Toy Safety Directive and EN 71-1. |
|
|
Cuts |
1 |
Playground swing for two children The product has protruding edges which are not protected. This can cause serious cuts on any part of the body which they come into contact with. It does not comply with the General Product Safety Directive and the EN 1176. |
|
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. |
|
Injuries |
1 |
Trampoline sprinkler The product lacks instructions for use and a warning label to warn against using the trampoline in wet conditions. It does not comply with the Toy Safety Directive and the relevant European standard 71-1, 2 and 3. |
|
1 |
Children's car seat In case of a frontal crash, the child car seat (CRS) may not give the protection against head displacement as required. As a consequence, the child could be injured. Furthermore, the mass group in the manual does not correspond to the one indicated in the label and for which the product is intended. It does not comply with Regulation UN/ECE N. 44-04. |
|
|
1 |
Toy rocking horse The toy doesn't have the required movement limiters. This causes that the user of the toy is not held within the extreme of the bow. It does not comply with the Toy Safety Directive and EN 71-1. |
|
|
1 |
Space expedition toy set The battery compartment of the torch of the set can be easily opened, leaving batteries accessible. It does not comply with the requirements of the Toy Safety Directive and with the relevant European standard EN 62115. |
|
|
1 |
Plastic toy The toy is elastic and can be considerably stretched during use. A child could swing the toy around the head and twist it around the neck, causing strangulation. It does not comply with the Toy Safety Directive and EN 71-1. |
|
|
Microbiological |
1 |
Finger paints Contamination with Pseudomonas aeruginosa has been detected in the yellow and the blue paints. It does not comply with the requirements of the Toy Safety Directive. |
There are 9 alerts regarding hardgoods/ miscellaneous goods were reported, between week 34 and week 37 of 2021.
|
Hazard |
Number of alerts |
Notes |
|
Burns, fire |
2 |
Charcoal barbecue The horizontal plan of the barbeque becomes too hot,reaching a temperature of 87 degrees above the ambient temperature. It does not comply with the General Product Safety Directive and EN 1860-1. |
|
Burns, Fire, Injuries |
1 |
Self-balancing scooter (hoverboard) The battery does not have a device that monitors the cells temperature, hence it may overheat during charging, and the hoverboard cover may ignite. The product may cause a fire and the user may suffer burns. In addition, the power cords, which are exposed to movement between the two motors, are routed through a steel pipe with sharp edges at both ends. During the life of the product, the insulation of the power cords can be damaged by the sharp edges, the battery may short-circuit and explode during use. It does not comply with EN 60335 and EN 62133. |
|
Chemicals |
1 |
Pencil case The pencil case contains di(2-etylhexyl) phthalate (DEHP). It does not comply with the REACH Regulation. |
|
1 |
Anklet The product contains excessive amounts of cadmium. It does not comply with the REACH Regulation. |
|
|
1 |
Wristwatch The product releases an excessive amount of nickel. It does not comply with the REACH Regulation. |
|
|
1 |
Earrings The product contains an excessive amount of lead. amount of nickel. It does not comply with the REACH Regulation. |
|
|
Injuries, Strangulation |
1 |
Duvet and Pillowcase Set The trim of the bedding may become detached and form a loop in which a limp or a body part of the user may become trapped. It does not comply with the General Product Safety Directive. |
RASFF (European Commission Rapid Alert System for Food and Feed - Alerts reported by EU national authorities).
There are 6 alerts regarding Food Contact Materials related to children's tableware were reported from the 21 August 2021 to the 20 September of 2021.
|
Product |
Substance / Hazard |
|
|
5 piece bamboo tableware set |
Unauthorised use of bamboo in bamboo fibres, maize starch and melamine children's tableware from China, dispatched from Taiwan |
|
|
5 piece set children's bamboo fiber tableware |
Unauthorised use of bamboo in bamboo fibres, cardboard and melamine children's tableware offered online for sale |
|
|
Children bamboo tableware |
|
|
|
Children's bamboo tableware |
Unauthorised use of bamboo in bamboo fibres and melamine children's tableware offered online for sale |
|
|
Children's tableware set, 5 pieces |
Unauthorised use of bamboo in children's tableware set offered online for sale |
|
|
Children's tableware set |
Unauthorised use of bamboo in children's tableware set offered online for sale |
|
US
From the 21 August 2021 to the 20 September of 2021, CPSC (Consumer Product Safety Commission) published the following recalls: 7 recalls regarding Childcare and children’s products and 4 recalls regarding furniture.
Recalls on Childcare and children’s products
|
Hazard |
Number of alerts |
Notes |
|
Skin irritation |
1 |
Scent Stamper Pens The purple Scent Stamper Pen has elevated levels of benzyl alcohol. |
|
Drowning |
1 |
Infant Bath Seats The bath seats fail to meet the federal safety standard for infant bath seats, including requirements for stability and leg openings, and can tip over while in use. |
|
Choking |
2 |
Wooden tray puzzles The octopus and elephant puzzle pieces can break. |
|
Children’s eating utensils The handle of the Cutie Spoovel utensil can break off releasing small parts. |
||
|
Injuries |
1 |
Bike Helmets The bicycle helmets do not comply with the U.S. CPSC federal safety standard for bicycle helmets. |
|
Fall |
1 |
Step Up Sidekick Learning Towers The storage tray with cup holders and step can come loose from the tower. |
|
Chemical |
1 |
Children’s Shaving Kits The brown trim of the shaving kit bags contains levels of a regulated phthalate that exceed the prohibition of specific phthalates. Banned phthalates are toxic if ingested by young children. |
Recalls on furniture
|
Hazard |
Number of alerts |
Notes |
|
Laceration and pinching hazard |
1 |
True Living Sling Lounger The recalled loungers can collapse unexpectedly, posing an amputation, laceration and pinching hazard if finger gets caught in the metal folding joints. |
|
Fall and injury hazards |
2 |
Swivel Counter Stools The counter stools can break or collapse. |
|
Chair The counter stools can break or collapse, posing fall and injury hazards. |
||
|
Fall hazard |
1 |
Teak shower benches The shower bench can collapse during use, posing a fall hazard to the user. |