September 2018 Regulatory Update

The use of formaldehyde has been prohibited in children’s products since 2013. The Minnesota Department of Health published an educational handout to educate consumers on the possible health hazards that may be posed when using children’s creams, lotions, and similar personal care products that contain high levels of formaldehyde.

In the educational handout, the below possible health hazards have been identified.

• Development toxicity, especially in a fetus or as a child develops
• Formation of cancer, genetic damage, or reproductive harm
• Endocrine and hormonal system disruption
• Damage to the nervous system and causing other systemic toxicity

According to the proposed amendment, the list of HPCC is updated to include 5 new chemicals while removing 3 existing chemicals simultaneously. The list of HPCC will contain 68 chemicals in total once the amendment is approved.

5 new chemicals to be included

3 previous chemicals to be removed

Furthermore, the proposed amendment intended to clarify the notification requirements as below:

• The number of children's products that contain HPCCCH either sold or offered for sale in Oregon shall be notified once every two years.
• The notification shall cover the period from January 1, 2018 through December 31, 2019.

PFAS are synthetic chemicals commonly used in single-use service ware products to repel water and grease. They are extremely persistent in the environment and believed to pose adverse health effects to people.

“Food service ware” is defined as any food contact products designed for a single use for prepared foods, such as food containers, utensils, napkins and other similar items. “Food service ware accessories” are also mentioned and covered under the “Food service ware” category for all types of single-use items usually provided alongside prepared food for single usage, such as condiment packets, chopsticks, cup sleeves, stirrers and toothpicks. Items made of completely of aluminum or polystyrene foam coolers and ice chests are not included in the scope of this change.

Starting from January 1, 2020, restaurants, food retailers and vendors in San Francisco are not allowed to use single use food services wares containing PFAS.

Health Canada has identified strangulation, choking and aspiration hazards as posed by teething necklaces worn by children under three years of age. These hazards could potentially lead to the death of a child.

Therefore, by considering current international safety standards and available Canadian regulations, four requirements have been published to determine the safety of teething necklaces.

An evaluation of teething necklaces worn by children under three years of age from the local market is scheduled by Health Canada. Importers, manufacturers or retailers of such products are required to ensure their products meet the performance criteria listed above. Failure to demonstrate compliance may lead to further enforcement, including seizure, orders to take corrective action, a mandatory recall of products, administrative monetary penalties and criminal prosecution.

The 5 harmonised standards are summarized below:

Starting March 1, 2019, the updated standards are required to show conformity to the toy safety directive.

For a complete list click here

In South Korea, children’s products are defined as a product or its component that are intended to be used by children under 13 years of age. According to the Special Act on Safety Management of Children’s Products, children’s products shall be tested and certified before entering the market.

In the latest amendment, 8 new heavy metals are introduced with the existing 11 heavy metals in the Harmful Substance Release requirement. A list of the new regulated heavy metals is shown as below.

1. Aluminum (Al)
2. Boron (B)
3. Cobalt (Co)
4. Manganese (Mn)
5. Strontium (Sr)
6. Tin (Sn)
7. Organic tin
8. Hexavalent chromium (Cr (Ⅵ))

This amendment will come into force on February 1, 2019 and a transition period is in place until February, 1 2022.

SASO Technical Regulation M.A-156-16-03-03 aims at determining the specific environmental requirements of certain degradable plastic products and requiring affixation of the SASO degradable logo on licensed products.

Plastic products under phase 2 include the following:

• Bubble wrap and cushioning packaging
• Bags for postal use (such as carrier bags, courier and security bags, magazine and newspaper bags)
• Disposable tableware (such as plates, spoons and cups)
• Flower wraps
• Stretch films (packaging)
• Overwraps (plastic covers used for secondary packaging)
• Shrink Films
• Cling films (packaging)
• Packaging bags used for bread, nuts, sweets and all bakery items

The summary of the change in the implementation schedule is as follows:

The draft Technical Regulation applies to all batteries and accumulators regardless of size, weight and components. Batteries used in military, national defense, and space equipment are excluded from the scope of the regulation.

The draft set forth provisions for the following:

• Restriction on the use of cadmium and mercury in the manufacture of batteries and their plastic packaging
• International standards related to the placement of electric batteries on the market
• Conformity assessment for ensuring compliance
• Labelling requirements
• Information to customers prior to placing products on the market, such as information on recycling and disposal
• Setting the following chemical limits for the marketing and import of batteries:

Upon approval, the requirement will be adopted and enter into force 1 year from the date of publication in the KSA official gazette.