Eurofins Toys & Hardlines Monthly Bulletin (September 2022)

EUROPE

Assessment of the impact of inconsistences in the Toy Safety Directive

On 6 September 2022, the European Commission published Implementation of the Toy Safety Directive 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).

The European Parliament asks the Commission to continue its evaluation process and perform an exhaustive impact assessment on the inconsistencies in the Toy Safety Directive in order to decide whether and how to address them.

For more information, consult the official publication in the European Commission website here.

Correct implementation review request of voluntary certification

On 14 September 2022, the European Commission published a note for the attention of market surveillance authorities and notifying authorities with the subject: Voluntary certification for products subject of EU technical harmonisation legislation.

With this note, the European Commission drew attention to voluntary certification, certification, and independent third-party terms, among others, which were often incorrectly used during the COVID-19 crisis.

It is important to take note of the following points:

It is important to remember that if a Union product legislation does not provide for third-party involvement in the conformity assessment but the economic operator opts for the voluntary involvement of a third party, the document issued by that third party could bear the name ‘certificate’ only if the body involved on a voluntary basis is a notified body for the specific area.
The notified body cannot use its notified body number in relation to assessments, tests, certificates or other activities for legislation for which it is not notified.
CE marking is only to be affixed after testing the product and performing the prescribed conformity assessment procedure or procedures according to the applicable Union harmonisation legislation (in some cases, the involvement of a notified body is mandatory).
‘Voluntary certificate’ is issued without any product checks and is not foreseen in any of the legislation. It is usually issued following documentation checks only.

The European Commission request that member states ensure market surveillance authorities check their respective markets for products, which bear incorrect documentation and that notifying/designating authorities make sure that the bodies they have notified or designated are not performing any misleading activities using their notification. Following this, they must take appropriate actions.

European Commission requests for standards review of the circular economy

On 2 August 2022, the European Commission notified Commission implementing Decision with reference C(2022)5372 on a standardisation request to the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical (CENELEC) Standardisation as regards plastics recycling and recycled plastics and in support of the European Circular Economy Strategy.

The aim is to draft and revise European standards and European standardisation deliverables in support of this matter.

This Standardisation Request will involve the following nine Technical Committees, and all of which are committed to have standardisation deliverables delivering by August 2025:

CEN/TC 88 ‘Thermal insulating materials and products’, secretariat DIN;
CEN/TC 134 ‘Resilient, textile, laminate and modular mechanical locked floor coverings’, secretariat NBN;
CEN/TC 155 ‘Plastics piping systems and ducting systems’, secretariat NEN;
CEN/TC 249 ‘Plastics’, secretariat NBN;
CEN/TC 254 ‘Flexible sheets for waterproofing’, secretariat NEN;
CEN/TC 261 ‘Packaging’, secretariat AFNOR;
CEN/TC 301 ‘Road vehicles’, secretariat AFNOR;
CLC/TC 111X ‘Environment’, secretariat NEC;
CLC/TC 213 ‘Cable management systems’, secretariat BSI.

New requirements for plastic materials and articles intended to come into contact with food

On 20 September 2022, the European Commission published Commission Regulation (EU) 2022/1616 of 15 September 2022 on recycled plastic materials and articles intended to come into contact with foods, and repealing Regulation (EC) No 282/2008.

This Regulation concerns the categories of materials and articles into contact with food listed in Annex I of Regulation (EC) No 1935/2004 and, where appropriate, combinations of those materials and articles or recycled materials and articles.

It lays down rules for:

The placing on the market of plastic materials and articles containing plastic originating from waste or manufactured therefrom.
Requirements for documentation, instructions and labelling for recycled plastic materials and articles.
The development and operation of recycling technologies, processes and installations, to produce recycled plastic for materials and articles in contact with food.
The use in contact with food of recycled plastic materials and articles and of plastic materials and articles which are intended to be recycled.

