2019 YEAR IN REVIEW: CONSUMER PRODUCTS REGULATORY UPDATE - December 10, 2019
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2019 YEAR IN REVIEW: CONSUMER PRODUCTS REGULATORY UPDATE December 10, 2019
AGENDA
01 U.S. Federal Updates
02 Canada Updates
03 EU Updates
04 Recall Analysis
2
© Intertek 2018. All Rights Reserved.
01 U.S. UPDATES
U.S. – CPSC: SPANDEX POSSIBLE EXEMPTIONS FROM TESTING FOR THE
FLAMMABILITY OF CLOTHING TEXTILES
• CPSC is considering changes to the Standard for the Flammability of Clothing Textiles to reduce the
costs and burdens associated with these requirements. One specific possibility that industry
members have suggested is to add spandex to the list of fabrics in 16 CFR 1610.1(d)(2) that are
exempt from the testing requirements in the standard. In addition, possible updates to the
equipment and procedures specified in the standard may reduce the burdens associated with the
testing requirements.
Additional Possible Changes to the Standard:
• Availability and Specifications of Stop Thread
• Refurbishing (Dry-Cleaning and Laundering)
• Test Result Codes
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© Intertek 2019. All Rights Reserved.
CPSC PROPOSES TO EXEMPT UNFINISHED MANUFACTURED FIBERS FROM
PHTHALATES AND ASTM F963 HEAVY ELEMENTS TESTING REQUIREMENTS
On October 9, 2019, the CPSC issued a NPR to promulgate 16 CFR 1253 to exempt certain unfinished
manufactured fibers from the 16 CFR 1307 phthalate content requirement and the ASTM F963 soluble
elements testing requirements
The effective date is proposed to be 30 days from the publication of the rule once finalized.
The commission defines Unfinished Manufactured Fibers in the proposed rule as “one that has no
chemical additives beyond those required to manufacture the fiber,” such that the unfinished
manufactured fiber is free of any chemical additives added to impart color or other desirable properties,
such as flame retardancy.
Deadline for public comment on the proposed rule is December 23, 2019.
5
© Intertek 2019. All Rights Reserved.
CPSC PROPOSES TO EXEMPT UNFINISHED MANUFACTURED FIBERS FROM
PHTHALATES AND ASTM F963 HEAVY ELEMENTS TESTING REQUIREMENTS
The NPR proposes to exempt the accessible component parts of toys and child care articles from the
following testing requirements for the specified unfinished manufactured fibers:
ASTM F963 soluble elements for children’s toys Phthalate content per 16 CFR 1307 for children’s
made from: toys and child care articles made from:
• Nylon • Polyester (polyethylene terephthalate, PET)
• Polyurethane (Spandex) • Nylon
• Viscose rayon • Polyurethane (Spandex)
• Acrylic • Viscose rayon
• Modacrylic • Acrylic
• Natural rubber latex • Modacrylic
• Natural rubber latex
© Intertek 2019. All Rights Reserved. 6U.S. – CPSC APPROVES UPDATES TO 16 CFR 1130 CONSUMER REGISTRATION
OF DURABLE INFANT OR TODDLER PRODUCTS RULE
As part of the rulemaking process required by Section 104(b) of the Consumer Product Safety
Improvement Act of 2008 (CPSIA), the U.S. Consumer Product Safety Commission (CPSC) issued a
regulation in 2009 requiring manufacturers to provide a means for consumers to register “durable infant
or toddler products,” so that consumers can receive direct notification in the event of a product recall.
The rule is codified at 16 CFR part 1130, Requirements for Consumer Registration of Durable Infant or
Toddler Products.
The consumer registration requirements of 16 CFR 1130 are based on the CPSIA section 104 definition
of “durable infant or toddler product” – “durable products intended for use, or that may be reasonably
expected to be used, by children under the age of 5 years.” While CPSIA lists 12 product categories as
being included in the definition, the CPSC added 6 other categories to the list of products when
promulgating 16 CFR 1130 and clarified that the list codified in 16 CFR 1130.2 isn’t static.
The CPSC’s approved changes to 16 CFR 1130, Requirements for Consumer Registration of Durable
Infant or Toddler Products rule, are:
Restating the definition of “durable infant or toddler product” from CPSIA sec 104 and clarifying that the
product categories are further defined in the individual mandatory standards
7
© Intertek 2019. All Rights Reserved.U.S. – CPSC APPROVES UPDATES TO 16 CFR 1130 CONSUMER REGISTRATION
OF DURABLE INFANT OR TODDLER PRODUCTS RULE
Adding to and clarifying the list of product categories requiring registration cards by:
• Listing sling carriers, soft infant and toddler carriers, handheld infant carriers and frame child carriers
as a subset of infant carriers, thereby providing clarity that these products are considered ‘durable
infant or toddler product’ and fall within the scope of 16 CFR 1130
• Clarifying bedside sleepers to be a subset of bassinets, providing clarity that bedside sleeper is
considered ‘durable infant or toddler product’ and falls within the scope of 16 CFR 1130; and
• Revising the term “changing tables” to “baby changing products,” to align with the mandatory
standard for baby changing products
The CPSC has approved the final rule with two effective dates:
October 24, 2019, a 30-day effective date for product categories already covered by the consumer
product registration rule
September 24, 2020, a twelve-month effective date for contoured changing pads, which were newly
added to the consumer products registration rule
8
© Intertek 2019. All Rights Reserved.U.S. – CPSC ADOPTS ASTM F833-19 FOR CARRIAGES AND STROLLERS IN
DIRECT FINAL RULE
As part of the rulemaking process required by Section 104(b) of the Consumer Product Safety
Improvement Act of 2008 (CPSIA), the U.S. Consumer Product Safety Commission (CPSC), through a
direct final rule, has approved the new ASTM F833-19, to be incorporated in the federal regulation: 16
CFR 1227 – Safety Standard for Carriages and Strollers.
The current ASTM F833-19 standard has the following significant revisions:
• Tray/Grab Bar Protective Covering: new definitions, requirements, test method and warnings added
to address incidents of children biting foam on the grab bars, which are potentially a choking hazard.
• Static Load Test: besides tip over, collapse, sharp points & sharp edges and small parts, ‘failure to
support test weight’ was added as an additional condition of non-compliance, providing more clarity.
• Some unit conversion changes to keep consistent with other ASTM durable nursery product
standards and some editorial revisions.
• Upon review of this latest ASTM F833-19 safety standard for carriages and strollers, the CPSC has
determined that the standard has significant revisions that would make it a more effective safety
standard.
Carriages and Strollers manufactured on and after November 5, 2019 shall meet requirements of this
rule. In addition, the products manufactured on and after this date will also require certification per 16
CFR 1110 based on testing at a CPSC approved Third party accreditation body (third party lab) for the
revised 16 CFR 1227.
9
© Intertek 2019. All Rights Reserved.U.S. – CPSC APPROVES ASTM F2167-19 FOR INFANT BOUNCER SEATS IN
DIRECT FINAL RULE
• CPSC has approved the new ASTM F2167-19 to be incorporated in the federal regulation: 16 CFR
1229 – Safety Standard for Infant Bouncer Seats.
• An “infant bouncer seat” as defined by the ASTM F 2167 standard is “a freestanding product
intended to support an occupant in a reclined position to facilitate bouncing by the occupant, with
the aid of a caregiver or by other means. Intended occupants are infants who have not developed
the ability to sit up unassisted (approximately 0 to 6 months of age)”.
• The changes to the ASTM F2167-19 standard include editorial corrections as well as revised
requirements for content and visibility of on-product warnings, aligning with the stricter
requirements set forth by the commission in the 16 CFR 1229.
10
© Intertek 2019. All Rights Reserved.U.S. – CPSC APPROVES ASTM F2167-19 FOR INFANT BOUNCER SEATS IN
DIRECT FINAL RULE
• A summary of the revisions to the warning requirements includes:
• Content of the fall hazard warnings and suffocation hazard warnings revised to clarify that
restraint system should be used even when the child is asleep
• Revised visibility test for ensuring warnings required by the standard are conspicuous, permanent
and visible to the caregiver even while the child is in the product
• The revised ASTM F2167-19 standard becomes the mandatory Safety Standard for infant bouncer
seats effective December 14, 2019, as the CPSC received no adverse comments by October 7, 2019.
