January 2022 Regulatory Update

Main promoters: U.S. Senators Marsha Blackburn and Richard Blumenthal Background: This bill, S. 3278, is named in memory of an 18-month-old child, Reese Hamsmith who accessed the battery from a remote control and ingested it. This bill will require products with button cell and coin batteries to have clear warning labels and child-safe battery boxes.

Small button cell and coin batteries can pose a serious risk to children and babies if swallowed, but many products that use these batteries lack adequate safeguards to prevent this from occurring. Button cell and coin batteries are used in products readily accessible to children such as toys, remote controls, portable electronic products, games, and other items commonly found in homes and childcare facilities.

The bill, if passed, will direct the U.S. Consumer Product Safety Commission (CPSC) to create safety standards to address these hazards. Highlights include:

• Formulating performance standards, requiring the compartments of consumer goods containing button cell and coin batteries to be affixed in a way to prevent children 6 years of age or younger from gaining access;
• Requiring warning labels to be directly placed in the product manual, on the packaging and on the actual product so that it is clearly visible;
• Requiring a warning label that clearly identifies the danger of ingestion; and
• Requiring the product to have warning labels instructing consumers to put new batteries and used batteries out of the reach of children and directing to seek medical attention immediately if the batteries are swallowed by mistake.

Reese’s Law has the support of many U.S. Senators and consumer protection organizations, and they hope that the U.S. Congress will pass this bill as soon as possible to help protect children from preventable harm.

Beginning 1 January 2022, manufacturers that have made three Biennial Notices are requested to remove or substitute High Priority Chemicals of Concern for Children's Health (HPCCCH)(s) present at or above de minimis levels in children's products that are i) Mouthable; ii) A children's cosmetic; or iii) Made for, marketed for use by or marketed to children under three years of age, according to Oregon Administrative Rule (OAR) 333-016-3010.

Products that contain an HPCCCH at or above de minimis amounts may no longer be sold or offered for sale in Oregon after being reported in three Biennial Notices.

Alternatively, before the end of the third Biennial Notice Period (31 December 2021) for children's products described above, manufacturers may request for a waiver or exemptions from removal or for substitution.

Additionally, a permanent administrative order has been published on 29 December 2021 to amend OAR 333-016-2020 by adding five more High Priority Chemicals of Concern for Children’s Health (HPCCCH) effective from 1 January 2022 to make the list now contain 73 chemicals in total. These five new chemicals are also listed on the Washington State Department of Ecology’s Reporting List of Chemicals of High Concern to Children (CHCC). The five newly added chemicals are listed below.

1. Dicyclohexyl phthalate (DCHP) (CAS no. 84-61-7)
2. Diisobutyl phthalate (DIBP) (CAS no. 84-69-5)
3. Bisphenol F (BPF) (620-92-8)
4. Ethylhexyl diphenyl phosphate (EHDPP) (1241-94-7)
5. Chlorinated paraffins (108171-26-2)

The proposal is intended to improve the short-form warnings to provide consumers more specific information, and to limit the use of the short form warning to small products.

Below are the key highlights of the proposed changes:

1. Increases the maximum label size for short form warnings from 5 square inches to 12 square inches.
2. Reinstates the allowance of using the short form warning on websites and in catalogs
3. Gives more options on signal words including “CA WARNING” or “CALIFORNIA WARNING” in addition to the original signal word “WARNING” to allow businesses to make clear that the warning is being given pursuant to California law
4. Provides an additional warning option that more directly addresses exposure to carcinogens or reproductive toxicants to provide an additional safe harbor warning that can be used on the product label

For a complete list click here

In December 2021, the Canadian province of Quebec, through Bill 103, repealed its Act pertaining to stuffing /upholstered and stuffed articles. The repeal in Quebec followed a similar decision in two other Canadian provinces, Manitoba, and Ontario, where filled products are no longer required to be labeled or licensed.

The implications of the repeal are included below:

1. Product fill and products with hidden stuffing are no longer required to be licensed in Quebec.
2. Products with hidden stuffing (e.g., upholstered products and stuffed toys) are no longer required to be labeled.
3. A company or person holding a previously required stuffing manufacturers permit in Quebec, can safely allow it to lapse. Going forward, Quebec will no longer be issuing new or renewed permits for this purpose.

*Other Hazards include Health Risk Hazard and Laceration Hazard with a frequency of less than 3.

*Other Categories include Furniture, Chemicals, Accessories, Bodycare / Cosmetics and Protective Equipment with a frequency of less than 2.

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Printing inks are complex chemical mixtures that in general include pigments, solvents, additives, monomers, and so on. The chemical substances in printing inks may release into foodstuff which may endanger human health or bring about unacceptable changes in foodstuff composition or organoleptic characteristics of foodstuff.

In 2014, Germany announced its plan to regulate the printing inks for food contact use through a printing ink ordinance. On 2 December 2021, the German Federal Ministry of Food and Agriculture adopted the Twenty-First Amendment (also known as the Printing Inks Ordinance) to the German Consumer Goods Ordinance.

The Ordinance established:

• a positive substances list permitted for use in printing inks for food contact materials and articles.
• further limit values for certain substances: specific heavy metals and primary aromatic amines.
• a transition period for the new Printing Inks Ordinance which will be four to five years, depending on the new provisions entering into force.

This Ordinance entered into force on 8 December 2021.

On 17 December 2021, the Committee on Technical Barriers to Trade of the World Trade Organization (WTO) published a Notification from the European Union (EU), ‘Draft Commission Regulation on recycled plastic materials and articles intended to come into contact with foods, and repealing Regulation (EC) No 282/2008.’

Highlights of the draft regulation include:

• the subject matter, scope and definitions of recycled plastic materials and articles intended to come into contact with foods.
• rules for placing products on the market made of recycled plastic and recycled plastic materials and articles.
• requirement for development and listing of novel technologies.
• procedure for the authorization of individual recycling processes.
• requirements for declarations of compliance.

Proposed date of adoption: 15 June 2022
Proposed date of publication: 30 June 2022
Proposed date of entry into force: July 20, 2022

The extended producer responsibility for the textiles draft decree opened for public consultation on 21 November 2021 and aims to make textile producers responsible for the recycling and preparation for reuse of the textile products that they place on the Dutch market.

Under the draft text, producers are considered as any person or business that professionally places a textile product on the Dutch market for the first time. They are required to finance and put in place an appropriate system for the collection, recycling, reuse, and the disposal of the waste of textiles they bring to market.

Producers not established in the Netherlands and who place textile products on the national market shall designate a legal or natural person established in the Netherlands as its authorized representative for the performance of their producer's obligations.

The proposal also sets the following targets for the reuse and recycling of textiles placed into the Dutch national market: 50% in 2025 and 75% in 2030.

If enacted, the draft measures will come into effect on 01 January 2023. Interested parties were able to respond to this draft proposal until 2 January 2022.

*Other Hazards include Cut Hazard, Damage to Hearing, Damage to Sight, Entrapment Hazard, Microbiological Hazard, Fire Hazard and Radiation Hazard with a frequency of less than 10.

*Other Categories include Machinery, Tools and Hardware, Furniture, Sporting Goods / Equipment, Food Contact Material, Construction Products, Outdoor Living Items, Footwear and Accessories with a frequency of less than 6.

*Other Countries include Slovakia, Czechia, Bulgaria, Austria, Italy, Denmark, Portugal, Poland, Romania and The Netherlands with a frequency of less than 7.

For a complete list click here

*Other Hazards include Strangulation Hazard, Drowning Hazard and Burn Hazard with a frequency of less than 2.

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*Other Hazards include Fall Hazard, Chemical Hazard, Microbiological Hazard, Choking Hazard, Entanglement Hazard and Damage to Sight with a frequency of less than 3.

*Other Categories include Footwear, Furniture, Travel Items and Tools and Hardware with a frequency of less than 2.

** The province of the recall case, Children's Insulation Straw Cup on 31 December is not specified.

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