March 2022 Regulatory Update

In June 2019, Maine signed the Toxic Chemicals in Food Packaging legislation into law. The law required the Maine Department of Environmental Protection (DEP) to publish a list of 10 or less food contact chemicals of high concern in order to determine their use in food packaging, if any, and identify if there are safer alternatives.

In December 2021, the DEP published the finalized list of 10 food contact chemicals of high concern. These chemicals are:

• - Bisphenols structure (Bisphenol A, Bisphenol B, Bisphenol S, and Bisphenol F)
• - 4-Octyl phenol
• - Octamethyl cyclotetrasiloxane (D4)
• - Toluene
• - Styrene
• - Benzene
• - Methylenedianiline (MDA)
• - Paraben structure (Propyl paraben, Butyl paraben, Methyl paraben and Ethyl paraben
• - Benzophenone
• - Nonylphenol

The proposed act of Rhode Island, Senate Bill 2049, prohibits any person to manufacture, sell or distribute for use, food packaging containing intentionally added PFAS in any amount. The act also requires that any carpeting or clothing containing PFAS manufactured or sold in the state should carry a warning label. Any person who violates the provision shall be subject to a fine of not more than one thousand dollars for each offense. The act would take effect on 1 January 2023.

Another similar act prohibiting the sale of products containing intentionally added PFAS has been proposed in the state of New Hampshire, House Bill 1589, in which a wider product scope is covered.

• - Beginning 1 January 2023, a written notification shall be submitted to the state department by any manufacturer of a product for sale that contains intentionally added PFAS.
• - Beginning 1 January 2024, no person shall sell, offer for sale or distribute for sale in the state, a carpet, rug or a fabric treatment that contains intentionally added PFAS.
• - Beginning 1 January 2030, the same restrictions shall be extended to any product that contains intentionally added PFAS.

The CPSC issued two notices of proposed rulemaking (NPR) on 7 January 2022 for window coverings.

The purpose of the proposed rules is to address the risk of strangulation of children eight years old and younger associated with hazardous operating cords on custom window coverings.

One proposed rule would require operating cords on custom window coverings to meet identical requirement for operating cords on stock window coverings, as set forth in section 4.3.1 of ANSI/WCMA A100.1-2018, American National Standard for Safety of Corded Window Covering Products (ANSI/WCMA-2018). The ANSI standard requires stock window coverings to have:

1. No operating cords (cordless) (section 4.3.1.1);
2. Inaccessible operating cords (section 4.3.1.3); or
3. Operating cords shorter than 8 inches in any use position (section 4.3.1.2)

The other proposed rule is to deem window coverings with the following characteristics to contain a "substantial product hazard" (SPH), as defined in section 15(a)(2) of the Consumer Product Safety Act (CPSA):

1. The presence of hazardous operating cords on stock window coverings;
2. The presence of hazardous inner cords on stock and custom window coverings; or
3. The absence of a required manufacturer label

The New York State assembly bill (Assembly Bill A9223) states a jewelry product that includes a small magnet and is marketed as a product designed to mimic a tongue, lip, or nose piercing is not allowed to be sold. Other consumer novelty products containing a small magnet must be labelled or tag-affixed with the below warning statement (or equivalent text.) This text must be distinctly visible to the consumer and printed in a clear and conspicuous type.

"WARNING. This product contains (a) small magnets. Swallowed magnets can stick together across intestines causing serious infections and death. Seek immediate medical attention if magnet(s) are swallowed or inhaled."

This requirement shall not apply to products that are required to comply with the magnet safety and labelling requirements of ASTM F963.

This act would take effect 120 days after being signed into law.

* Other Hazards include Drowning Hazard, Tip-Over Hazard, Laceration Hazard and Electric Shock Hazard with a frequency of less than 2.

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*Other Hazards include Aspiration Hazard, Injury Hazard, Strangulation Hazard, Fall Hazard and Laceration Hazard with a frequency of less than 2.

*Other Categories include Home Electrical Appliances, Tools and Hardware, Medical Devices, Food Contact Material, Toys and Childcare Products and Protective Equipment with a frequency of less than 2.

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Portaria No. 6, approved by the Brazilian Institute of Metrology, Standardization and Industrial Quality (INMETRO), outlines the requirements for the conformity assessment and the specifications for the seal of conformity identification for the sound power of the following domestic household and commercial appliances:

1. vacuum cleaner;
2. blender;
3. hair dryer; and
4. other devices that function in the same way.

These Regulations entered into force on 1 February 2022.

The validity period of the CoC (Certificate of Conformity) is 12 months from the date of its being granted. The certification process must be carried out by an OCP, an approved certification body established in Brazil and accredited by Inmetro.

The criteria for authorizing the use of the Conformity Identification shall follow the requirements established in Portaria No. 200/2021 and Annex II.

CONFORMITY IDENTIFICATION SEAL

1. The conformity identification seal, in the form of a noise stamp, must be attached to the equipment by means of adhesive or to its packaging by means of adhesive or printing and is specified below.
2. The minimum size, color and type of source characteristics of the conformity identification stamp, the noise stamp, are listed in Figure 1.

On 23 February 2022, the European Chemicals Agency (ECHA) published the news on REACH Annex XV restriction dossier about the use of PFASs in firefighting foams that are not adequately controlled, based on the risks posed to human health and the environment. A restriction is the most appropriate means to address these chemicals and the "whole PFAS class restriction" will prevent "regrettable substitution" in the future.

ECHA has reviewed the strengths and weakness of five different options, including the overall ban, to manage the associated risks of PFASs in firefighting foam. The blanket restriction (ban), with use or sector-specific transition periods included, has been picked as the "final" option as it is the most effective in targeting the identified risks and is the most pragmatic option as it relates to enforcement and monitoring.

In this proposed restriction, the concentration of total PFASs in firefighting foams cannot exceed 1 ppm. There is a transition period included for the industry so that enough time is allowed for replacing PFAS-containing foams without compromising fire safety. A six-month period beginning on 23 March 2022 is planned and will be open for the public to give evidence-based comments on the proposal. By early 2023, the European Commission will prepare a draft regulation considering ECHA's proposal and the combined opinions of the scientific committees.

It should be noted that several European countries are also beginning the development of a restriction proposal intended to cover PFASs in uses other than firefighting foams. This proposal is targeted for submittal to ECHA in January 2023.

On 3 February 2022, the World Trade Organization (WTO) announced a draft Decree from France's Ministry for Ecological Transition (Ministère de la Transition écologique), under WTO document no. 22-0881, on the intention to regulate two categories of mineral oils and addressed requirements related to Article 112 of Decree No. 2020-105 “Fight Against Waste and the Circular Economy”. The detailed content of Article 112 is shown in table 1.

Table 1. Scope of the ban on use of mineral oil and corresponding effective date under Article 112 of Decree No. 2020-105

The draft Decree contains several important provisions as listed below:

• - Changes the date of entry into force of Article 112 of Decree No. 2020-105 to 1 January 2023 onwards
• - Defines mineral oils as "oils produced from feedstocks derived from petroleum hydrocarbons used in the manufacturing of inks"
• - Provides definition of mineral oils covered by the ban as: mineral oil aromatic hydrocarbons (MOAH) consisting of 1-7 aromatic cycles and mineral oil saturated hydrocarbons (MOSH) consisting of 16-35 carbon atoms
• - Specifies requirements for MOAH and MOSH in ink:
  • ≤ 0.1% MOAH (≤ 1 ppb MOAH compounds consisting of 3 to 7 aromatic cycles from 1 January 2025)
  • ≤ 1% MOSH (≤  0.1% MOSH from 1 January 2025)

There are two transitional periods:

• - Packaging and printed matter of paper manufactured or imported before 1 January 2023, are required to be disposed of by 31 December 2023
• - Compliant packaging and printed paper manufactured or imported before each of the deadlines in the aforementioned point 4 are required to be disposed of within 12 months from those deadlines

According to the WTO document, the proposed date of adoption and the proposed date of draft Decree entry into force will be on 30 June 2022 and 1 January 2023, respectively.

As stated in Italy's Legislative Decree no. 3 of issue no. 116/2020, "all packaging shall be appropriately labelled in accordance with the procedures established in the applicable UNI technical standards and in compliance with the decisions adopted by the European Commission, in order to facilitate the collection, reuse, recovery and recycling of the packaging, and to provide consumers with proper information on the final destination of packaging." UNI stands for Italian National Standards Institute.

The following includes wording suggested by CONAI, the National Packaging Consortium, although the legislation does not dictate precise required verbiage.

Environmental Labelling of SINGLE-COMPONENT packaging destined for the end consumer; the following information should be given:

1. The packaging material's identification code under Decision 129/97/EC.
2. Collection guidelines. It is advisable:
   • To specify the wording "Collection (main material family by weight)" or
   • To indicate the main material family by weight, accompanied by the wording "Separate collection", and invite the consumer to check the provisions of his or her Municipality.
3. Other information that may be voluntarily added to environmental labels as it relates to the type of packaging and as it offers instructions that will guide the consumer towards efficiently being able to separate waste collection.

