May 2020

In January 2017, the U.S. Consumer Product Safety Commission (CPSC) issued a consumer product safety standard for Sling Carriers. The standard incorporated by reference the applicable ASTM voluntary standard. The CPSC is publishing this direct final rule revising the CPSC’s mandatory standard for Sling Carriers to update to ASTM F2907-19 with an effective date of July 6, 2020.

ASTM F2907-19, Standard Consumer Safety Specification for Sling Carriers, is intended to minimize the risk of injury to an occupant from the normal use and reasonably foreseeable misuse of products. The standard was codified in the Commission’s regulations at 16 CFR part 1228. This rule is incorporating ASTM F2907-19 as the mandatory standard.

ASTM F2907-19 includes revised requirements for test methods, labeling, and instructional literature. Below are the major changes to the revised standard:

1. The use of sling carriers for two occupants (rather than one)

   ASTM F2907-19 modifies the scope, testing, labeling, and instructional literature requirements to address slings designed to contain up to two occupants.

   • In section 1.3, the scope covers sling carriers designed to contain up to two occupants;

   • Section 6.2 requires each restraint system to be tested, accounting for the possibility of more than one restraint system;

   • Section 7.1.5 requires two-occupant slings to be tested with weight in both support areas concurrently;

   • In addition to the dynamic load requirements for single-occupant products in section 7.2.2, there are dynamic load requirements for two-occupant products in section 7.2.3;

   • In addition to the occupant-retention test requirements for single-occupant products in section 7.5.2, there are occupant-retention test requirements for two-occupant products in section 7.5.3;

   • Section 8.1.4 requires labels to state the recommended child weight for each support area, accounting for the possibility of more than one occupant;

   • Section 8.3.4 requires pictograms of improper and proper infant positioning to include one or two occupants, depending on the product design; and

   • The instructional literature requirements in section 9.3.9 retain the required language: "never place more than one baby in the sling carrier" for single-occupant sling carriers but provides a modified statement for two-occupant sling carriers.

2. Sling carriers that are marketed to carry more than the existing test weight of 35 pounds

   ASTM F2907-19 addresses this by requiring test weights to be the manufacturer’s recommended maximum occupant weight or 35 pounds, whichever is greater.

   • In section 1.3, the scope notes that, although the typical maximum weight of an occupant is 35 pounds, manufacturers may provide a higher weight limit;

   • For the dynamic load test, the test mass/weight in section 7.2.2 is the greater of 35 pounds, or the manufacturer’s recommended maximum weight; and

   • For the occupant-retention test, the test mass stated in section 7.5.1.3 is the greater of 35 pounds or the manufacturer’s recommended maximum weight.

3. Several revisions to clarify existing requirements, and editorial revisions that do not alter the substantive requirements or affect safety.

CPSC considers the changes as an improvement to safety for sling carriers designed for two occupants as consumers sometimes use sling carriers for two occupants.

In April 2020, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) issued a Safe Use Determination (SUD) to The Vision Council (TVC) member companies related to exposure to bisphenol A (BPA) from certain polycarbonate (PC) eyewear products that are manufactured, distributed, or sold by them.

The Safe Use Determination (SUD) for exposure to bisphenol A (BPA) is for PC prescription glasses and sunglasses, over-the-counter (OTC) reading glasses, non-prescription sunglasses, and safety glasses. The statement is for the parts of the glasses that do not exceed a defined acetonitrile extractable BPA level (as determined by LC/MS/MS). For details, please see below table.

The dermal exposure to BPA for these components to users is 0.53 µg/day, which falls below the "Maximum Allowable Dose Level (MADL)” for BPA (dermal exposure from solid materials) of 3 µg per day. Hence, a Proposition 65 warning is not required.

In April 2020, the Canadian General Standards Board: Standards Council of Canada published a new flammability and labeling requirement for tents, CAN/CGSB-182.1. This standard applies to consumer tents for outdoor use (including tents intended for both indoor and outdoor use), such as camping tents, backpacking tents, suspended tents, teepees, children’s tents tent trailers, ice-fishing tents, dining shelters, sun shelters and screen houses.

CAN/CGSB-182.1 incorporates specific sections of the Industrial Fabrics Association International standard, CPAI-84, entitled A Specification for Flame-Resistant Materials Used in Camping Tentage. CPAI-84 was introduced in 1972 to address fire hazards posed by highly flammable tent materials, such as waxed or oiled cotton canvas, which were commonly used at the time. Most tents available in today’s consumer market are made of lighter, synthetic materials that exhibit significantly different flammability properties. A need was identified to update the flammability and labeling requirements for tents intended for consumer use to more appropriately address the current flammability risks.

CAN/CGSB-182.1 was developed to update flammability and labeling requirements for tents intended for consumer use, with the aim to minimize fire hazards and improve safety. The standard also reduces testing variability and allows for a greater degree of innovation of tents to meet consumer expectations.

Health Canada is currently working on a proposal to replace the existing requirements under the Tents Regulations SOR/2016-185 with the requirements in CAN/CGSB-182.1. At this time, compliance with CAN/CGSB-182.1 is voluntary.

According to the annual surveillance report published by Health Canada in 2019, the Consumer Product Safety Program (CPSP) received 2,504 incident reports (2,343 consumer product reports and 161 cosmetic reports) from consumers and industry. A similar number of incident reports were received in 2018. Toys is the top reported product type and half of its reports are associated with an injury. The number of reports submitted voluntarily was also consistent between 2018 and 2019.

The incident reports received by the CPSP includes the products noted below:

1. Consumer products

A total of 2,343 consumer product incident reports were received in 2019. This is an average of around 195 reports received each month. There is a variation in numbers each month and that can be seasonal and influenced by social media attention. The reports for industry incidents on power saws, portable electric heaters, and air compressors caused the highest number of reports in March and October.

• 1. Top 3 consumer products reported in 2019

* Toys included baby walkers or jumpers; balloons; blocks, stacking toys or pull toys; building sets; dolls, plush toys and action figures; molding compounds; non-riding toy vehicles; powered riding vehicles; pretend electronics, tools, housewares and appliances; squeeze or squeaker toys; and teething rings.

• 2. Top 3 consumer products reported that mentioned a death

A total of 15 product types had an incident report that mentioned at least 1 death.

• 3. Top 3 consumer products reported that mentioned a non-fatal injury

A total of 794 incident reports mentioned a non-fatal injury in 2019.

2. Cosmetics

A total number of 161 cosmetic incident reports were received in 2019. Since there is no incident reporting requirement for industry from the Food and Drugs Act or the Cosmetics Regulations, all incident reports received are voluntary. 48% of them mentioned injuries and 86% of them were concerning toxicological hazards including the presence of bacteria, mold, toxins, or harmful chemical agents.

1. Top 3 cosmetic products reported

   The top 3 products reported are the same as the top 3 products that mentioned an injury.

On April 23, 2020, the World Trade Organization (WTO) circulated Notification G/TBT/N/EU/714 from the European Union (EU) proposing to amend Annex XVII to Regulation (EC) No. 1907/2006 (REACH). The changes are proposed to be implemented in phases starting in the fourth quarter of 2020.

According to the draft Commission Regulation and Annex attached to Notification G/TBT/N/EU/714, there are certain important proposed changes such as the following:

• Updating the referenced test methods (harmonized standard) for azocolorants (entry 43) in Appendix 10 of Annex XVII, to reflect technical progress;

• Deleting three entries - (entry 22 (PCP and its salts and esters); entry 67 ((Deca-BDE)) and Entry 68 (PFOA and its salts), as they have been or will be incorporated into Regulation 2019/2012 for persistent organic pollutants (POPs);

• Including CMR category 1A or 1B substances such as cobalt, two PAHs, one phthalate (DIHxP), etc. to entries 28 to 30 of Annex XVII to Regulation (EC) No 1907/2006 (REACH)

  to align with Regulation (EC) 1272/2008 on Classification, Labeling and Packaging of Substances and Mixtures (CLP Regulation);

• Including an exemption, from the aforementioned entries 28 to 30, for medical devices covered by Regulation (EU) 2017/745;

• Editorial changes to align the languages such as hazard statements with CLP regulation;

• Removed the CAS and EC numbers from entry 46 (Nonylphenol) of Annex XVII to cover all isomers.

In April 2020, the Japan Ministry of Health, Labour and Welfare (MHLW) published a new version of the positive list of substances approved for use in plastic food contact materials, which will be implemented starting June 1, 2020.

According to the Japan positive list system (see test), only listed raw materials are allowed to be used in the manufacturing of plastic food contact materials. Substances that are not present in the positive list shall not migrate into food at a concentration exceeding 0.01 mg/kg in the event that these substances could accidentally come into contact with food.

After the implementation of the positive list in June, manufacturers are required to notify the MHLW of any new products that include non-listed substances or listed substances in a non-approved use. Manufacturers can achieve compliance, either by substituting unlisted substances with those on the positive list, or by submitting a proposal to add unlisted substances to the positive list.

A five-year transition period will allow plastic food contact materials that are placed on the market, manufactured, imported or used in business before June 1, 2020 to be consumed until stocks are exhausted.