September 2022 Regulatory Update

On 16 August 2022, Public Law 117-171, also known as Reese’s Law, was enacted by the United States Congress. The enactment of this law identifies the following to be incorporated into a Consumer Product Safety Standard:

1. No later than one year after the date of enactment of this Act (in other words, by 15 August 2023), the Consumer Product Safety Commission (CPSC) shall promulgate a final consumer product safety standard for button cell or coin batteries and consumer products containing button cell or coin batteries. This standard shall contain:
1. a performance standard for associated battery compartments that would eliminate or adequately reduce the risk of harm from button or coin cell battery ingestion by children six years of age or younger
2. warning label requirements
2. The warning labels are required to:
1. clearly identify the hazard of ingestion; and
2. instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical attention if a battery is ingested, and to follow any other consensus medical advice

No later than 180 days after the date of the enactment of this Act (in other words, by 12 February 2023), the packaging of any button or coin cell battery shall comply with the standards provided in section 1700.15 of title 16, CFR (Code of Federal Regulations) also known as the poison prevention packaging standards and the testing procedure for special packaging outlined in section 1700.20 of title 16, CFR.

1. Toy products that comply with battery accessibility and labeling requirements of part 1250 of title 16, CFR, the safety standard mandating ASTM F963 for toys and in reference to child-resistant packaging
2. Button or coin cell batteries that comply with marking and packaging provisions of ANSI C18.3M, the safety standard for portable lithium primary cells and batteries

The standard promulgated by the CPSC, and the requirement of child-resistant packaging shall apply to products manufactured or imported after the effective date of such standard or requirement.

On 27 June 2022, the governor of the state of Hawaii signed bill HB1644 into law (Act 152). This law came into effect on 1 July 2022 to restrict perfluoroalkyl and polyfluoroalkyl substances (PFAS) in class B firefighting foam and certain types of food packaging. The intent is to reduce environmental, health and safety concerns that are associated with PFAS chemicals that can be found in these products.

The new law prohibits the intentional addition of PFAS in food packaging comprised, in substantial part, of paper, paperboard or other plant-derived materials. The four types of food packaging addressed in this law are: 1. food boats, 2. pizza boxes, 3. plates, 4. wraps and liners. The prohibition of PFAS in food packaging will become effective on 31 December 2024.

For Class B firefighting foams, the prohibition will be implemented in different stages starting 1 January 2023, onwards.

“PFAS chemicals” are defined by the law as all members of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

Highlights of the new law on intentionally added PFAS in Class B firefighting foam and food packaging are summarized in the below table.

On 4 August 2022, the governor of the state of Delaware signed House Bill No. 77 into law to ban flame retardants in various consumer products including children’s products, upholstered furniture and mattresses. The intent is to address hazards associated with flame retardants such as neurological damage and cancer.

According to the law, a “children’s product” is defined as a product designed for residential use by infants and children under 12 years old such as a bassinet, booster seat, changing pad, floor play mat, highchair pad, infant bouncer, infant carrier, infant seat, infant swing, infant walker, nursing pad, nursing pillow, playpen side pad, play yard, portable hook-on chair, stroller, mattress, and children’s nap mat.

The law prohibits the manufacture, sale or offer to sell or the distribution of these products containing flame retardant chemicals. However, the requirement does not apply to mattresses or upholstered furniture that can be sold or distributed in commerce in California. Details of the requirements are listed in the below table.

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Under published Resolution No. 37 on Technical Regulations for Labelling of Garments (Textiles) by the Venezuelan Peoples Ministry for Commerce, any garment (textile) that is manufactured or imported and marketed in the national territory must have a label containing the following information, in Spanish:

• Country of Origin (the words “Made in the Bolivarian Republic of Venezuela" used for products made in Venezuela)
• Fiber composition
• Manufacturer/ Importer information (Company name, Tax Information Registry RIF number)
• Trademark
• The registration number of the Registry established in this Technical Regulation
• Size
• Care instructions

Method of labelling:

• The label must be visible
• Its information legible
• The letters shall have a height of at least two (02) millimeters (unless SENCAMER (National Autonomous Service for Standardization, Quality, Metrology and Technical Regulations) has authorized otherwise)
• The pictograms should be easy to see and comprehend

Important notes:

Any national manufacturer or importer of clothing (textile) must register in the Mandatory Registry of National Manufacturers and Importers of clothing (textile), which for this purpose shall be carried out by SENCAMER

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The United Kingdom (UK) Department for Business, Energy and Industrial Strategy (BEIS) published an updated consolidated list of toy designated standards, in support of the Toys (Safety) Regulations 2011/(S.I. 2011/1881) on 5 September 2022. This update on the consolidated list will bring the UK in line with the harmonized standards already referenced in the European Union (EU).