• The Final Rule can be reviewed at: https://www.govinfo.gov/content/pkg/FR-2019-09-06/pdf/2019-
19286.pdf
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© Intertek 2019. All Rights Reserved.U.S. – CPSC APPROVES ASTM F1967-19 FOR INFANT BATH SEATS IN DIRECT
FINAL RULE
As part of the rulemaking process required by Section 104(b) of the Consumer Product Safety
Improvement Act of 2008 (CPSIA), the U.S. Consumer Product Safety Commission (CPSC) has approved
the new ASTM F1967-19, to be incorporated in the federal regulation: 16 CFR 1215 – Safety Standard
for Infant Bath Seats.
An “infant bath seat” as defined by the ASTM F 1967 standard is “an article that is used in a bath tub,
sink, or similar bathing enclosure and that provides support, at a minimum, to the front and back of a
seated infant during bathing by a caregiver. This does not include products that are designed or intended
to retain water for bathing.”
The ASTM F1967-19 is the second revision to the standard since the commission adopted ASTM F1967-
13 in a direct final rule.
The revisions from the ASTM F1967-13 to the ASTM F1967-19 version of the standard were to provide
clarity in test methods and standard, along with editorial changes. The significant changes are as
follows:
New definitions for ‘conspicuous,’ ‘double action release system,’ ‘installation components’ and
‘protective component’ added to provide clarity for requirements.
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© Intertek 2019. All Rights Reserved.U.S. – CPSC APPROVES ASTM F1967-19 FOR INFANT BATH SEATS IN DIRECT
FINAL RULE
The stability test method has four significant changes to clarify testing conditions:
• New tub fixture test platform drawings correcting previous errors
• Added test surface #3 to test new products using the sides and end walls for placement
• Clarifying application of the 17lb force in a perpendicular direction to the test bar to ensure the bar
does not move from deflection by the product
• Usage of two name-brand over-the-counter baby wash solutions since the initially specified
manufacturer of the solution is no longer in business
Added test surface #3 reference to the latching and locking mechanism tests, static load and suction cup
tests for testing new products using the sides and end walls for placement
Clarification to the static load section allowing for selection of any of the appropriate test surface based
on the product
The revised ASTM F1967-19 standard becomes the mandatory Safety Standard for Infant Bath Seats
effective December 22, 2019, unless the CPSC receive any adverse comments by October 21, 2019.
Infant bath seats manufactured on and after December 22, 2019 will require testing per ASTM F1967-19
for Certification as per 16 CFR 1110 rule.
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© Intertek 2019. All Rights Reserved.U.S. – CPSC ADOPTS ASTM F1821-19e1 FOR TODDLER BEDS IN DIRECT FINAL
RULE
• CPSC has approved the new ASTM F1821-19ε1 to be incorporated in the federal regulation, 16 CFR
1217 – Safety Standard for Toddler Beds.
• The ASTM F1821-19ε1 is the third revision to the standard since the commission adopted ASTM
F1821-16 in a direct final rule.
• The revisions from the ASTM F1821-16 to the ASTM F1821-19ε1 version of the standard primarily
provide clarity to test methods and standard, along with some editorial changes. Significant changes
to the standard include:
• Definition for the term ‘corner posts’ added to provide clarity
• The mattress support and side rails integrity requirements and test method were revised to
ensure consistent testing
• The ASTM F1821-19ε1 standard becomes the mandatory Safety Standard for Toddler Beds effective
January 27, 2020, unless the CPSC receives any adverse comments by November 25, 2019.
• The Final Rule can be reviewed at: https://www.govinfo.gov/content/pkg/FR-2019-10-25/pdf/2019-
23305.pdf
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© Intertek 2019. All Rights Reserved.U.S. – CPSC ADOPTS ASTM F406-19 FOR NON-FULL-SIZE BABY CRIBS AND
PLAY YARDS IN DIRECT FINAL RULE
• The new ASTM F406-19 is approved to be incorporated in the federal regulations, 16 CFR 1220 –
Safety Standard for Non-Full-Size Baby Cribs and 16 CFR 1221 – Safety Standard for Play Yards.
• The significant changes to the ASTM F406-19 standard with respect to each product category are as
follows:
• Non-full-size baby cribs:
• Revision to the toeholds requirement by adding a lower bound requirement and aligning it with the toeholds’
prohibition in the full-size cribs standard.
• Play yards:
• Added definition, requirement and test method for entrapment in cantilevered accessories.
• Clarified stability test to specify placement of the test fixture.
• Mattress vertical displacement test split into two tests – the first being the original test reworded for more precise
testing and an added secondary test to account for evaluation of samples without a tubular floor support structure.
• Alternate on-product warnings provided for products intended to be used in child care facilities.
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© Intertek 2019. All Rights Reserved.U.S. – CPSC ADOPTS ASTM F406- 19 FOR NON-FULL-SIZE BABY CRIBS AND PLAY YARDS IN DIRECT FINAL RULE The revised ASTM F406-19 standard becomes the mandatory safety standard for non-full- size baby cribs and play yards effective January 20, 2020, unless the CPSC receives any significant adverse comments by November 22, 2019. The Final Rule can be reviewed at: https://www.govinfo.gov/content/pkg/FR- 2019-10-23/pdf/2019-23088.pdf © Intertek 2019. All Rights Reserved. 16
U.S. – CPSC ISSUES SUPPLEMENTAL NOTICE OF PROPOSED RULEMAKING FOR
INFANT SLEEP PRODUCTS
• In 2017, the CPSC proposed a new federal regulation, 16 CFR 1236 Safety Standard for Infant Inclined
Sleep Products. Following some incidents and information gathered subsequently, the CPSC has
issued a supplemental NPR proposing to adopt the current ASTM standard F3118–17a Standard
Consumer Safety Specification for Infant Inclined Sleep Products, with modifications.
• The supplemental NPR revises the scope to include all infant sleep products, including frame-type,
hammock, compact, and accessories not covered by other ASTM standards such as:
• 16 CFR part 1218 Safety Standard for Bassinets and Cradles;
• 16 CFR part 1219 Safety Standard for Full-Size Baby Cribs;
• 16 CFR part 1220 Safety Standard for Non-Full-Size Baby Cribs;
• 16 CFR part 1221 Safety Standard for Play Yards; and
• 16 CFR part 1222 Safety Standard for Bedside Sleepers.
• It further revises the definition of infant sleep products as “a freestanding product, intended to
provide a sleeping accommodation for an infant up to approximately 5 months of age, that is
generally supported by a stationary or rocker base.”
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© Intertek 2019. All Rights Reserved.U.S. – CPSC ISSUES SUPPLEMENTAL NOTICE OF PROPOSED RULEMAKING FOR
INFANT SLEEP PRODUCTS
• Other key aspects of the supplemental NPR are:
• It clarifies that inclined products go against the safe sleep guidelines and hence modifies the
product category to ‘infant sleep products’ from the previously proposed ‘infant inclined sleep
products’ by removing any references to ‘inclined’ products.
• It restricts the seat angle to 10 degrees and lesser.
• It requires the products to comply with the 16 CFR 1218 mandatory safety standard for bassinets
and cradles
• Except for the seat back angle measurement requirement, the supplemental NPR does not
require compliance to the general requirements, performance requirements, test specifications
or marking and labeling sections of the ASTM F3118-17a standard.
• The CPSC has proposed that the rule become effective 12 months after publication of the final rule
in the Federal Register for products manufactured or imported on or after that date.
• Comments on the proposed rule can be submitted until January 27, 2020.
• The proposed rule can be viewed at: https://www.govinfo.gov/content/pkg/FR-2019-11-
12/pdf/2019-23724.pdf
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© Intertek 2019. All Rights Reserved.FTC – ‘MADE IN USA’ WORKSHOP
Made in USA claims enforcement by the FTC is based purely on consumer perception
Section 5(a) of the Federal Trade Commission Act (FTC Act) (15 USC §45) prohibits “unfair or deceptive
acts or practices in or affecting commerce.”
