May 2020 Regulatory Update

ASTM F2907-19, Standard Consumer Safety Specification for Sling Carriers, is intended to minimize the risk of injury to an occupant from the normal use and reasonably foreseeable misuse of products. The standard was codified in the Commission’s regulations at 16 CFR part 1228. This rule is incorporating ASTM F2907-19 as the mandatory standard.

ASTM F2907-19 includes revised requirements for test methods, labeling, and instructional literature. Below are the major changes to the revised standard:

1. The use of sling carriers for two occupants (rather than one)
   

   ASTM F2907-19 modifies the scope, testing, labeling, and instructional literature requirements to address slings designed to contain up to two occupants.

   • In section 1.3, the scope covers sling carriers designed to contain up to two occupants;
   • Section 6.2 requires each restraint system to be tested, accounting for the possibility of more than one restraint system;
   • Section 7.1.5 requires two-occupant slings to be tested with weight in both support areas concurrently;
   • In addition to the dynamic load requirements for single-occupant products in section 7.2.2, there are dynamic load requirements for two-occupant products in section 7.2.3;
   • In addition to the occupant-retention test requirements for single-occupant products in section 7.5.2, there are occupant-retention test requirements for two-occupant products in section 7.5.3;
   • Section 8.1.4 requires labels to state the recommended child weight for each support area, accounting for the possibility of more than one occupant;
   • Section 8.3.4 requires pictograms of improper and proper infant positioning to include one or two occupants, depending on the product design; and
   • The instructional literature requirements in section 9.3.9 retain the required language: "never place more than one baby in the sling carrier" for single-occupant sling carriers but provides a modified statement for two-occupant sling carriers.
2. Sling carriers that are marketed to carry more than the existing test weight of 35 pounds
   

   ASTM F2907-19 addresses this by requiring test weights to be the manufacturer’s recommended maximum occupant weight or 35 pounds, whichever is greater.

   • In section 1.3, the scope notes that, although the typical maximum weight of an occupant is 35 pounds, manufacturers may provide a higher weight limit;
   • For the dynamic load test, the test mass/weight in section 7.2.2 is the greater of 35 pounds, or the manufacturer’s recommended maximum weight; and
   • For the occupant-retention test, the test mass stated in section 7.5.1.3 is the greater of 35 pounds or the manufacturer’s recommended maximum weight.
3. Several revisions to clarify existing requirements, and editorial revisions that do not alter the substantive requirements or affect safety.

CPSC considers the changes as an improvement to safety for sling carriers designed for two occupants as consumers sometimes use sling carriers for two occupants.

The Safe Use Determination (SUD) for exposure to bisphenol A (BPA) is for PC prescription glasses and sunglasses, over-the-counter (OTC) reading glasses, non-prescription sunglasses, and safety glasses. The statement is for the parts of the glasses that do not exceed a defined acetonitrile extractable BPA level (as determined by LC/MS/MS). For details, please see below table.

The dermal exposure to BPA for these components to users is 0.53 µg/day, which falls below the "Maximum Allowable Dose Level (MADL)” for BPA (dermal exposure from solid materials) of 3 µg per day. Hence, a Proposition 65 warning is not required.

^Other Categories include Candles & Burning Items, Chemicals, Food Contact Material, Footwear, Home Electrical Appliances, Homeware (Non-food Contact), Kitchenware, Lighting Equipment, Personal Protective Equipment, Stationery and Tools and Hardware with a frequency of less than 9.

* Other Hazards include Aspiration Hazard, Chemical Hazard, Crash Hazard, Death Reports, Electric Shock Hazard, Entrapment Hazard, Impact Hazard, Ingestion Hazard, Laceration Hazard, Shock Hazard, Strangulation Hazard and Suffocation Hazard with a frequency of less than 12.

For a complete list click here.

CAN/CGSB-182.1 incorporates specific sections of the Industrial Fabrics Association International standard, CPAI-84, entitled A Specification for Flame-Resistant Materials Used in Camping Tentage. CPAI-84 was introduced in 1972 to address fire hazards posed by highly flammable tent materials, such as waxed or oiled cotton canvas, which were commonly used at the time. Most tents available in today’s consumer market are made of lighter, synthetic materials that exhibit significantly different flammability properties. A need was identified to update the flammability and labeling requirements for tents intended for consumer use to more appropriately address the current flammability risks.

CAN/CGSB-182.1 was developed to update flammability and labeling requirements for tents intended for consumer use, with the aim to minimize fire hazards and improve safety. The standard also reduces testing variability and allows for a greater degree of innovation of tents to meet consumer expectations.

Health Canada is currently working on a proposal to replace the existing requirements under the Tents Regulations SOR/2016-185 with the requirements in CAN/CGSB-182.1. At this time, compliance with CAN/CGSB-182.1 is voluntary.

The incident reports received by the CPSP includes the products noted below:

1. Consumer products
   

   A total of 2,343 consumer product incident reports were received in 2019. This is an average of around 195 reports received each month. There is a variation in numbers each month and that can be seasonal and influenced by social media attention. The reports for industry incidents on power saws, portable electric heaters, and air compressors caused the highest number of reports in March and October.

