November 2020 Regulatory Update

The Consumer Product Safety Commission (Commission, or CPSC) is proposing to amend its Standard for the Flammability of Mattresses and Mattress Pads. The ignition source cigarette specified in the standard for use in the mattress standard’s performance tests, Standard Reference Material cigarette SRM 1196, is no longer available for purchase.

The Commission is proposing to amend the mattress standard to require a revised Standard Reference Material cigarette, SRM 1196a, which was developed by the National Institute of Standards and Technology, as the ignition source for testing to the mattress standard.

The Danny Keysar Child Product Safety Notification Act, section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), requires the United States Consumer Product Safety Commission (CPSC) to promulgate consumer product safety standards for durable infant or toddler products. These standards are to be “substantially the same as” the applicable voluntary standard, or more stringent than the voluntary standard, if the Commission determines that more stringent requirements would further reduce the risk of injury associated with the product. The Commission is proposing a safety standard for crib mattresses. The scope of the proposed rule includes full-size and non-full-size crib mattresses, as well as after-market mattresses for play yards and non-full-size cribs. The Commission is also proposing to amend CPSC's consumer registration requirements to identify crib mattresses within the scope of the proposed rule as durable infant or toddler products, and proposing to amend CPSC's list of notice of requirements (NORs) to include such crib mattresses.

Based on the comments received from the RFI, CPSC staff recommends pursuing testing to identify potential alternatives to update equipment and procedures in the standard that are no longer available or need clarifying, and pursuing rulemaking to propose updates. One specific change will be to update the requirements regarding the stop thread in the test apparatus, the refurbishing procedure (both dry cleaning and laundering), and test result codes. The stop thread requirements have generated confusion about the appropriate thread to use and the thread CPSC has used, which complies with the standard, is no longer identifiable on the market. Accordingly, clarifying and updating the requirement would provide for more consistent testing and results.

Based on the review from the CPSC staff, they are not recommending that spandex be exempt from testing to 16 CFR 1610. Staff will continue to work with stakeholders to do a complete flammability analysis of spandex.

The required refurbishing equipment, including dry cleaning solvent and washing machines, have limited availability, or are being phased out; so suitable replacements should be identified that are readily available. Finally, the test results codes are not clear, and they need to be clarified for industry members to use them properly and effectively. The CPSC staff is recommending additional testing and analysis to determine appropriate updates for the stop thread, refurbishing, and test code requirements. Staff is proposing testing and analysis in the FY21 Operating Plan of the stop thread and refurbishing procedures for the next fiscal year and will consider changes to the burn codes. Depending on the results, staff may recommend issuing a notice of proposed rulemaking (NPR) in the future to update these requirements.

*Other Hazards include Burn Hazard, Crash Hazard, Electric Shock Hazard, Entrapment Hazard, Flammability Hazard, Ingestion Hazard, Impact Hazard, Laceration hazard, Mould Contamination, Overheating Hazard, Tip-over Hazard with a frequency of less than 4.

^Other Categories include Accessories, Computer / Audio / Video / Other Electronics & Accessories, Cosmetics / Bodycare, Food Contact Material, Home Electrical Appliances (Hair Dryer, Iron, etc.), Household Items, Juvenile Products, Knitting, Lighting Equipment, Outdoor/Recreational Appliance, Sporting Goods / Equipment, Tools with a frequency of less than 4.

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In comparison with the previous version EN12472:2005+A1:2009, the 2020 version contains some major changes as follows:

• Reference to Regulation (EC) No 1907/2006 (REACH) instead of Directive 94/27/EC;
• Use of the term article instead of items, in order to adopt the use of terms used in the REACH Regulation;
• Update of normative references:
• EN 1811 “Reference test method for release from nickel from all post assemblies which are inserted into pierced parts of the human body and articles intended to come into direct and prolonged contact with the skin”
• EN 16128 “Ophthalmic optics – Reference method for the testing of spectacle frames and sunglasses for nickel release”
• Clarification of articles covered by the scope of this standard – the scope of this standard excludes articles with an outer coating containing nickel and those which are inserted into pierced ears and other parts of the human body;
• Clarification of the concentration of the lactic acid stock solution – The purity of DL lactic acid for preparation of corrosive medium shall be more than 88%;
• Requirement for granules has been changed – Outer shells of coconuts, ground and sieved to give a mixture of particles having dimensions between 0.8 mm and 1.3 mm;
• Tests specified in CR 12471 can be performed to obtain indicative information on the extent of nickel release or the presence of nickel.

This European Standard shall be given the status of a national standard, either by publication of an identical text or by endorsement, at the latest by March of 2021, and conflicting national standards shall be withdrawn by March of 2021 at the latest.

This standard would be harmonized under Regulation (EC) No 1907/2006 (REACH) when it is accepted by the European Commission and announced in the Official Journal of the European Union (OJEU).

The standard specifies a range of physical and mechanical performance requirements, design requirements, and labelling requirements.

The standard will apply to infant feeding bottles, teats and drinking accessories made of plastic, glass, metal, ceramic, silicone rubber, and rubber. However, it will not apply to pacifiers or feeding bottles and teats for medical use.

It is the first mandatory standard in China specifying the technical requirements, corresponding testing methods and labeling requirements for infant feeding bottles and teats.