In February 2015 the FTC requested comments on proposed changes to the FPLA and, after reviewing the comments, the following changes were finalized:
Certain states require a label that will provide information about the filling materials used in bedding and furniture products. The IABFLO has updated their guidance document for Uniform Law Labels for Bedding and Furniture. The updates include the following:
The Consumer Product Safety Commission (CPSC) proposed a direct final rule to clarify when component part testing can be used and which textile products have been determined not to exceed the allowable lead content limits under the Consumer Product Safety Improvement Act (CPSIA).
The effective date for the direct final rule published October 14, 2015 at 80 FR 61729 is delayed from December 14, 2015, until January 13, 2016 and the comment period is extended to December 14, 2015. The rule will be effective unless the CPSC receives significant adverse comments after which time they would publish notification in the Federal Register withdrawing this direct final rule before its effective date.
Summary of Amendments:
16 CFR 1109, Clarification of the Component Part RuleSubpart A of 16 CFR 1109 provides the general requirements for component part testing, and subparts B and C provide for additional conditions for specific products and requirements. The amendment clarifies that component part testing can be used for products or requirements other than those explicitly specified in 16 CFR 1109 Subpart B (lead, heavy metal and phthalates content in paint and substrate) and Subpart C (composite testing).
The amendment also brings two other provisions of the component part rule up to date.
Updates the Toy standard reference to ASTM F963-11 from ASTM F963-08 in section 1109.11 (a).
Section 1109.13 addresses when a certifier may rely on component part testing for phthalates in children's toys and child care articles. The amendment adds a reference to the Commission's guidance concerning inaccessible component parts (16 CFR part 1199). This change will make the provision concerning phthalates (section 1109.13) consistent with the provision concerning lead (section 1109.12) and will help certifiers understand which components are inaccessible and do not need to be tested for phthalate content.
16 CFR 1500.91, Clarification of the Textile Lead DeterminationCPSIA Section 101(a) provides that products designed or intended primarily for children ages 12 and younger may not contain more than 100 ppm of lead. A determination by the CPSC in 16 CFR 1500.91 that a material or product does not contain a lead level that exceeds 100 ppm relieves the material or product from the third party testing requirement.
Section 1500.91(d)(7) states that such a determination (exemption) applies to “textiles (excluding after-treatment applications, including screen prints, transfers, decals, or other prints) consisting of [various fibers].” Thus, the rule determined that dyes and dyed textiles do not contain lead. This rule clarifies that “other prints” referred only to those after-treatment applications that use non-dye substances, in which the non-dye substances do not become part of the fiber matrix but remain a surface coating, could contain lead, and are subject to the testing required under the CPSIA for children's products.
To read more, click here.
Significant New Use Rule for Hexabromocyclododecane and 1,2,5,6,9,10-HexabromocyclododecaneThe U.S. Environmental Protection Agency (EPA) promulgated a significant new use rule (SNUR) under the Toxic Substances Control Act (TSCA) for two chemical substances collectively referred to as ‘‘HBCD’’ subject to reporting, which are identified as (1) hexabromocyclododecane (CASRN 25637-99-4) and (2) 1,2,5,6,9,10-hexabromocyclododecane (CASRN 3194-55-6). The significant new use is for consumer textiles, other than for use in motor vehicles.
The final rule, 40 CFR 721, came into force on November 23, 2015.
To read more, click here.
FDA Issues Draft Guidance on EMC of Electrically-Powered Medical DevicesOn November 2, 2015, the U.S. Food and Drug Administration (FDA) issued a draft guidance document entitled “Information to Support a Claim of Electromagnetic Compatibility (EMC) of Electrically-Powered Medical Devices.” This document describes the types of information that should be provided to support a claim of electromagnetic compatibility (EMC) in a premarket submission for an electrically powered medical device. For the purpose of this document, EMC is defined as the ability of a device to function (a) properly in its intended electromagnetic environment, including immunity to electromagnetic disturbance (interference), and (b) without introducing excessive electromagnetic disturbances (emissions) that might interfere with other devices.
According to this guidance document, a claim of EMC for a device should be accompanied by the information listed below:
FDA welcomes comments and suggestions on this draft through mid-December.
This draft guidance is not final nor is it in effect at this time.
To read more, click here.