This Regulation shall not apply to the use of waste to manufacture substances included in the Union list of authorised substances in accordance with Article 5 of Regulation (EU) No 10/2011, intended to come into contact with food, when intended for subsequent use in accordance with that Regulation.

The Regulation came into effect on 10 October 2022 and Article 6(3)(c) and 13(2) shall apply from 10 October 2024.

For more information, consult the European Commission website here.

Other legal publications

Recent publication by the European Commission related to consumer products:

Date	Publication
16 August 2022	Consolidated text: Commission Implementing Decision (EU) 2019/1698 of 9 October 2019 on European standards for products drafted in support of Directive 2001/95/EC of the European Parliament and of the Council on general product safety (Text with EEA relevance)Text with EEA relevance
09 September 2022	Amendments adopted by the European Parliament on 10 March 2022 on the proposal for a regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) 2019/1020.

European public initiatives

Please find below a table summarising recent public initiatives (non-exhaustive):

Feedback period for Commission adoption	About this initiative
Second quarter 2024	Environmental impact of imaging equipment, including consumables
Third quarter 2022	EU environmental law – implementation review 2022
Third quarter 2022	Evaluation of the EU Biodiversity Strategy to 2020
Third quarter 2022	Persistent organic pollutants – setting limit values in Annex I (update)

FRANCE

Technical publications

Recent publications by DGCCRF (Direction générale de la concurrence, de la consommation et de la répression des fraudes) related to consumer products include:

Date	Publication
09 August 2022	Safety of Decorative Water Beads and Beads These products in particular must not present any risks for young consumers, who may confuse them with a foodstuff or a toy.
08 August 2022	Draft decree modifying the specifications of the eco-organizations of the sector with extended responsibility of the producers of furnishing elements designated in article R. 543-240 of the environment code The draft decree subject is to complete the specifications for the approval of eco-organizations in the furnishing elements in accordance with the Environment Code with the aim of the repair and reuse of furnishing elements.

DENMARK

National transposition of European allergenic fragrances requirements for toys.

On 5 July 2022, the BEK no. 815 of 7 June 2022 related to toys came into effect. This Decree Transposes Directives (EU) 2020/2088 and (EU) 2020/2089 related to two categories of allergenic fragrances to Denmark’s national law. Executive order no. 1800 of 3 December 2020, concerning safety requirements for toys, was repealed.

The key takeaways are:

Annex II: The allergenic fragrances list has been extended to 58 substances (cannot exceed 100 mg/kg).
Annex II: The list of allergenic fragrances which must be indicated on the toy product if exceeding 100 mg/kg has been extended to 71 substances.

Updated guidance publications

The latest updates in design standards and other recent publications by UK authorities related to consumer products include:

Date	Publication
08 September 2022	Designated standards: low voltage Notices of publication and a consolidated list for designated standards for low voltage electrical equipment.
08 September 2022	Designated standards: radio equipment Notices of publication and a consolidated list for designated standards for radio equipment.
05 September 2022	Designated standards: toy safety Notices of publication and a consolidated list for designated standards for toy safety.
05 September 2022	Designated standards: measuring instruments Notices of publication and a consolidated list for designated standards for measuring instruments.
25 September 2022	Classifying portable and industrial batteries Use the definitions, criteria and evidence given to classify portable and industrial batteries.
27 September 2022	Designated standards: new or amended notices of publication Proposed updates to the lists of standards for businesses.
31 August 2022	Delivering protection and confidence in a strong, green economy: OPSS product regulation strategy 2022-2025

NEW ZEALAND

Prohibition of certain products that contain plastic

On 1 October 2022, the Waste Minimisation (Plastic and Related Products) Regulations 2022 is came into effect.

These regulations ban the manufacture and sale of certain products, which generally contain plastic. The products are the following:

Plastic drink stirrers that are single-use;
Plastic or synthetic cotton buds that are single-use, with some exceptions;
Any product that contains plastic with pro-degradants;
PVC food trays or containers;
Specified polystyrene packaging for food or drink.

