September 2017 Regulatory Update

According to the Consumer Product Safety Improvement Act (CPSIA), the updated standard will be enforced and become mandatory 180 days after ASTM has notified the Consumer Product Safety Commission (CPSC) of the update. However, the CPSC may reject the revision within 90 days.

Time line:

The following requirements or test methods are amended:

According to the standard, an infant bouncer seat is defined as:

1. A freestanding product intended to support an occupant in a reclined position to facilitate bouncing by the occupant, with the aid of a caregiver or by other means, and
2. A product intended for infants who have not developed the ability to sit up unassisted (approximately 0 to 6 months of age).

The final rule adopts ASTM F2167-17 and there are two modifications to the requirements of the standard:

1. The rule requires an additional warning statement to caregivers to use the restraints “Even if an infant falls asleep”.
2. The rule also requires the fall hazard warning to be placed on the upper seat back of the bouncer seat to ensure that caregivers read and heed the warning

Within the year, the EPA has implemented below activities, including the release of scope document, to fulfil its responsibilities:

Recent 60-day notices from June to August of 2017 include the following:

Beginning January 1, 2019, the Act prohibits the sale or distribution of upholstered furniture for promotional purposes containing flame retardants more than 0.1% in its:

• -   Fabric, or
• -   Other covering, or
• -   Cushioning materials

A restricted flame retardant is defined as any chemical or chemical compound to resist or inhibit the spread of fire. It includes, but is not limited to, halogenated, phosphorus-based, nitrogen-based and nanoscale flame retardants.

In the letter to retailers, DoH states the enforcement date of the act will begin on November 1, 2017 and suggests retailers to understand the act through reading the FAQ which provides further information and clarification, such as, exempted products, penalties for violation, definition of children’s product etc.

This act applies to children’s products and children’s apparel in general and there are 5 chemicals restricted as below:

Compared to previous adopted version (See Regulatory Recap: June 2016). Two chemicals, Cobalt and Benzene, are removed from the toxic content restriction. Instead, for cobalt, the DoH will actively monitor ongoing research and development. Testing will be required when there is more hazard data and information available. For benzene, it is currently monitored in drinking water and in air by Federal agencies including the Environmental Protection Agency (EPA) which has already specified hazardous limits in consumer products.

Instead of referencing to national standard in the current regulation, SOR/2016-172, the proposed regulations establish specifications to corded window coverings and they are summarized below:

1. Small parts
2. Lead content
3. Unreachable cords
4. Reachable cord (one free end and two consecutive contact points
5. Loop created by reachable cord
6. Two reachable cords
7. Information and advertising
8. Instructions and warning

The regulation shall come into force six months after the day they are published in the Canada Gazette, Part II.

The proposed regulatory approach aims to reduce formaldehyde exposure from indoor air.

In the proposed regulatory approach, it is required that all composite wood products, including laminated products and finished goods made from composite wood products, comply with emission standards for formaldehyde. The Government of Canada is considering the CSA standard and regulatory approach taken in US and other jurisdictions as models for designing the proposed regulation.

There are two documents drafted and they are summarized below:

1. The drafted Compliance Catalog defines various household appliances and electronic devices which are within the scope of China RoHS 2.
2. The drafted exemption list specifies limits for restricted heavy metals according to the product type. It also lists the products for which the restriction does not apply.

Some examples of the updated standards are listed below: