octobre 2019

On August 2, 2019, the Consumer Product Safety Commission (CPSC) published a direct final rule to revise the mandatory standard for Carriages and Strollers, codified under 16 CFR part 1227. The final rule incorporated, by reference, the most recent applicable standard, ASTM F833-19. The rule will be effective on November 5, 2019.

The revision of the standard includes the following:

• For the tray/grab bar protective covering, there is a new definition, performance requirements, test method, and warning

• Under the static load test methods, “Failure to support the test weight” was added as an unacceptable condition

• Change in units for static load from force unit, lbf (N), to mass unit, lb (kg)

• Correction to the unit conversion for the head probe

On September 6, 2019, the Consumer Product Safety Commission (CPSC) published a direct final rule to revise the mandatory standard for Infant Bouncer Seats, codified under 16 CFR part 1229. The final rule incorporated, by reference, the most recent applicable standard, ASTM F2167-19. The rule will be effective on December 14, 2019.

The revision of the standard includes the requirements for the content and visibility of on-product warning labels. Here is a brief summary:

• Warning placement requirement only applies to the portions of the warning that are in English

• Warning should comply with placement location where specified

• Warning labels must address fall and suffocation hazards

On August 21, 2019, the Environmental Protection Agency (EPA) published a direct final rule to revise the formaldehyde standards for the composite wood products regulation (40 CFR 770). The final rule addresses certain technical issues and further aligns with the California Air Resources Board (CARB) Airborne Toxic Control Measures (ATCM) Phase II program. The rule was effective as of August 21, 2019.

Here are some key points for the final rule:

• No amendments for mill start-up and restarts, or the use of new or otherwise experimental resins

• Removing the requirement for annual correlations between the third-party certifier ASTM E1333 apparatus or equivalent ASTM D6007 apparatus and any other mill quality control testing method

• Allows equivalence or correlation on like-size or similar sized apparatuses

• Allows an averaging of emission test results during quarterly, non-complying lot, equivalence, and correlation testing

• Allows three equivalence testing ranges with the option to only demonstrate equivalence in the lower range if all the Third Party Certifier’s (TPC’s) certified products will meet the lower emission range

• Allows TSCA Title VI TPCs to conduct quality control testing for mills with an ASTM E1333-14 apparatus or an ASTM D6007-14 apparatus that has demonstrated equivalence

• Expands the options to allow three different methods of demonstrating correlation

• Notifications must be given when the TPC is aware of the product exceeding a third “consecutive” Quality Control Limit (QCL) check

• Amendment of No-added formaldehyde (NAF)-based resin and ultra low-emitting formaldehyde (ULEF) resin testing requirements

• Updates the Voluntary Consensus Standards ISO/IEC 17025-2005(E) and ISO/IEC 17011-2004(E) to their 2017 version

• Clarification in the non-complying lot provisions

• Labeling requirement for regulated composite wood products and finished goods containing composite wood products at the point of manufacture or fabrication, and if imported, applied to the products as a condition of importation

On July 8, 2019, the governor of Rhode Island signed HB 5119 to amend the Bedding and Upholstered Furniture Regulation, Title 23 Chapter 23-26-3.1 which increases the maximum amount of non-polymeric organohalogen flame retardant (OFR) that can be contained in residential upholstered bedding and furniture from 100 ppm to 1000 ppm.

Other key changes are summarized below:

• Clarified that only non-polymeric OFR chemicals are in the scope of requirement

• Introduced a prohibition to non-polymeric OFR containing fabric

• Introduced an exemption for internal electric and electronic components of residential upholstered furniture or bedding. There is also an exemption for residential furniture or bedding sold for use in commercial or public spaces.

• Prohibition and any related regulations shall not apply to products sold or in use prior to January 1, 2020

The prohibition will be effective on January 1, 2020.

On August 26, 2019, the governor of Illinois signed HB 2076 to amend the Environmental Protection Act to prohibit the manufacture of thermal paper that contains Bisphenol A (BPA).

Starting January 1, 2020, the new rule prohibits the use and distribution of thermal paper containing BPA in the State of Illinois. Thermal paper is used for business and banking records, receipts, credit or debit card transactions, etc. Thermal paper containing recycled materials or manufactured before January 1, 2020, is exempt from the new rule.

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 Jan 1, 2019 to Jun 30, 2019 are summarized below:

*Other Hazards include Carbon Monoxide Hazard, Crash Hazard, Death Reports, Drowning Hazard, Electric Shock Hazard, Entrapment Hazard, Explosion Hazard, Impact Hazard, Overheating Hazard, Poisoning Hazard and Shock Hazard with a frequency of less than 6.

^Other Categories include Candles & Burning Items and Accessories, Cosmetics / Bodycare, Fabric / Textile / Garment / Home Textile, Food Contact Material, Footwear, Homeware (Non-food Contact), Kitchenware and Lighting Equipment with a frequency of less than 10.

