September 2022 Regulatory Update

NORTH AMERICA NEWS

USA: Public Law 117-171 for Button or Coin Cell Batteries (Reese’s Law) is Enacted

This Act requires the Consumer Product Safety Commission to promulgate a consumer product safety standard to protect children and other consumers against hazards associated with the accidental ingestion of button or coin cell batteries.

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On 16 August 2022, Public Law 117-171, also known as Reese’s Law, was enacted by the United States Congress. The enactment of this law identifies the following to be incorporated into a Consumer Product Safety Standard:

  1. No later than one year after the date of enactment of this Act (in other words, by 15 August 2023), the Consumer Product Safety Commission (CPSC) shall promulgate a final consumer product safety standard for button cell or coin batteries and consumer products containing button cell or coin batteries. This standard shall contain:
    1. a performance standard for associated battery compartments that would eliminate or adequately reduce the risk of harm from button or coin cell battery ingestion by children six years of age or younger
    2. warning label requirements
  2. The warning labels are required to:
    1. clearly identify the hazard of ingestion; and
    2. instruct consumers, as practicable, to keep new and used batteries out of the reach of children, to seek immediate medical attention if a battery is ingested, and to follow any other consensus medical advice
Child-resistant Package:

No later than 180 days after the date of the enactment of this Act (in other words, by 12 February 2023), the packaging of any button or coin cell battery shall comply with the standards provided in section 1700.15 of title 16, CFR (Code of Federal Regulations) also known as the poison prevention packaging standards and the testing procedure for special packaging outlined in section 1700.20 of title 16, CFR.

Exemptions to the above are as follows:
  1. Toy products that comply with battery accessibility and labeling requirements of part 1250 of title 16, CFR, the safety standard mandating ASTM F963 for toys and in reference to child-resistant packaging
  2. Button or coin cell batteries that comply with marking and packaging provisions of ANSI C18.3M, the safety standard for portable lithium primary cells and batteries
Effective Date:

The standard promulgated by the CPSC, and the requirement of child-resistant packaging shall apply to products manufactured or imported after the effective date of such standard or requirement.

For More Information About This Story:
Contact: Vincent Wong (Technical Consultant for E&E)
Phone: (852) 3185 8000
Email: regulatoryupdates@qima.com

USA: Hawaii Bans PFAS In Firefighting Foams and Food Packaging Products

The governor of Hawaii has signed the law which restricts per- and polyfluoroalkyl substances (PFAS) in class B firefighting foam and certain food packaging. The prohibition of PFAS in food packaging will become effective on 31 December 2024.

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On 27 June 2022, the governor of the state of Hawaii signed bill HB1644 into law (Act 152). This law came into effect on 1 July 2022 to restrict perfluoroalkyl and polyfluoroalkyl substances (PFAS) in class B firefighting foam and certain types of food packaging. The intent is to reduce environmental, health and safety concerns that are associated with PFAS chemicals that can be found in these products.

The new law prohibits the intentional addition of PFAS in food packaging comprised, in substantial part, of paper, paperboard or other plant-derived materials. The four types of food packaging addressed in this law are: 1. food boats, 2. pizza boxes, 3. plates, 4. wraps and liners. The prohibition of PFAS in food packaging will become effective on 31 December 2024.

For Class B firefighting foams, the prohibition will be implemented in different stages starting 1 January 2023, onwards.

“PFAS chemicals” are defined by the law as all members of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

Highlights of the new law on intentionally added PFAS in Class B firefighting foam and food packaging are summarized in the below table.

Substances Scope Requirement Effective Date
PFAS Class B firefighting foam Manufacturers to notify sellers of their applicable products of the requirements 1 January 2023
Class B firefighting foam Prohibited to use for testing and training and to manufacture, sell, offer for sale or distribute, unless the intended use is to suppress a petroleum fire 1 July 2024
Food packaging (food boats, pizza boxes, plates, wraps and liners) Prohibited 31 December 2024
For More Information About This Story:
Contact: Alex Hui (Senior Technical Manager)
Phone: (852) 3185 8000
Email: regulatoryupdates@qima.com

USA: Delaware Restricts Flame Retardants in Certain Consumer Products

Through the passage of HB77, the state of Delaware will restrict flame retardants (FR) in several categories of consumer products including children’s products, upholstered furniture and mattresses. The restriction will become effective on 1 July 2023.

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On 4 August 2022, the governor of the state of Delaware signed House Bill No. 77 into law to ban flame retardants in various consumer products including children’s products, upholstered furniture and mattresses. The intent is to address hazards associated with flame retardants such as neurological damage and cancer.

According to the law, a “children’s product” is defined as a product designed for residential use by infants and children under 12 years old such as a bassinet, booster seat, changing pad, floor play mat, highchair pad, infant bouncer, infant carrier, infant seat, infant swing, infant walker, nursing pad, nursing pillow, playpen side pad, play yard, portable hook-on chair, stroller, mattress, and children’s nap mat.

