June 2021 Regulatory Update

• This bill prohibits, with certain exceptions, a person, political subdivision, local government or state or local agency from discharging, using or releasing, or allowing its employees or independent contractors to discharge, use or release, Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) for testing or firefighting training purposes. The prohibition applies from 1 January 2022.
• This bill also prohibits, with certain exceptions, the knowing manufacture, sale, offering for sale, distribution for sale or distribution for use of a children’s product, upholstered residential furniture, residential textile, business textile or mattress containing any flame-retardant organohalogenated chemical in any product component in amounts greater than 1,000 ppm. The prohibition applies from 1 July 2022.

According to the definitions in the Act, ‘perfluoroalkyl and polyfluoroalkyl substances (PFAS)’, ‘children’s product’, ‘residential textile’ and ‘upholstered residential furniture’ have the following meaning:

‘Perfluoroalkyl and polyfluoroalkyl substances (PFAS)’ means a family of fluorinated organic chemicals with at least one fully fluorinated carbon atom

‘Children’s product’ means a product primarily designed or intended to be used by or for a child under 12 years of age, but does not include:

1. A tent or sleeping bag
2. Consumer electronic products and components or products complying with Directive 2002/95/EC of the European Union (currently Directive 2011/65/EU, RoHS Recast)
3. Devices within the meaning of the Federal Food, Drug and Cosmetic Act (21 U.S.C § 321 (h)
4. Food, beverage, dietary supplement, pharmaceutical or biological products
5. Outdoor sports equipment
6. Toys meeting the latest version of ASTM F963 ‘Standard Consumer Safety Specification for Toy Safety’

‘Residential textile’ means a textile designed for residential use as a covering on windows or walls

‘Upholstered residential furniture’ means furniture with padding, coverings and cushions intended and sold for use in a residence

The new federal safety rule incorporates the most recent voluntary standard developed by ASTM International (ASTM F3118-17a, Standard Consumer Safety Specification for Infant Inclined Sleep Products), with modifications to make the standard more stringent.

The modification includes:

• Modify the introduction and scope of the standard to state the purpose of the standard is to address all infant sleep products not already covered by traditional sleep product standards.
• Modify the definitions of accessory, compact, infant inclined sleep products, and newborn inclined sleep products to remove the term “inclined”.
• Modify seat back angle so the maximum allowable seat back angle must be equal to or less than 10° in all positions recommended for sleep.
• Add new requirement – infant sleep product must meet 16 CFR 1218 Safety Standard for Bassinets and Cradles.
• Remove all the performance requirements except for the above new or modified requirements.
• Remove all test methods except for maximum seat back angle.

The new standard requires infant sleep products that do not already meet the requirements of an existing CPSC sleep standard be tested to confirm that the angle of the sleep surface is 10 degrees or lower and that they comply with the safety standard for bassinets and cradles.

The new rule does not extend to items that are expressly not intended or marketed for infant sleep, such as swings and car seats.

After the rule becomes effective, the manufacturers and importers must certify that their products comply with applicable children’s product safety standards, and the certification must be based on testing by a third party.

In February 2021, ASTM revised ASTM F2613-19. The resulting standard, ASTM F2613-21, includes the following changes:

Substantive Change
ASTM F2613-21 makes one substantive change to the standard by updating the definition of stools in the standard to include ottomans. The Commission finds the substantive change made in ASTM F2613-21 to be an improvement to safety as it clarifies the standard’s scope to include ottomans, a product previously not clearly subject to the mandatory standard.

Non-Substantive Changes
Other changes to the standard were minor or editorial in nature as described.

• Clarification that infant /toddler rockers are not included within the scope of the standard, because infant/toddler rockers are subject to a different voluntary standard, ASTM F3084-20, Standard Consumer Safety Specification for Infant and Infant/Toddler Rockers.
• Removal of a previous version of a locking test method that is no longer referenced in ASTM F2613-21. The ASTM F2613-21 standard contains the current latching and locking test method that is similar to a previous version of a locking test method. Although removal of the previous version of the test method was included on an ASTM ballot, when ASTM published F2613-19, the previous locking test method was inadvertently retained in the test method section of the standard. There are no performance requirements associated with the previous locking testing method and the test method is not currently being used for testing products to the standard. Therefore, ASTM F2613-21 removed this unused test method.

The Commission finds that all of the non-substantive changes in ASTM F2613-21 are editorial in nature, and therefore, neutral regarding safety, and thus do not affect the safety of children’s folding chairs and stools.

Because children’s folding chairs and stools are children’s products, samples of these products must be tested by a third party conformity assessment body whose accreditation has been accepted by CPSC and certified as complying with all applicable CPSC requirement.

This new rule establishes the standard for flammability of upholstered furniture, as set forth by the Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation of the Department of consumer affairs of the State of California in technical Bulletin 117-2013, entitled “Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture,” published June 2013.

Each manufacturer of a product that is subject to the California standard shall include the statement “Complies with U.S. CPSC requirements for upholstered furniture flammability” on a permanent label located on the product which shall be considered to be a certification that product complies with the standard.

The standard does not apply to mattresses, foundations, bedding products and furniture that was intended exclusively for physical fitness or exercise purposes.

All upholstered furniture manufactured, imported, or reupholstered on or after 25 June 2021 must comply with the flammability test requirement (TB117-2013).

Compliance with the labeling requirement in § 1640.4 must begin by 25 June 2022, and applies to upholstered furniture manufactured, imported, or reupholstered on or after that date.

On 18 May 2021, the Vermont Governor signed S.20 into law that restricts the sale of certain consumer products contain PFAS and other toxic chemicals, in addition to amending the list of chemicals of high concern to children (CHCCs) for reporting in children’s products.

According to the Act No. 36 (S.20), PFAS (Perfluoroalkyl and polyfluoroalkyl substances) means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. The ‘the certain consumer products’ reference includes certain firefighting foams and equipment, food packaging, ski wax, kids’ products, rugs and carpets.

The law takes effect on 1 July 2021, with restrictions on certain products going into effect over the next several years.

Table 1. Highlights of the act.

The latest list of harmonised standards includes the below:

Note:
* The limit values set in Directive 2009/48/EC are the limit values to be complied with. N-nitrosamines is 0.05 mg/kg and N-nitrosatable substance is 1 mg/kg.

Aniline is added as the 12th substance in the Appendix C to Annex II to EU TSD. Other substances include preservatives, flame retardants, monomers, foaming agents, etc.

Below table summarizes the requirements for aniline in different situations.

*Other Hazards include Fire Hazard, Health Risk Hazard, Electric Shock Hazard, Drowning Hazard, Entrapment Hazard with a frequency of less than 4.

^Other Categories include Cosmetics, Food Contact Material, Chemical, Fabric / Textile / Garment / Home Textile with a frequency of less than 2.

For a complete list click here