April 2023 Regulatory Update

The Consumer Product Safety Commission (CPSC) published a final rule of 16 CFR 1220 Safety Standard for Non-Full-Size Baby Cribs by reference to ASTM F406-22, Standard Consumer Safety Specification for Non-Full-Size (NFS) Baby Cribs/Play Yards. ASTM F406-22 includes performance requirements, test methods, and requirements for warning labels and instructional literature to address hazards to infants associated with NFS cribs.

The updated standard includes substantive changes and editorial changes.

• Expanding the standard scope by revising the phrase “sleeping and playing accommodations” to “sleeping or playing accommodations, or both”
• Revising requirement of cord or strap length to apply to in-scope products in their entirety and not just to the attachments of accessories
• Adding maximum permissible perimeter length of a loop such that the standard small head probe cannot fit through the loop, thus preventing a strangulation hazard

• Adding multiple definitions for various types of NFS baby crib accessories
• Revising section 5.15 Entrapment in Accessories to clarify the types of accessories to which the requirements apply
• Moving the language from a note to a new requirement (section 5.16.1), that indicates a mattress is not required to be provided with a product if the product is designed exclusively for play and not for sleep and is intended to be used without a mattress
• Other editorial changes including:
• Section 8.26, replaces “play yard” and “non-full-size crib” with “product”
• Values given with a tolerance to include units for the nominal value
• Two-dimensional measurements to include units for all values

NFS (Non-full size) baby crib manufacturers should immediately review their product line to ensure their products imported to the US comply with the applicable requirements. 16 CFR 1220 will be effective on 3 June 2023.

In January 2023, the Canadian General Standards Board (CGSB) published the CAN/CGSB-4.2 No. 27.5-2023 (Flame Resistance – 45° angle test – One-second flame impingement) standard, which supersedes CAN/CGSB-4.2 No. 27.5-2008 and CAN/CGSB-4.2 No. 30.3-1994.

Key changes in the new version of standard CAN/CGSB-4.2 No. 27.5-2023 include, but are not limited to:

1. Specifying the laundering and dry cleaning procedures for removal of non-permanent flame-retardant treatments applied to textile products; no longer refers to CAN/CGSB-4.2 No. 30.3-1994
2. Defining “base burn”, “charred/charring” and “melting”, ADDED in Section 4
3. Outlining burning codes to describe results, ADDED in informative Annex B
4. Describing testing steps related to presence of flame retardants, ADDED in informative Annex C
5. Providing UPDATED figures
6. Washing and drying parameters, cooling times and criteria for testing additional specimens, UPDATED

Important note:

• Under Textile Flammability Regulations (SOR/2016-194), the flammability requirements for testing have not changed

*Other Hazards include Health Risk Hazard, Ingestion Hazard, Suffocation Hazard, Entrapment Hazard, Asphyxiation Hazard, Skin Irritation Risk, Eye Irritation Risk, Electric Shock Hazard, Crash Hazard and Chemical Hazard with a frequency of less than 2.

*Other Categories include Furniture, Food Contact Material, Footwear, Machinery and Protective Equipment with a frequency of less than 2.

For a complete list click here

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On 13 March 2023, Uruguay’s Ministry of Industry, Energy and Mining (Ministerio de Industria, Energía y Minería, MIEM) announced draft Resolution No. 06/22 on food contact silicone materials and articles. Stakeholders can comment on the draft regulation until 12 May 2023.

The new regulation includes total specific migration limits (TSML) for nine heavy metals including aluminum (Al), barium (Ba), cobalt (Co), copper (Cu), iron (Fe), lithium (Li) manganese (Mn), nickel (Ni) and zinc (Zn); limits primary aromatic amines (PAAs) to equal or smaller than 0.01 mg/kg; adds a standard for volatile organics and includes a positive list of substances allowed for use in silicone food contact materials. The positive list contains five parts, each part with its own specification for: (i) silicone oils (fluids) and their respective emulsions; (ii) silicone resins; (iii) elastomeric silicones (silicone rubber); (iv) additives, fillers and additives for fillers; and (v) monomers.

At the same time, a notification (G/TBT/N/URY/74) has been sent to the World Trade Organization for this impending change.

On 20 February 2023, New Zealand’s Environmental Protection Authority (EPA) launched a consultation on the proposal of restriction of perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds as the new persistent organic pollutants (POPs) in Schedule 2A of the Hazardous Substances and New Organisms Act 1996 (HSNO Act). Public comments were accepted until 5 April 2023. The changes will then be included in the HSNO Act by mid-November 2023.

According to the proposal, PFHxS, its salts and PFHxS-related compounds can no longer be imported into, manufactured in, or used in New Zealand after 16 November 2023.

PFHxS, its salts and PFHxS-related compounds are a sub-category of per- and polyfluoroalkyl substances (PFAS) and have been used in various types of products. These products include, but are not limited to:

• aqueous film-forming foams (AFFFs) for fire fighting,
• metal plating,
• textiles, leather, upholstery, paper and packaging materials providing water/oil repellent properties,
• polishing and cleaning/washing agents,
• coatings, impregnation/proofing (e.g., for protection from dampness and fungus),
• and in the manufacture of electronics and semiconductors.

In many applications, PFHxS has been used as a replacement for perfluorooctane sulfonic acid (PFOS).

*Other Hazards include Microbiological Hazard, Damage to Sight, Suffocation Hazard, Carbon Monoxide Poisoning Hazard, Health Risk Hazard, Drowning Hazard and Explosion Hazard with a frequency of less than 2.

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On 15 March 2023, the European Chemical Agency (ECHA) published the Regulatory Strategy for Flame Retardants, which identified aromatic brominated flame retardants as candidates for an EU-wide restriction under the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH). This would minimize the exposure of people and the environment to these persistent, potentially bioaccumulative and toxic substances. However, its review for a broader group restriction left several non-halogenated subgroups, including organophosphorus flame retardants, outside the scope of regulatory action.

According to ECHA, the restriction scope could cover all aromatic brominated flame retardants that are confirmed or will be confirmed to be persistent, bioaccumulative and toxic (PBT) or very persistent and very bioaccumulative (vPvB) through harmonized classification or identification as substances of very high concern (SVHCs).

A broad restriction appears to be the most appropriate regulatory strategy for flame retardants with aromatic amines. It aims to avoid regrettable substitution through grouping and gives companies more predictability through increased transparency of potential regulatory actions.

*Other Hazards include Suffocation Hazard, Microbiological Hazard, Damage to Hearing, Health Risk Hazard and Entrapment Hazard with a frequency of less than 4.

*Other Categories include Household Items, Food Contact Material, Tools and Hardware, Car Components, Sporting Goods / Equipment, Protective Equipment, Home Electrical Appliances and Footwear with a frequency of less than 4.

*Other Countries include Malta, Latvia, Norway, Luxembourg, Slovenia, Denmark, Lithuania, Finland, The Netherlands and Greece with a frequency of less than 4.

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In Saudi Arabia, Mandatory Standard SASO 2927:2019 was amended to SASO 2927:2019 /A2:2023: Energy efficiency functionality and labelling requirements for lighting products - Part 3: Street lighting and SASO 2663:2021 was amended to SASO 2663:2021/A1:2023: Minimum energy performance, labelling and testing requirements for low-capacity window type and single-split type air conditioners. Highlights are listed below:

1. SASO 2927:2019 is now SASO 2927:2019 /A2:2023: Energy efficiency functionality and labelling requirements for lighting products - Part 3: Street lighting.

In this amendment standard, LED requirements of Clause 10.2 were updated and “The colour temperature shall be between 3000 – 6000 K” requirement was removed.

SASO 2927:2019 /A2:2023 has been in force from 24 February 2023.

2. SASO 2663:2021 is now SASO 2663:2021/A1:2023: Minimum energy performance, labelling and testing requirements for low-capacity window type and single-split type air conditioners.

In this amendment standard, technical requirements of energy efficiency are indicated, including revisions of the declaration of the rated cooling capacity and heating capacity, acceptability criteria, market surveillance requirements, and others.

SASO 2663:2021/A1:2023 will be implemented beginning 24 August 2023.

*Other Hazards include Chemical Hazard, Entrapment Hazard, Risk of Difficulty Breathing, Microbiological Hazard, Risk of Death, Damage to Sight, Explosion Hazard and Burn Hazard with a frequency of less than 3.

*Other Categories include Bodycare / Cosmetics, Travel Items and Protective Equipment with a frequency of less than 3.

*Other Provinces include Shaanxi, Jiangsu, Henan and Hubei with a frequency of less than 2.

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