February 2022 Regulatory Update

The governor of the state of New York State approved the "Family and Fire Fighter Protection Act" on 31 December 2021 to amend Article 37 of the Environmental Conservation Law by adding Title X to regulate flame retardants in upholstered furniture, mattresses and electronic casings.

The law was further amended on 24 January 2022 under Bill S7737 (A8723) with several changes including, but not limited to, the following:

• clarifying the term of an Organohalogen flame retardant chemical,
• updating the effective dates for products subject to the Act,
• adding a new section to exclude sellers of aforementioned products or upholstered or reupholstered furniture components for custom upholsterers from violation of the law if they can show that they relied in good faith on the written assurance of the manufacturer that the products met the requirements through a certification of compliance

The table below summarizes the requirements:

Note:
^ The following are exempt:

1. Electronic components of mattresses, reupholstered furniture, or upholstered furniture, or any associated casing for such electronic components.
2. Upholstered or reupholstered furniture components other than those identified in subdivision seven of section 37-1001 of this title.
3. Thread or fiber when used for stitching mattress components together.
4. The natural fibers wool, silk, and other animal fibers whether used singly or in combination with other materials.
5. Textiles made using modacrylic fiber components without antimony trioxide when used internally as a barrier material in a memory foam or gel foam mattress or aramid fibers when used in the fabric that covers the bottom (non-sleep surface) of a mattress that has a sleeping surface on only one side of the mattress. (Will expire on 1 January 2026)

*The following are exempt:

1. Any electronic display with a screen area smaller than or equal to 100 cm² or 15.5 in².
2. Projectors.
3. Virtual reality headsets.
4. All-in-one video conference systems.
5. Displays that are integrated with appliances and are not available for purchase as separate products by end-users.

On 25 December 2021, Canada published the draft Single-Use Plastics Prohibition Regulation in the Canada Gazette, Part I, Volume 155, Number 52 to ban certain single-use plastics. Public comment will run through 5 March 2022.

The draft regulation prohibits the manufacture, import, and sale of the following six categories of Single-Use Plastics (SUPs):

• A checkout bag, also known as a shopping bag, grocery bag, or carryout bag. It’s designed for carrying purchased goods and typically given to a customer at the retail point of sale.
• Cutlery, including knives, forks, spoons, sporks, and chopsticks.
• Foodservice ware made from or containing problematic plastics. This category includes containers, boxes, cups, plates, and bowls used for serving or transporting prepared food or beverages. Problematic plastics refers to extruded or expanded polystyrene foam, polyvinyl chloride, oxo-degradable plastics, or plastics that contain “carbon black” additives.
• Ring carriers. This category includes deformable bands that are placed on beverage containers to package them for transport.
• Stir sticks. They are designed to stir or mix drinks, or to stop a drink from spilling out of a lid.
• Straws, including drinking straws, flexible straws.

The prohibition of SUPs would not be applicable to:

• The manufacture, import, and sale of SUPs for the purposes of export.
• Sales of flexible straws to hospitals, medical facilities, long-term care facilities, and other care institutions.
• Sales of flexible straws in a non-commercial, non-industrial and non-institutional setting.
• Sale of packages of 20 or more flexible straws in retail stores only if the straws are not kept on public display and the customer requests it.

The prohibition on the manufacture and import for all SUPs and sale of straws would come into force one year following the registered day of the draft regulation.

The prohibition on sale for all SUPs, except straws, would come into force two years following the registered day of the draft regulation.

The proposed rulemaking for a safety standard for magnets issued on 10 January 2022 will apply to consumer products that are designed, marketed, or intended to be used for entertainment, jewelry (including children’s jewelry), mental stimulation, stress relief, or a combination of these purposes, and that contain one or more loose or separable magnets.

Toys that are subject to the CPSC’s mandatory toy standard (e.g., ASTM F963) are exempt from the proposed rule as the mandatory toy standard contains requirements that address the hazards associated with magnet ingestion related to children’s toys.

The proposed test requirement: Each loose or separable magnet in a product that is subject to the proposed rule and that fits entirely within the CPSC’s small parts cylinder would be required to have a flux index of less than 50kG²mm².

The document is open for public comment until 28 March 2022.

Key elements contained in the Recycling Modernization Act, Senate Bill 582 (SB 582), of 6 August 2021 are as follows:

1. Shares and scales recycling responsibility. Producers will be brought into Oregon’s recycling system to cover the cost of improvements. Cost to producers will be scaled based on what materials they use and how much they sell into Oregon.
• Producers - will join in a Producer Responsibility Organization (PRO) that will fund improvements to the system and ensure the recyclables that are collected go to responsible end markets.
• Producer Responsibility Organizations – will be responsible to collect and spend producer membership fees to ensure better and expanded recycling services. PRO(s) will also fund waste prevention grants/studies to identify challenges and recommend solutions in an effort to improve multifamily recycling and equity in the recycling system and address litter and marine debris.
2. Expands access to recycling. SB 582 will provide recycling services to people who may not have previously had access, such as those who live in apartments and rural areas.
3. Prevents plastic pollution. Ensures collected material is actually recycled and addresses plastic trash that pollutes oceans, rivers and communities.
4. Requires one list for the state identifying what can be recycled. This will provide clarity to Oregonians about what can be recycled and create efficiencies within recycling operations across the state.
5. Incentivizes innovation. Producer fees will be higher for non-recyclable products and for those products which inherently create more environmental pollution.
6. Implements accountability to outcomes. The Department of Environmental Quality (DEQ) will be responsible to issue permits and audit recycling processors. A Governor-appointed advisory council will be responsible to assess producer program plans, the statewide collection list, as well as educational resources.

The new law became effective 1 January 2022, and the recycling program changes will begin in July 2025.

The Extended Producer Responsibility for Packaging Act requires producers of packaged goods that are sold in the state to finance the maintenance and expansion of municipal recycling programs and Maine’s Department of Environmental Protection (DEP) to develop the implementation plan by the end of 2023.

Maine’s DEP will partner with a stewardship organization (SO) to reimburse and assist municipalities in providing recycling services throughout the state.

Producers will be required to report to the SO on the packaging associated with products sold into Maine and pay into the packaging stewardship fund. Low-volume producers, defined as those sending less than 15 tons of packaging into Maine on an annual basis, will have the option of reporting in a simplified manner and paying a flat fee of no more than $500/ton of packaging material. The rules associated with this law will define a process whereby any producer unable to provide the requisite reporting information can estimate its obligation.

The law will not define a producer’s packaging options nor prohibit the use of any type of packaging material or design. Producers can package their products in ways that align with product needs to other regulatory requirements. Certain packaging materials may require higher payments into the packaging stewardship fund than others for reasons such as toxicity or lack of inherent recyclability.

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The Protocol No 2: Microbiological safety of toys containing aqueous media (Rev 4) intends to specify microbiological requirements for toys containing aqueous media such as liquid paints, bubble solution, pen inks, and so on. The revision 4 update changes the parameter “Enterobacteriaceae” to “bile-salts tolerant gram-negative bacteria”. The Enterobacteriaceae are part of the group “bile-salts tolerant gram-negative bacteria”, but there are a few more included in this group.

On 17 January 2022, four chemicals were added to the candidate list of substances of very high concern bringing it to a total of 223 entries.

The potential uses and additional information relative to the four chemicals newly added to the candidate list are included in the table below.

Background related to development of Standards for Outdoor Candles:
Candles were created thousands of years ago serving, above all, as a light source. Continuous efforts have been made to improve candle quality and safety in use over time. Fires caused by unsafe candles and/or inappropriate use have led to consumer concern for these issues.

Sticks wrapped with fuel-soaked materials, such as paper, cardboard or fabric, oil lamps on a stick and products intended to be used professionally to protect vineyards or fruit orchards from frost damages are not covered by the new European Standards for Outdoor Candles (EN 17616:2021 and EN 17617:2021).

