August 2023 Regulatory Update

In June 2023, the new revision to standard EN 1466:2023 Safety requirements and test method for carry cots and stands was published and supersedes the previous version and its corrigendum EN 1466:2014+AC:2015.

EN1466:2023 was prepared to provide means for conforming to the safety requirements of General Product Safety Directive 2001/95/EC.

The standard is intended for domestic use carry cots and stands intended for a child who cannot sit unaided, roll over or push up on its hands and knees, with a maximum weight of 9 kg.

Carry cots, and stands which could be used in conjunction with them, are products that provide a sleeping accommodation and are intended for the purpose of carrying a child in a lying position by means of a handle by using one hand.

In comparison with EN 1466:2014, the significant technical changes relate to the following topics:

• Improved the standard title to take into account domestic use only
• Improved the scope to clarify which products are involved
• Introduced a new chemical requirement which follows the CEN/TR 13387 revision
• Clarified clause of the restraints system
• Improved requirement and test method for non-rigid carry cots
• Introduced new requirements and test methods to cover suffocation hazards
• Improved stability test, strength test and folding mechanism test for stands
• Improved instruction of use section, especially concerning the use of non-rigid carry cots

The previous version and its corrigendum, EN 1466:2014+AC:2015, shall be withdrawn by June 2024, at the latest.

The Department for Business and Trade Notice of Publication Issued 0085/23 of 29 June 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).

1. Part 1 of Annex I to this notice lists additional references to standards as an amendment for Annex 1 to notice 0083/23, such as EN IEC 60335-2-24: 2022 + A11: 2022.
   
   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 29 June 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 60335-2-24: 2010 + A1: 2019 + A2: 2019 + A11: 2020
   
   Part 2 of Annex II to this notice sets out the complete list of standards which will be removed from publication.

The European Union (EU) introduced Regulation (EU) 2023/1464 on 17 July 2023, to regulate formaldehyde and formaldehyde-releasing substances in articles.

This regulation includes various key provisions such as,

• Creating a new entry 77 for Annex XVII of Regulation (EC) 1907/2006 (REACH)
• Outlining test methods for formaldehyde emissions from articles and interior of vehicles
• Exempting specific products (refer to the content in table below)
• Placing restrictions on toys for children of all ages which are within the scope of the restriction

The below table provides a summary of the regulation's significant aspects.

1. Articles in which formaldehyde or formaldehyde releasing substances are exclusively naturally present in the materials from which the articles are produced.
2. Articles used exclusively for outdoor use under foreseeable conditions.
3. Articles in constructions that are exclusively used outside the building shell and vapor barrier and that do not emit formaldehyde into indoor air.
4. Articles exclusively for industrial or professional use unless formaldehyde released from them leads to exposure of the general public under foreseeable conditions of use.
5. Articles for which the restriction laid down in REACH Annex XVII Entry 72 applies.
6. Biocidal products [Regulation (EU) No 528/2012].
7. Medical devices [Regulation (EU) 2017/745].
8. Personal protective equipment (PPE) [Regulation (EU) 2016/425].
9. Articles intended to come into contact directly or indirectly with food (FCM articles) [Regulation (EC) No 1935/2004].
10. Second-hand articles.

1. Road vehicles exclusively for industrial or professional use unless the concentration of formaldehyde in the interior of those vehicles leads to exposure of the general public under foreseeable conditions of use.
2. Second-hand vehicles.

*Other Hazards include Fall Hazard, Cut Hazard, Microbiological Hazard, Health Risk Hazard, Suffocation Hazard, Swallowing Risk, Damage to Hearing, Asphyxiation Hazard, Explosion Hazard and Skin Irritation Risk with a frequency of less than 4.

*Other Categories include Outdoor Living Items, Food Contact Material, Household Items, Accessories, Car Components and Tools and Hardware with a frequency of less than 3.

*Other Countries include Ireland, Malta, Austria, Czechia, Latvia, Denmark, Poland, Lithuania, Belgium, Estonia, Bulgaria, Spain, Norway, Luxembourg and Unknown with a frequency of less than 7.

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To address the risk of injury and death associated with entrapment and other hazards from adult portable bed rails (APBRs), the U.S. Consumer Product Safety Commission (Commission or CPSC) has promulgated a new mandatory standard to require APBRs to meet the requirements of existing voluntary standard ASTM F3186-17 with modifications.

The new mandatory standard incorporates by reference the ASTM F3186-17 (Standard Specification for Adult Portable Bed Rails and Related Products) with the modifications below to provide clarity and improve safety:

• New definitions were added to ensure consistency throughout the rule
• Requirement was improved regarding informing the consumer of the range of mattress thicknesses to ensure safe use of the product and providing testers with guidance for selecting the correct mattress thickness during the test setup
• Requirement was updated for entrapment testing to be consistent with known hazards

For detailed modification of ASTM F3186-17, please refer to 16 CFR 1270.

The effective date for the final rule was 21 August 2023.

Signed by the Governor on 27 July 2023, the newly passed bill in Oregon, HB3043, has modernized the Toxic-Free Kids Act and will empower the Oregon Health Authority (OHA) to strengthen the protections for children's health, as well as change business reporting requirements.

This act, which was introduced in 2015, requires manufacturers to file reports with the OHA if their children's products are found to contain one or more High Priority Chemicals of Concern for Children's Health (HPCCCH). It aims to remove these nominated chemicals (or have the manufacturer seek a waiver).

There are currently 73 species of HPCCCH, as listed.

Key points for recent amendments are shown below.

• Defines the term " class of chemicals". Now OHA is allowed to regulate classes of chemicals, rather than regulating them one by one.
• Requires disclosure of the brand name and model as part of the reporting information.
• Removes a provision prohibiting the OHA from adding more than five chemicals to the list of HPCCCH.
• Authorizes manufacturers to continue selling children's products for which the hazard assessment was submitted for three years. At the end of this three-year period, the manufacturer must resubmit the hazard assessment.

The amendments will become applicable from 1 January 2024, except for the amendment requiring disclosure of brand name and model, which will come into force from 1 January 2025. Notices containing information about brand name, model, and product category of children's products containing HPCCCH must be submitted on/after 31 January 2026.

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*Other Hazards include Fire Hazard, Fall Hazard, Damage to Skin, Damage to Sight, Eye Irritation Risk, Skin Irritation Risk, Puncture Hazard, Drowning Hazard and Swallowing Risk with a frequency of less than 2.

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*Other Hazards include Cut Hazard, Swallowing Risk, Microbiological Hazard, Risk of Allergy, Skin Irritation Risk, Lead Poisoning Hazard, Eye Irritation Risk, Choking Hazard, Burn Hazard and Drowning Hazard with a frequency of less than 4.

*Other Categories include Chemicals, Footwear, Machinery and Medical Devices with a frequency of less than 2.

*Other Provinces include Guangxi, Inner Mongolia, Yunnan and Hubei with a frequency of less than 4.

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