The law prohibits the manufacture, sale or offer to sell or the distribution of these products containing flame retardant chemicals. However, the requirement does not apply to mattresses or upholstered furniture that can be sold or distributed in commerce in California. Details of the requirements are listed in the below table.

Flame retardant Scope Limit
  • Antimony
  • Chlorinated paraffins (CPs)
  • Deca-BDE
  • Hexabromocyclododecane (HBCD)
  • 2-ethylhexyl-2,3,4,5-tetrabromobenzoate (TBB)
  • Tetrabromobisphenol A (TBBPA)
  • Bis(2-ethylhexyl) tetrabromophthalate (TBPH)
  • Tris(2-chloroethyl)phosphate (TCEP)
  • Tris(1-chloro-2-propyl)phosphate (TCPP)
  • Tris(1,3-dichloro-2-propyl)phosphate (TDCPP)
  • Children’s products for residential use
  • Upholstered furniture – fabric, barrier or decking materials, covering or cushioning materials
≤ 0.1% each FR and
≤ 0.1% of a mixture containing one or more FR
  • Organohalogens (OFR)
  • Mattresses
≤ 0.1% each OFR and
≤ 0.1% of a mixture containing one or more OFR
For More Information About This Story:
Contact: Alex Hui (Senior Technical Manager)
Phone: (852) 3185 8000
Email: regulatoryupdates@qima.com

United States (US) Recalls Summary (01 August 2022 to 31 August 2022)

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 01 August 2022 to 31 August 2022 are summarized below:

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Hazards Frequency
Laceration Hazard 3
Injury Hazard 7
Entrapment Hazard 2
Entanglement Hazard 2
Strangulation Hazard 2
Fire Hazard 1
Burn Hazard 2
Lead Poisoning Hazard 1
Health Risk Hazard 1
Fall Hazard 2
Crash Hazard 2

Product Categories Frequency
Tools and Hardware 2
Electrical Appliances 1
Sporting Goods / Equipment 3
Toys and Childcare Products 4
Computer / Audio / Video / Other Electronics & Accessories 1
Fabric / Textile / Garment / Home Textile 1
Car Components 1
Food Contact Material 1

For a complete list click here


Canada Recalls Summary (01 August 2022 to 31 August 2022)

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 01 August 2022 to 31 August 2022 are summarized below:

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Hazards Frequency
Fire Hazard 1
Burn Hazard 1
Laceration Hazard 3
Microbiological Hazard 12
Injury Hazard 3
Health Risk Hazard 3
Choking Hazard 7
Risk of Allergy 6
Strangulation Hazard 7
Entanglement Hazard 1
Entrapment Hazard 1
Fall Hazard 1
Drowning Hazard 1

Product Categories Frequency
Outdoor Living Items 1
Tools and Hardware 2
Food 14
Chemicals 2
Pet Food 1
Pharmacy 1
Household Items 7
Toys and Childcare Products 5
Sporting Goods / Equipment 2

For a complete list click here


SOUTH AMERICA NEWS

Venezuela: Technical Regulations for Labelling of Garments (Textiles), Resolution No. 37, 2022

The Venezuelan Peoples Ministry for Commerce, MinComercio published Resolution No. 37 on Technical Regulations for Labelling of Garments (Textiles).
This Resolution entered into force on 15 July 2022.

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Under published Resolution No. 37 on Technical Regulations for Labelling of Garments (Textiles) by the Venezuelan Peoples Ministry for Commerce, any garment (textile) that is manufactured or imported and marketed in the national territory must have a label containing the following information, in Spanish:

  • Country of Origin (the words “Made in the Bolivarian Republic of Venezuela" used for products made in Venezuela)
  • Fiber composition
  • Manufacturer/ Importer information (Company name, Tax Information Registry RIF number)
  • Trademark
  • The registration number of the Registry established in this Technical Regulation
  • Size
  • Care instructions

Method of labelling:

  • The label must be visible
  • Its information legible
  • The letters shall have a height of at least two (02) millimeters (unless SENCAMER (National Autonomous Service for Standardization, Quality, Metrology and Technical Regulations) has authorized otherwise)
  • The pictograms should be easy to see and comprehend

Important notes:

Any national manufacturer or importer of clothing (textile) must register in the Mandatory Registry of National Manufacturers and Importers of clothing (textile), which for this purpose shall be carried out by SENCAMER

For More Information About This Story:
Contact: Elaine Tam (Technical Consultant - Textile & Footwear)
Phone: (852) 3185 8000
Email: regulatoryupdates@qima.com

OCEANIA NEWS

Australia Recalls Summary (01 August 2022 to 31 August 2022)

