December 2019

On October 23, 2019, the Consumer Product Safety Commission (CPSC) published a direct final rule to revise the mandatory safety standard for non-full-size baby cribs (NFS cribs) and play yards to be incorporated into 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 standards with respect to each product category are as follows:

Non-full-size baby cribs

• Revision to the toehold requirement by adding a lower bound requirement and aligning it with the toeholds’ prohibition in the full-size cribs’ standard

Play yards

• Added a definition, requirement and test method for entrapment in cantilevered accessories

• Clarified the placement of the text fixture for the stability test

• Mattress vertical displacement test was split into two tests - the first being the original test reworded for more precise descriptions and an added secondary test to account for the evaluation of samples without a tubular floor support structure

• Alternate on-product warnings examples provided for products intended to be used in child care facilities

The new rule will be effective on January 20, 2020.

On October 25, 2019, the Consumer Product Safety Commission (CPSC) published a direct final rule to revise the mandatory safety standard for toddler beds to be incorporated into federal regulation 16 CFR 1217 (Safety Standard for Toddler Beds).

The significant changes to the standard are as follows:

• New definition for the term ‘corner posts’ added to provide clarity

• Performance requirements for the mattress support and side rails integrity were revised to ensure consistent testing

The new rule will be effective on January 27, 2020.

In November 2019, The Department of Toxic Substances Control (DTSC) proposed to regulate treatments containing perfluoroalkyl or polyfluoroalkyl substances (PFASs) for use on converted textiles or leathers. The DTSC is seeking public comment for the proposal until December 31, 2019.

PFASs are widely used in many applications, and most of them will degrade to a subclass, perfluoroalkyl acids (PFAAs). PFAAs are endocrine disrupting, and toxic in the development and reproduction of humans. Due to their persistence in the environment, they can contaminate sources and accumulate in food, drinking water and the human body.

The DTSC has identified treatments for converted textiles or leathers as significant sources of human and ecological PFAS exposure especially via inhalation during product use. These products include carpets, rugs, clothing, shoes, upholstery, or other converted fabrics. Because of the mentioned hazards, the DTSC is considering to list the treatments as Priority Products under the Safer Consumer Products (SCP) regulations. If this Priority Product regulation is adopted, the responsible entities must follow the reporting rules based on the SCP regulations.

On October 12, 2019, the governor of California signed Assembly Bill (AB) 44 into law to prohibit the sale, offer for sale, display for sale, trade, or otherwise distribution of fur products, starting as of January 1, 2023. The law will also prohibit the manufacturing of fur products in the state of California as of that date.

According to the law, “Fur” is defined as any animal skin or part thereof with hair, fleece, or fur fibers attached thereto, either in its raw or processed state. A “fur product” is defined as any article of clothing or covering for any part of the body, or any fashion accessory, including, but not limited to, handbags, shoes, slippers, hats, earmuffs, scarves, shawls, gloves, jewelry, keychains, toys, or trinkets, and home accessories and decor, that is made in whole or in part of fur.

A Fur product does not include any of the following:

• A dog or cat fur product, as defined in Section 1308 of Title 19 of the United States Code, as that section reads as of January 1, 2020

• An animal skin or part thereof that is to be converted into leather, which in processing will have the hair, fleece, or fur fiber completely removed

• Cowhide with hair attached

• Deerskin, sheepskin, or goatskin with hair attached

• The pelt or skin of an animal that is preserved through taxidermy

The bill exempts the following fur products from these prohibitions:

• A used fur product

• A fur product used for religious purposes

• A fur product used for traditional tribal, cultural, or spiritual purposes by a member of a federally recognized Native American tribe or a non-federally recognized California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission

• Any activity expressly authorized by federal law

On September 27, 2019, the governor of California signed Senate Bill 647 (SB 647) into law to strengthen the California Metal-containing Jewelry Law. This law will become effective on June 1, 2020.

