May 2021 Regulatory Update

The European Committee for Standardization (CEN) published an amended version of the European Standard EN 71-3:2019+A1:2021, Safety of toys – Part 3: Migration of certain elements on April 14, 2021.

The amendments update the limits of allowable Aluminum. The updates are shown below:

1. Category I material: Aluminum migration limit updated from 5625 mg/kg to 2250 mg/kg.
2. Category II material: Aluminum migration limit updated from 1406 mg/kg to 560 mg/kg.
3. Category III material: Aluminum migration limit updated from 70000 mg/kg to 28130 mg/kg.

In April 2021, the EU published on its website: Titles and references of standards to be used as the test methods for demonstrating the conformity of articles under entry 27 of Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH).

The three harmonized standards are summarized below:

*Other Hazards include Burn Hazard, Cut Hazard, Damage to Hearing Hazard, Damage to Sight Hazard, Drowning Hazard, Entrapment Hazard, Environmental Hazard, Microbial Hazard, Strangulation Hazard and Suffocation Hazard with a frequency of less than 45.

^Other Categories include Cosmetics, Decorative Articles, Eyewear, Kitchen and Accessories, Furniture, Gadgets, Lighting Equipment, Hobby/Sporting Equipment, with a frequency of less than 17.

For a complete list click here

Health Canada is proposing the Regulations Amending Certain Regulations Made Under the Canada Consumer Product Safety Act (Surface Coating Materials) to address these issues by:

1. Amending the definition of surface coating material in ‘Regulation 1’ for better consistency with ASTM F963 ‘Standard Consumer Safety Specifications for Toy Safety’. The requirement of no more than 90 mg/kg total lead applies to a sticker, film or other similar material (such as a decal) that can be removed, or a surface coating material that is applied to an accessible part of the following products: Furniture, Products for Children, Pencils and Artist Brushes;
2. introducing a 90 mg/kg total lead limit in surface coating materials applied to furniture;
3. removing the restrictions on lead, mercury and certain other harmful elements in surface coating materials applied to parts of products that are inaccessible;
4. removing an outdated test method for certain harmful elements in applied surface coating materials: Deletes the outdated hydrochloric acid testing method (5% hydrochloric acid at 20 °C for 10 minutes) for the migration of antimony, arsenic, cadmium, selenium and barium;
5. requiring testing to be done in accordance with a method that conforms to good laboratory practices;
6. ensuring consistency between regulations.

A few “housekeeping” amendments are also proposed.

The Corded Window Covering Products Regulation (SOR/2016-172) requires the product to comply with product safety requirements, information and labeling requirements of the national standard.

The CWCR (SOR/2019-97) describes additional specifics on requirements for:

• Small parts
• Lead content
• Unreachable cords
• Reachable cords with one free end – length
• Loop created by a reachable cord – perimeter
• Two reachable cords
• Information and advertising
• Warnings

Proposed amendments to the CSR cover five types of requirements:

1. Mechanical
   Health Canada is proposing to address the mechanical hazards that emerged after 1985 by aligning Canadian requirements with international requirements, where appropriate. Health Canada proposes that alignment can be achieved by replacing the mechanical requirements of the CSR with one of the two following options:
1. By requiring compliance to the mechanical requirements from ASTM F833-19, incorporated by ambulatory reference; or
2. By requiring compliance with at least one of the following:
1. the mechanical requirements from ASTM F833-19, incorporated by ambulatory reference; or
2. the mechanical requirements from ISO 31110:2020, incorporated by ambulatory reference, and in addition, the entrapment requirements from ASTM F833-19 sections 6.8 and 6.10.
2. Surface coating materials
1. Health Canada is proposing to amend the CSR to remove the reference to the Toys Regulations, and make the requirements directly in the text of the amended CSR consistent with the following:
   A sticker, film or other similar material that can be removed, or a surface coating material, that is applied to an accessible part of a carriage or stroller must not contain, when it is tested in accordance with a method that conforms to good laboratory practices,
1. more than 90 mg/kg total lead;
2. any compound of antimony, arsenic, cadmium, selenium or barium if more than 1000 mg/kg of the compound migrates from the material; or
3. more than 10 mg/kg total mercury.
3. Toxicological hazards
   Health Canada is proposing to maintain these requirements by providing them directly within the text of the amended CSR.
4. Phthalates
   Health Canada is proposing to require that vinyl parts of a carriage or stroller comply with the Phthalates Regulations
5. Information and warnings
   Health Canada is proposing to remain flexible regarding the content of the information and warning requirements of the CSR to allow for potential alignment with ASTM F833-19 or ISO 31110:20. However, Health Canada will maintain the official language requirement for all information and warnings to be written in both English and French.

The revision is in direct reference to international standard ASTM F963.
The product is evaluated by performing the following test sections in sequence, as applicable:

1. Confirmation of Toy Age Classification
2. Warning Labels
3. Initial Small Components
4. Soaking of Magnetic Toys and Components
5. Cycling of Magnetic Connection
6. Drop Test
7. Tipover Test for Large, Bulky Toys
8. Torque Test for Removal of Components
9. Tension Test for Removal of Components
10. Impact Test
11. Compression Test
12. Magnetic Flux Index

The warning label is only applicable to kits intended for carrying out educational experiments involving both magnetism and electricity and intended for a child of at least 8 years of age.

The warning label should be present on the kit’s container and instructions using the following text or text that is similar: