December 2017 Regulatory Update

On August 24, 2017, a new version of the toy safety standard, ASTM F963-17, was published. On September 1, 2017, the Consumer Product Safety Commission (CPSC) was notified by ASTM of the updated standard publication. (See Regulatory Recap: September 2017)

Recently, the CPSC issued the Direct Final Rule to confirm adoption of the updated standard with one exception. New text was added to the sound-producing toys test method in ASTM F963-17. However, it was considered to reduce safety because the text exempts push/pull toys from the A-weighted maximum sound pressure level requirements. Therefore, the CPSC determined that this provision should not be allowed to become part of the CPSC’s mandatory standard and no exemption is allowed.

Meanwhile, in the rule, 16 CFR 1112 was amended to include that specified sections of ASTM F963-17 are required to be subject to third party testing and, therefore, the CPSC only accepts accredited third-party conformity assessment bodies to test for those sections. Apart from that amendment, 16 CFR 1250 was added to the Code of Federal Regulations to address that toys must comply with the provisions of ASTM F963-17.

The effective date of the direct final rule to adopt the updated toy safety standard is February 28, 2018, unless significant adverse comments are received by January 3, 2018.

In the rule, multiple consensus standards have been updated, superseded or withdrawn. The key updates are summarized below:

The final rule became effective on December 11, 2017.

In the proposed bill, no person shall manufacture, process, use, distribute or dispose of any form of asbestos or article containing asbestos. This would be effective no later than 18 months after the enactment of the bill. However, exemptions can be granted if it meets the following requirements:

• The use of asbestos is necessary to protect national security interests
• No reasonable alternative to the use of asbestos exists for the intended purpose
• The use of asbestos will not result in an unreasonable risk to health or the environment

The added chemicals meet the requirements for listing purposes of Proposition 65 as known to the State of California to cause Cancer toxicity. The chemical details are provided below:

In the proposed amendment, paint or varnish stripper is defined as any product designed to break down paint, varnish or any other surface coating to facilitate its removal from any surface. It applies to products for both indoor or outdoor use.

Upon approval, manufacturers of paint or varnish stripper containing methylene chloride are required to notify the DTSC within 60 days.

The approved amendment revises the existing law to restrict flame retardants at a level above 1000 ppm in upholstered furniture, reupholstered furniture and juvenile products. The flame retardant chemicals include, but are not limited to, halogenated, phosphorous based, nitrogen based, and nanoscale flame retardants.

The implementation of the new restriction begins January 1, 2019. Meanwhile, if the product contains electrical or electronic components, the implementation will begin July 1, 2019.

The key amendments are summarized below:

• Removed Cobalt from the toxic heavy metal content restriction and updated the concentration limits as below:
  
  

  	Before amendment	After amendment
  Mercury	40 ppm	60 ppm
  Antimony	40 ppm	60 ppm
  Arsenic	40 ppm	25 ppm
  Cobalt	40 ppm	-

• Clarified the scope of cadmium restriction applies to accessible content
• Removed preemption to Federal legislation and required the County to automatically incorporate any additional metals restriction levels under Federal law on children’s products in the future
• Clarified the testing procedures in random inspections of retailers of children’s products

The amendment became effective on November 1, 2017.

In the updated safety standard, a new version of Australian/New Zealand Standard, AS/NZS 1067.1:2016 Eye and Face Protection - Sunglasses and Fashion Spectacles was adopted except for certain clauses. The transition period of the safety standard was given until July 1, 2019. Until July 1, 2019, sunglasses and fashion spectacles may comply with either the old (2003) or the new version (2016) of AS/NZS 1067.1.

In the updated safety standard, baby bath aids and any packaging shall meet the warning statement content requirements. An example is provided below:

Apart from warning content requirements, the warning statement shall be fixed permanently, verified through specific subclause in ASTM F1967-13, onto the product and located in a conspicuous place that is clearly visible.