October 2017 Regulatory Update
On September 28, 2017, the Consumer Product Safety Commission (CPSC) issued Guidance Documents, 82 FR 45268, related to certain consumer products that may contain harmful organohalogen flame retardants.
View Story Read MoreIn order to protect consumers and children from the potential toxic effects from exposure to these harmful flame retardants, the CPSC recommends manufacturers of the below products not intentionally add non-polymeric, organohalogen flame retardants in their products:
- Durable infant or toddler products, children’s toys, child care articles or other children’s products (other than children’s car seats)
- Residential upholstered furniture
- Mattress and mattress pads
- Plastic casing surrounding electronics
In the guidance, it is explained further that organohalogen flame retardants are typically added to foam, textiles and polymers before, during or after production to improve the product’s resistance to fire. The flame retardants are not chemically bound to the substrate, which may lead to serious public health concerns when being released from the product.
Therefore, the CPSC has voted to grant the petition to initiate rulemaking under the Federal Hazardous Substances Act (FHSA) on September 20, 2017.
On September 27, 2017, the Consumer Product Safety Commission (CPSC) issued a draft rulemaking notice to determine that certain untreated and unfinished engineered wood products would not contain harmful chemicals that are limited under CPSIA and ASTM F963.
View Story Read MoreUpon approval, the following three untreated and unfinished engineered wood products, which are made from virgin wood or pre-consumer waste wood, would be exempted from third party testing for compliance with the requirements of CPSIA lead, CPSIA phthalates and ASTM F963 heavy elements in children’s products, children’s toys and child care articles:
- Particleboard
- Hardwood plywood
- Medium Density fiberboard
On September 25, 2017, the Environmental Protection Agency (EPA) issued final rule, 82 FR 44533, to extend the date of compliance to formaldehyde emission standards for composite wood products under the Toxic Substances Control Act (TSCA).
View Story Read MoreIn the final rule, the compliance dates are updated as follows:
| Provisions | Compliance Date (Old) | Compliance Date (Updated) |
| Compliance to emission standards, recordkeeping and labeling | December 12, 2017 | December 12, 2018 |
| Compliance to import certification | December 12, 2018 | March 22, 2019 |
| Compliance to emission standards (laminated product producer) | December 12, 2023 | March 22, 2024 |
| Transition period for CARB Third-Party Certifiers (TPCs) to be TSCA approved TPCs | December 12, 2018 | March 22, 2019 |
On September 22, 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of intention to add Vinylidene Chloride to the Proposition 65 list of chemicals known to the state to cause cancer.
View Story Read MoreThe chemical details are:
| Chemical | Chemical Abstracts Service Number (CAS No.) |
Types of Toxicity |
| Vinylidene Chloride (1,1-Dichloroethylene) |
75-35-4 | Cancer |
On the same day, the OEHHA proposed rulemaking to adopt Proposition 65 No Significant Risk Level (NSRL), of 0.88 mg/day for vinylidene chloride. The comment period for the proposed adoption will end on November 6, 2017.
On September 29, 2017, the Washington Department of Ecology (DOE) adopted the proposal for the Chemical of High Concern to Children (CHCC) reporting rule and list amendment (See Regulatory Recap: April 2017).
View Story Read MoreThe key changes for the CHCC reporting rule are summarized below:
- Adds two new definitions:
- De minimis level
- Internal component
- Provides updated schedule for manufacturers to report children’s product containing a CHCC that is higher than the de minimis level:
- On January 1, 2019 and annually thereafter (the report is due on January 1, 2019 for children’s products that are sold or offered for sale in Washington between September 1, 2017 and December 31, 2018.)
- Updates the CHCC list from 66 CHCC to 85 CHCC
- Added 22 new CHCC
- Deleted 3 existing CHCC
In the US, when hazards are identified in consumer products, they will be recalled and published in the Consumer Product Safety Commission (CPSC) Recent Recalls on the CPSC website, which is updated daily. The US recalls from May 1 to September 30, 2017 are summarized below:
View Story Read More
| Hazards | Frequency |
| Burn Hazard | 24 |
| Fire Hazard | 17 |
| Fall Hazard | 14 |
| Choking Hazard | 13 |
| Electric Shock Hazard | 11 |
| Injury Hazard | 10 |
| Other Hazards* | 33 |
| Product Categories | Frequency |
| Fabric / Textile / Garment / Home Textile | 14 |
| Sporting Goods / Equipment | 13 |
| Furniture | 11 |
| Toys and Childcare Articles | 11 |
| Home Electrical Appliances (Hair Dryer, Iron, etc.) | 9 |
| Lighting Equipment | 8 |
| Other Categories^ | 24 |
For the complete Recall Summary Click Here
In August 2017, the European Committee for Standardization (CEN) published a new amendment to toys safety standard for migration of certain elements, EN 71-3:2013+A2:2017. The amended standard supersedes EN 71-3:2013+A1:2014.
View Story Read MoreIn the amended standard, EN 71-3:2013+A2:2017, the key changes are summarized below:
- Updated test methods for detection of organic tin
- Added organic tin confirmation method: ISO/TS 16179
Upon harmonisation to Toys Safety Directive 2009/48/EC, the standard will become mandatory.
On September 6, 2017, the European Commission proposed to amend Regulation (EU) No. 10/2011 through World Trade Organization (WTO) notifications. The amendment is related to the migration limit of Bisphenol A (BPA).
View Story Read MoreUpon approval, the proposed regulation will amend the Regulation (EU) No. 10/2011 on plastic material that is intended to come into contact with food. The specific migration limit will be updated from 0.6 mg/kg to 0.05 mg/kg.
Apart from the specific migration limit, the restriction and specification has been updated:
- BPA is not allowed to be used for the manufacture of polycarbonate infant feeding bottles
- No migration of BPA is permitted from the plastic materials and articles specifically intended to be brought into contact with food for infants and young children
In September 2017, the European Commission issued a draft directive to propose amendment of the Toys Safety Directive 2009/48/EC. The amendment is related to the migration limit of Chromium (VI).
View Story Read MoreThe migration limit for Chromium (VI) is proposed to be strengthened and the amendment summary is listed below:
| Category I Dry, brittle, powder-like or pliable toy material |
Category II Liquid or sticky toy material |
Category III Scraped-off toy material |
|
| Chromium (VI) - Old | 0.02 | 0.005 | 0.2 |
| Chromium (VI) - New | 0.02 | 0.005 | 0.053 |