CPSC Opens Comment Period on Proposed Extensions of Collection of InformationThe Consumer Product Safety Commission (CPSC) is looking to renew the recordkeeping requirements (Collection of Information) for the regulations listed below. As required by the Paperwork Reduction Act, the CPSC must request comments in regards to the proposed extensions of the collection of information. The CPSC is specifically looking for feedback relevant to the following topics:
The Consumer Product Safety Commission (CPSC), as required under the Danny Keysar Child Product Safety Notification Act, Section 104 of CPSIA, has issued proposed safety standards for the following durable infant and toddler products. All manufacturers will be subject to third party testing and certification requirements. The rules will become effective six months after publication in the Federal Register for products manufactured or imported on or after that date.
Mexico’s Consumer Protection Federal Agency (PROFECO) hosted the third North America Consumer Product Safety Summit in Mexico City on November 18 and 19. PROFECO was joined by the Consumer Product Safety Commission (CPSC) and Health Canada, representing product safety interests in the United States and Canada respectively. The Summit provides an opportunity for the three national consumer product safety regulators to evaluate their progress under the North America Cooperative Engagement Framework (CEF), a mechanism established during the first North America Summit to enhance collaboration on consumer product safety.
Since the last Summit in 2013, the cooperative efforts of the three government product safety organizations have resulted in:
During the Summit, several additional areas of focus were identified to further enhance the cooperative efforts among the regulators including:
The regulators from the three jurisdictions will continue to work together to further the objectives under the CEF and have scheduled the next Summit for 2018.
Updates of ASTM StandardsBelow is a summary of recently updated ASTM standards
CPSIA / CFR Reference | ASTM Standard No. | ASTM Standard |
16 CFR Part 1231 (Proposed Rule) | ASTM F404-15 | Standard Consumer Safety Specification for High Chairs Covers the performance requirements and methods of test to ensure the satisfactory performance of the high chair and high chairs created by using a high chair conversion kit and component(s) from another product. |
Durable Nursery Goods with no CPSIA rule yet | ASTM F1004 - 15a | Standard Consumer Safety Specification for Expansion Gates and Expandable Enclosures Covers minimum safety performance requirements, test methods, and requirements for labelling and instructional material to minimize hazards to young children resulting from the normal use and reasonably foreseeable misuse and abuse of expansion gates and expandable enclosures. |
16 CFR Part 1223 | ASTM F2088 - 15 | Standard Consumer Safety Specification for Infant Swings Covers safety performance requirements, test methods, and labelling requirements to minimize the hazards to infants presented by swings. |
16 CFR Part 1229 (Proposed Rule) | ASTM F2167-15 | Standard Consumer Safety Specification for Infant Bouncer Seats Covers the establishment of requirements, test methods, and marking requirements to promote safe use of infant bouncer seats. |
Durable Nursery Goods with no CPSIA rule yet | ASTM F2907 - 15 | Standard Consumer Safety Specification for Sling Carriers Covers performance requirements, test methods and marking requirements to promote safe use of sling carriers. |
Rockland and Albany Counties in New York State have agreed to postpone the enforcement of their Toxic Free Toys Acts (TFTA) until 2016. The stays will give both counties time to develop and implement their regulations in line with existing federal laws. Albany County has already been challenged with litigation in part due to the fact that their TFTA includes chemical restrictions that pre-empt federal law. Rockland County has agreed to a stay to avoid similar litigation. Both Suffolk and Westchester Counties in New York have similar TFTAs scheduled to go into effect during 2016.
For retailers, distributors, and manufacturers of products intended for children age 12 and younger, the TFTAs present new compliance challenges as they set limits and/or bans for chemicals of concern, with certain exclusions, that are more restrictive than current federal requirements for these products. Additionally, the pending 2016 enforcement dates coupled with the uncertainty of how the final, enforceable laws will be written, leaves companies with many questions as to how they can reasonably ensure their products will be compliant by the enforcement dates. Additionally, the possibility remains that any or all of these laws may never go fully into effect or may be further pre-empted by pending children’s product laws at the New York State level. A summary of the current County TFTAs may be found in the table below:
Albany | Enforcement date is 1/12/2016 however County has agreed to stay enforcement until 6 months after pending lawsuit is resolved | Lead, Cadmium, Mercury, Antimony, Arsenic, Cobalt and Benzene are banned | $500 for 1st violation. $1000 for each subsequent violation. Each Violation shall constitute a separate offense. |
Rockland | Enforcement date was 10/12/2015 however County has agreed not to enforce until 1/1/2016 | Lead, Cadmium, Mercury, Antimony, Arsenic, Cobalt and Benzene are banned | $500 for 1st violation. $1000 for each subsequent violation. Each Violation shall constitute a separate offense. No penalties shall be imposed until County has made make a good-faith effort to issue a warning and educate the alleged violator. |
Suffolk | Retailers notified beginning January 2016 and must not knowingly sell product in violation beginning July 2016. Random inspections of retailers beginning December 2016 including on-site testing with an XRF analyzer. | Total content limits established for Lead, Cadmium, Mercury, Antimony, Arsenic, and Cobalt | $500 for 1st violation, $1000 for each subsequent violation, subject to hearing. Additionally County is authorized to order removal of all stock in violation. |
Westchester | 5/14/2016 | Lead, Cadmium, Mercury, Antimony, Arsenic, Cobalt, Benzene and Formaldehyde are banned | Violations shall be in accordance with provisions of Chapter 182 and Chapter 277 Article VIII |
Texas Senate Bill 202 became effective on September 1, 2015 stating that the Department of State Health Services (DSHS) will no longer issue or renew any Bedding law licenses. Manufacturers that were using a Texas Uniform Registry Number (URN) as their registration number will need to obtain a URN from a different state.
California Proposition 65 Updates:OEHHA Notice of Intent
The Office of Environmental Health Hazard Assessment (OEHHA) has issued a notice of intent (NOI) to list Pentachlorophenol (CAS #87-86-5) which includes Pentachlorophenol, sodium salt as a Proposition 65 carcinogen.
OEHHA Proposed Rulemaking - LeadThe Office of Environmental Health Hazard Assessment (OEHHA) has initiated rulemaking to update the existing Maximum Allowable Dose Levels (MADL) for exposure to Lead as a reproductive toxicant. This action is in response to a petition by the Center for Environmental Health (CEH).
The current MADL for Lead is 0.5 micrograms per day, which was established in 1989. The proposed MADL for Lead in this pre-regulatory draft proposal is based on the frequency and the length of exposure:
OEHHA has received 12 written comments on the proposed changes and will be taking them into account when determining next steps.
OEHHA Latest Changes to Proposed WebsiteThe Office of Environmental Health Hazard Assessment (OEHHA) proposed a new website that would provide supplemental information to the public relative to the warnings provided for potential exposures to Proposition 65 listed chemicals. The intent is to allow the public to make informed choices concerning those exposures. The proposed website was first revised in May of 2015 and has been revised a second time. The current revisions address the following:
The revisions did not address the main concerns in the comments that were received to either drop the proposal altogether, or eliminate the requirement that a business must submit information at OEHHA’s request.
OEHHA Proposes Default Levels for Determining Lead and Arsenic in Certain FoodsThe California Code of Regulations Title 27, section 25501 addresses that food for human consumption shall not constitute an “exposure” to California Proposition 65 listed chemicals unless the exposure is due to chemicals that are naturally occurring in the food. Currently the regulation allows a defendant, in determining the amount of a listed Proposition 65 contaminant in a food product, to deduct the amount that is naturally-occurring as a result of absorption or uptake from the soil in which it is grown.
The Office of Environmental Health Hazard Assessment (OEHHA) has proposed default naturally-occurring levels for the following foods:
The above amounts would be subtracted from the measured level of the contaminant in the food product for purposes of determining the exposure level of the chemical to the consumer.
California Attorney General Kamala Harris Introduces Proposition 65 Changes to Curb Frivolous LawsuitsCalifornia State Attorney General Kamala Harris has introduced a series of regulatory changes to Proposition 65 in an effort to help ensure that a greater share of civil penalties paid as a result of related litigation are directed towards protecting the public health in the original spirit of the law. Written comments were accepted by the State Department of Justice through November 9, 2015 after which a public hearing was held. The proposed changes are in four key areas:
In 1986, California voters approved an initiative, California Proposition 65, to address their growing concerns about exposure to toxic chemicals. Since its origin, there have been many lawsuits which have resulted in reformulations of consumer products containing carcinogenic and reproductively harmful chemicals on the Cal Prop 65 list.
Recent settlements from Q4 of 2015 include the following:
Source | Chemical | Limits | |
Vinyl/PVC Headphones | DEHP, DBP, BBP, and DINP | Less than 1000 ppm DEHP, DBP, BBP, and DINP | |
Earbud Cords | DEHP, BBP, and DBP | Less than 1000 ppm DEHP, DBP, and BBP | |
Nylon Cooking Utensils | 4,4'-Methylenedianiline | Less than or equal to 200 ppm 4,4'-Methylenedianiline and Less than or equal to 10ug/L 4,4'-Methylenedianiline when leached. | |
Cooking Utensils with Vinyl/PVC Grips | DEHP, DBP, BBP, and DINP | Less than 1000 ppm DEHP, DBP, BBP, and DINP in each accessible component. | |
Vinyl/PVC Toiletry Bags | DEHP, DBP, BBP, and DINP | Less than 1000 ppm DEHP, DBP, BBP, and DINP in each accessible component. | |
Cosmetic Cases | DEHP, DBP, BBP, and DINP | Less than 1000 ppm DEHP, DBP, BBP, and DINP in any accessible component (plastic, PVC, or vinyl component that can be touched). | |
Sewing Kits with Vinyl/PVC Handles | DEHP | Less than 1000 ppm DEHP in each accessible component. | |
Children's Play Tents | Tris(1,3-dichloro-2-propyl) phosphate (TDCPP), Tris (2-chloroethyl) phosphate (TCEP), and Tris (2, 3-dibromopropyl) phosphate (TDBPP) | Cannot manufacturer, distribute, or sell a Children's Play Tent that contains any of the listed chemicals. | |
Vinyl/PVC Gloves | DEHP | No more than 1000 ppm DEHP in any component. | |
Vinyl/PVC Gloves | DINP | Less than or equal to 1000 ppm DINP in any component. | |
Vinyl/PVC Handheld Exercise Weights | DEHP | No more than 1000 ppm DEHP | |
Wallets, Handbags, Purses, and Clutches | Lead | "Materials or components with the following:Paint or other Surface Coating: Less than or equal to 90 ppm. | |
Polyvinyl Chloride (PVC): Less than or equal to 200 ppm. | |||
All other materials or components other than cubic zirconia, crystal, glass or rhinestones Less than or equal to 300 ppm. | |||
Vinyl/PVC Garment Bag Shoulder Strap Pads and Vinyl/PVC Golf Club Head Covers | Lead and DEHP | Maximum of 90 ppm Lead and 1000 ppm DEHP | |
Wine Clutch | DEHP | Less than or equal to 1000 ppm DEHP in any component. | |
Glass Jars with Exterior Designs | Lead | Less than or equal to 90 ppm lead by Method EPA 3050B and Less than or equal to 1.0ug Lead by Method NIOSH 9100. | |
Tablet Cases | DEHP | Less than 1000 ppm DEHP in each accessible component. | |
Soaps and Shampoos | Coconut oil diethanolamine condensate (cocamide diethanolamine) | Cannot manufacturer, distribute, or sell soaps and shampoos that contain intentionally added cocamide diethanolamine. | |
Hand tools | DEHP | No more than 1000 ppm DEHP. | |
Vinyl/PVC Tools | DEHP, DBP, BBP, and DINP | Less than 1000 ppm DEHP, DBP, BBP, and DINP in any accessible component (plastic, PVC, or vinyl component that can be touched). | |
Book covers with Vinyl/PVC components | DEHP, DBP, BBP, and DINP | Less than 1000 ppm DEHP, DBP, BBP, and DINP in each accessible component. | |
Hair Brushes with Vinyl/PVC Components | DEHP | No more than 1000 ppm DEHP in any accessible component. | |
Footwear | DEHP and DBP | Less than or equal to 1000 ppm DEHP and DBP. | |
Vinyl/PVC Booster Cables | DEHP | Less than or equal to 1000 ppm DEHP in any accessible component. | |
Stools with Vinyl/PVC upholstery | DEHP | Less than or equal to 1000 ppm DEHP in any accessible component. | |
Vinyl/PVC Electrical Tape | DEHP, DBP, BBP, and DINP | Less than 1000 ppm DEHP, DBP, BBP, and DINP. |
In addition, a list of recent 60 day notices for Q4 of 2015, inclusive of the chemicals and products under scrutiny, can be viewed in this chart.
Chemical | Product / Source | Number of Notices |
4,4'-Methylenedianiline | Nylon Cooking Utensils | 1 |
Acetaldehyde, Formaldehyde Gas | Electronic Cigarette Devices | 2 |
Acrylamide | Ready to Eat Breakfast Cereals | 1 |
Benzo[a]anthracene, Benzo[a]pyrene, Benzo[b]fluoranthene, Benzo[k]fluoranthene, Chrysene | Tire Swings | 1 |
Benzophenone | Sunscreen | 1 |
Cadmium | Cacao Powder or Bars | 5 |
Cadmium, Lead | Oysters | 4 |
Coconut oil diethanolamine condensate | Shampoo | 1 |
Shaving Cream | 1 | |
Di(2-ethylhexyl)phthalate (DEHP) | Archery Bows with Vinyl/PVC Grips | 1 |
Automobile Accessories | 2 | |
Backpacks | 1 | |
Bags with Vinyl/PVC Components | 2 | |
Bath Mats | 1 | |
Bike Storage Hooks | 1 | |
Commercial Vehicle Seats with Vinyl/PVC Upholstery | 1 | |
Crimpers w/Vinyl Grips | 2 | |
Cup Holders | 1 | |
Door Handle | 1 | |
Exercise Armbands with Vinyl/PVC Straps | 1 | |
Eyeshadow Compacts with Vinyl/PVC Components | 1 | |
Fish Cooking Tools | 1 | |
Gloves with Vinyl/PVC Components | 3 | |
Gripper Pads | 1 | |
Grooming Accessories | 1 | |
Hand Tools | 6 | |
Headphones with Vinyl/PVC Components | 3 | |
Icemaker Connector | 1 | |
Inflatable Ring Cushions with Vinyl/PVC Air Valves | 1 | |
Pencil Case/Bag | 1 | |
Keychains with Vinyl/PVC Components | 1 | |
Kitchen Tools | 3 | |
Password Log Book | 1 | |
Piping Bag/ Cake Decorating Kit | 1 | |
Placemats | 1 | |
Portable Speaker Cases with Vinyl/PVC Cords | 1 | |
PVC Coated Fencing Products | 2 | |
PVC Coated Utility Hook | 3 | |
PVC Rainwear | 6 | |
PVC Storage Cases | 1 | |
PVC-Coated Utility Hooks | 4 | |
Rubber Handle/Selfie Stick | 1 | |
Sink Mats | 1 | |
Sprayers with Vinyl/PVC Tubing | 2 | |
Steering Wheel Cover | 2 | |
Stethoscopes with Vinyl/PVC Tubing | 1 | |
Stools with Vinyl/PVC Components | 1 | |
Suction Hooks | 1 | |
Suit Storage Bag | 1 | |
Vinyl Envelopes | 2 | |
Vinyl Tape | 2 | |
Vinyl/PVC Audio Cables | 1 | |
Vinyl/PVC Bags | 1 | |
Vinyl/PVC Bar Stool Covers | 1 | |
Vinyl/PVC Bicycle Handle Grips | 2 | |
Vinyl/PVC Can Openers | 1 | |
Vinyl/PVC Coated Locks | 1 | |
Vinyl/PVC Cord Protectors | 1 | |
Vinyl/PVC Cosmetic Bags | 1 | |
Vinyl/PVC Dustpan Grips | 1 | |
Vinyl/PVC Earphone Cords | 1 | |
Vinyl/PVC Exercise Equipment Hand Grips | 1 | |
Vinyl/PVC Extension Cords | 1 | |
Vinyl/PVC Gloves | 1 | |
Vinyl/PVC Handheld Exercise Weights | 2 | |
Vinyl/PVC Headphone Components | 1 | |
Vinyl/PVC Jackets | 2 | |
Vinyl/PVC Luggage Tags | 1 | |
Vinyl/PVC Manicure Cases | 1 | |
Vinyl/PVC Portfolio Covers | 1 | |
Vinyl/PVC Power Cords | 1 | |
Vinyl/PVC Toiletry Bags | 2 | |
Vinyl/PVC Tool Grips | 6 | |
Vinyl/PVC Tool Pouches | 2 | |
Vinyl/PVC Tubing | 2 | |
Walkers with Vinyl/PVC Seat Upholstery | 1 | |
Waterproof Vinyl Tarp | 1 | |
Window Decorations | 1 | |
Wine Boxes with Vinyl/PVC Handles | 1 | |
Di(2-ethylhexyl)phthalate (DEHP), Di-isodecyl phthalate (DIDP), Diisononyl phthalate (DINP) | ID Badge Holders | 1 |
Di(2-ethylhexyl)phthalate (DEHP), Diisononyl phthalate (DINP) | Gloves; Ear Plugs | 1 |
Hose | 1 | |
Hose Reel | 1 | |
Toilet Seats | 1 | |
Vinyl/PVC Exercise mats | 1 | |
Vinyl/PVC Gloves | 1 | |
Di(2-ethylhexyl)phthalate (DEHP), Lead | Hearing Protection with Vinyl/PVC Components | 1 |
PVC Product Cases | 2 | |
PVC/Vinyl Rainsuits | 3 | |
Di(2-ethylhexyl)phthalate (DEHP), Tris(2-chloroethyl) phosphate | PVC Rainwear | 1 |
Di-isodecyl phthalate (DIDP), Diisononyl phthalate (DINP) | Deck Sprayer | 2 |
World Paper Rolled Map | 1 | |
Diisononyl phthalate (DINP) | Coaxial Cable | 1 |
Decorative Plastic Fruit | 1 | |
Drawer Liners | 1 | |
Extension Cord | 1 | |
Eyelash Curler Grips | 1 | |
Hand Tools | 2 | |
Hand Tools with Vinyl Grips | 1 | |
Lanyard | 1 | |
USB Cable | 1 | |
Vinyl Sauna Suites | 1 | |
Vinyl/PVC Gloves | 5 | |
Di-n-butyl phthalate (DBP) | Footwear | 1 |
Formaldehyde (gas) | Electronic Cigarette Devices | 1 |
Lead | Backpacks Made with Leather | 2 |
Belts Made with Leather | 1 | |
Brass Boilers | 1 | |
Brass Couplers | 1 | |
Brass Door Knocks | 1 | |
Brass Numbers | 1 | |
Brass Replacement Closet Rings | 2 | |
Brass Sprinklers | 1 | |
Canned Crabmeat | 1 | |
Cap Nuts | 1 | |
Ceramicware with Exterior Designs | 1 | |
Chocolate Peanut Butter Bar | 9 | |
Clothing Made with Leather, Vinyl or Imitation Leather Materials | 2 | |
Copper Tubing Kits | 1 | |
Dried Seafood | 1 | |
Dried Seaweed Snack Foods | 3 | |
Dried Shrimp | 1 | |
Footwear Made With Leather, Vinyl or Imitation Leather Materials | 3 | |
Ginger Powder | 1 | |
Glass Oil and Vinegar Bottles with Exterior Designs | 1 | |
Ground Ginger | 1 | |
Ground Spices - Cumin | 1 | |
Hose & Adaptors | 1 | |
Jam, Marmalade and Preserves Containing Ginger | 2 | |
Measuring Tape | 1 | |
Mops with Painted Handles | 1 | |
Nylon Tubing Kits | 1 | |
Painted Metal Clamps | 1 | |
Pry Bars | 1 | |
Push Buttons | 1 | |
Replacement Faucet Hoses | 1 | |
Retainer Rings | 1 | |
Seasoning Powders | 1 | |
Seaweed | 1 | |
Sesame seeds | 1 | |
Slip Joint Nuts | 1 | |
Sprinkler Heads | 1 | |
Topical Skin Care Products Containing Zinc Oxide as an Active Ingredient | 1 | |
Torches | 1 | |
Truck Battery Bolt | 1 | |
Wallets, Handbags, Purses and Clutches Made with Leather, Vinyl or Imitation Leather Materials | 2 | |
Whole Cinnamon, Whole Ginger | 1 | |
Lead and lead compounds | 22 Caliber Cartridges | 1 |
Brass Plumbing Fittings | 5 | |
Canned Mussels | 1 | |
Ceramic Pitchers | 1 | |
Curry Powder | 1 | |
Dietary Supplements | 20 | |
Dried Seafood | 1 | |
Dried Shrimp | 1 | |
Propane Torch | 1 | |
PVC Light Window Sculpture | 1 | |
Seaweed | 10 | |
Slotted Blade Carpet Knife | 1 | |
Turmeric Powder | 2 | |
Nicotine | Electronic Cigarette Devices | 1 |
Tris(1,3-dichloro-2-propyl) phosphate (TDCPP) | Children's Play Tents | 1 |
Cushions with Foam Padding | 1 | |
Tris(2-chloroethyl) phosphate | PVC Rainwear | 1 |
Products Containing Mercury Regulations (SOR/2014-254) under the Canadian Environmental Protection Act came into force on November 8, 2015. Any determination of total quantity of mercury made for the purposes of these Regulations must be conducted by a Canadian accrediting body under the International Organization for Standardization standard ISO/IEC 17025:2005 or by a laboratory that is accredited under the Environment Quality Act, R.S.Q., c. Q-2.
The regulations cover all products containing mercury with the exception of:
Products containing mercury can only be manufactured or imported in Canada if:
Permits can be applied for the product if evidence can be provided that there is no technically or economically feasible alternative or substitute. A permit is valid for 3 years after which point it has to be renewed and a label must be attached to the product including information as specified in the regulation.
On October 14, 2015, Brazil's National Institute of Metrology, Quality and Technology (INMETRO) issued Administrative Rule No. 517, 2015, which modifies the conditions regulating the marketing of pacifiers, baby bottles and nipples.
The customisation of these products is now defined as changing the product features from the original certified product, through the adhesion of small parts, such as crystals, pearls, and beads that are generally fixed by glue or adhesives; painting of decorative elements; and alteration of the colour of the product.
Considering the existence of these customisation practices and the potential choking hazards arising from aspiration or ingestion of small parts added to products through subsequent modification, INMETRO prohibits the manufacture, importation, distribution and marketing of these customised children's products in the territory of Brazil.
The rule entered into force on 15 October 2015.
Effective August 24, 2015, the 2014 revisions of EN 14682 are harmonised under the General Product Safety Directive. EN 14882:2014 covers all children’s clothing including disguise costumes and ski-wear intended to be worn by children up to the age of 14 years. However, it does not apply to child use and child articles, neckties, footwear, gloves, hats, scarves, purses, belts (when sold separately), braces and religious clothing.
The major changes are highlighted below:
Clause No. | Requirements | Garments worn from waist down without shoulder straps, braces, or sleeves; such as trousers, shorts, skirts, briefs, bikini bottoms | Other Garments such as shirts, coats, dresses, and dungarees |
3.4.1 (a) 3.4.2 (a) |
Free ends of drawstrings | < 20 cm | < 14 cm |
3.4.1 (b) 3.4.2 (b) |
Protruding loops | No free ends | |
Toggles | Must be fixed to the garment | ||
3.4.1 (c) 3.4.2 (c) |
Functional cords | < 20 cm | < 14 cm |
3.4.1 (d) 3.4.2 (d) |
Decorative cords | < 14 cm including any embellishment | |
3.4.3 | Adjusting tabs in waist area | < 14 cm | |
3.4.4 - 3.4.6 | Tied belts/sashes | < 36 cm from point at which intended to be tied |
To read more, click here.
ISO Publishes Revised EN ISO 12312-1:2013 +A1:2015 Standard for SunglassesThe International Organization for Standardization (ISO) has published revisions to the standard ISO 12312-1:2013 - Eye and Face Protection - sunglasses and related eyewear Part 1: Sunglasses for general use, which is harmonised under Personal Protective Equipment (PPE) Directive 89/686/EEC. The amended standard, published as EN ISO 12312-1:2013 +A1:2015, is expected to be harmonised under the PPE directive in the future.
The main changes to the standard are:
Scope (Section 3) has been deleted and substituted with the following:
"This part of ISO 12312 is not applicable to related eyewear, such as:
5.2 Transmittance and filter categories
Delete the following sentence:
"Unless the filter is one of the following, category 0 shall not be claimed:
- a filter for which specific protection against any part of the solar spectrum is claimed;
- a photochromic filter in its faded state."
5.3.2.1 General
Delete "the following three requirements" and substitute "the following two requirements".
7.6 Impact resistance of the filter, strength level 2 or 3 (optional specification)
Insert an additional sentence before the note as follows:
"If this requirement is met, testing according to 7.1 (minimum robustness) is not necessary."
To read more, click here.
New Chemical Requirements in Effect under EU Toy Safety DirectiveAs of December 21, 2015, Bisphenol A and three flame retardants are restricted under published Directives 2014/79/EU and 2014/81/EU in the Official Journal, amending the Toys Safety Directive 2009/48/EC.
The below table summarizes the new requirements:
Substance | CAS No. | Scope | Limit value | Citation | |
Bisphenol A | 80-05-7 |
(1) toys intended for use by children under 36 months or; (2) other toys intended to be placed in the mouth |
≤ 0,1 mg/l (migration limit) in accordance with the methods in EN 71-10:2005 and EN 71-11:2005.’ | Directive 2014/81/EU | |
TCEP | 115-96-8 | ≤ 5 mg/kg | Directive 2014/79/EU | ||
TCPP | 13674-84-5 | ≤ 5 mg/kg | |||
TDCP | 13674-87-8 | ≤ 5 mg/kg |
In addition, as of December 14, 2015, amendments of the Toy Safety Directive 2009/48/EC to adopt specific limit values for six chemicals as listed below are in effect.
