January 2019 Regulatory Update

In the updated version of ASTM F2670, the scope of the voluntary standard is expanded to include accessories used with an infant bath tub. Also, addressed in the new standard are new performance tests for accessories used with infant bath tubs, and a change in product labeling and instructions. For products manufactured on or after January 15, 2019, the relative product must be tested in accordance with ASTM F2670-18.

The rule became effective on January 15, 2019 unless significant adverse comments were received by November 23, 2018.

ASTM F2413-18 provides specifications related to the minimum design, performance, testing, and classification of footwear to protect individuals from workplace hazards. According to the updated standard, performance requirements shall be arranged following ASTM Test Methods F2412 and ASTM Specification F2413.

Additionally, a Certification of Conformance (COC) is expected to be issued by a third-party laboratory and should include the following information:

• Name, contact information, and authorization signatures of the third-party laboratory
• Name of the company
• Manufacturer’s references (product category, style, model, SKU, etc)
• Issue date of certification
• Report number and issue date associated with the Certificate of Conformance (COC)
• Statement that the manufacturer’s reference meets the performance requirements of ASTM Specification F2413-18 as tested in accordance with ASTM Test Methods F2412-18 and lists the safety hazards tested

According to the amendment, new PQLs are introduced for 5 recently added HPCCCH (See Regulatory Recap: October 2018) in Exhibit A of OAR 333-016-2035. Individual PQLs of mentioned HPCCCH are shown below.

The amendment came into force on January 1, 2019.

Currently, Proposition 65 places the primary responsibility to provide consumer product warnings onto the manufacturers, producers, packagers, importers, suppliers, and distributors. This requirement was intended, in part, to reduce the burden on retailers. The proposed amendment clarifies that these intermediate businesses may satisfy their obligation to provide a warning by placing a warning directly on the product or through a written notice to an authorized agent, who may be another business along the supply chain that receives the product before a retailer. In addition, OEHHA has proposed a clarification of when a retailer has “actual knowledge” of consumer product exposure by stipulating that the information must be of “sufficient specificity for the retail seller to readily identify the product” that requires a warning.

The proposed amendments were under a comment period through December 31, 2018.

Recent 60-day notices from April to October of 2018 include the following:

Starting July 01, 2019, upholstered and stuffed articles imported to the Province of Ontario will no longer require prior registration with the Technical Standards and Safety Authority (TSSA). The corresponding regulation, oversight and enforcement of requirements will be eliminated. The US regulation will be applied from now until the date of enforcement, and TSSA will continue its enforcement role of the regulation until July 1, 2019.

It is important to note that this revocation is intended for Ontario only. Upholstered and stuffed articles destined for sale in Quebec or Manitoba are still required to fulfill the necessary labeling requirements in the provinces. Additionally, upholstered and stuffed articles are subject to Federal requirements under the Canada Consumer Products Safety Act and Textile Labeling Act.

DEHP, DBP, BBP and DIBP are widely used as plasticizers in consumer products, including the artificial leather in belts and the synthetic component of footwear. Under the new restriction, the number of restricted phthalates increases from three (DEHP, DBP and BBP) to four (DEHP, DBP, BBP and DIBP). The scope of the restriction is expanded from plasticized materials in toys and childcare articles to plasticized materials in articles except the following product categories:

• Articles for industrial or agricultural use under certain conditions
• Motor vehicles under Directive 2007/46/EC and aircraft placed on the market before January 7, 2024
• Articles for the maintenance of aircraft and motor vehicles
• Articles placed on the market before July 7, 2020
• Measuring devices for laboratory use
• Food contact materials and articles under Regulations (EC) 1935/2004 or food contact plastics under (EU) 10/2011
• Medical devices under Directives 90/385/EEC, 93/42/EEC or 98/79/EC
• Electrical and electronic equipment under Directive 2011/65/EU
• Immediate packaging of medicinal products

Mentioned phthalates shall not be present in an article individually or in any combination of the phthalates in a concentration equal to or greater than 0.1 % by weight.

The new amendment came into effect on January 7, 2019.

