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June 2023 Regulatory Update

NORTH AMERICA NEWS

USA: The US Consumer Product Safety Commission (CPSC) Updates Final Rule of Safety Standard for Bedside Sleepers (16 CFR 1222)

On 6 February 2023, the CPSC was notified by ASTM that ASTM F2906 Standard Consumer Safety Specification for Bedside Sleepers was updated to the 2023 version.

The CPSC has issued a direct final rule to update the mandatory standard for bedside sleepers to incorporate by reference the new version, ASTM F2906-23, of the voluntary standard for bedside sleepers.

The rule will be effective on 5 August 2023.

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ASTM F2906, the standard for bedside sleepers, includes test methods, performance requirements and requirements for warning labels and instructional literature.

The ASTM F2906 standard was reapproved in 2019 and then was updated in 2022 and 2023.

Important revisions to the Standard through 2022 included the following:

-Section 5.6: Revised the height requirements for side rails adjacent to an adult bed in response to newer bedside sleeper styles which can convert from a bassinet into a bedside sleeper.

-Section 8.3.4 Revised the instructional literature information required to accompany bedside sleepers to the change in section 5.6.

Important revisions to the Standard through 2023 include the following:

-Section 5.6: Further revised the exemption of height requirement for fixed side rails as previous version could be interpreted as allowing a fixed lower rail side to be above the adult bed mattress posing a strangulation hazard if the infant's neck is caught on the exposed rail.

After being notified by ASTM that ASTM F2906 Standard Consumer Safety Specification for Bedside Sleepers was updated to the 2023 version, the CPSC issued a direct final rule for the mandatory standard for bedside sleepers which incorporated by reference ASTM F2906-23; this will become effective 5 August 2023.


USA: Consumer Products Safety Commission Has Issued a Direct Final Rule to Adopt the Department of Commerce’s Rule for the Marking of Toy, look-alike and Imitation Firearms to Create a New Part, 16 CFR 1272

On 11 May 2023, the Consumer Products Safety Commission published a direct final rule to create a new part, 16 CFR 1272 to the Code of Federal Regulations, “Marking of Toy, Look-Alike, and Imitation Firearms.” The new part 1272 adopts in substance the Department of Commerce regulation found in 15 CFR Part 272.

The rule is effective 26 June 2023.

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After the US President signed into law the Federal Energy Management Improvement Act Update, the authority for regulating the marking of toy, look-alike, and imitation firearms was transferred from the Department of Commerce to the Consumer Products Safety Commission (CPSC).

Newly created 16 CFR 1272, published on 11 May 2023 and effective 26 June 2023, applies to toy, look-alike, and imitation firearms having the appearance, shape, and/or configuration of a firearm and produced or manufactured and entered into commerce on or after 5 May 1989 and does not apply to:

(a) Non-firing collector replica antique firearms;

(b) Traditional B–B, paint-ball, or pellet-firing air guns that expel a projectile through the force of compressed air, compressed gas or mechanical spring action, or any combination thereof, as described in ASTM F589–85 Standard Consumer Safety Specification for Non-Powder Guns;

(c) Decorative, ornamental, and miniature objects having the appearance, shape and/or configuration of a firearm, including those intended to be displayed on a desk or worn on bracelets, necklaces, key chains, and so on, provided that the objects measure no more than thirty-eight (38) millimeters in height by seventy (70) millimeters in length, the length measurement excluding any gun stock length measurement.

The following markings are approved by the CPSC:

(a) A blaze orange (AMS STD 595A–17 color 12199) or orange color brighter than that specified by the AMS standard color number, solid plug permanently affixed to the muzzle end of the barrel as an integral part of the entire device and recessed no more than 6 millimeters from the muzzle end of the barrel.

(b) A blaze orange (AMS STD 595A–17 color 12199) or orange color brighter than that specified by the AMS standard color number, marking permanently affixed to the exterior surface of the barrel, covering the circumference of the barrel from the muzzle end for a depth of at least 6 millimeters.

