November 2022 Regulatory Update

The International Organization for Standardization (ISO) published new standard ISO 8124-1:2022 Safety of toys which includes the requirements and test methods in ISO 8124-2018 amendment 1 and amendment 2 (2020) which are related to flying toys, expanding material, and more.

Other technical updates (note, the list is not all encompassing):

1. Clarified that the small part requirement exemption does not cover writing materials that include removeable components (such as pen caps)
2. Expanded scope of section 4.11.9.2 to include “Toys intended to be suspended from a wall or ceiling”
3. Added options to ventilation requirements
4. Added requirement for a safety stop or locking device
5. Added labeling requirement for protective equipment
6. Added requirement of “Functional toys”
7. Added requirement of “Toys intended to come into contact with food”
8. Added requirement of “Inflatable toys”
9. Clarified reference to test method of acoustics for pull or push toys
10. Included editorial change of renumbered figures

Toy manufacturers, importers, distributors or retailers should check if the updates are related to their products and, if necessary, arrange product testing in accordance with the new ISO 8124-1 version which was published in September 2022.

The official Mexican Standard NOM-004-SE-2021, which was published on 14 January 2022, will go into effect on 15 January 2023 and is applicable to textile products, clothing and their accessories, and household linen whose textile composition is equal to or greater than 50% in relation to the mass. The provisions of the standard extend to textile products which contain plastics or other materials.

The permanent labels shall be placed on household linen and on the lower part of the collar or waistband, or in any other visible place depending on the characteristics for garments and their accessories.

The following information is required to be legibly displayed in Spanish:

• Trade name;
• Description of inputs (fiber) percentage by mass in order of predominance, in accordance with Mexican Standards NMX-A-2076-INNTEX-2013 “Textiles - Chemical fibers – Generic names” and NMX-A-6938-INNTEX-2013 “Textiles – Natural fibers – Generic names and Definitions” and must use Arabic numbers from 1 to 100;
• Size (for garments and their accessories) or Measurements (for household linen);
• Care instructions;
• Country of origin;
• Responsible person for the product (on permanent or temporary labels or on its closed packaging):
• National products require manufacturer’s name, business address/fiscal address and RFC (federal taxpayers register)
• Imported products require importer’s name, business address/tax domicile and RFC

Updates include, but are not limited to:

• Scope (accessories added, list of exempted products from compliance increased)
• The use of the Taxpayer Registry Number of the manufacturer, licensee or importer, as appropriate, will become mandatory
• The option of adding labels with QR code (Quick Response Code) is included
• Will be mandatory to specify any contents from ornaments incorporated into the products regulated by the NOM when the weight of such is >5% of the total product weight.
• Fiber labeling (several new definitions were added, +/-6% tolerance for hosiery items added and more)
• Country of origin (some abbreviations accepted for use)

Stakeholders of softlines products should take note of applicable requirements in the upcoming standard.

On 16 September 2022, the Massachusetts Department of Environmental Protection published proposal (310 CMR 78.00) for the restriction of flame retardants in covered products including children’s products, bedding, carpeting, residential upholstered furniture or window treatments such as curtain materials, blinds and shades.

The proposed regulation has not mentioned the effective date yet. Eleven flame retardants or chemical analogues have been listed in 310 CMR 78.04(3); the combined total concentration of these flame retardants should not exceed 1000 parts per million in any component part of the covered products.

Details of the flame retardants or chemical analogues are listed in the below table.

On 29 September 2022, the California Governor signed bill AB 2771 Cosmetic products: safety into law which will come into effect on 1 January 2025 to restrict perfluoroalkyl and polyfluoroalkyl substances (PFAS) in cosmetic products.

The new law prohibits the manufacture, delivery, hold, sale or offer for sale in commerce of any cosmetic product that contains intentionally added PFAS.

In 2020, California banned the use of thirteen specified PFAS substances in cosmetic products via the Toxic Free Cosmetic Act. Now, California is adding an act to section 108981, 108981.5 and 108982 to the Health and Safety Code relating to public health by expanding the ban of PFAS chemicals in cosmetic products.

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

“Cosmetic products” are defined as an article for retail sale or professional use intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance.

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The United Kingdom (UK) Department for Business, Energy & Industrial Strategy Notice of Publication 0070/22 of 26 October 2022 of References to Standards for Electrical Equipment Designed for Use Within Certain Voltage Limits in Support of the Electrical Equipment (Safety) Regulations 2016 (S.I. 2016/1101).

