July 2022 Regulatory Update

On 28 March 2022, ASTM notified the CPSC that it had again revised the voluntary standard for infant bath tubs, by approving ASTM F2670-22 on 1 March 2022. Based on CPSC staff’s review of ASTM F2670-22, the Commission will allow the revised voluntary standard to become the mandatory standard.

The ASTM F2670 standard establishes performance requirements, test methods, and labelling requirements to promote the safe use of infant bath tubs.

ASTM F2670-22 incorporates substantive revisions and non-substantive revisions.

Substantive revisions include:

• Renaming the Subsection “Resistance to Collapse” to “Latching and Locking Mechanism(s)” and revising note 1. To improve safety, the standard requires “folding infant bath tubs or infant bath tub accessories to have latching and locking mechanisms or “other means” of preventing the product from folding or collapsing”.
• Adding specific marking requirements for products that are battery-operated.
• Identifying that instructional literature includes cautionary and warning statements specifically for battery-operated products.

Non-substantive revisions include edits such as: spacing and formatting; language in the introduction; removal of Consumer Product Safety Improvement Act (CPSIA) from its list of referenced documents, etc.

On 3 June 2022, Colorado State’s Governor signed bill HB 22-1345 into law. This bill, known as the Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Act, aims at protecting humans and the environment from the exposure of Perfluoroalkyl and Polyfluoroalkyl (PFAS) chemicals. The earliest restriction date for certain products will begin 1 January 2024.

“PFAS chemicals” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom (CRS 25-5-1302).

The new law prohibits PFAS to be intentionally added to various consumer products such as carpet and rugs, juvenile products, food packaging, furniture and cosmetics. For cookware, labelling is required if PFAS is intentionally added. The law also includes special requirements for firefighting foam containing PFAS. Details of the requirements and effective dates are listed in the below table.

On 19 May 2022, the U.S. Food and Drug Administration (FDA) issued a rule to amend its food additive regulations (Indirect Food Additives: Adhesives and Components of Coatings; Paper and Paperboard Components; Polymers; Adjuvants, Production Aids, and Sanitizers) in order to update the regulations as they relate to the use of certain phthalates in food contact materials.

Because previously authorized phthalates are no longer used as food additives due to abandonment by the industry, the FDA revoked authorizations of twenty-three phthalates and two other substances for food contact use.

In addition, under these regulations, the FDA determined diallyl phthalate (CAS no. 131-17-9) to be authorized only as a monomer in the manufacture of food contact polymers and not as a plasticizer.

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On 22 June 2022, Canada published Regulations Amending Certain Regulations Made Under the Canada Consumer Product Safety Act (Surface Coating Materials), SOR/2022-122 (the Regulation). The focus was to update the requirements for surface coating materials across regulations under the CCPSA for consistency and to close gaps in the regulatory framework that made it difficult for Health Canada to take quick enforcement action, where applicable. The six regulations affected are as follows:

1. Surface Coating Materials Regulation (SOR/2016-193)
2. Expansion Gates and Expandable Enclosures Regulations (SOR/2016-179)
3. Cribs, Cradles and Bassinets Regulations (SOR/2016-152)
4. Playpens Regulations (SOR/2018-186)
5. Toys Regulations (SOR/2011-17)
6. Carriages and Strollers Regulations (SOR/2016-167) – its chemical requirements refer to the Toys Regulations

The Surface Coating Material Regulations restrict lead and mercury content in surface coating materials while other regulations restrict additional certain other harmful heavy metal elements in applied surface coating materials. Please note the phrase “surface coating materials” refers to the material that is yet to be applied (i.e., raw paint form) while “applied surface coating materials” in other regulations refers to already applied coatings (i.e., the solid post-application film). In particular, the migration test method for certain other harmful heavy metal elements has been removed. The Regulation allows parties to select from the common test methods in the industry for adoption such as those referenced in ASTM F963, EN 71-3 or ISO 8124-3 for migration of certain elements.

The updates of Surface Coating Material Regulations are summarized as below:

• Definition of “surface coating materials” is amended. The term “dries to a solid film” is changed to “forms a solid film”. Solid film means the one can be removed from the surface
• New definition of “accessible part” is added. Only the accessible parts are within the scope. This is defined as “any parts that may be touched, licked, mouthed or swallowed during the reasonably foreseeable use of the products”
• Defined “coating materials” to include stickers, films or other similar coating materials such as powder coatings that are applied electrostatically
• Furniture has been newly added to the product list for applied coating material; not just limited to children’s furniture

For the updated requirements in the other regulations, please refer to the below table.

On 22 June 2022, Canada published the Single-use Plastics Prohibition Regulations: SOR/2022-138 to prohibit certain single-use plastics. The regulations prohibit the manufacture, import, and sale of the following six categories of Single-Use Plastics (SUPs).

• Checkout bag, also known as shopping bag, grocery bag, or carryout bag. It’s designed for carrying purchased goods, typically given to a customer at the retail point of sale.
• Cutlery, including knives, forks, spoons, sporks and chopsticks.
• Foodservice ware made from or containing problematic plastics. This category includes containers, boxes, cups, plates and bowls used for serving or transporting prepared food or beverages. And the problematic plastics refer to extruded or expanded polystyrene foam, polyvinyl chloride, oxo-degradable plastics, or plastics contain “carbon black” additives.
• Ring carriers. This category includes deformable bands that are placed on beverage containers to package them for transport.
• Stir sticks. They are designed to stir or mix drinks, or to stop a drink from spilling out of a lid.
• Straws, including drinking straws, flexible straws.

Timelines for the prohibition are indicated in below Table:

*Other Hazards include Fall Hazard, Safety Risk Hazard, Health Risk Hazard, Suffocation Hazard, Entrapment Hazard, Entanglement Hazard and Poisoning Hazard with a frequency of less than 2.

*Other Categories include Tools and Hardware, Furniture, Food Contact Material, Chemicals, Accessories, Protective Equipment and Machinery with a frequency of less than 2

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*Other Hazards include Microbiological Hazard, Laceration Hazard, Fall Hazard, Asphyxiation Hazard, Ingestion Hazard and Suffocation Hazard with a frequency of less than 2.

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Amendments to 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) have been proposed in the United Kingdom.

1. The list of published standards in part 1 of Annex I to notice 0009/21 is proposed to be amended as follows:
   (a) Remove EN 50178: 1997 from Annex I to notice 0009/21
   (b) Standards EN 60335-2-17:2013 + A11:2019 as amended by EN 60335-2-17:2013/A1:2020; EN 60335-2-85:2003 + A1: 2008 + A11:2018 as amended by EN 60335-2-85:2003/A2:2020; EN 60947-5-1:2017 as amended EN 60947-5-1:2017/AC:2020-05;
   (c) Added EN IEC 61010-2-010:2020; EN IEC 61010-2-081:2020; EN IEC 61293:2020; EN 60335-2-27:2013 + A1: 2020 + A2: 2020; EN 60335-2-3:2016 + A1:2020; EN 60335-2-30:2009 + A11:2012 + AC: 2010 + AC: 2014 + A1: 2020 + A12: 2020; EN 60335-2-6:2015 + A11: 2020 + A1: 2020
   
   Part 2 of Annex I sets out the complete list of references of standards which have been published.


2. The list of standards for removal from publication, as set out in part 1 of Annex II to notice 0009/21, is proposed to be amended as follows:
   (a) Remove row 1 to 81
   (b) Added removal date of reference of standard: EN 60335-2-17: 2013 + A11：2019; EN 60335-2-85:2003 + A1:2008 + A11: 2018; EN 61010-2-081:2015; EN 60335-2-3:2016; EN 61010-2-010:2014; EN 61293:1994; EN 60335-2-27:2013; EN 60335-2-30:2009 + A11:2012 + AC: 2010 + AC: 2014; EN 60335-2-6:2015
   
   Part 2 of Annex II sets out the complete list of references of standards which, at the date of this notice, are due to be removed from publication.
For More Information About This Story:
Contact: Vincent Wong (Technical Consultant for E&E)
Phone: (852) 3185 8000
Email: regulatoryupdates@qima.com

The EN 1888-1 standard, Child care articles - Wheeled child conveyances - Part 1: Pushchairs and prams specifies the safety requirements and test methods for pushchairs and prams designed for the carriage of one or more children up to 15 kg each and up to 20 kg for any integrated platform on which a child can stand.

The amendment includes,

1. New additions
1. Clause 5.2.3 – added new equipment “small head probe”
2. Clause 6 – specified product components which need to comply to EN71-3
3. Clause 8.3.5.1.1.3 - added note 2 “The removal of a child is not considered as an operating action”
4. Clause 8.4 – Restructured this clause by dividing the subclauses of the requirement and test method of “Hazards from free lengths” and “Hazards from loops”
5. Clause 8.10.3 – Added guidance for the handle adjustment and orientation when performing testing
2. Modification
1. Clause 8.5.2.3 – stage 1 of the bite test has been modified
3. Deletion
1. Clause 8.9.3 – stability hazards due to the position of swiveling wheels has been removed
4. Editorial updates, such as definitions improved, clarified/added information in clause 10, etc.

On 10 June 2022, the European Chemical Agency (ECHA) launched the 27th update of the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) candidate list. One new Substance of Very High Concern (SVHC) was added. This brings the total to 224 entries of SVHC.

In March 2022, ECHA launched its public consultation on the listed chemical - N-(hydroxymethyl)acrylamide as one of the potential SVHC. This chemical is now identified and approved as an SVHC and thus included in the REACH candidate list.

The details of the new SVHC substance are listed as below:

On 4 May 2022, the CEN published EN 71-13:2021+A1:2022 for olfactory board games, cosmetic kits, gustative games and supplementary sets. As directly outlined in the scope, the standard specifies the requirements on the use of substances and mixtures and in some cases on their amount and concentration in olfactory board games, cosmetic kits, gustative games and supplementary sets to such games or kits. This standard also stipulates allergenic fragrances which are prohibited in toys, marking requirements in particular regarding allergenic fragrances), and requirements on contents list. Additionally, the standard includes instructions for use, the equipment intended to be used during the activity and the use of highly flammable liquids. This standard does not apply to cosmetic toys such as play cosmetics for dolls.

According to this published standard, it will be given the status of a national standard by November 2022 and conflicting national standards are to be withdrawn by this date, at the very latest. This European Standard (EN) is expected to be harmonized under the Toy Safety Directive upon official acceptance by the European Commission (EC) and by publication in the Official Journal of the EU (OJEU).

The details of the effective dates are listed below:

The major changes in EN 71-13:2021+A1:2022 are summarized below:

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

*Other Categories include Computer / Audio / Video / Other Electronics & Accessories, Accessories, Tools and Hardware, Footwear, Outdoor Living Items, Machinery and Pet Items with a frequency of less than 2.

*Other Countries include Bulgaria, Estonia, Iceland, Norway, Croatia, Italy, Finland, Sweden, Romania and Latvia with a frequency of less than 4.

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This product standard is applicable to leather sandals 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 4546-2013, are identified below.

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

1. Appearance quality
   -Requirement updated
2. Odour, Thickness of upper strap, Tensile strength test of small parts,
   -Restricted substances, Physical safety performance
   -Requirement removed
3. Flexing resistance, Peeling strength
   -Requirement updated
   -Exemption criteria updated
4. Abrasion resistance, Outsole hardness
   -Requirement updated
   -Test condition updated
5. Upper band pull-out strength
   -Requirement updated
   -Test method updated
6. Shanks for footwear
   -Shank labeling requirements removed
   -Exemption criteria updated
7. Discoloration (Yellowing), Outsole and midsole adhesion strength, After-sale quality judgment for children’s leather sandals
   -Requirements newly added

1. Flexing index of fiberboard
2. Color fastness to rubbing of lining and insock

1. Updated standard QB/T 4546-2021 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

*Other Hazards include Swallowing Risk, Risk of Allergy, Explosion Hazard, Aspiration Hazard, Strangulation Hazard, Environmental Hazard, Suffocation Hazard, Skin Irritation Risk and Damage to Sight with a frequency of less than 3.

*Other Categories include Furniture, Travel Items, Pet Items, Footwear, Protective Equipment, Construction Products, Household Items, Home Electrical Appliances and Outdoor Living Items with a frequency of less than 3.

For a complete list click here