(c) Construction of the device entirely of transparent or translucent materials which permits unmistakable observation of the device's complete contents.

(d) Coloration of the entire exterior surface of the device in white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple, either singly or as the predominant color in combination with other colors in any pattern.

(e) SAE AMS STD 595A–17, Colors Used in Government Procurement, approved 10 February 2017, is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a), Freedom of Information Act and 1 CFR Part 51, Incorporation by Reference.


USA: Oregon Bans Polystyrene Foam and PFAS in Food Packaging

The state of Oregon published a new law, SB 543, to ban polystyrene foam and prohibit perfluoroalkyl and polyfluoroalkyl substances (PFAS) in food packaging.

The new law takes effect on 1 January 2025.

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On 8 May 2022, Oregon's governor signed bill SB 543 into law to prohibit the sale or distribution of any foodware containers containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). In addition, the new law bans polystyrene foam containers and packaging peanuts.

Following are the highlights of the prohibition:

  Scope Requirement
PFAS Foodware containers (includes bowls, plates, cups, lids, clamshells or other containers, etc.) Prohibits the sale of foodware containers containing intentionally added PFAS
Polystyrene Foam Polystyrene foam containers Prohibits the sale or distribution of these products
Polystyrene foam packaging peanuts Prohibits the sale or distribution of these products
Polystyrene foam containers used by food vendors Prohibits the use of polystyrene foam containers in selling, offering for sale, serving or dispensing prepared food to a consumer

The new law takes effect on 1 January 2025.


USA: Minnesota Restricts PFAS and Heavy Metals in Certain Products

The State of Minnesota has enacted a law regulating perfluoroalkyl and polyfluoroalkyl substances (PFAS) and heavy metals in several types of products. The requirements relating to PFAS will be implemented in different stages, beginning 1 January 2025.

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On 24 March 2023, the Governor of Minnesota signed bill (HF 2310) into law (Minnesota Session Law, Chapter 60). The law sets the ban on perfluoroalkyl and polyfluoroalkyl substances (PFAS) and includes restrictions on lead and cadmium in various products.

The new law sets the PFAS ban in different implementation stages:

  • Starting 1 January 2025, intentionally added PFAS in specific products (e.g., carpets and rugs, juvenile products, etc.) will be prohibited.
  • On or before 1 January 2026, the manufacturer of products containing intentionally added PFAS will be required to submit a notification that includes product reporting requirements to the state’s Pollution Control Agency (PCA) commissioner. Such products will be prohibited from being sold, offered for sale or distributed if a manufacturer fails to disclose the required information and there may be a fee imposed.
  • Starting 1 January 2032, the other products containing intentionally added PFAS will be banned, unless the PCA commissioner has determined the use of PFAS is unavoidable.

In addition to PFAS, the law expands the scope of heavy metals (lead and cadmium) restrictions in certain products including toys, jewelry, clothing and footwear. At the same time, the new law repeals provisions in relation to “lead in jewelry” and “cadmium in children’s jewelry” falling under the 2022 Minnesota Statutes Section 325E.389 and 325E.3891, respectively.

The highlights of the new law are listed in the below table.


USA: Washington State Launched Toxic Free Cosmetic Act

The state of Washington launched a law to eliminate the use of toxic ingredients in cosmetics and personal care products. The restriction will take effect starting 1 January 2025.

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On 5 May 2023, the Governor of the state of Washington signed bill (HB 1047) concerning the use of toxic chemicals in cosmetics and personal care products into a law which is also known as the Toxic-Free Cosmetic Act. The law aims at eliminating the use of toxic and harmful chemicals in cosmetics and personal care products to protect both consumers and the environment. This law is the strongest state law in the country regulating toxic chemicals in health and beauty products to date.

