June 2022 Regulatory Update

Public law no. 117-126, Safe Sleep for Babies Act of 2021, was enacted to ban inclined sleepers for infants and crib bumpers, regardless of the date of manufacture. These products will be considered a banned hazardous product under section 8 of the Consumer Product Safety Act, as they have been determined to be consumer products which present an unreasonable risk of injury and whereby no feasible consumer product safety standard under this chapter would adequately protect the public from the unreasonable risk of injury associated with these products.

Inclined Sleeper for infant means a product with an inclined sleep surface greater than ten degrees that is intended, marketed, or designed to provide sleeping accommodations for an infant up to 1 year old.

Crib Bumper

• means any material that is intended to cover the sides of a crib to prevent injury to any crib occupant from impacts against the side of a crib or to prevent partial or complete access to any openings in the sides of a crib to prevent a crib occupant from getting any part of the body entrapped in any opening;
• includes a padded crib bumper, a supported and unsupported vinyl bumper guard, and vertical crib slat covers; and
• does not include a non-padded mesh crib liner.

On 21 April 2022, Maryland’s Governor signed bill HB 275 (SB 273) –Environment – PFAS Chemicals – Prohibitions and Requirements (George “Walter” Taylor Act) into law which regulates several consumer products containing perfluoroalkyl and polyfluoroalkyl substances (PFAS).

“PFAS chemicals” are defined by the bill as a class of fluorinated organic chemicals that contain at least one fully fluorinated carbon atom, including perfluoroalkyl and polyfluoroalkyl substances and are used in fire-fighting agents, fire-fighting equipment, food packaging, and rugs and carpets.

The new law prohibits:

• The manufacturing, selling, or distributing of certain rugs or carpets in Maryland on or after 1 January 2024 (second-hand rugs and carpets are exempted).
• A manufacturer or distributor from manufacturing, selling, or distributing certain food packaging intended for direct food contact in Maryland on or after 1 January 2024.
• The use, manufacture, or knowing sale or distribution of Class B fire-fighting foam that contains intentionally added PFAS chemicals in Maryland on or after 1 January 2024.

The law also requires that sellers of personal protective equipment (PPE) for firefighters which contain PFAS must provide a written notice to purchasers at the point of sale, indicating that the PPE contains PFAS and the reason why the PPE contains PFAS chemicals. Both the seller and the purchaser of the PPE that contains PFAS must retain the notice for at least three years after the date of sale. For food packaging, rugs and carpets, manufacturers must provide a certificate of compliance (CoC) to demonstrate compliance within 30-days of request by the department.

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On 14 May 2022, a proposed Prohibition of Certain Toxic Substances Regulations, 2022 was published in the Canada Gazette, Part l to repeal and replace the nation’s Prohibition of Certain Toxic Substances Regulations, 2012. A 75-day public comment period is open until 28 July 2022. Such regulation will help to improve environmental quality and control the release of toxic substances into the environment over time. The new law would enter into force six months after publication in the Canada Gazette, Part II.

The proposed regulation will further restrict the manufacture, use, sale, and import of the following substances, and products containing them, by removing certain exemptions or limiting the activities:

• Perfluorooctane sulfonate, its salts and its precursors (PFOS)
• Perfluorooctanic acid, its salts and its precursors (PFOA)
• Long-chain perfluorocarboxylic acids, their salts and their precursors (LC-PFCAs)
• Hexabromocyclododecane (HBCDD)
• Polybrominated diphenyl ethers (PBDEs)

There are two new substances, Decane Plus (DP) and Decabromodiphenylethane (DBDPE), proposed for the prohibition in all products, with several exemptions. The legal text would be further simplified to consolidate all substance-specific exemptions into one schedule.

The proposed legislation would define the concentration thresholds for these substances. If the substance is present at or below the limit value, it is considered an incidental presence. Hence, the prohibition would not be applicable. The details of the threshold limits are shown in below table.

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This Ordinance will enter into force on 2 May 2022, as determined by Article 4 of Decree No. 10.139, of 2019 which provides for “the review and consolidation of normative acts inferior to the decree issued by bodies and entities of the direct federal, autarchic and foundational public administration.”

Updates:

1. For all products except compressors, the complete type tests must be carried out, reports from foreign labs can’t be accepted (6.1.1.4.1.2)
2. Quality Management System verification is added for the Initial Assessment based on the requirements of ISO 9001:2015 or ABNT NBR ISO 9001:2015 (6.1.1.3.2)
3. The general requirement standard for Household and Similar Electrical Appliances is updated to IEC 60335-1: 2016 (Ed. 5.2), and the particular requirement for Household and Similar Electrical Appliances IEC 60335-2 series with editions were introduced (3.1 and 3.2)
4. Extended product scope in table 1 of Annex III, the relevant standard refers to clause 3.1
5. The certification of conformity is valid for 6 years, replacing the previous 3 years (6.1.1.6.1)
6. If the dimensions of the appliance do not allow the application of the complete Conformity Identification Seat, the compact Conformity Identification (11 mm) can be affixed. (ANNEX II)
   