   1. Top 3 consumer products reported in 2019
      

      Product Type	Number of Reports from Consumers	Number of Reports from Industry	Total Number of Reports	Top Hazards Reported
      Toys*	64	119	183	Small part (27%), Toxicological risk (20%), sharp edge or point (15%)
      Electric ranges or ovens	50	91	141	Excessive heat/ overheating (36%), sharp edge or point (21%), fire safety (12%)
      Telephones or accessories	16	62	78	Excessive heat/ overheating (29%), fire safety (26%), smoke (21%)

      * Toys included baby walkers or jumpers; balloons; blocks, stacking toys or pull toys; building sets; dolls, plush toys and action figures; molding compounds; non-riding toy vehicles; powered riding vehicles; pretend electronics, tools, housewares and appliances; squeeze or squeaker toys; and teething rings.

   2. Top 3 consumer products reported that mentioned a death
      

      A total of 15 product types had an incident report that mentioned at least 1 death.

      Top 3 Product Type	Number of Reports from Consumers	Number of Reports from Industry	Total Number of Reports	Hazards Related
      Riding lawn mowers and garden tractors	0	7	7	Crushing hazard, crashing hazard, poisoning hazard, falling hazard
      Laundry soaps or detergents	0	2	2	Poisoning hazard/ ingestion hazard
      Toys	1	1	2	Choking hazard, crushing hazard

   3. Top 3 consumer products reported that mentioned a non-fatal injury
      

      A total of 794 incident reports mentioned a non-fatal injury in 2019.

      Top 3 Product Type	Number of Reports from Consumers	Number of Reports from Industry	Total Number of Reports
      Toys*	24	67	91
      Diapers	2	65	67
      Vaping devices	26	6	32

2. Cosmetics
   

   A total number of 161 cosmetic incident reports were received in 2019. Since there is no incident reporting requirement for industry from the Food and Drugs Act or the Cosmetics Regulations, all incident reports received are voluntary. 48% of them mentioned injuries and 86% of them were concerning toxicological hazards including the presence of bacteria, mold, toxins, or harmful chemical agents.

   1. Top 3 cosmetic products reported
      

      The top 3 products reported are the same as the top 3 products that mentioned an injury.

      Top 3 Product Type	Number of Reports from Consumers	Number of Reports from Industry	Total Number of Reports	Product Included
      Moisturizers	34	4	38	Facial moisturizers (including eyes) (50%), body moisturizers (47%), genital moisturizers (3%)
      Cleansers	22	3	25	Body cleansers (56%), face cleansers (including eyes) (40%), genital cleansers (4%)
      Makeup (non-permanent, incl. henna tattoo)	13	1	14	Face (43%), body (36%), eyes (14%), lips (7%)

      
      

      Product Type	Injury Type	Injury Severity
      		Minor	Moderate	Severe	Unknown	Total
      Moisturizers	Irritations or allergic reactions	5	6	5	0	16
      Cleansers		8	6	0	1	15
      Makeup (non-permanent, incl. henna tattoo)		2	4	0	0	6

According to the draft Commission Regulation and Annex attached to Notification G/TBT/N/EU/714, there are certain important proposed changes such as the following:

• Updating the referenced test methods (harmonized standard) for azocolorants (entry 43) in Appendix 10 of Annex XVII, to reflect technical progress;
• Deleting three entries - (entry 22 (PCP and its salts and esters); entry 67 ((Deca-BDE)) and Entry 68 (PFOA and its salts), as they have been or will be incorporated into Regulation 2019/2012 for persistent organic pollutants (POPs);
• Including CMR category 1A or 1B substances such as cobalt, two PAHs, one phthalate (DIHxP), etc. to entries 28 to 30 of Annex XVII to Regulation (EC) No 1907/2006 (REACH) to align with Regulation (EC) 1272/2008 on Classification, Labeling and Packaging of Substances and Mixtures (CLP Regulation);
• Including an exemption, from the aforementioned entries 28 to 30, for medical devices covered by Regulation (EU) 2017/745;
• Editorial changes to align the languages such as hazard statements with CLP regulation;
• Removed the CAS and EC numbers from entry 46 (Nonylphenol) of Annex XVII to cover all isomers.

According to the Japan positive list system (see Regulatory Update January 2019), only listed raw materials are allowed to be used in the manufacturing of plastic food contact materials. Substances that are not present in the positive list shall not migrate into food at a concentration exceeding 0.01 mg/kg in the event that these substances could accidentally come into contact with food.

After the implementation of the positive list in June, manufacturers are required to notify the MHLW of any new products that include non-listed substances or listed substances in a non-approved use. Manufacturers can achieve compliance, either by substituting unlisted substances with those on the positive list, or by submitting a proposal to add unlisted substances to the positive list.

A five-year transition period will allow plastic food contact materials that are placed on the market, manufactured, imported or used in business before June 1, 2020 to be consumed until stocks are exhausted.