As outlined in the Toxic-Free Cosmetic Act, beginning on 1 January 2025, no person may manufacture, knowingly sell, offer for sale, distribute for sale or distribute for use in the state, any cosmetic product that contains any of the following intentionally added chemicals or chemical classes:

  • Ortho-phthalates (esters of ortho-phthalic acid)
  • Perfluoroalkyl and polyfluoroalkyl substances (PFAS)
  • Formaldehyde (CAS no. 50-00-0) and chemicals determined by the department to release formaldehyde
  • Methylene glycol (CAS no. 463-57-0)
  • Mercury and mercury compounds (CAS no. 7439-97-6)
  • Triclosan (CAS no. 3380-34-5)
  • m-Phenylenediamine and its salts (CAS no. 108-45-2)
  • o-Phenylenediamine and its salts (CAS no. 95-54-5)

Additionally, the law prohibits intentionally added lead or lead compounds, as well as unintentionally added lead or lead compounds when present at 1 ppm or above. Such a limit level is 10-fold more stringent that the recommended limit set by the Food and Drug Administration (FDA) draft guidance of lead in cosmetic lip products and externally applied cosmetics.

It is interesting to note that the first ten formaldehyde-released chemicals identified by the Department of Ecology will not take effect until on or after 1 January 2026 and further formaldehyde-released chemicals may be identified and enforced on or after January 2027.

The in-state retailers may sell cosmetic products in existing stock as of the effective date until 1 January 2026.


United States (US) Recalls Summary (01 May 2023 to 31 May 2023)

In the US, when hazards are identified in consumer products, they will be recalled and published in the Consumer Product Safety Commission (CPSC) Recent Recalls on the CPSC website, which is updated daily. The US recalls from 01 May 2023 to 31 May 2023 are summarized below:

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Hazards Frequency
Laceration Hazard 5
Injury Hazard 4
Burn Hazard 4
Lead Poisoning Hazard 2
Impact Hazard 2
Fall Hazard 2
Fire Hazard 1
Poisoning Hazard 1

Product Categories Frequency
Sporting Goods / Equipment 3
Home Electrical Appliances 2
Toys and Childcare Products 2
Food Contact Material 2
Furniture 2
Household Items 2
Tools and Hardware 1
Electrical Appliances 1
Fabric / Textile / Garment / Home Textile 1
Protective Equipment 1
Accessories 1
Pharmacy 1

For a complete list click here


Canada Recalls Summary (01 May 2023 to 31 May 2023)

In Canada, when hazards are identified in consumer products, they will be recalled and published in the Recalls and Safety Alerts Database on the Health Canada website, which is updated daily. The Canada recalls from 01 May 2023 to 31 May 2023 are summarized below:

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Hazards Frequency
Injury Hazard 6
Microbiological Hazard 5
Risk of Allergy 4
Fire Hazard 3
Burn Hazard 3
Fall Hazard 2
Chemical Hazard 1
Entrapment Hazard 1
Choking Hazard 1
Strangulation Hazard 1
Laceration Hazard 1

Product Categories Frequency
Food 9
Household Items 4
Electrical Appliances 2
Furniture 2
Sporting Goods / Equipment 2
Jewelry 1
Home Electrical Appliances 1
Toys and Childcare Products 1
Tools and Hardware 1
Accessories 1

For a complete list click here


SOUTH AMERICA NEWS

Brazil: Brazil Published New Standard for Pigments in Food Contact Cellulosic Materials

On 22 May 2023, a new Resolution RDC No. 798, in relation to the standard for pigments in food contact cellulosic materials, was published by the Brazil Ministry of Health/National Health Surveillance Agency/Collegiate Board.

The new resolution will be effective on 22 November 2023.

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On 22 May 2023, a new Resolution RDC No. 798 was published by the Brazil Ministry of Health/National Health Surveillance Agency/Collegiate Board. As stated in RDC No. 798, this resolution amends Resolution - RDC No. 88, of 29 June 2016, which approves the technical regulation on cellulosic materials, packaging and equipment intended to come into contact with food and other measures.

In addition to the criteria whereby ‘Pigments and dyes cannot migrate when tested to BS EN 646 - Paper and board intended to come into contact with foodstuffs - Determination of color fastness of dyed paper and board’, which is required by RDC No. 88, the new resolution also requires product to comply with a Grade 5 grayscale when tested to BS EN646.