From a testing and compliance standpoint, this is a benefit to UK toy importers who also sell toys in the EU, as a common set of standards will be applicable.

*Other Hazards include Microbiological Hazard, Damage to Hearing, Damage to Sight and Suffocation Hazard with a frequency of less than 2.

*Other Categories include Stationery, Accessories, Machinery, Food Contact Material, Furniture, Footwear and Outdoor Living Items with a frequency of less than 3.

*Other Countries include Estonia, The Netherlands, Romania, Austria, Luxembourg, Belgium and Norway with a frequency of less than 4.

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On 28 July 2022, China’s National Health Commission (NHC) published 36 new and three revised food safety mandatory national standards. Such updates included two major food contact materials (FCM) standards - GB 4806.8-2022 Paper and Paperboard in Contact with Foodstuffs (a revised standard) and GB 4806.12-2022 Bamboo and Wood in Contact with Foodstuffs (a new standard).

The effective date of GB 4806.8-2022 is 30 June 2023, and the effective date of GB 4806.12-2022 is 30 December 2022.

GB 4806.8-2022 Paper and Paperboard in Contact with Foodstuffs defines silicone paper as one kind of paper article and updates the migration index and residue limits.
GB 4806.12-2022 Bamboo and Wood in Contact with Foodstuffs has filled the gap of legislative supervision on food contact bamboo and wood articles, which should add clarity for manufacturers and distributors. The details and interpretations of both standards are as follows:

GB 4806.8-2022

1. Increased scope of application: not applicable to food contact materials and products made of regenerated cellulose film (cellophane). Silicone paper is also defined as a kind of paper.
2. 2. Added the limit of physical and chemical indicators 1.3-dichloro-2-propanediol and 3-chloro-1,2-propanediol residues
   • 1.3-Dichloro-2-propanediol: not detectable (DL=2 ug/L)
   • 3-Chloro-1,2-propanediol: ≤12 μg/L
3. Deleted the requirement of potassium permanganate consumption index
4. Detailed sensory requirement: the new version specifies that if decolorization happens to unbleached and uncolored paper and paperboard, this situation will not be considered as abnormal coloring
5. Clarified sampling method: for the testing of residue limits, the sampling area of formaldehyde is one side only.
6. Added other technical requirements: food contact paper and cardboard materials and products using coatings, inks and (or) adhesives and other materials should also meet the corresponding national food safety standards.

GB 4806.12-2022

1. Sensory requirements
1. Sensory: normal color, no burrs, moth-eaten, odor, mildew or other dirt
2. Soaking solution: The soaking solution obtained from the migration test should not have any deterioration of sensory properties such as precipitation, odor, abnormal coloring, etc.
2. Physical and chemical indicators
1. Migration indicator
   

   Item	Index
   Total Migrationᵃ (mg/dm2)	≤10
   Formaldehyde/(mg/kg)	≤15
   Sulphur dioxide/(mg/kg)	≤10
   Pentachlorophenol and its salts (calculated as pentachlorophenol)/(μg/kg)	≤0.15
   ᵃ Bamboo and wood materials and products for special food for infants and young children should be converted into mg/kg according to the area-to-volume ratio in actual use, and the limit is 60mg/kg

2. Residue indicator
   

   Item	Index
   Thiabendazole/(mg/kg)	≤1.2
   o-Phenylphenol/(mg/kg)	≤4.8
   Imazalil/(mg/kg)	≤0.4
   Biphenyl/(mg/kg)	≤0.6

3. Other physical and chemical indicators: should comply with the physical and chemical indicators of GB 9685, National Food Safety Standard, and related announcements on specific migration limits, specific total migration limits and maximum residues of oils, waxes and other additives.
3. Microbial indicators
   Microorganisms of bamboo and wood materials that are expected to be in direct contact with food and used directly without disinfection or cleaning shall comply with GB 14934, National Food Safety Standard Disinfection of Dining and Drinking Sets, except bamboo and wood products that need to be peeled, shelled or cleaned before eating, cooking or processing.
4. Other technical requirements
   Bamboo and wood materials and products for food contact using materials such as coatings, inks and (or) adhesives shall also comply with the provisions of the corresponding national food safety standards.
5. Label requirements: should comply with the provisions of GB 4806.1, General Safety Requirements for Food-Contact Materials and Articles

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