The bill would revise and recast the provisions relating to the materials authorized to be used to make jewelry and children’s jewelry. Key changes to the law are as follows:

• Redefined the term “children” from “children six years of age and younger” to “persons under 15 years of age”

• Adopted federal standards for lead content in children’s jewelry

• Established soluble cadmium limit for surface coating on children’s jewelry

• Reduced the lead content limit to 0.05% for certain materials

• Required the manufacturer or supplier certification to provide additional details confirming that the jewelry has been tested

Highlights of SB 647 are summarized in the table as below:

On October 15, 2019, the European Commission issued Commission Implementing Decision (EU) 2019/1728 to adopt EN71-3:2019 for the migration of certain elements as a harmonized standard which provides a presumption of conformity to Toy Safety Directive 2009/48/EC.

Highlights of the changes are as follows:

• New legal limit of 0.053 mg/kg for Chromium (VI) for material category III has been adopted

• Calculation of the results of Chromium (III) has been revised

• Introduces new terms and definitions in the sample preparation procedures

• List of reagents and apparatuses has been revised

• Revised sampling and sample preparation procedures

• The migration procedure has been revised along with a more detailed pH checking procedure

• Performance requirements concerning the use of modifications to the annexes and alternatives to the specified test methods have been added

• Based on an inter-laboratory comparison, new data related to method performance have been introduced

The previous version of standard, EN71-3:2013+A3:2018, will be withdrawn on April 15, 2020.

Commission Directives (EU) 2019/1922 and 2019/1929 were published on November 19 and 20, 2019, respectively, in the Official Journal of the European Union (OJEU) to update the chemical requirements in Directive 2009/48EC Toys Safety Directive (TSD). In this update, the Aluminium migration limit is lowered, and a new formaldehyde restriction is adapted. The requirements will be effective as of May 2021.

TSD establishes certain requirements for chemical substances and lays down in part III of Annex II that the Expert Group on Toys Safety established by the European Commission (EC) is responsible for the preparation of legislative proposals and policy initiatives in the area of toy safety based on the latest scientific evidence. In light of the available scientific evidence and the recommendations of the Expert Group on Toys Safety, a new aluminium migration limit and new restriction on formaldehyde in different toys materials was adapted.

The amendments are summarized as below:

Revised Aluminium migration limit in point 13 of part III of Annex II to Directive 2009/48/EC

New Formaldehyde restriction in Appendix C to Annex II to Directive 2009/48/EC

In Europe, when hazards are identified in consumer products, the products will be recalled and published in the Safety Gate, which is updated weekly. The European recalls for May through October 2019 are summarized below:

*Other Hazards include Asphyxiation Hazard, Cut Hazard, Hearing Hazard, Damage to Eyesight Hazard, Drowning Hazard, Environmental Hazard, Health Risk Hazard, Microbial Hazard, Strangulation Hazard, Suffocation Hazard with a frequency of less than 30.

^Other Categories include Arts & Crafts, Candles & Burning Items and Accessories, Children’s Product - Arts and Crafts, Consumer Chemicals, Decorative Articles, Eyewear, Food Contact Material, Footwear, Furniture, Homeware (Non-food Contact), Jewelry, Watch or other Fashion Accessories, Personal Protective Equipment (excluding eye protection), Pet Toys, Sporting Goods / Equipment, Stationery Accessories, Tools and Writing Instruments with a frequency of less than 25.

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Did you know that over 12,000 ASTM standards are published each year?

ASTM International is an international standards organization that develops and publishes consensus standards on a wide range of products and materials. From additive technology (3D printing) to weathering and durability, there is an ASTM technical committee that may fit your interests. QIMA participates in several ASTM committees related to the consumer products that we test and assess - jewelry, toys, infant items, playground equipment, candles and others. ASTM committees are made up of volunteers from industry including manufacturers, consumers, government, consultants, test labs, academia…any interested individual can participate on a technical committee. It is a great way to better understand the reasons behind the requirements and to help implement necessary changes - plus network with others in your industry. New ASTM committees are developed as industry dictates. There is a new one being formed for weighted blankets. Are you interested?