This resolution will be effective on 22 November 2023.


OCEANIA NEWS

Australia Recalls Summary (01 May 2023 to 31 May 2023)

In Australia, when hazards are identified in consumer products, they will be recalled and published in the Recalls and Safety Alerts Database on the Australian Competition & Consumer Commission website, which is updated daily. The Australia recalls from 01 May 2023 ­to 31 May 2023 are summarized below:

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Hazards Frequency
Risk of Death 17
Choking Hazard 16
Burn Hazard 10
Injury Hazard 9
Suffocation Hazard 6
Electric Shock Hazard 1
Laceration Hazard 1

Product Categories Frequency
Toys and Childcare Products 6
Electrical Appliances 4
Stationery 4
Fabric / Textile / Garment / Home Textile 2
Tools and Hardware 2
Furniture 1
Outdoor Living Items 1
Pet Items 1
Sporting Goods / Equipment 1
Home Electrical Appliances 1

For a complete list click here


EUROPE NEWS

UK: Notice of Publication 0083/23 of 31 May 2023 of References to Standards for Electrical Equipment Designed for Use Within Certain Voltage Limits in Support of the Electrical Equipment (Safety) Regulations 2016 (S.I. 2016/1101) was Issued by the Department for Business and Trade

As outlined in Notice of Publication 0083/23 of 31 May 2023 of References to Standards for Electrical Equipment Designed for Use Within Certain Voltage Limits in Support of the Electrical Equipment (Safety) Regulations 2016 (S.I. 2016/1101):

  • - The references to standards listed in Part 1 of Annex I of notice 0083/23 are amendments for Annex I of notice 0079/23;
  • - The references to standards listed in Part 1 of Annex II of notice 0083/23 are amendments for Annex II of notice 0079/23.
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Notice of Publication 0083/23 of 31 May 2023 of References to Standards for Electrical Equipment Designed for Use Within Certain Voltage Limits in Support of the Electrical Equipment (Safety) Regulations 2016 (S.I. 2016/1101) was Issued by the Department for Business and Trade.

  • (1) Part 1 of Annex I to this notice lists additional references to standards as an amendment for Annex 1 to notice 0079/23, such as EN 60598-2-11: 2013 + A1: 2022, EN 62423:2012 + A11:2021 + A12: 2022, EN 60335-2-30:2009 + A1:2020 + A11: 2012 + A12: 2020 + A13: 2022 + A2: 2022 + AC: 2010 + AC: 2014.

    Part 2 of Annex I to this notice sets out the complete list of references to standards in support to regulation 2A of S.I. 2016/1101.
    Annex I came into effect on 31 May 2023.

  • (2) Part 1 of Annex II to this notice lists additional standards which will be removed from publication from the date set out in the table, each of these standards will not be valid on or after the date set out in respect of it, such as EN 60598-2-11:2013, EN 62423:2012 + A11:2021, EN 60335-2-30:2009 + A1:2020 + A11: 2012 + A12: 2020 + AC: 2010 + AC: 2014.

    Part 2 of Annex II to this notice sets out the complete list of standards which will be removed from publication.

European Union Expands the Restriction for Lead in PVC under REACH Annex XVII

In May, the European Union (EU) published a regulation to amend the restriction of lead and its compounds falling under REACH Annex XVII entry 63. The latest amendment restricts lead to less than 0.1% in PVC polymer and copolymer in articles.

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On 29 May 2023, the European Union (EU) published Regulation (EU) 2023/293 on the Official Journal, to amend the restriction of lead and its compounds under entry 63 of Regulation (EC) No. 1907/2006 “Registration, Evaluation, Authorization and Restriction of Chemical” (REACH) Annex XVII expanding the material scope to polymers and copolymers of vinyl chloride (PVC). The latest amendment restricts lead to less than 0.1% in PVC.

