April 2018 Regulatory Update

The judgment summary, No. C 17-06293 JSW, states that the EPA’s most recent year-long delay in implementation of formaldehyde emission standards exceeds its statutory authority under the Formaldehyde Standards in Composite Wood Products Act (15 U.S.C. §2697). Therefore, it is concluded that the rule is beyond the scope of the EPA’s authority and is not in accordance with the Formaldehyde Act. As a result, the Judge stayed the order vacating the rule, 82 FR 44533, until March 9, 2018, so the parties can address the timely and effective implementation of the compliance guidelines.

Based on the vacated ruling, the compliance dates will not be updated and remain as below:

The following key information is provided:

1. Details of reporting responsibility
2. Reporting information and details
3. Clarification on product categories and scope
4. Clarification on product components
5. Details of reporting ranges of chemicals
6. Summary of practical quantitation limits and recommended test methods
7. Clarification on reporting contaminants and due diligence that the DOE is following
8. List of chemical functions
9. Guideline on how to use the DOE’s CSPA Reporting Database

In the adopted regulation, the specific migration limit of BPA is updated from 0.6 mg/kg to 0.05 mg/kg (See Regulatory Recap: October 2017). Apart from the specific migration limit, the restriction and specification has been updated:

1. BPA is not allowed to be used for the manufacture of polycarbonate infant feeding bottles
2. No migration of BPA is permitted from the plastic materials and articles specifically intended to be brought into contact with food for infants and young children

The new limit will be effective on September 6, 2018.

In the standard, it specifies the requirement for:

• Separately sold accessories for, and components of activity toys
• Separately sold swing elements that are ready for use on or in combination with an activity toy
• Construction package for activity toys including components used to build activity toys according to a scheduled building instruction

Upon harmonisation to Toys Safety Directive 2009/48/EC, the standard will become mandatory.

In the policy statement, it is addressed that products containing or supplied with button batteries shall meet the following requirements:

1. Secure battery compartment: There should be two mechanisms for release and both of them must be activated to open the compartment.
2. Use and abuse test: Product should ensure that with expected everyday use, battery compartments cannot be accidentally opened, become insecure or result in the release of batteries. The test includes:
1. Torque and tension test
2. Drop test
3. Battery compartment lid pressure test
4. Robustness test on the mechanical fastener or compartment latch

Following standards are recommended as references for the battery compartments evaluation:

1. AS/NZS ISO 8124.1
2. ISO 8124.1
3. EN 71-1
4. ASTM F963
5. UL 4200A

The changes are summarised below:

The effective date of the enhanced requirements is March 31, 2018.

*Other Categories include Candles & Burning Items and Accessories, Children’s Product, Computer / Audio / Video / Other Electronics & Accessories, Consumer Chemical, Cosmetics / Bodycare, Footwear, General Use Products, Homeware (Non-food Contact), Lighting Equipment, Packaging Material and Toys and Childcare Articles with a frequency of less than 5.

After a tip received by MCI, the necessary investigation was carried out and the suspects were arrested and referred to the Public Prosecution in preparation for their referral to the judicial authorities to complete the legal procedures against them. This was done in cooperation and coordination with the joint security campaigns represented by the Riyadh police.

The products stored inside the site included moisturizing and skin whitening cream, aromatic oil and body care items. The machines used for mixing and manufacturing such items were all seized and confiscated, since they pose a danger to the safety of users.

MCI warns against buying from unknown accounts in social networking sites, and calls for purchasing from the electronic stores, or from the accounts and pages that have a C. R. Additionally, consumers should purchase from accounts that are registered and have a service certificate from "Ma’aroof" site, or from the well-known international sites, so as to ensure and preserve the consumers’ rights.

MCI also warns against selling or marketing counterfeit or fake goods through websites and social networking. Since such activity is considered a violation of the Anti-Commercial Fraud Law and Trademark System, which may lead to penalties of up to three years' imprisonment, fines of one million riyals, and deporting the illegal laborers to their countries and writing off the commercial activity.

For more details, please visit: https://mci.gov.sa/en/MediaCenter/News/Pages/01-02-18-01.aspx

2.75 million fake and counterfeit mobile phone accessories were seized at an illegal site in Riyadh. Shortly after, MCI inspection teams detected two illegal warehouses in Jeddah involved in producing counterfeit tobacco.

The inspection teams raided the two warehouses at the Al-Khomrah neighborhood in Jeddah. 21.5 tons raw tobacco, more than 3 tons JRAC ready-for-sale, 500 kg sawdust, 734,860 stickers bearing false trademarks and 50,400 packets of ready mix tobacco were seized.

MCI inspectors detected as well two cases of commercial cover up. Meanwhile, the two sites were shut down and the owners were summoned by the Ministry for taking the necessary legal procedures.

For more details, please visit: https://mci.gov.sa/en/MediaCenter/News/Pages/08-01-18-03.aspx

MCI inspectors succeeded in detecting a warehouse and basement used to store counterfeit and fake telecom items at a traditional house in the Aziziyah district south of Riyadh.

The inspection tours, carried out by MCI inspectors in a number of markets in Riyadh two months ago, led to the disclosure of the warehouse that had been supplying counterfeit telecom items to the shops.

The seizures included 2.75 million fake and forged telecom items, such as batteries, chargers and telephone headsets, as well as forged packages and stickers of famous trademarks, including “Apple” and “Samsung”, ready for distribution and marketing.

MCI inspectors, with the support and cooperation of the security forces, monitored illegal laborers involved in fixing fake and poor-quality chargers, batteries, headphones and plugs on the phones, and then they would re-pack such items in cartons bearing international brands, thus misleading the consumers by claiming that they are original.

All fake products were seized and the owner was summoned by the Ministry for further investigation and for taking the necessary legal procedures, in preparation for referring the case to the Public Prosecution.

Such commercial fraud is subject to a fine of one million Riyals or imprisonment for a period not exceeding two years or both.

For more details, please visit: https://mci.gov.sa/en/MediaCenter/News/Pages/08-01-18-02.aspx

The workshop was held on the February 28, 2018 at SASO HQ in Riyadh, Saudi Arabia.

New products expected to be added to the scope of SASO EER include small air conditioners, washing machines, dryers, water heaters and refrigerators.

QIMA attended this workshop and more details of the workshop will be released in our next newsletter.