Deadlines and transitional provisions:

1. The general requirement standards for Household and Similar Electrical Appliances ABNT NBR NM 60335-1:2010 and IEC 60335-1:2006 (Ed. 4.2) can be used until 31 December 2024 (3.2)
2. The certificates already issued are still valid; they should only be revised in the next assessment stage according to Ordinance No. 148 (Art 10)
3. For certifications issued based on Ordinance No. 371, the next certification of conformity must be valid for 6 years (Art 11)
4. For products certified before 2 May 2022, the Conformity Identification Seal must be affixed to the product before 2 May 2027 (Art 12)
5. For products certified before 2 May 2022, Conformity Identification Seal must be affixed to the package before 2 May 2025 (Art 13)

As outlined in the consultation paper addressing a Mandatory Standard for Toppling Furniture, freestanding storage furniture such as chests of drawers, cupboards, wardrobes, storage units, bookshelves, and entertainment units, pose the greatest risk of toppling over resulting in injury or death. The risk of tip over events is most likely to occur when children attempt to climb furniture, as the weight of a child standing on an open drawer or shelf shifts the center of gravity forward.

The proposed regulatory options in this Consultation Paper published by the Australia Competition and Consumer Commission (ACCC) will apply to storage furniture such as chests of drawers, cabinets and wardrobes, with a height greater than 50mm, and bookshelves and bookcases with a height greater than 600mm. No minimum height has been set for entertainment units because there is a greater need for stability and anchoring when televisions are placed on top of them.

As directly specified in the Consultation Paper, the ACCC was seeking feedback on the following options, including the likely effectiveness and cost of each:

1. Status quo, no change
2. A mandatory safety standard that sets out warning labeling and safety information requirements and requires the provision of an anchoring device
3. An information standard that sets out warning labeling and safety information requirements to be provided with the product and at the point of sale online and in-store
4. A mandatory safety standard that sets out warning labeling, safety information and stability requirements, and the provision of an anchoring device; or
5. A mandatory safety standard and a mandatory information standard. This would take the form of either;
1. A combination of options 2 and 3, or
2. A combination of options 3 and 4.

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In April 2022, the International Organization for Standardization (ISO) published ISO 4531:2022 for testing food contact enamelled articles. This standard specifies a simulating method of testing for determination of, as well as the limits of, the release of metal-ions from enamelled articles, including tanks and vessels which are intended to be used for the preparation, cooking, serving, and storage of food.

The new standard is effective immediately. In comparison to the 2018 version, it has several important updates including the below:

• The migration limit of aluminum has been strengthened to 5-fold value. The new limit was developed from Regulation (EU) 2016/1416 amending and correcting Regulation (EU) 10/2011 on food contact plastics
• Three consecutive release tests must be performed on the same day, using the same sample, with a fresh test solution
• Any relevant information related to measurement uncertainty and any deviation from testing procedures must be included in test reports

The migration limits of sixteen heavy metals are summarized in the below table.

*Other Hazards include Damage to Sight, Fall Hazard, Drowning Hazard, Suffocation Hazard and Damage to Hearing with a frequency of less than 4.

*Other Categories include Footwear, Outdoor Living Items, Machinery, Tools and Hardware, Accessories, Car Components and Furniture with a frequency of less than 3.

*Other Countries include Belgium, France, Sweden, The Netherlands, Estonia, Iceland, Greece, Croatia and Latvia with a frequency of less than 5.

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Product standard QB/T 4331-2021 is applicable to athletic shoes for infants and children aged ≤14 years old.

The main technical changes (relative to the requirements and/or test methods) in comparison to the previous edition, QB/T 4331-2012, are identified below.

Revisions include, but are not limited to, those for:

1. Appearance quality
   Overall appearance requirement removed
2. Peeling strength of upper-sole or sidewall-upper
   Exemption scope expanded
   Requirement for the width of cutting edge during testing added
3. Abrasion resistance of outsole
   Pretreatment of foamed materials added
4. Outsole hardness
   Measurement details of different kinds of outsole materials during testing added
5. Outsole and midsole adhesion strength
   Exemption scope added
6. Fatigue resistance performance of touch and close fasteners
   No. of repeated opening and closing test cycles during testing reduced
7. Safety performance
   Requirement and test method removed

Requirements remaining unchanged (no revisions):

1. Flexing resistance of whole shoe
2. Colorfastness to rubbing of lining and insock

Important notes:

1. Updated standard QB/T 4331-2021 has been in effect since 1 April 2022 for products manufactured after this date
2. For safety performance, children’s products shall comply with the Safety Technical Specifications for Children’s Footwear in the GB 30585 standard
For More Information About This Story:
Contact: Elaine Tam (Technical Consultant - Textile & Footwear)
Phone: (852) 3185 8000
Email: regulatoryupdates@qima.com

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