US Enacts “Reese’s Law” to Regulate Button Cell and Coin Batteries

On 16 August 2022, the United States enacted Public Law 117-171, also known as “Reese’s Law,” to require the Consumer Product Safety Commission (CPSC) to establish a final consumer product safety standard for button cell or coin batteries and consumer products containing button cell or coin batteries, no later than 1 year after the Act’s enactment.

Under the new law, the consumer product safety standard shall contain (1) a performance standard requiring the button cell or coin battery compartments of a consumer product containing button cell or coin batteries to be secured in a manner that would eliminate or adequately reduce the risk of injury from button or coin cell battery ingestion by children that are 6 years of age or younger during reasonably foreseeable use or misuse conditions; and (2) warning label requirements for packaging, accompanying literature, and the product itself as practicable.

The new law will also require any button cell or coin battery sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the US or included separately with a consumer product sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the US, to have child-resistant packaging in accordance with 16 CFR 1700.15. Any toy product that is in compliance with the battery accessibility and labelling requirements of 16 CFR 1250 shall be exempt from the requirements of the Act. Button cell or coin batteries that are in compliance with the marking and packaging provisions of ANSI C18.3M shall be exempt from the child-resistant packaging requirements of the Act.

CPSC Updates Safety Standard for Frame Child Carriers

On 1 September 2022, the Consumer Product Safety Commission (CPSC) issued a direct final rule (16 CFR 1230) to update the mandatory Safety Standard for Frame Child Carriers. The final rule incorporates the latest version of ASTM F2549-22, Standard Consumer Safety Specifications for Frame Child Carriers, with no modifications.

ASTM F2670-22 includes revised requirements for flammability, dynamic strength, stability, and torque, and includes a new warning requirement.

The direct final rule will become effective on 3 December 2022 unless the CPSC receives significant adverse comments by 3 October 2022.

CPSC Updates Safety Standard for Infant Bouncer Seats

On 1 September 2022, the Consumer Product Safety Commission (CPSC) issued a direct final rule (16 CFR 1229) to update the mandatory Safety Standard for Infant Bouncer Seats. The final rule incorporates the latest version of ASTM F2167-22, Standard Consumer Safety Specifications for Infant Bouncer Seats, with no modifications.

ASTM F2670-22 includes revised requirements for the suffocation hazard and fall hazard warnings.

The direct final rule will become effective on 19 December 2022 unless the CPSC receives significant adverse comments by 6 October 2022.

CPSC Updates Safety Standard for Infant Swings

On 20 September 2022, the Consumer Product Safety Commission (CPSC) issued a direct final rule (16 CFR 1223) to update the mandatory Safety Standard for Infant Swings. The final rule incorporates the latest version of ASTM F2088-22, Standard Consumer Safety Specifications for Infant Swings, with no modifications.

ASTM F2088-22 includes revisions to the warning statement requirements.

The direct final rule will become effective on 1 January 2023 unless the CPSC receives significant adverse comments by 20 October 2022. 

CPSC Approves New Safety Standard for Magnets

On 21 September 2022, the Consumer Product Safety Commission (CPSC) issued the new federal safety standard for magnets (16 CFR 1112 and 1262), in order to address the hazards associated with ingestion of one or more high-powered magnets.

The new rule applies to magnet products that are designed, marketed, or intended to be used for entertainment, jewelry, mental stimulation, or stress relief, and that contains one or more loose or separable magnets, but does not include products sold and/or distributed solely to school educators, researchers, professionals, and/or commercial or industrial users exclusively for educational, research, professional, commercial, and/or industrial purposes.

Toys that are subject to 16 CFR 1250 (Safety Standard Mandating ASTM F963 for toys) are exempt from the rule as ASTM F963 already includes requirements to adequately address the magnet ingestion hazard associated with children’s toys.

Under the new rule, if the loose or separable magnet fits entirely within the small parts cylinder described in 16 CFR 1501.4, the magnet must have a flux index of less than 50 kG2 mm2 when tested in accordance with the method described in ASTM F963.

The rule will become effective on 21 October 2022 and will apply to all magnets manufactured after that date.

CHINA

China Updates Mandatory Standards for Food Contact Paper, Bamboo, and Wood Materials

On 28 July 2022, China’s National Health Commission and State Administration for Market Regulation issued a revised mandatory standard for food contact paper and paperboard materials (GB 4806.8-2022) and a new mandatory standard for food contact bamboo and wood materials and products (GB 4806.12-2022). Please see Table 1 below for more information:

Standard Number	Scope	Effective Date
GB 4806.8-2022	Food contact paper and paperboard	30 June 2023
GB 4806.12-2022	Food contact bamboo, wood, cork materials and products	30 December 2022

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)

The following 42 alerts regarding childcare articles, equipment and toys were reported between week 34 and week 37 of 2022.

Type of Risk	Number of alerts	Notes
Chemicals	1	Toy slime The migration of boron from the toy is too high. It does not comply with the requirements of the Toy Safety Directive nor with EN 71-3.
Chemicals	6	Plastic dolls The toy has an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP) and dibutyl phthalate (DBP). The product does not comply with REACH Regulation.
Chemical, Choking, Suffocation	1	Soft toy Small part (metal zipper) may easily detach. The fibrous stuffing material of the toy is easily accessible. Moreover, the plastic of the packaging is too thin. Furthermore, the battery compartment can be easily opened, leaving the button cell batteries accessible. The product does not comply with the requirements of the Toy Safety Directive nor with EN 71-1 and EN 62115.
Chemical, Environment	1	Plastic doll The plastic material of the product contains an excessive amount of organic tin (TBT). The product does not comply with REACH Regulation nor with the European standard EN 71-3.
Choking	1	Toy car circuit The wheels of the wooden cars supplied with the toy car circuit generate small parts. The product does not comply with the requirements of the Toy Safety Directive, nor with the European standard EN 71-1.
	2	Plastic toy The toy can easily break, generating small parts. The product does not comply with the requirements of the Toy Safety Directive, nor with EN 71-1.
	3	Puzzle Small parts of the puzzle pieces can easily detach. The product does not comply with the requirements of the Toy Safety Directive, nor with EN 71-1.
	2	Soft toy Small parts can easily detach. The product does not comply with the requirements of the Toy Safety Directive, nor with EN 71-1.
	2	Soother holder The product can easily break, releasing small parts. The product does not comply with the requirements of the General Product Safety Directive, nor with EN 12586.
	1	Pull-along toy Small parts can easily detach. The product does not comply with the requirements of the Toy Safety Directive, nor with EN 71-1.
	4	Rattle toy The handle of the rattle toy is too long and the product can easily break, releasing small parts. The product does not comply with the requirements of the Toy Safety Directive, nor with EN 71.
	1	Puffer toy Small parts can easily detach from the toy. The product does not comply with the requirements of Toy Safety Directive, nor with EN 71.
	1	Wooden toy Small parts can easily detach from the toy. The product does not comply with the requirements of the Toy Safety Directive, nor with EN 71-1.
	1	Electric ride-on tricycle The plastic cover of the charging connector can easily detach from the toy. The product does not comply with the requirements of the Toy Safety Directive, nor with EN 71-1.
Choking, Damage to sight, Injuries	1	Soft toy The LEDs of the toy are too powerful. The seams come easily apart, making the LEDs and the filling accessible. The LEDs have sharp edges. The product does not comply with the requirements of the Toy Safety Directive, nor with EN 71-1 and EN 62115.
Choking, Entrapment, Strangulation	1	Baby blanket A child’s fingers may become trapped in loops and threads that have become loose or unraveled from the product. The threads can twist around parts of the body causing entrapment of the fingers and toes or become wrapped around the neck of the child causing strangulation. The child can also put these parts in the mouth and choke. The product does not comply with the requirements of the General Product Safety Directive (GPSD).
Choking, Injuries	1	Toy-helicopter with sweets Small parts (wheels of the helicopter) can easily detach from the toy and the small parts are sharp. The product does not comply with the requirements of the Toy Safety Directive, nor with EN 71-1.
Damage to sight, Injuries	1	Toy gun The kinetic energy of the arrows ejected is too high, exceeding the permitted levels. The product does not comply with the requirement of the Toy Safety Directive, nor with EN 71-1.
Entrapment, Injuries, Strangulation	2	Plastic swing The rope of the swing has no pre-fixed hangers. As a result, the swing can be improperly assembled and the knots may easily become loose. A child may fall down and suffer injuries. The product has accessible openings and holes. The product does not comply with the requirements of the Toy Safety Directive, nor with EN 71-8.
Injuries	1	Children's crib One bedside can be dislodged unintentionally. The product does not comply with the requirements of the General Product Safety Directive.
	2	Baby swing The lateral swing angle of the swing is too large, and there is no protection from a restraining system. The angle between the backrest and the horizontal surface of the swing is too small. The locking mechanism on the product does not engage automatically. The product does not comply with the requirements of the General Product Safety Directive, nor with EN 16232.
	1	Baby swing The width of the straps of the restraint system is too short. The crotch straps can therefore tear away easily. The product does not comply with the requirements of the General Product Safety Directive, nor with the European standard EN 12790.
	1	Reclined cradle The angle between the backrest and the horizontal surface is too small. The product does not comply with the requirements of the General Product Safety Directive, nor with the European standard EN 12790.
	1	Baby carrier The carrier does not sufficiently prevent a baby from falling to the ground. The product does not comply with the requirements of General Product Safety Directive, nor with the European standard EN 13209-2.
	2	Wooden swing The ropes are fixed to the swing seat with knots that may easily loosen. The product does not comply with the requirements of the Toy Safety Directive nor with EN 71-8.
Strangulation	1	Infant swing / rocker When the product is not in use, the seat belts (tethered straps) can hang freely under the seat. The product does not comply with the requirements of the General Product Safety Directive.

The following 12 alerts regarding hard goods/ miscellaneous goods were reported between week 34 and 37 of 2022.

Type of Risk	Number of alerts	Notes
Chemicals	1	Wristwatch The watch clasp of the wristwatch releases an excessive amount of nickel. The product does not comply with the REACH Regulation.
	1	Inflatable armbands The product contains an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP). The product does not comply with REACH regulation.
	1	Children's drinking bottle The plastic material of the product contains an excessive amount of bis(2-ethylhexyl) phthalate (DEHP). The product does not comply with REACH Regulation.
	1	Fitness gloves The product contains chromium (VI). The product does not comply with REACH Regulation.
	6	Jewellery The product contains an excessive amount of cadmium, lead and nickel. The product does not comply with REACH Regulation.
Chemical, Environment	1	Muffin forms The product contains an excessive amount of Perfluorooctanic acid (PFOA) which comes in direct contact with food. The product does not comply with the Regulation on Persistent Organic Pollutants (POP Regulation).
Environment	1	Digital thermometer The metal (solder) in the thermometer contains an excessive concentration of lead. The article does not comply with the requirements of the Commission Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS 2 Directive).

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 the 21 August 2022 to the 20 September 2022.

Product	Substance / Hazard
Bamboo fibre bowl	Unauthorised use of bamboo and melamine in plastic bowls	RASFF Window - Notification detail
Bamboo Dinner Set	Unauthorised bamboo	RASFF Window - Notification detail
Tableware	Unauthorised use of vegetable fibres	RASFF Window - Notification detail
Bowls, mugs and plates	Unauthorised use of bamboo and other vegetable fibres	RASFF Window - Notification detail
Natural bamboo fiber dishes	Unauthorised use of bamboo and of maize in bamboo fibres, maize starch and melamine	RASFF Window - Notification detail
Children's set (plate & bowl) made of polydimethylsiloxane	High content of volatile constituents	RASFF Window - Notification detail

OPSS issues Product Safety Alerts on the UK market. The following alerts regarding toys and childcare products were reported between week 34 and week 37 of 2022.