For a complete list click here

In Canada, when hazards are identified in consumer products, they will be recalled and published in the Recalls and Safety Alerts Database on the Health Canada website, which is updated daily. The Canada recalls from February 1 ,2019 to September 30,2019 are summarized below:

*Other Hazards include Allergic Hazard, Asbestos Contamination Hazard, Chemical Hazard, Corrosion Hazard, Crash Hazard, Cutting Hazard, Electric Shock Hazard, Explosion Hazard, Laceration Hazard, Lead Leakage, Microbial Hazard, Mould Contamination, Strangulation Hazard and Suffocation Hazard with a frequency of less than 12.

^Other Categories include Cosmetics / Bodycare, Food Contact Material, Home Electrical Appliances (Hair Dryer, Iron, etc.), Lighting Equipment, Outdoor / Recreational Appliance, Tools and Hardware and Toys and Childcare Articles with a frequency of less than 10.

For a complete list click here

On June 20, 2019, the European Commission published Regulation (EU) 2019/1020 on market surveillance and compliance of products to strengthen the product compliance control in the European market.

The new regulation for market surveillance includes most EU laws, focusing on but not limited to the following harmonized regulations:

• EU Regulations on medical devices and in vitro diagnostic medical devices

• Batteries Directive

• Toy safety Directive

• REACH and CLP Regulation

• Cosmetics Regulation

With the aim to reinforce the product compliance control in the European market, suppliers who are located outside of the EU (distance seller) are required to establish a representative (economic operator) in the EU to carry out the functions below in order to fulfill the obligations set under the new regulation.

• Verifying that a Declaration of Conformity has been drawn up and should be maintained in case it is requested by a market surveillance authority

• Informing the market surveillance authority if they suspect that a product does not comply

• Cooperating with the market surveillance authority

• Requiring economic operators to include the name, registered trade name or registered trademark, and contact details on the product or on its packaging, the parcel or an accompanying document

It will be illegal to sell products covered by this regulation in the EU if the representative is absent. Obligations that directly affect economic operators and non-EU distance sellers will enter into force on July 16, 2021.

In addition, market surveillance authorities in Member States are granted increased power to ensure effective market surveillance of products subject to the EU harmonized legislations. Products deemed non-compliant in one Member State shall be presumed to be non-compliant in the other Member States.

On May 15, 2019, the German Product Safety Committee (Ausschuss für Produktsicherheit, AfPS) announced a new specification for polycyclic aromatic hydrocarbons (PAHs), namely AfPS GS 2019:01 PAK under the voluntary GS Mark.

The current version of the PAHs specification, AfPS GS 2014:01 PAK will become invalid and be replaced by the new version of the standard starting July 1, 2020. Any GS Mark certifications issued before that date will continue to be valid.

Here are some key changes in the new specification.

1. Reduced the number of PAHs from 18 to 15 by removing acenaphthylene, acenaphthene and fluorene

2. Includes “articles for children up to three years of age” in the scope of Category 1, which is “Materials intended to be placed in the mouth, or materials in toys with intended long-term skin contact (> 30 seconds)”

3. Expanded the scope of Categories 2a and 3a from “Toys in the scope of Directive 2009/48/EC” to “products used by children under the age of 14”

4. Introduced an exemption for materials that are only accessible for a short period of time during basic maintenance or work extensions

5. Only PAHs in materials that have been quantified from 0.2 mg/kg are considered for the sum of the 15 PAHs limit

In July, the Indonesia National Agency of Drug and Food Control (BPOM) issued a new version of a food packaging regulation to replace the previous regulation issued in 2011. The new rule came into force on July 29, 2019. All products on the Indonesian market must be compliant with the new regulations by July 29, 2020.

According to the regulation, manufacturers are required to ensure that packaging materials do not endanger human health. The scope of the regulation covers both new and recycled materials, including plastics, inks and dyes, paper and paperboard, resins and polymer coatings, metals, ceramics, and glass.

In the regulation, a set of annexes are provided with a list of chemicals defining how different types of food contact materials are to be regulated. Any substances used in food contact materials that are not listed under the approval list are required to get BPOM approval.

Saudi Standard, Metrology and Quality Organization (SASO) announced the latest additions of technical regulations (TR) to be implemented on SABER.

According to the SABER implementation schedule introduced in August, the following technical regulations will be implemented on SABER in the near future.

Products falling under this scope will have to be registered through SABER for importing into Saudi Arabia after the following implementation dates.

October 31, 2019

1. Technical Regulation for Auto Spare Parts 2. Technical Regulation for Personal Protective Equipment and Clothing

November 30, 2019

1. Technical Regulation for Textile Products 2. Technical Regulations for Trailers and Semi-Trailers 3. Technical Regulation for Detergents 4. Technical Regulation for Photovoltaic Cells

There are currently 14 TRs currently being implemented on SABER. With the addition of the above technical regulations, there will be a total of 20 TRs on SABER as of December 1, 2019. Please refer to the December 2018 regulatory recap for details on the SABER system.