• Applies to all persons engaged in commerce
• Qualified and Unqualified claims
Since the 9/11 terrorist attacks, more interest in made in America and what it means.
Requested comments on ‘Made in USA’ guidance document
• Comment period ended October 11, 2019
• Intent – to put all options on the table including but not limited to:
• What is a label?
• Should FTC pursue civil penalties?
• What remedies can be pursued?
• Will deterrents change how American manufacturers label their products?
• Is rulemaking preferred?
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© Intertek 2019. All Rights Reserved.FTC – ‘MADE IN USA’ WORKSHOP
• Workshop held with three panel topics –
• Consumer perception – how do
consumers interpret made in USA
claims?
• Doing business under current policy –
what are the compliance or policy
challenges under the current
framework?
• Enforcement Approaches – should the
commission reexamine its current
approach to addressing deceptive made
in USA claims?
© Intertek 2019. All Rights Reserved. 20EXISTING CONSUMER RESEARCH
Two main
determinants – Survey respondents
1. country in which it usually state they prefer
was assembled? US or purchasing American
abroad? made for a range of
2. portion of costs products from furniture
Consumer incurred in the US – How important to appliances
whether parts or
Perception labor? are “made in
Research – what USA” claims to
But real-world data show
do “made in - consumers usually consumer that country of origin is
agree assembly in the purchasing
USA” claims US is considered
lower on priority when
mean to ‘made in USA’ decisions? making a decision when
- Another camp, you have more attributes
consumers? majority of to consider – size, make,
consumers, agree to price etc. and becomes
the ‘made in USA’ less important when
label as the cost consumers link that with
component increases
based on parts or a brand
labor
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© Intertek 2019. All Rights Reserved.OVERVIEW OF CURRENT FTC
POLICY AND ENFORCEMENT
• Primarily by:
• Staff guidance and informal counseling
• Closing letters
• Litigation
• 1997 enforcement policy document -
https://www.ftc.gov/public-
statements/1997/12/enforcement-policy-
statement-us-origin-claims
• Made in USA guidance document -
https://www.ftc.gov/system/files/documen
ts/plain-language/bus03-complying-made-
usa-standard.pdf
22
© Intertek 2019. All Rights Reserved.02 CANADA UPDATES
CANADA PROPOSES AMENDMENTS TO THE TENTS REGULATIONS AND
CONSEQUENTLY TO THE TOYS REGULATIONS
• On January 22, 2019 Health Canada published a notice proposing amendments to the Tents
Regulations, SOR/2016-185, to replace the flammability and labeling requirements.
• Consequently, the notice also proposes removing indoor play tents from the scope of the Tents
Regulations and bringing them within the Toys Regulations, but continuing to set flammability and
labeling requirements.
• The notice is Health Canada’s approach to make the Tent Regulations more relevant to the products
currently in the market, as the current regulations were written to address incidents concerning
tents made of paraffin-coated (waxed) cotton canvas, whereas most tents today are made of
synthetic, lighter-weight materials, such as polyester and nylon, which have different burn
characteristics than cotton canvas.
The public comment period for this Health Canada notice outlining the proposed revisions to the Tents
Regulations and Toys Regulations is open until March 23, 2019.
This notice can be viewed at: https://www.canada.ca/en/health-canada/programs/consultation-amend-
tent-regulations/document.html
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© Intertek 2019. All Rights Reserved.CANADA PROPOSES AMENDMENTS TO THE TENTS REGULATIONS AND
CONSEQUENTLY TO THE TOYS REGULATIONS
Following is a summary of the proposed revisions:
• Adopting the new CAN/CGSB-182.1, Flammability and Labelling Requirements for Tents as the
mandatory safety standard in the Tents Regulations.
• Recognizing that the CPAI-84 flammability standard referenced in the Tent Regulations does not adequately
address the tents on the market today, Health Canada has been working with the Canadian General Standards
Board (CGSB) to develop a standard, CAN/CGSB-182.1, to accurately test the materials used in making tents
today. Comment period on the draft standard closed on January 29, 2019, and expected date of publication of
the standard is March 31, 2019.