The new restriction will take effect starting 29 November 2024 with exemptions for certain applications. Details of the restriction are listed in the below table.

Scope of restriction Those articles produced from polymers or copolymers of vinyl chloride (PVC)
Limit <0.1% by weight of PVC material
Exemption
  1. Articles covered under existing legislation are exempted:
    • - Articles covered by paragraph 1, in accordance with paragraph 2 to 5, and by paragraph 7 in accordance with paragraph 8 and 10 of entry 63 of REACH Annex XVII
    • - Food contact materials covered by Regulation (EC) 1934/2004
    • - Electrical and electronic equipment covered by Directive 2011/65/EU (RoHS Recast)
    • - Packaging and packaging waste covered by 94/62/EC
    • - Toys covered by Directive 2009/48/EC
  2. Allows PVC-silica separators in lead acid batteries until 28 May 2023
  3. Allows PVC articles containing recovered flexible PVC until 28 May 2025
  4. Allows certain PVC articles containing recovered rigid PVC until 28 May 2033, provided the recovered rigid PVC contain less than 1.5% lead. Such PVC articles containing recovered rigid PVC are profiles and sheets for:
    • specified applications in buildings and civil engineering works;
    • decks and terraces;
    • specified interior building applications and certain multi-layer pipes and fittings (clauses 18 a-f)
  5. Directs suppliers whose PVC articles contain recovered rigid PVC with 0.1% or more of lead to provide the statement “Contains ≥ 0.1% lead” on the article (noted, this statement may be placed on the article packaging if is not possible to place it on the article itself).
  6. Requires suppliers of PVC articles containing recovered rigid PVC to provide documentation to national enforcement authorities, if requested, to substantiate the claims on the recovered origin of the PVC in those articles.

Europe Recalls Summary (01 May 2023 to 31 May 2023)

In Europe, when hazards are identified in non-food consumer products, the products will be recalled and published in the Safety Gate system, which is updated weekly. The European recalls from 01 May 2023 to 31 May 2023 are summarized below:

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Hazards Frequency
Chemical Hazard 205
Injury Hazard 41
Strangulation Hazard 34
Electric Shock Hazard 33
Choking Hazard 18
Burn Hazard 12
Fire Hazard 6
Damage to Sight 6
Microbiological Hazard 4
Other Hazards* 7

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


Product Categories Frequency
Bodycare / Cosmetics 140
Toys and Childcare Products 51
Fabric / Textile / Garment / Home Textile 37
Electrical Appliances 36
Sporting Goods / Equipment 14
Outdoor Living Items 13
Home Electrical Appliances 11
Jewelry 11
Footwear 6
Protective Equipment 5
Other Categories* 13

*Other Categories include Chemicals, Computer / Audio / Video / Other Electronics & Accessories, Car Components, Furniture, Tools and Hardware, Machinery, Accessories, Construction Products and Stationery with a frequency of less than 5.


Notifying Country Frequency
Italy 135
Sweden 49
Romania 35
Czechia 20
Denmark 12
France 11
Germany 10
Poland 10
Ireland 8
Hungary 8
Finland 7
Cyprus 7
Other Countries* 25

*Other Countries include The Netherlands, Lithuania, Malta, Slovakia, Austria, Greece, Belgium, Croatia, Estonia, Latvia and Luxembourg with a frequency of less than 6.


For a complete list click here


ASIA NEWS

China: New Product Standard FZ/T 08002-2022 Released

A new industry standard for Textile Products for Newborns (FZ/T 08002-2022) has been issued by the Chinese Ministry of Industry and Information Technology has issued). It was included in China’s No. 10 announcement of approved industry standards in 2022. The effective date was 1 October 2022.

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The Chinese Ministry of Industry and Information Technology issued a new industry standard for Textile Products for Newborns (FZ/T 08002-2022). This standard is applicable to textile products for newborns aged from birth to 28 days, including clothing, hosiery (foot covers), caps, bellybands, gloves, towels, swaddle wraps (quilts), sleeping bags, bedding, etc.

