September 2021 Regulatory Update

Despite EPA’s extensive outreach conducted during development of the PBT rules, some comments from the stakeholders on PIP (3:1) were still received after the rule was finalized. In response to this, the EPA issued a 180-day “No Action Assurance” in March 2021 to ensure that the supply chain was not interrupted and issued a notice requesting further comments and information on the impact of the compliance dates until 4 September 2021. However, a need for varying time frames to remove PIP (3:1) from the supply chains has been identified. The EPA will issue a final rule (follow by a 60-day comment period) providing a short-term extension of compliance dates until 8 March 2022.

PIP (3:1)-containing articles covered by the short-term compliance date extension include cellular telephones, laptop computers and other electronic devices. In addition, articles that might be used in industrial and commercial equipment used in various sectors including transportation, life sciences, and semiconductor production, as well as other consumer and commercial goods are included.

At the same time, the EPA announced its intent to initiate a new rulemaking and anticipates proposing new rules for all five PBT chemicals that are the subject of final risk management rules under TSCA in the Spring of 2023. The current provisions of the final risk management rules, except the extension of the specified compliance dates for PIP (3:1), remain in effect while the EPA is working on this new rulemaking effort.

Below is a summary on the potential usage, scope, requirement, and effective date for the five PBT chemicals.

*Other Hazards include Burn Hazard, Amputation Hazard, Laceration Hazard, Pinching Hazard, Entrapment Hazard, Health Risk Hazard, Crash Hazard, Skin Irritation Risk, Drowning Hazard and Exploding Hazard with a frequency of less than 2.

*Other Categories include Outdoor Living Items, Tools and Hardware, Electrical Appliances, Furniture, Stationery and Fabric / Textile / Garment / Home Textile with a frequency of less than 2.

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*Other Hazards include Swallowing Risk, Injury Hazard and Crash Hazard with a frequency of less than 2.

*Other Categories include Household Items and Food Contact Material with a frequency of less than 2.

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This is the second batch of proposals to identify SVHCs in 2021. The first batch of proposals with eight substances was published in March; all of them were included in the current SVHCs candidate list with 219 substances in July. The candidate list is updated two times a year, generally at the beginning and in the middle of a year.

The four substances in this new batch of proposals that might be included in the upcoming update of the SVHC candidate list (expected in early January 2022) are listed below. The candidate list would increase to 223 substances if all of them are included.

Italy proposes to adopt a draft legislation on food contact stainless steels and the European Commission (EC) published Notification 2021/0513/I on Italy’s intention on 28 July 2021. If the draft legislation is adopted, it will amend the Decree of the Minister of Health of 21 March 1973, in relation to food contact stainless steels.

According to the Notification, there are two important changes addressed:

• Adding one more type of stainless steel to the positive list - UNI EN 10088-1: 2014 Numerical designation 1.4062, also known as AISI/ASTM A240 or UNS 32202
• Adding one specification for the concentration of certain elements in food contact stainless steels without codes or designations

In addition, the three months standstill period will end on 29 October 2021.

In the absence of specific EU legislation on food contact paper and board, the EDQM published the first edition of technical guidance on “Paper and board used in food contact materials and articles’’.

This guidance aims to improve the protection of consumers against contaminants potentially released by paper and board in contact with food.

This guidance includes two aspects:

• Part I. Council of Europe Resolution CM/Res (2020) 9 on the safety and quality of materials and articles for contact with food
• Part II. Technical guide on paper and board used in food contact materials and articles

The European standard of seating for children (EN 17191:2021) has been prepared under a standardization request given to the CEN by the European Commission and the European Free Trade Association and supports essential requirements of EU Directive 2001/95/EC.

This standard specifies safety requirements, test methods and labelling requirements for children’s seating products intended to be placed on the floor, for use in both domestic and non-domestic settings, including day care centers, as well as for indoor and outdoor use. The requirements are specifically intended for children who are able to walk and sit by themselves.

This standard does not apply to children’s highchairs or childcare articles such as reclined cradles and seating in educational institutions for which other European standards exist.