• There are many revisions proposed in the CAN/CGSB-182.1 method, some of the key revisions include:
weathering procedure, assessment criteria, increasing number of specimens, and labeling.
• Aligning the scope of the Tent Regulations with the CAN/CGSB-182.1 standard, to include all outdoor
tents including tent trailers and children’s outdoor tents, but excluding children’s play tents intended
for indoor use only.
25
© Intertek 2019. All Rights Reserved.CANADA PROPOSES AMENDMENTS TO THE
TENTS REGULATIONS AND CONSEQUENTLY
TO THE TOYS REGULATIONS
• The Toys Regulations to be expanded to
include indoor play tents in the scope.
• Instead of referring to these products as ‘play
tents,’ they will be called ‘toys intended to be
entered by a child’ to align with terminology
in the ISO and EN toy safety standards.
• Options are being considered for the
flammability tests of play tents, which include
the flammability requirements for soft toys in
the Toys Regulations, or the flammability
requirements for toys intended to be entered
by a child in ISO 8124-2:2014 and EN 71-
2:2011+A1:2014.
• In addition, options are being considered for
warnings to be displayed prominently on
these products to help avoid consumer
misuse and provide extra security.
26
© Intertek 2019. All Rights Reserved.CANADA: ONTARIO
REVOKES UPHOLSTERED AND STUFFED ARTICLES REGULATION
The Government of Ontario announced revocation of the upholstered and stuffed articles regulation
under Technical Standards and Safety Act of 2000.
The regulation will be revoked effective July 1, 2019.
Starting July 1, 2019, upholstered and stuffed articles offered for sale in the province of Ontario will no
longer require registration with Technical Standards and Safety Authority (TSSA) or labeling per the
upholstered and stuffed articles regulation.
Upholstered and stuffed articles still have to meet:
• Provinces of Quebec and Manitoba requirements.
• Applicable Federal requirements under the Canada Consumer Products Safety Act and Textile
Labeling Act.
27
© Intertek 2019. All Rights Reserved.CANADA – MANITOBA REVOKES BEDDING AND OTHER UPHOLSTERED OR
STUFFED ARTICLES REGULATION
• On January 24, 2019, the Government of Manitoba announced the repeal of the Bedding and Other
Upholstered or Stuffed Articles Regulation, 78/2004. The regulation will be revoked effective January 1,
2020.
• Due to the revocation of this regulation, starting January 1, 2020, upholstered and stuffed articles
offered for sale in the province of Manitoba will no longer require registration with the Consumer
Protection Office or labeling per the Bedding and Other Upholstered or Stuffed Articles Regulation.
• The announcement from the province of Manitoba comes right on the heels of the announcement late
last year from the province of Ontario regarding the repeal of its Upholstered and Stuffed Articles
Labeling Regulation, which is effective July 1, 2019.
• With Manitoba’s effective date of January 1, 2020, the repeal of these regulations by the provinces of
Ontario and Manitoba will leave only the province of Quebec with the regulation that requires
registration and labeling for upholstered and stuffed articles. It should be noted that the upholstered
and stuffed articles must meet applicable Federal requirements under the Canada Consumer Products
Safety Act and Textile Labeling Act.
• The announcement along with Q&A issued can be reviewed
at: https://www.gov.mb.ca/justice/cp/cpo/bousa.html
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© Intertek 2019. All Rights Reserved.03 EU UPDATES
TOYS: EN71-3:2019 REFERENCED AS HARMONISED STANDARD • The European Commission (EC) on October 16, 2019, publish in the OJEU updated references of harmonised standards for toys, which included EN71-3: 2019. Toys meeting requirements in this standard are presumed to be in conformity with the essential safety requirement set out in the Toy safety directive (TSD) • The adoption of new harmonised standard EN 71-3:2019 replaces the current standard EN 71-3:2013+A3:2018, with a transition period of six month. So the previous version, EN 71-3:2013 + A3:2018 can still be used until April 15, 2020, provided that the new limit for Chromium VI is taken into account. © Intertek 2019. All Rights Reserved. 30
TOYS – REQUIREMENTS ADDED FOR FORMALDEHYDE AND AMENDED FOR
ALUMINUM
The EC has published two amendments to the EU TSD. which lower aluminum content in toys and adopt
specific limit values for formaldehyde.