Requirements: Products must comply with the labeling requirements and the technical requirements stated in this standard, which include, but are not limited to:

  • Fiber content
  • Chemical requirements (Formaldehyde, Azo dyes, Total Lead (Pb) and Cadmium (Cd) Content, Phthalates, Extractable heavy metals content)
  • pH value
  • Odor
  • Flammability
  • Cords & Drawstrings
  • Sharpness & attachment strength of attached components
  • Absorption
  • Fiber shedding
  • Colorfastness (to water, to perspiration, to washing, to saliva, to rubbing, to urine, to breast milk)
  • Seam strength
  • Strap pulling strength
  • Appearance quality
  • Remains of broken sewing needle
  • Filling materials (Wadding): GB 31701 Infant and Children’s Textile Products category A and GB 18383 General Technical Requirements for Products with Filling Materials

Important notes:

  • Soft and light color shade cotton material should be used for direct skin contact textile products of newborns
  • Brushed/peached finishes on fabric should not be used for newborn clothing
  • Fabric with coating, pigment dyed/printing, functional finishing such as antibacterial, flame-retardant shall not be used for newborn textile products
  • Down filling materials shall not be used for newborn textile products

This new industry standard was included in China’s No. 10 announcement of approved industry standards in 2022. The effective date was 1 October 2022.


China: New Product Standard GB/T 41902-2022 Released

The Standardization Administration of China has issued a national standard of Nursing Garments (GB/T 41902-2022).  It was included in China’s No. 13 announcement of approved national standards in 2022.  The effective date was 1 May 2023.

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The Standardization Administration of China has issued a national standard of Nursing Garments (GB/T 41902-2022). This standard is applicable to nursing clothes, breastfeeding clothes, breastfeeding covers, breastfeeding shawls and other accessories.

Requirements: Products must comply with the labeling requirements and the technical requirements stated in this standard, which include, but are not limited to:

  • Fiber content
  • Chemical requirements (Formaldehyde, Azo dyes, Total Lead (Pb) and Cadmium (Cd) Content, Phthalates, Extractable heavy metals content)
  • pH value
  • Odor
  • Remains of broken sewing needle
  • Sharpness of attached components
  • Dimensional change & appearance after wash
  • Pilling resistance
  • Bursting strength
  • Seam strength
  • Colorfastness (to water, to perspiration, to washing, to rubbing, to saliva, to breast milk, to transfer in joints)
  • Fiber shedding
  • Appearance quality

Important note:

  • The material used and the product design require compliance with section 5.1 safety requirements of this standard

This new product standard was included in China’s No. 13 announcement of approved national standards in 2022.  The effective date was 1 May 2023.


China Recalls Summary (01 May 2023 to 31 May 2023)

In China, when hazards are identified in consumer products, they will be recalled and published in the SAMR Defective Product Administrative Centre, which is updated daily. The China recalls from 01 May 2023 to 31 May 2023 are summarized below:

View Story Read More
Hazards Frequency
Electric Shock Hazard 11
Health Risk Hazard 8
Safety Risk Hazard 7
Injury Hazard 7
Fire Hazard 6
Damage to Sight 4
Suffocation Hazard 4
Cut Hazard 3
Burn Hazard 2
Fall Hazard 2
Other Hazards* 4

*Other Hazards include Microbiological Hazard, Skin Irritation Risk, Puncture Hazard and Chemical Hazard with a frequency of less than 2. 


Product Categories Frequency
Electrical Appliances 11
Stationery 8
Food Contact Material 7
Fabric / Textile / Garment / Home Textile 5
Toys and Childcare Products 4
Home Electrical Appliances 3
Furniture 3
Household Items 1
Computer / Audio / Video / Other Electronics & Accessories 1
Jewelry 1

Provinces Frequency
Anhui 11
Guangdong 7
Hunan 7
Sichuan 4
Inner Mongolia 3
Jiangsu 3
Shanghai 2
Fujian 2
Zhejiang 2
Hubei 2
Henan 1

For a complete list click here


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