After receiving a petition, the Consumer Product Safety Commission (CPSC) published a notice on September 1, 2016 in the Federal Register to request comments on amending the Statement of Interpretation and Enforcement Policy regarding the labeling of household products containing methylene chloride.View Story Read More
Currently, the policy statement provides guidance and sets forth general principles and examples for labeling to warn consumers of the potential cancer hazard resulting from certain household products, including paint strippers and adhesive removers, which contain methylene chloride. However, it does not address any acute hazard posed by inhalation of methylene chloride vapor. Therefore, the petitioner, Halogenated Solvents Industry Alliance, Inc., asked the CPSC to expand the policy statement to address the need for an acute hazard warning label on household products containing methylene chloride that are readily available for consumers to purchase and use.
The comment period concerning the petition is open until October 31, 2016.
On September 28, 2016, the Consumer Product Safety Commission (CPSC) Final Rule 81 FR 17062 will enter into force. The rule amended 16 CFR 1112 and 1233 by providing an applicable safety standard for portable hook-on chairs, ASTM F1235-15.View Story Read More
The standard ASTM F1235-15 defines portable hook-on chairs as usually a legless seat constructed to locate the occupant at a table in such a position and elevation so that the surface of the table can be used as the feeding surface for the occupant (supported solely by the table on which it is mounted).
The standard includes performance requirements and test methods designed to ensure the satisfactory performance, and hence, minimize injuries to children resulting from normal use and reasonably foreseeable misuse or abuse of portable hook-on chairs.
On October 2, 2016, the Consumer Product Safety Commission (CPSC) Direct Final Rule 81 FR 37128 will enter into force. The rule will revise 16 CFR 1227 to adopt an updated applicable standard for carriages and strollers, ASTM F833-15.View Story Read More
In the direct final rule, a new version of the standard, ASTM F833-15 Standard Consumer Safety Performance Specification for Carriages and Strollers, will be adopted and replace the current 2013b version. The key changes in the new standard are summarized in our previous Regulatory Recap: July 2016.
Below is a summary of recently updated ASTM standards that may be of interest to our clients:View Story Read More
|CPSIA / CFR Reference||ASTM Standard No.||Detail|
Standard Consumer Safety Specification for Expansion Gates and Expandable Enclosures
Covers minimum safety performance requirements, test methods, and requirements for labeling 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.
Standard Specification for Fire Safety for Candle Accessories
Prescribes the performance requirements and corresponding test procedures for candle accessories to help ensure a reasonable degree of personal safety during normal use, thereby, reducing incidences of fires, deaths, and injuries.
|16 CFR 1234 (Proposed)||ASTM F2670-16a||
Standard Consumer Safety Specification for Infant Bath Tubs
Establishes performance requirements, test methods, and labeling requirements to promote the safe use of infant bath tubs. Specifically excluded from the scope of this standard are products commonly known as bath slings, typically made of fabric or mesh.
In August 2016, a new version of ASTM F2601-16a Standard Specification for Fire Safety for Candle Accessories was published. Changes have been made to definitions, safety and performance requirements and procedures.View Story Read More
Key changes of ASTM F2601-16a are summarized below:
In 1986, California voters approved an initiative titled California Proposition 65 to address their growing concerns about exposure to toxic chemicals. Since its origin, there have been many lawsuits that have resulted in reformulations of consumer products containing carcinogenic and reproductively harmful chemicals on the Cal Prop 65 list.View Story Read More
60-day notices from July and August of 2016 include the following:
|Chemical||Product / Source||Number of Notices|
|Acrylamide||Fried or Baked Sweet Potato Based Snack Foods||2|