Substance | CAS No | Limit value | Effective Date(s) | Source |
1,2-Benzisothiazol-3(2H)-one | 2634-33-5 | 5 mg/kg (content limit) | December 14, 2015 | Directive (EU) 2015/2116 |
reaction mass of: 5-chloro-2- methyl-4-isothiazolin-3-one [EC no. 247-500-7] and 2-methyl-2H -isothiazol-3-one [EC no. 220-239-6] (3:1) | 55965-84-9 | 1 mg/kg (content limit) in aqueous toy materials | December 14, 2015 | Directive (EU) 2015/2117 |
5-Chloro-2-methyl-isothiazolin-3(2H)-one | 26172-55-4 | 0.75 mg/kg (content limit) in aqueous toy materials | December 14, 2015 | |
2-methylisothiazolin-3(2H)-one | 2682-20-4 | 0.25 mg/kg (content limit) in aqueous toy materials | December 14, 2015 | |
Formamide | 75-12-7 | 20 μg/m3 (emission limit) after a maximum of 28 days from commencement of the emission testing of foam toy materials containing more than 200 mg/kg (cut-off limit based on content) | December 14, 2015 | Directive (EU) 2015/2115 |
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New EN 71-5:2015 for Chemical Toys (Sets) other than Experimental Sets PublishedOn November 13, 2015, EN 71-5:2015 for Chemical Toys (Sets) other than Experimental Sets was published replacing the EN 71-5:2013 edition. This 2015 version of the standard is harmonised under the Toy Safety Directive 2009/48/EC. Any conflicting national standards shall be withdrawn by 31 May, 2016 at the very latest.
The major changes in the standard are highlighted below:
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On August 7, 2015, The Bureau of Indian Standards (BIS) released a notice in the Gazette of India to extend the implementation date for six product categories covered by the “Electronics and IT Goods (Requirements for Compulsory Registration) Order, 2012”, in Gazette of India on November 13, 2014.
Industry stakeholders have sought more time for compliance to the Order and have had discussions with the regulatory body, BIS, regarding the smooth implementation of this Order. As a result, the date of implementation of the Order was extended to December 1, 2015 for the selected products in below table:
Product Category Number | Product | Indian Standard Number | Title of Indian Standard |
16 | Power Adaptors for IT Equipment | "IS 13252 (Part-1):2010" | Information Technology Equipment - Safety - General Requirements |
17 | Power Adaptors for Audio, Video and Similar Electronic Apparatus | IS 616:2010 | "Audio, Video and Similar Electronic Apparatus - Safety Requirements " |
18 | UPS / Invertors of rating < 5kVA | "IS 16242 (Part-1):2014" | General and Safety Requirements for UPS |
19 | DC or AC Supplied Electronic Controlgear for LED Modules | "IS 15885 (Part-2/Sec 13):2012 " | Safety of Lamp Controlgear Part 2 Particular Requirements Section 13 D.C. or A.C. Supplied Electronic Controlgear for LED Modules |
20 | Sealed Secondary cells / Batteries containing Alkaline or other non-acid Electrolytes for use in portable applications | IS 16046:2012 | Secondary Cells and Batteries containing Alkaline or other non-acid Electrolytes - Safety Requirements for Portable sealed secondary cells, and for Batteries made from them, for use in Portable Applications |
22 | Fixed General Purpose LED luminaires | "IS 10322 (Part-5/Sec 1):2012 " | Luminaries Part 5 Particular Requirements Section 1 Fixed General Purpose Luminaries |
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Hong Kong Proposes Updates to the Safety Standards for Toys and Children’s ProductsThe Hong Kong Special Administrative Region (HKSAR) Government proposed adopting up-to-date safety standards promulgated by the relevant standards institutions for toys and some children’s products listed in Schedule 2 (“Schedule 2 products”) under the Toys and Children’s Products Safety Ordinance (Cap. 424) (“the Ordinance”). Comments on the proposal were accepted through December 1, 2015.
The specified standards for toys and for four classes of Schedule 2 products have been revised to new versions noted below:
Toy standards | ||
1 | New | ISO 8124-5:2015 Safety of toys - Part 5: Determination of total concentration of certain elements in toys |
2 | Updated to | BS EN 71-1:2014 Safety of toys - Part 1: Mechanical and physical properties |
3 | Updated to | BS EN 71-3:2013+A1:2014 Safety of toys - Part 3: Migration of certain elements |
4 | New | BS EN 71-14:2014 Safety of Toys - Part 14: Trampolines for domestic use |
Schedule 2 Product Standards | ||
1 | Updated to | AS 2432:2015 Babies’ dummies |
2 | Updated to | BS EN 1466:2014 Child use and care articles - Carry cots and stands - Safety requirements and test methods |
3 | Updated to | ASTM F404-14a Standard Consumer Safety Specification for High Chairs |
4 | Updated to | BS EN 71-3:2013+A1:2014 Safety of toys - Part 3: Migration of certain elements |
To read more, click here.
This summary is not intended to be exhaustive nor should it be construed as legal advice.
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