The requirements shall be applied in Member States from May 21, 2021.
The lowered migration limits of aluminum are as New requirements for formaldehyde have also been
follows: added for toys intended for use by children under 36
• 2250 mg/kg, in dry, brittle, powder-like or months or in other toys intended to be placed in the
pliable toy material; mouth:
• 560 mg/kg, in liquid or sticky toy material; • Migration limit: 1.5 mg/l in polymeric toy material
• Emission limit: 0.1 ml/m3 in resin-bonded wood toy
• 28130 mg/kg, in scraped-off toy material;
material
• Content limit: 30 mg/kg in textile toy material
• Content limit: 30 mg/kg in leather toy material
• Content limit: 30 mg/kg in paper toy material
• Content limit: 10 mg/kg in water-based toy material
© Intertek 2019. All Rights Reserved. 31EU REACH – EXPANDED PHTHALATES RESTRICTIONS
The European Commission has published Regulation (EU) 2018/2005 in the EU Official Journal. Entry 51
of REACH Annex XVII will be expanded to add an additional phthalate and will apply to a broader scope
of articles.
The first part of the amendment revises the requirements for plasticized materials in toys and childcare
articles to add DIBP, in addition to DEHP, DBP and BBP. Following is a summary of requirements for
plasticized materials in toys and childcare articles:
Conditions of restriction Phthalate restriction Effective Date
Place on the market of toys and childcare DEHP, DBP, BBP (individually or in any Already in force
articles containing the 3 phthalates combination) < 0.1 % by weight of (Provision same as before)
plasticised material
Use of the 4 phthalates in toys and DEHP, DBP, BBP, DIBP (individually or in 7 January 2019
childcare articles any combination) < 0.1 % by weight of
plasticised material
Place on the market of toys and childcare DEHP, DBP, BBP, DIBP (individually or in 7 July 2020
articles containing the 4 phthalates any combination) < 0.1 % by weight of
plasticised material
32
© Intertek 2019. All Rights Reserved.EU REACH – EXPANDED PHTHALATES RESTRICTIONS
The second part of the amendment adds requirement wherein the cumulative use of the four specified
phthalates will be restricted to 0.1% by weight in the plasticized material of all articles, unless an
exemption applies.
• These restrictions go into effect on July 7, 2020.
Available exemptions to above requirements include:
• Electrical and electronic equipment in scope of the RoHS Directive;
• Articles exclusively for industrial or agricultural use, or for certain articles exclusively for outdoor
use;
• Certain articles related to aviation or motor vehicles;
• Measuring devices for laboratory uses;
• Certain food contact materials;
• Certain medical devices and packaging of medicinal products; and
• Articles placed on the market before July 7, 2020
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© Intertek 2019. All Rights Reserved.RESTRICTION OF CMRS IN
TEXTILES
Regulation (EU) 2018/1513 on CMRs in
Textiles
Entry 72 in Annex XVII of REACH
• 33 CMR chemicals are restricted, the
substances and corresponding limits
• SCOPE
• Clothing or related accessories,
• Textiles other than clothing which,
under normal or reasonably
foreseeable conditions of use, come
into contact with human skin to an
extent similar to clothing
• Footwear
• Effective Date: November 1, 2020
34
© Intertek 2019. All Rights Reserved.RESTRICTION ON SKIN SENSITISING SUBSTANCES IN TEXTILES AND LEATHER
The consultation period ends on December 19,
2019
The legislation is expected in Q3/Q4 2020
Effective date 2021 or 2022
35
© Intertek 2019. All Rights Reserved.REACH & BREXIT
THE EUROPEAN UNION
(WITHDRAWAL) ACT
• The technical requirements for products
entering the UK will remain unchanged for
an initial period. The UK Government has
already prepared a transitional piece of
legislation which will transpose current
relevant EU legislation into UK law, where it
has not already been adopted under UK
statute
• The European Union(Withdrawal) Act
states:
• “Direct EU legislation, so far as operative
immediately before exit day, forms part of
domestic law on and after exit day.”
36
© Intertek 2019. All Rights Reserved.REACH & BREXIT
HSE STATEMENT
• The full responsibly will be on the HSE (the
UK authority currently responsible for
REACH).
• HSE statement
• “In the event of no deal, the EU REACH
Regulation will be brought into UK law by
the European Union (Withdrawal) Act 2018.
The Act replicates REACH in the UK whilst
making the changes necessary to make it
work outside of the EU.”
• The Act will replicate REACH in the UK and
will retain the key requirements of REACH
Regulation.
37
© Intertek 2019. All Rights Reserved.BREXIT
THE BIOCIDAL PRODUCTS
REGULATIONS (BPR)
• The UK would establish an independent
standalone biocidal products regime.
• Regulatory framework for biocidal products
would remain the same at the point of exit,
by retaining the BPR and its subsidiary
regulations in national law using the
provisions of the EU Withdrawal Act.
• Authorisations and approvals valid in the
UK will remain valid
• The plan is for the UK to have its own list of
approved biocides held by HSE.
38
© Intertek 2019. All Rights Reserved.CE MARKING & BREXIT
• In the majority of cases you will still be able
to use the CE marking if you are selling
goods on the UK market after the UK leaves
the EU.
• The CE marking will only be accepted in the
UK for a limited time after Brexit.
• The government will consult and give
businesses notice before this period ends
• After the implementation period ends
products MUST display the UKCA
conformity mark
39
© Intertek 2019. All Rights Reserved.RULES FOR USING UKCA MARK You must make sure that: If you reduce or enlarge the size of your marking, the UKCA mark must be in proportion to the version set out in the image • the UKCA marking is at least 5mm in height – unless a different minimum dimension is specified in the relevant legislation • the UKCA marking is easily visible, legible and permanent © Intertek 2019. All Rights Reserved.
04 OTHER UPDATES & RECALL ANALYSIS
CPSC RECALLS BY PRODUCT CATEGORY – JAN TO NOV 2019
30
25
20
15
10
5
0
42
© Intertek 2019. All Rights Reserved.CPSC RECALLS BY HAZARD TYPE – JAN TO NOV 2019
60
50
40
30
20
10
0
43
© Intertek 2019. All Rights Reserved.HEALTH CANADA RECALLS BY PRODUCT CATEGORY – JAN TO NOV 2019
25
20
15
10
5
0
44
© Intertek 2019. All Rights Reserved.HEALTH CANADA RECALLS BY HAZARD TYPE – JAN TO NOV 2019
45
40
35
30
25
20
15
10
5
0
45
© Intertek 2019. All Rights Reserved.HEALTH CANADA – CONSUMER PRODUCT AND COSMETICS REPORTS
Q1 2019-2020 (APR –JUN 2019)
• Total 613 reports. 218 reports of injuries.
• Top product types based on reports received:
• Electric Ranges or Ovens - 40
• Cosmetics - 35
• Power saws - 28
• Riding power lawn movers - 22
• Swings or swing sets - 19
Source: https://bit.ly/2RClKEs
46
© Intertek 2019. All Rights Reserved.EU – 2018 RAPEX ALERTS FOR NON-FOOD PRODUCTS
Source: https://bit.ly/38qasJp
47
© Intertek 2019. All Rights Reserved.EU – 2018 RAPEX ALERTS FOR NON-FOOD PRODUCTS
Risks posed by squeezable toys
• Chemical 10
• Choking 8
• Chemical + Suffocation 2
• Chemical + Choking 2
• Microbiological 1
Total 23
Source: https://bit.ly/38qasJp
48
© Intertek 2019. All Rights Reserved.Pratik Ichhaporia
pratik.ichhaporia@intertek.com©2018 INTERTEK ALL RIGHTS RESERVED. No reproduction of this material is allowed without written permission of Intertek. Contact icenter@intertek.com for additional inquiries.
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