Environmental Labelling of MULTI-COMPONENT packaging destined for the end consumer; the following information should be given:

1. Type of packaging (full written description or graphic representation) of the various components that can be separated by hand.
2. Identification code of the packaging material of each component that can be separated by hand under Decision 129/97/EC.
3. Collection guidelines, clearly specifying the material family of each component.
4. Voluntary information to help the consumer separate waste efficiently.

Environmental labelling of packaging destined for professionals, or transport packaging, or packaging related to logistics or exhibition activities must bear:

• Code of the composition materials in accordance with Decision 129/97/EC (all other information remains as voluntary.)

The effective date of the previously mentioned environmental labelling is 30 June 2022.

*Other Hazards include Drowning Hazard, Entrapment Hazard, Damage to Sight, Suffocation Hazard, Microbiological Hazard, Damage to Hearing and Cut Hazard with a frequency of less than 6.

*Other Categories include Household Items, Food Contact Material, Computer / Audio / Video / Other Electronics & Accessories, Footwear, Home Electrical Appliances, Jewelry and Furniture with a frequency of less than 4.

*Other Countries include Spain, Italy, Austria, Bulgaria, Malta, Norway, Iceland, Croatia, Denmark and Czechia with a frequency of less than 4.

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The New Zealand Unsafe Goods (Inclined Infant Sleep Products) Indefinite Prohibition Notice 2022 recognizes and responds to the risks posed to infants in New Zealand by banning the further supply of new or second-hand inclined infant sleep products. It also recognizes that inclined infant sleep products do not align with internationally recognized guidelines for a safe infant sleep environment, which recommend a firm and flat sleep surface.

In this notice, as listed in the interpretation, unless the context requires otherwise:
Infant means a child under one year of age;
Inclined infant sleep product means any product:

1. Which is intended to contain an infant; and
2. Which is designed, intended, marketed, or contains any representation that it is suitable for an infant to sleep in; and
3. Which is freestanding, or designed to be attached to another structure; and
4. Which has a sleep surface angled more than seven degrees from horizontal when
   1. The product is unladed; and
   2. At any angle designed, intended, or marketed for sleep; and
   3. The product is at rest, in the case of products that rock or swing; and
5. Excluding medical devices; and
6. Excluding hammocks, being products constructed from a flexible material and suspended from above or either side.

As stated in the application section, this notice does not apply to:

1. Child restraints such as car seats or capsules, being products designed for the transport of children and that comply with the Land Transport (Road User) Rule 2004;
2. Wheeled products designed to transport children, such as prams or strollers;
3. Products that are designed to carry an infant on the body of another person, such as slings and baby carriers;
4. Products with an adjustable incline, where every angle designed, intended, or marketed for sleep is equal to or less than seven degrees from the horizontal;
5. Products that are:
   1. Designed, intended, and marketed only for play and/or the amusement of infants and young children, such as bouncers and play seats; and
   2. Not designed, intended, marketed, or containing any representation that they are suitable for sleep.

The effective date of this notice was 9 February 2022.

*Other Hazards include Fall Hazard, Microbiological Hazard and Entrapment Hazard with a frequency of less than 2.

*Other Categories include Food Contact Material, Car Components, Outdoor Living Items, Pharmacy, Computer / Audio / Video / Other Electronics & Accessories and Furniture with a frequency of less than 2.

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On 20 August 2021, the China State Administration for Market Regulation (Standardization Administration) published the Stainless Steel Vacuum Container Standard GB/T 40355-2021.

Highlights of standard GB/T 40355-2021:

• - Standard is a voluntary standard.
• - Standard applies to food contact stainless steel vacuum containers for daily use.
• - Standard categorizes the stainless steel vacuum container products based on function, usage and types of sealing and outlines requirements for stainless steel vacuum container by categories.
• - The requirements include stainless steel material type, stability, deviation of capacity, efficiency of insulation, impact resistance, appearance, etc.
• - Identifies that all food contact components of stainless steel vacuum containers shall comply with related mandatory food contact materials regulations.
• - Includes marking, labeling and product instruction.

This standard came into effect on 01 March 2022.

Per No. 44 notice in 2021 of MIIT (Ministry of Industry and Information Technology of the People's Republic of China), there were a total of 87 standards abolished, 360 standards updated, and 1287 standards continuing to be in effect. The notice covered nine industries including textiles, in the batch review of industry standards.

Among these previously mentioned changes, was standard FZ/T 81014-2008 for infant's wear which has been abolished since the notice publication day of 26 January 2022. The scope of this standard included, but was not limited to, the terms and definitions of woven infant clothing, requirements, test methods, inspection classification rules, and signs, packaging, transport, and storage.

Currently, national standard GB/T 33271-2016 for infant's woven garments is in effect and is to be followed in place of FZ/T 81014-2008.

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