In additional to meeting the safety criteria of EN17191, seating for children also needs to comply with flammability requirements (EN71 Part 2) and chemical requirements (EN71 Part 3).

*Other Hazards include Strangulation Hazard, Environmental Hazard, Cut Hazard and Fire Hazard with a frequency of less than 3.

*Other Categories include Bodycare / Cosmetics, Pet Items, Household Items, Outdoor Living Items, Sporting Goods / Equipment, Stationery and Chemicals with a frequency of less than 4.

*Other Countries include Slovakia, Croatia, Czechia, Romania, Slovenia, Spain and Bulgaria with a frequency of less than 4.

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A summary of the main amendments on the Australian Consumer Goods (Projectile Toys) Amendment Safety Standard 2021 is as follows:

Requirement updates:

1. Australian / New Zealand and International standard published amendments to the test standard; amendments are adopted under this update
2. Updated transitional period to “24 months” (beginning from 12 June 2020)
3. Omitted statement, “be accompanied by instructions for use that give the user information on how to use the toy safely” (see B.2.15, projectile toys, for guidance). This requirement only applies to projectiles in which it might be reasonably possible to aim at the face (see E.32, projectile toys)
4. Added clause 4.19.1 of the International Standard for safety of toys modification by omitting, “Remote-controlled flying toys shall be accompanied by instructions that give the user information on how to use the toy safely “(see B.2.26.2)

Warning requirement updates:

Section 13(1)

This section applies to a projectile toy if it satisfies all of the following:

1. It might be reasonably possible to aim the projectile toy at the eyes or face;
2. The projectile toy is capable of launching a projectile more than 300 millimeters;
3. The projectile toy is capable of launching a projectile with kinetic energy greater than 0.08J.

Section 13(2)

Omitted, “and the packaging”, and substituted “or the packaging”

Section 13(3)

Determining projectile range and kinetic energy

For the purposes of subsection (1), in determining whether:

1. A projectile toy is capable of launching a projectile more than 300 millimeters; or
2. A projectile toy is capable of launching a projectile with a kinetic energy greater than 0.08J;

The supplier must use the standard that is the basis for the requirements that the supplier intends to comply with.

*Other Hazards include Fire Hazard, Burn Hazard, Suffocation Hazard and Electric Shock Hazard with a frequency of less than 3.

*Other Categories include Electrical Appliances, Household Items, Computer / Audio / Video / Other Electronics & Accessories and Pharmacy with a frequency of less than 2.

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The table below is a summary of the amended phthalates requirement within (MOTIE) Notice No. 2021 - 132.

The fixed electronic equipment covered by GB 40165 includes:

1. Stationary information technology equipment (IT equipment);
2. Fixed audio and video equipment (AV equipment) and similar equipment;
3. Fixed communication technology equipment (CT equipment);
4. Stationary measurement control and laboratory electronic equipment and similar equipment.

In addition to lithium-ion battery packs for the above equipment, it is also suitable for lithium-ion batteries and battery packs for uninterruptible power supply (UPS) and emergency power supply (EPS).

Main test items are outlined below:

http://www.bzfyw.com/search/default.html?page=1&keyword=GB%2040165

The National Standard GB/T 40270-2021 " General technical requirements based on consumer experience " specifically considers the standards from the perspective of consumer experience with textile products such as clothing and home use textiles, based on consumers' sense of touch, vision, and smell, etc. The characteristics of subjective perception can directly reflect the feelings and needs of consumers. The standard outlines consumer demand-oriented practices and standardizes testing parameters to help ensure consumers have a good experience and to prevent an unpleasant experience as it relates to textile products. The standard should not be used as requirements for certain types of products, nor is it recommended to be used as a basis for product quality supervision and public comparisons.

The basic safety requirements of textile products should comply with GB 18401 or GB 31701, and quality requirements should meet the corresponding product standards.

*Other Categories include Furniture, Tools and Hardware and Footwear with a frequency of less than 2.

*Other Provinces include Tianjin, Hubei, Guangdong and Beijing with a frequency of less than 2.

** The province of the recall case, Motorcycle Reflexor Part on 13th August is not specified.

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