5 recalls regarding toys and childcare products

Type of Risk	Number of alerts	Notes
Asphyxiation	1	Shape sorter The red cube shape may come apart during use, creating small parts and therefore a potential choking hazard.
Choking	1	Light & Sound Shape Sorter The product presents a risk of choking as the red cube shape may come apart during use, creating small parts and therefore a potential choking hazard.
Entrapment, strangulation, and choking	1	Baby blanket The product due to an issue which may result in loose threads around the edge of the blanket. The product does not meet the requirements of the General Product Safety Regulations 2005.
Strangulation	1	Infant swings and rockers When the swing or rocker is not in use, their restraint straps can dangle below the seat and non-occupant crawling infants can become entangled in the straps, posing a strangulation hazard.
Entrapment, strangulation, and choking	1	Baby Blanket The product has been recalled due to an issue which may result in loose threads around the edge of the blanket. The product does not meet the requirements of the General Product Safety Regulations 2005.

1 recall regarding food contact materials

Type of Risk	Number of alerts	Notes
Burn	1	Mug The base may fall away from the cup and very hot liquid could then spill on the user. There has been a report of this happening, resulting in hospitalisation and second degree burns. The product does not meet the requirements of the General Product Safety Regulations 2005.

1 recall regarding hobby and sports equipment

Type of Risk	Number of alerts	Notes
Chemicals	1	Binoculars The straps associated with a range of products have been reported as being in breach of REACH Regulations by having excess PAH’s.

U.S.

From 1 September 2022 to the 22 September 2022, the CPSC (Consumer Product Safety Commission) published the following recalls:

3 recalls regarding Toys and childcare products

Hazard	Number of alerts	Notes
Amputation/Laceration	1	Strollers The stroller’s rear disc brakes have openings that can cause amputation or laceration if a non-occupant child’s fingertip gets caught in the openings while the stroller is in use.
Drowning	1	Bathseats 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, posing a drowning hazard to babies.
Fall	1	Strollers The parking brake on the strollers can fail, posing fall and injury hazards to children.

3 recalls of furniture

Type of Risk	Number of alerts	Notes
Fall	1	Metal hanging chairs The hanging chair can tip or fall over or the metal hook or chain suspending the chair can break when a consumer is seated in the chair, posing a fall hazard.
Impact/crush	1	Beds The wall beds can break or detach from the wall and fall onto those nearby, posing serious impact and crush hazards.
Entrapment/strangulation	1	Ladders sold with bunkbeds The space between the fourth ladder step and the cross-member of the hutch of the bunk bed is wider than 3.5 inches, posing entrapment and strangulation hazards.

8 recalls of consumer products

Type of Risk	Number of alerts	Notes
Fall	2	Climbing stick Under pressure, one or more of the climbing stick’s steps can crack causing them to break, posing fall and injury hazards to users.
Fall	2	Bicycles The handlebars on the bicycles can slip in the stem and cause the rider to lose control, posing a fall hazard.
Burn	1	LED Lights The recalled lights can overheat during use, posing a burn hazard.
Impact	1	Basketball goals Welds in the arm attaching the backboard to the pole can fail and cause the backboard to fall, posing an impact injury hazard to consumers.
Entrapment	4	Pool and spa drain covers The recalled drain covers do not conform to the entrapment protection standards of the Virginia Graeme Baker Pool and Spa Safety Act (VGBA), posing an entrapment hazard to swimmers and bathers.

2 recalls of food contact materials

Type of Risk	Number of alerts	Notes
Burn	1	Ceramic mugs The coffee cup can crack or break when hot liquid is poured into it, posing a burn hazard.
Laceration	1	Jars Pieces of glass can be found in some of the recalled jars, posing a laceration hazard to consumers.