|Arsenic (inorganic arsenic compounds), Arsenic (inorganic oxides), Lead||Clay Powder||2|
|Caccao Powder / Nibs||7|
|Carbon monoxide, Soots, tars, and mineral oils||Fire Pit||1|
|Medical Bedside Mat||1|
|PVC Rain Suit||2|
|Camp Sink and Worktop||1|
|Suction Catheter Trays with Chimney Valve||1|
|Vinyl/PVC Table Tennis Paddle Hand Grips||1|
|Vinyl/PVC Helmet Pumps||1|
|Solar Panels with Vinyl/PVC Wires||1|
|Grooming Products with Polymer Covers||1|
|Turkey and roast lifters with polymer handles||1|
|Suit storage bags||1|
|Di(2-ethylhexyl)phthalate (DEHP), Di-isodecyl phthalate (DIDP), Diisononyl phthalate (DINP)|
|Hose||3||Vinyl/PVC Dustpan Grips, Tongs with Vinyl/PVC Handles/Grips, Vinyl Covers, Vinyl Flatware Carriers, Squeegees with Vinyl/PVC Blades, Vinyl/PVC Washer Bases (Suction Cups used in Sink), Vinyl/PVC Tethers, Vehicle Brushes with vinyl/PVC Bumpers||1|
|Di(2-ethylhexyl)phthalate (DEHP), Di-isodecyl phthalate (DIDP), Di-n-butyl phthalate (DBP), Diisononyl phthalate (DINP)||Hose||1|
|Di(2-ethylhexyl)phthalate (DEHP), Diisononyl phthalate (DINP)|
|Sport Bag with Snorkel Gear||1|
|Di(2-ethylhexyl)phthalate, Di-isodecyl phthalate (DIDP), Diisononyl phthalate (DINP)||Vinyl/PVC Dustpan Grips, Tongs with Vinyl/PVC Handles/Grips, Vinyl Covers, Squeegees with Vinyl/PVC Blades, Vinyl/PVC Washer Bases (Suction Cups used in Sink), Vinyl/PVC Tethers, Vehicle Brushes with vinyl/PVC Bumpers||1|
|Di-isodecyl phthalate (DIDP)||Vinyl Pillow||1|
|Diisononyl phthalate (DINP)|
|Medical Inflatable Vinyl Invalid Ring||1|
|Cando Foam Wedge||1|
|Di-n-butyl phthalate (DBP)|
|Air Line Oilers||1|
|Toilet Tank Ball Guides||1|
|Washer Gutter Cleaners||1|
|Washer Gutter Cleaners||1|
|Mugs with Vinyl/PVC Sleeves / Exterior Designs||2|
|Pine Animal Bedding||1|
On August 30, 2016, the Office of Environmental Health Hazard Assessment (OEHHA) adopted the amendments to Article 6 of California Code of Regulations (CCR), Clear and Reasonable Warnings. The amendments will be enforceable on August 30, 2018 and businesses may comply with the provisions of the amended regulation during the two-year transition period.View Story Read More
The amendments repeal all of the current regulatory provisions of title 27 of the CCR except those added via emergency rulemaking in April 2016, which related to warning for exposures to bisphenol A in canned foods and beverages.
Key changes to the regulation are summarized below:
In general for the consumer product exposure warning, following elements are required:
On July 29, 2016, the Office of Environmental Health Hazard Assessment (OEHHA) issued a notice to propose an amendment to the California Code of Regulation (CCR) regarding the Proposition 65 warning requirements for bisphenol A (BPA). The proposed amendment is undergoing the regular rulemaking procedure and a comment period is now open until September 26, 2016.View Story Read More
On April 18, 2016, OEHHA implemented an emergency regulation regarding labeling requirements for BPA for canned and bottled foods and beverages to allow temporary use of a standard point-of-sale warning messages (See Regulatory Recap: April 2016). However, the regulation was only valid for 180 days. Thus, OEHHA proposed an amendment to the CCR in a regular rule making process to continue the use of this standard point-of-sale warning with a sunset date of December 30, 2017.
On September 9, 2016, the Office of Environmental Health Hazard Assessment (OEHHA) issued a notice to announce that five proposed chemicals or chemical groups will be discussed at the meeting of the Proposition 65 Carcinogen Identification Committee (CIC).View Story Read More
The CIC is a group of expert scientists appointed by the Governor to identify chemicals that have been clearly shown though scientifically valid testing according to generally accepted principles to cause cancer. The CIC will provide the OEHHA with advice on the prioritization of following chemicals or chemical groups:
A 45-day public comment period is open until October 24, 2016 and will be followed by a meeting on November 15, 2016. At the meeting, no listing decisions will be made for the above chemicals. The OEHHA will select chemicals for preparation of hazard identification materials in consideration for listing the chemicals under California Proposition 65 and announce those decisions in a separate notice at a later date.
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 July 1 to August 30, 2016 are summarized below:View Story Read More
* Other Hazards include Burn Hazard, Choking Hazard, Crash Hazard, Electric Shock Hazard, Impact Hazard & Laceration Hazard with frequency less than 4.
|Sporting Goods / Equipment||17|
|Home Electrical Appliances (Hair dryer, iron, etc.)||5|
^ Other categories include Computer / Audio / Video / Other Electronics & Accessories, Consumer Chemicals, Fabric / Textile / Garment / Home Textile, Food Contact Material, Homeware (non-food contact), Jewelry, Juvenile Product, Lighting, Watch or other Fashion Accessories, Tools & Hardware, Toys and Childcare Articles with frequency less than 4.
Download the complete Recalls Summary - US (Last Update Date: August 30, 2016)
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 July 1 to August 30, 2016 are summarized below:View Story Read More
* Other Hazards include Chemical Hazard (combination of methylisothiazolinone and methylchloroisothiazolinone (MI/MCI)), Electric Shock Hazard, Entrapment Hazard, Fire Hazard, Impact Hazard, Injury Hazard, Violation of Child-Resistant Closure Requirement, Violation of Flammability Requirements, Violation of Lead Standard & Violation of Packaging and Labeling Requirements with frequency less than 3.
|Toys and Childcare Articles||5|
|Fabric / Textile / Garment / Home Textile||5|
|Food Contact Material||3|
|Jewelry, Watch or other Fashion Accessories||3|
|Sporting Goods / Equipment||3|
^ Other categories include Computer / audio / video / other electronics & accessories, Consumer Chemicals, Cosmetics / Bodycare, Home Electrical Appliances (Hair dryer, iron, etc.), Homeware (non-food contact), Juvenile Product, Lighting, Tools and Hardware less than 3.
Download the complete Recalls Summary - Canada (Last Update Date: August 30, 2016)
On July 29, 2016, the Senate of Colombia proposed bill PL-2016-N033C, which establishes lead limits in various products. The bill sets requirements for products that may contain lead to prevent citizens, especially children, from lead poisoning.View Story Read More
The proposed bill prohibits the manufacturing, importing or distributing of products, including toys, clothing, accessories, jewelry, decorative objects, edible products, sweets, food, furniture and dietary supplements, that contain:
In addition to the above products,
On July 7, 2016, the European Commission (EC) issued and implemented a list of new harmonized standards. The list of standards shows presumption of conformity to the Directive 2014/35/EU Low Voltage (LVD), which has been effective since April 20, 2016.View Story Read More
After a 2-year transition period, the new LVD replaced Directive 2006/95/EC on April 20, 2016. A list of standards was published that shows presumption of conformity to the new directive. In the list, there are more than one hundred standards, some of which cover common appliances as noted below:
On August 18, 2016, the European Commission (EC) informed the World Trade Organization (WTO) that a draft directive amending the Toys Safety Directive 2009/48/EC was published. The draft directive proposes amendment regarding the migration limits of lead for toys or components.View Story Read More
Upon enforcement, the limit of lead will be amended as noted below:
|Limit of Lead (mg/kg)|
Dry, brittle, powder-like or pliable toy material
Liquid or sticky toy material
Scraped-off toy material
The proposed lead limits are identical to those in the past-proposed amendment from September 25, 2014. However, the date entering into force is now postponed to the 3rd quarter of 2018 instead of the 1st quarter of 2017.
On August 25, 2016, Commission Regulation (EU) 2016/1416 was approved and published in the Official Journal of the European Union (EU). The newly approved regulation amends and corrects the current Food Contact Material (FCM) Regulation (EU) No. 10/2011. The amendment will update specific migration limits (SML), definitions and testing conditions.View Story Read More
On September 14, 2017, following key amendments will be effective:
|Worst foreseeable contact temperature||Contact temperature to be selected for testing|
|175°C < T ≤ 200°C||200°C|
|T > 200°C||225°C|
|Food Simulant D2 (Before)||Food Simulant D2 (After)|
|Vegetable oil||Any vegetable oil containing less than 1% unsaponifiable matter|
In addition, effective September 14, 2018, the Specific Migration Limit (SML) for Zinc and Aluminum will be updated as summarized below:
|Element||SML (Before)/ mg/kg||SML (After)/ mg/kg|
On August 30, 2016, the Australian Competition & Consumer Commission (ACCC) published a notice to announce that the Federal Court has ordered online retailer Ozsal pay penalties totaling $500,000 due to supplying flammable children’s nightwear, which did not comply with the Australian mandatory safety standard, AS/NZS 1249:2003. The non-compliant products have also been recalled.View Story Read More
The non-compliant products were recalled due to the fact that children can suffer serious burns when nightwear can catch fire easily and quickly. Therefore, the ACCC Deputy Chair, Delia Rickard, stated that all retailers who sell garment products covered by an Australian mandatory safety standard must verify their products are compliant with the standard.