EN17616:2021 specifies requirements and test methods for the fire safety of candles intended to be burned outdoors.
Included are safety requirements for:

• a) Container candles
• b) Grave lights
• c) Freestanding candles
• d) Garden torches
• e) Floating candles

EN17617:2021 specifies requirements regarding safety information for burning candles outdoors and includes how safety information will be displayed as well as symbols to be used for the consumer.

The new European Standards for Outdoor Candles (EN 17616:2021 and EN 17617:2021) were published on 31 December 2021 and are to be implemented by June 2022.

Based on the Harmonized Standards for Electrical Equipment Under Low Voltage Equipment Directive 2014/35/EU, Decision (EU) 2019/1956 – Amendment, Decision (EU 2021/2273), there is a presumption of conformity to the safety objectives referred to in Article 3 of that Directive. Additionally:

Article 1 - Annex I to Implementing Decision (EU) 2019/1956 is amended in accordance with Annex I to this Decision.

Article 2 - Annex II to Implementing Decision (EU) 2019/1956 is amended in accordance with Annex II to this Decision.

It is therefore necessary to withdraw the following references to harmonized standards, as well as any references to amended or corrected standards published in the Official Journal of the European Union:

EN 60335-2-43:2003; EN 60320-2-4:2006; EN 60598-2-23:1996; EN 60947-3:2009; EN 60947-4-1:2010; EN 62040-1:2008; EN 60838-1:2004; EN 60335-2-21:2003; EN 60670-1:2005; EN 60947-5-8:2006; EN 60974-11:2010; EN 60974-13:2011; EN 60825-1:2014; EN 61800-5-1:2007; EN 62477-1:2012; EN 60335-2-73:2003; EN 61995-1:2008; EN 62423:2012; EN 60400:2017.

It is also necessary to withdraw the references of the harmonized standards EN 60335-1:2012, EN 60335-2-5:2015 and EN 60335-2-17:2013, together with the references of any amending or correcting standards thereto published in the Official Journal of the European Union.

To allow manufacturers sufficient time to prepare for the application of harmonized standards, the date of withdrawal of above standards is 21 June 2023; refer to Annex II for reference.

Website: Publications Office (europa.eu)

*Other Hazards include Radiation Hazard, Microbiological Hazard, Entrapment Hazard, Asphyxiation Hazard, Damage to Sight, Cut Hazard, Strangulation Hazard and Fire Hazard with a frequency of less than 8.

*Other Categories include Sporting Goods / Equipment, Car Components, Jewelry, Furniture, Household Items, Home Electrical Appliances, Footwear, Outdoor Living Items and Protective Equipment with a frequency of less than 6.

*Other Countries include Belgium, Latvia, Germany, Finland, Lithuania, Ireland, Romania, Slovenia, Austria and Slovakia with a frequency of less than 7.

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GB 39552.1-2020 is the China Official Standard for Sunglasses and Sunglare Filter. It was published on 17 November 2020 to replace the industrial standard QB 2457-1999. This official mandatory standard was implemented on 1 December 2021, and at the same time, QB 2457 was withdrawn.

The standard was drafted with reference to the ISO 12312.1-2013 Eye and face protection – Sunglasses and related eyewear – Part 1: Sunglasses for general use standard and includes some modifications to technical requirements to create a standard more appropriate for implementation in the China marketplace.

GB 39552.1 maintains some test items similar to those outlined in ISO 12312.1 such as:

• Lens category and transmittance requirement, including lens uniformity, UV transmittance requirement, and suitability for driving and night use
• Haze measurement
• Special claims on polarized function, photochromic function, blue light function, Infra-red and Ultra-violet function
• Refractive powers requirement
• Bridge deformation and lens retention
• Resistance to radiation
• Resistance to ignition
• Sunglasses frame/lens coverage
• Resistance to abrasion, which is an optional test in both GB 39552.1 and ISO 12312.1

There are several test items in GB 39552.1 with requirements technically different from ISO 12312.1 such as:

• Surface quality of Plating layer / Coating layer
• Resistance to Perspiration, which is mandatory in GB 39552.1
• Endurance, which is mandatory in GB39552.1
• Impact levels I / II / III, which are claimed functions in GB39552.1, not mandatory
• Minimum robustness, which is not covered in GB 39552.1
• Nickel release test, which is a claimed item in GB 39552.1 and refers to GB 38009 nickel test requirement, if necessary
• Test environment for GB 39552.1 and ISO 12312.1

Details can be referenced in GB 39552.1-2020 for test requirements and corresponding test methods can be referenced in GB/T 39552.2-2020.

The new standard, Children's Canvas Rubber Footwear Product Standard, GB/T 25036-2021, is applicable to footwear for use by toddlers and children, in which the soles are made of rubber or other similar elastomer materials as the primary materials, and the uppers are made of textile and other synthetic or natural materials as the primary materials.

GB/T 25036-2021 contains several technical revisions in comparison with GB 25036-2010.

Revisions include, but are not limited to, changes in:

• Terms and definitions
• Classifications
• Shoe size and model requirements
• Abrasion resistance of outsole requirement and test method
• Title and test method relative to the bonding strength of foxing-upper
• Category change from safety item to physical performance items for color fastness to rubbing of lining and insole
• Physical safety performance requirements and test methods
• Appearance quality requirements
• Specifications related to inspection rules and marking, packaging, transportation and storage

Additions to the standard include:

• Requirement and test method for hardness of cellular outsole
• Requirement and test method for slip resistance of outsole
• Warning label requirement

Deletions from the standard include:

• Elimination of the definition of base thickness and requirement
• Elimination of the test method for outsole thickness
• Elimination of the requirement and test method for health safety performance (including Annex A and Annex B)

GB/T 25036-2021 was issued on 11 October 2021, is now a mandatory standard and will go into effect beginning 01 May 2022.

The updated China Product Standard for Bedding – GB/T 22796-2021 applies to bedding products that are made of textile shells and textile linings, and may or may not include wadding fillings. Similar bedding products can also utilize this standard but it should be noted that it is not applicable to bedding filled with down and feathers, or silk fillings. It also is not applicable to bedding intended for infants aged 36 months or less.

Product quality requirements can refer to basic requirements, internal quality, appearance quality and process quality.

For basic requirements, product must comply with the requirements in GB 18401 which standardizes the general safety requirements and testing methods for all textile products manufactured in or exported to China. Bedding intended to be used by children ages 3 years and those up to and including 14 years of age also must also meet the requirements outlined in GB 31701 covering children’s textile products. Stuffed fiber for filling must also comply with requirements in GB 18383 covering general technical requirements for products with filling materials.

For internal quality, requirements include, but are not limited to, fiber content, breaking force, bursting strength, dimensional change, colorfastness, and others. Different products will have different quality requirements (refer to GB/T 22796-2021, Table 1.)

Process and appearance quality requirements are referenced in GB/T 22796-2021, clauses 4.6 – 4.9.

Revisions within GB/T 22796 included the following highlights:

• 1) Added bursting strength index of knitted fabric
• 2) Changed the technical requirements of washing dimension change rate, and added dimension change rate index of knitted fabric
• 3) Changed the assessment indicators of qualified products for color fastness to wet rubbing except for dark products
• 4) Deleted the specification and size of quilt covers and identified that only negative deviation is assessed
• 5) Changed the assessment indicators of uneven length and width
• 6) Added the appearance quality requirements of knitted bedding
• 7) Deleted the requirement of stitch density in sewing quality
• 8) Increased requirements for metallic risks that may cause harm to humans
• 9) Added pilling test method and fabric rating method for knitted fabrics
• 10) Added pilling rating method for woven fabrics
• 11) Added the test method of dry cleaning size change rate
• 12) Changed the test methods of dry cleaning size change rate of pillow and pad products

GB/T 22796-2021 became effective 1 February 2022.

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