This updated standard is specifically for domestic furniture. The new version of EN 1022 now covers all types of seating and incorporates the test method for office swivel chairs and outdoor seating, which were previously covered by individual standards. A summary of the major modifications of the standard are as follows:

• Introduced a new definition for specific types of work seats, like a swiveling chair
• Introduced the definition of a raised edge side to clarify the design for work seats
• Updated the loading point and back loading point for swiveling chairs
• New testing position for the forward stability test for rigid seats with a large radius
• Added a corner stability test for seats other than office chairs
• Clarified the definition of a leg rest and footrest
• Included rocking chairs for the rearward stability test

Under the draft regulation, the application of mutual recognition will be implemented in the following ways in order to reduce unnecessary bureaucracy, create new business opportunities and widen the choice for consumers among Member States:

• Increased legal certainty for businesses and national authorities by clarifying the scope of mutual recognition
• Introduced new mutual recognition declarations to demonstrate that the goods in question have already been lawfully marketed in an EU country
• Established a problem-solving mechanism to address disputes related to the compatibility of an administrative decision denying or restricting market access
• Improved administrative cooperation through Product Contact Points and enhanced the exchange of information via IT platform
• Provided financial support for setting up the above mechanisms established under the new rules

Once the EU Parliament and Council approve the draft regulation, new rules will become effective 12 months after the regulation enters into force.

The new version of the standard is intended to supersede the current version of AS/NZS 62115:2011. A summary of the changes is listed below:

• Reaffirmed the general conditions for tests
• Modified the criteria for reduced testing
• Introduced warnings for toys using button cell or coin batteries and ride-on toys
• Updated the requirements concerning accessibility of batteries
• Added requirements to cover toys placed above a child and connected to other equipment
• Incorporated optical radiation sources (Annex E) and using the technical LED data sheet for checking compliance with the specified accessible emission limits (AEL)
• Updated measurements of the optical radiation from the toy (Annex E)
• Introduced a new Annex regarding measurement methods for toys with an integrated field source generating electromagnetic fields (EMF)
• Included a normative Annex J concerning the safety of remote controls for electric ride-on toys

The current version of the electronic toy safety standard will be superseded by AS/NZS 62115:2018. The new version of the standard will come into force on June 29, 2021.

The new amendment intends to exempt several currently regulated electronic products from mandatory commodity inspection and RoHS labelling/declaration requirements. The following are examples of products, which are subject to the changes:

• USB port charged products with an input voltage of DC 5V and without the power adapter attached
• Products powered by a car cigarette lighter power supply or car power supply
• Three-phase voltage or simple battery powered products

Additionally, two new deadlines for certification are proposed.

• Before December 31, 2019, certification holders shall renew and submit type approval reports and technical documents for approval or inspection registration. Otherwise, the current registration will be rejected.
• Starting from January 1, 2019, the current standards according to Announcement No. 1063000780, 2017 are no longer applicable for certification registration.

The proposed amendment was under public comment until December 5, 2018.

Korea Eco-label helps the consumer to identify products in the market that are environmentally friendly. There are over 160 categories of products eligible to apply for Eco labels, including paper, photocopy machines, printers, paints, wallpapers, and bars of soap.

In the proposed amendment, 4 new product categories are introduced (Swimming equipment, cosmetic containers, clothes dryers and solar panel manufacturers). In addition, the certification criteria for currently existing products in the scope of this regulation are strengthened in order to comply with the latest certification standards.

The proposed amendment was under public comment until November 12, 2018.

Food contact utensils, containers and packaging in Japan are currently regulated under the Japan Food Sanitation Act, and there is no restriction on the use of food contact materials unless they are included in the list of prohibited materials.

The new positive system requires FCMs manufacturers to select approved materials from the approved list for production. Synthetic resin, including plastic is subject to regulation under the new rule. After implementation of the new system, manufacturers are expected to provide evidence of compliance to MHLW upon request.

This new system is proposed to enter into force on June 13, 2020.

Below is a summary of proposed toys safety standards intended to be included in the current Toys and Children’s Products Safety Ordinance (Cap. 424).

The proposed amendment was under public comment until December 31, 2018.

Market Surveillance Summary - China (Last Update Date: November 30, 2018)

The workshop was held in Riyadh, Saudi Arabia at SASO Headquarters, and the timeline for implementation was provided during the workshop. SASO 2902 will be implemented on January 01, 2019 and shall be enforced on April 01, 2019. At the same time, an IECEE certificate will be required as well for lighting products starting February 01, 2019.

Please refer to last month regulatory recap for details of the New EER Standard (See Regulatory Recap: December 2018)