The Australian mandatory standard, AS/NZS 1249:2003, covers safety testing and labeling information regarding the flammability of children’s nightwear. For some garments, the standard mandates the mass of certain fabrics. For garments made of certain materials such as cotton, the denser the material, the quicker it will burn.
The standard also sets the maximum allowable length for trims and attachments. Lengthy trims or attachments increase the risk of a garment being exposed to a heat source, even when parents or caregivers may think a child is an adequate distance away from the heat source.
In June 2016, the Minister of Environment and Water Resources in Singapore approved the amendment act S 263/2016. The amendment act revises the current Environmental Protection and Management Act to include new chemical requirements, which are similar to the European restriction of the use of certain hazardous substances (RoHS) in controlled electrical and electronic equipment (EEE).View Story Read More
Compared to EU RoHS, Singapore RoHS applies to a narrower group of EEE products that are designed for household use, as listed below:
The restricted chemicals (Limits) set forth in the amendment act are summarized below:
The implementation date of the Singapore RoHS is July 1, 2017.
On October 1, 2016, the Notice to amend the Toys and Children’s Products Safety Ordinance enters into force. The notice will amend certain safety standards for children’s products including toys.View Story Read More
In general, the amended ordinance will adopt an updated version of standards (See Regulatory Recap: March 2016) for the following products:
On October 18, 2016, Thailand notification No. 374, which was published in April 2016, will enter into force. The notification includes the newly required food nutrition labeling information, Guideline Daily Amounts (GDA).View Story Read More
The GDA label provides energy value information and the amount of sugar, fat and sodium in the product. Apart from the content information requirement, the notification also provides the format requirements for the GDA label (See Regulatory Recap: July 2016).
On September 22, 2016, a total of 127 standards which were announced through Notice 08/2015 from the National Health and Family Planning Commission of the People’s Republic of China (NHFPC) entered into force.View Story Read More
The standards provide requirements and applicable testing methods for foods, food additives, food contact materials and nipples (See Regulatory Recap: May 2016), such as:
On June 30, 2016, the Philippines House of Representatives proposed house bill No. 321, an Act regulating the Importation, Manufacture, Distribution and Sale of Children’s Toys, School Supplies, Childcare articles and Other Related Products Containing Hazardous Chemicals.View Story Read More
Compared to the US Consumer Product Safety Improvement Act (CPSIA), the definitions of "Childcare article", "Toy", "School Implement" and "School Supplies" are different (see below).
|Product||US CPSIA||Philippines proposed Bill no. 321|
|Childcare Article||A consumer product designed or intended by the manufacturer to facilitate sleep or the feeding of children age 3 years and younger, or to help such children with sucking or teething.||Any product intended to facilitate sleep, relaxation, hygiene, the feeding of children or sucking on the part of children (under 14 years of age).|
|Children's Toy||Consumer product designed or intended by the manufacturer for a child 12 years of age or younger for use by the child when the child plays.||Any product or material designed and clearly intended for use in play by children under 14 years of age.|
|School Implement||NA||A tool used by children for writing, drawing, coloring, marking, gluing, or erasing that is likely to be licked or put in the mouth.|
|School Supplies||NA||Items or articles used for educational purposes which are not likely to be put in the mouth of children.|
Within three months from the effective date of this Act, the Philippine Food and Drug Administration (FDA) shall prepare a list of prohibited chemicals and substances, which may cause harm, injury, or death to children. In the list, following chemicals shall also be included:
For heavy metals identified in PNS/ISO 8124-3, compliance with one of the following standards is required:
For phthalates, compliance with one of the following is required:
|3||Bisphenol A (BPA)||Not Specified|
On August 2, 2016, the Philippines House of Representatives proposed house bill No. 2349, an Act Providing for Toy and Game Safety Labeling. The proposed bill provides standardized safety warning labeling and instruction requirements for toys.View Story Read More
In the proposed bill, any toys or games containing the following components shall bear a suitable warning on the packaging:
The cautionary statement in the warning label shall be written in English. Filipino or both languages. Below warnings are examples:
This summary is not intended to be exhaustive nor should it be construed as legal advice.
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