1. Part 1 of Annex I to this notice lists additional standards as an amendment for Annex 1 to notice 0065/22, such as EN IEC 60320-1:2021, EN 60335-2-15:2016+A11: 2018+A12: 2021+A1:2021+A1:2021, EN 60335-2-21:2021+ A1:2021, EN IEC 60335-2-25:2021+A11:2021, EN 60335-2-29:2021+A1:2021, EN 60335-2-35:2016+ A1:2019+ A2:2021, EN IEC 60335-2-41:2021+A11:2021, EN 60335-2-54:2008+A11:2012+ A1:2015+A12:2021+A2:2021, EN 60335-2-61:2003+A1:2005+A2:2008+A11:2019+ A12:2021, EN IEC 60335-2-84:2021+A11:2021, EN IEC 60335-2-96:2021+A11:2021, EN IEC 60335-2-105:2021+A11:2021+ A1:2021, EN IEC 60974-8:2021, EN 61009-1:2012+ A1:2014+ A11:2015+ A2:2014+ A13:2021, EN IEC 61010-2-032:2021+A11:2021, EN IEC 61010-2-033:2021+ A11:2021, EN IEC 61010-2-040:2021, EN IEC 61010-2-091:2021+ A11:2021, EN IEC 61347-2-14:2018+ A11:2021, EN IEC 61914:2021, EN IEC 62031:2020+ A11:2021, EN 50689:2021, EN IEC 61010-2-011:2021+ A11:2021
2. Part 2 of Annex I to this notice sets out the complete list of standards in support to regulation 2A of S.I. 2016/1101.
   Annex I came into effect on 26 October 2022.
3. Part I of Annex II to this notice lists additional standards which will be removed from publication from the date set out in the table, each of these standards will not be valid on or after the date set out in respect of it, such as EN 60320-1:2001+A1:2007, EN 60335-2-15:2016+A11:2018, EN 60335-2-21:2021, EN 60335-2-25:2012+A1:2015+A2:2016, EN 60335-2-29:2004+A2:2010+A11:2018, EN 60335-2-35:2016+A1:2019, EN 60335-2-41:2003+A1:2004+A2:2010, EN 60335-2-61:2003+A1:2005+A2:2008+A11:2019, EN 60335-2-84:2003+A1:2008+A2:2019, EN 60335-2-96:2002+A1:2004+A2:2009, EN 60335-2-105:2005+A11:2010+A1:2008+A2:2020, EN 60974-8:2009, EN 61010-2-032:2012, EN 61010-2-033:2012, EN 61010-2-040:2005, EN 61010-2-091:2012, EN 61914:2016, EN 62031:2008+A1:2013+A2:2015, EN 60335-2-54:2008+A11:2012+A1:2015, EN 61009-1:2012+A1:2014+A11:2015+A2:2014, EN 61851-22:2002
4. Part 2 of Annex II to this notice sets out the complete list of standards which will be removed from publication.

As the UK harmonized standards are frequently being updated in the electronic and electrical product categories, this listing is provided to ensure stakeholders are aware when changes have been made.

The Pravilnik (ruling) approved on 28 September 2022 by the Serbian Ministry of Energy and Mining regulates Eco-design requirements for the placing on the market and putting into service of electronic displays, including televisions, monitors and digital signage displays. It enters into force on 15 October 2022 and the provisions listed shall apply from 1 March 2024.

Eco-design requirements for electronic displays included the following five aspects:

1. An Energy Efficiency requirement expressed in the form of the energy efficiency index for on-mode
2. Allowances and adjustments for the purpose of the EEI calculation and functional requirements
3. Off mode, standby and networked standby mode requirements are raised for the below conditions
1. Power demand limits of these modes
2. Availability of these modes
3. Automatic standby in televisions
4. Automatic standby in displays other than televisions
4. Material efficiency requirements on the below parts
1. Design for dismantling, recycling and recovery
2. Marking of plastic components
3. Cadmium logo
4. Halogenated flame retardants
5. Design for repair and reuse
5. Information availability requirements, including software and firmware updates

Beside Eco-design requirements, this Pravilnik also outlines testing methods and calculations for the purpose of conformity assessment.

On 23 August 2022, the French National Assembly proposed a draft law on plastics that are dangerous for the environment and human health. The draft law aims to amend the French Environmental Code on the prohibition of use of substances such as polystyrene and perfluorinated compounds in food packaging. Notable highlights include the following:

Article 1 proposes to ban polystyrene or equivalent polymers for all food packaging from 1 January 2025. The current ban of those materials under Article 541‑15‑10 (3) of the French Environmental Code that will enter into force in 2025 exempts packages that are recyclable. According to the draft law, there is no exemption of these types of packaging as they are equally harmful to human health and the environment.

Article 2 proposes to ban food packaging and containers made of perfluorinated compounds for which safety for human health has not been established. There is no longer the need to prove that the food packaging and containers made of perfluorinated compounds are safe, as they will be totally banned. This ban would be effective from 1 January 2025.

Article 3 proposes that single-use products made wholly or partly of man-made polymers shall bear a label to indicate the presence of plastics in the products and the harmful environmental effects of littering or any other inappropriate methods of disposal. The label must be affixed to the packaging or the product at the latest by 1 January 2024.

*Other Hazards include Suffocation Hazard, Microbiological Hazard, Damage to Hearing and Damage to Sight with a frequency of less than 3.

*Other Categories include Tools and Hardware, Car Components, Computer / Audio / Video / Other Electronics & Accessories, Machinery, Accessories and Home Electrical Appliances with a frequency of less than 4.

*Other Countries include Denmark, Austria, Spain, Luxembourg, Iceland, Ireland and Germany with a frequency of less than 5.

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The Japan Toy Association published a new version of the Japan Toy Safety Standard on 4 October 2022. The included updates are primarily editorial changes; no technical updates were included in this version. Revision/additions include:

1. Update of the phrase “14 years of age and under” to “under 14 years of age”
2. Rephrase of section 4.4.2. regarding small parts generated in the abuse test (drop test) for toys “36 months or more and less than 8 years old” and the obligation to display warnings
3. Removal of the material measurement at time duration “2” at section 5.19 for expanding material

These updates do not significantly affect the test requirements in the Japan Toys Safety Standard. The effective date of the new standard version will be 1 January 2023.

*Other Hazards include Damage to Sight, Burn Hazard, Choking Hazard, Entanglement Hazard, Cut Hazard and Strangulation Hazard with a frequency of less than 3.

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