In Australia, when hazards are identified in consumer products, they will be recalled and published in the Recalls and Safety Alerts Database on the Australian Competition & Consumer Commission website, which is updated daily. The Australia recalls from 01 August 2022 to 31 August 2022 are summarized below:

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Hazards Frequency
Strangulation Hazard 1
Injury Hazard 11
Burn Hazard 2
Choking Hazard 2
Fire Hazard 2
Drowning Hazard 2
Entrapment Hazard 1
Electric Shock Hazard 1
Chemical Hazard 1
Asphyxiation Hazard 1
Microbiological Hazard 1
Health Risk Hazard 1

Product Categories Frequency
Household Items 2
Sporting Goods / Equipment 5
Electrical Appliances 2
Home Electrical Appliances 1
Protective Equipment 1
Food Contact Material 1
Medical Devices 1
Food 2

For a complete list click here


EUROPE NEWS

United Kingdom: Updated Designated Standards: Toy Safety – Consolidated List

On 5 September 2022, The United Kingdom Department for Business, Energy and Industrial Strategy published an updated consolidated list of toy designated standards, in support of the Toys (Safety) Regulations 2011/(S.I. 2011/1881).

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The United Kingdom (UK) Department for Business, Energy and Industrial Strategy (BEIS) published an updated consolidated list of toy designated standards, in support of the Toys (Safety) Regulations 2011/(S.I. 2011/1881) on 5 September 2022. This update on the consolidated list will bring the UK in line with the harmonized standards already referenced in the European Union (EU).

From a testing and compliance standpoint, this is a benefit to UK toy importers who also sell toys in the EU, as a common set of standards will be applicable.

Title of the designated standard Standard withdrawn in consolidated list Added into the consolidated list
Flammability EN 71-2:2011+A1:2014 EN 71-2:2020
Migration of certain elements EN 71-3:2019 EN 71-3:2019+A1:2021
Notice: The interpretation of clause 7 of the standard should be taken to require that test portions should not be made up of combined materials prior to the migration and analysis stages of the test
Experimental sets for chemistry and related activities EN 71-4:2013 EN 71-4:2020
Finger paints EN 71-7:2014+A2:2018 EN 71-7:2014+A3:2020
N-Nitrosamines and N-nitrosatable substances EN 71-12:2013 EN 71-12:2016
Notice: The limit values in point a) of Table 2 of clause 4.2 of standard ‘EN 71-12:2016 Safety of toys — Part 12: N-Nitrosamines and N-nitrosatable substances’ are lower than the limit values to be complied with as set out in point 8 of part III of Annex II to S.I. 2011/1881. In particular those values are as follows:
- N-nitrosamines: 0,01 mg/kg (Standard EN 71-12:2016);0,05 mg/kg (S.I. 2011/1881)
-N-nitrosatable: 0,1 mg/kg (Standard EN 71-12:2016); 1 mg/kg (S.I. 2011/1881)
Olfactory board games, cosmetic kits and gustative games EN 71-13:2014 EN 71-13:2021
For More Information About This Story:
Contact: Vivian Chan (Technical Consultant)
Phone: (852) 3185 8052
Email: regulatoryupdates@qima.com

Europe Recalls Summary (01 August 2022 to 31 August 2022)

In Europe, when hazards are identified in non-food consumer products, the products will be recalled and published in the Safety Gate system, which is updated weekly. The European recalls from 01 August 2022 to 31 August 2022 are summarized below:

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Hazards Frequency
Environmental Hazard 9
Injury Hazard 21
Strangulation Hazard 6
Burn Hazard 6
Electric Shock Hazard 9
Fire Hazard 7
Chemical Hazard 74
Health Risk Hazard 6
Choking Hazard 16
Entrapment Hazard 3
Other Hazards* 4

*Other Hazards include Microbiological Hazard, Damage to Hearing, Damage to Sight and Suffocation Hazard with a frequency of less than 2.


Product Categories Frequency
Toys and Childcare Products 33
Fabric / Textile / Garment / Home Textile 8
Electrical Appliances 8
Sporting Goods / Equipment 3
Protective Equipment 7
Bodycare / Cosmetics 28
Chemicals 14
Jewelry 15
Home Electrical Appliances 4
Car Components 3
Other Categories* 10

*Other Categories include Stationery, Accessories, Machinery, Food Contact Material, Furniture, Footwear and Outdoor Living Items with a frequency of less than 3.


Notifying Country Frequency
Czechia 12
Poland 18
Finland 10
Germany 15
Lithuania 12
France 6
Ireland 8
Slovakia 13
Sweden 16
Bulgaria 4
Cyprus 5
Other Countries* 14

*Other Countries include Estonia, The Netherlands, Romania, Austria, Luxembourg, Belgium and Norway with a frequency of less than 4.


For a complete list click here


ASIA NEWS

China: National Health Commission Published GB Standards for Food Contact Paper, Bamboo and Wood Material

China’s National Health Commission (NHC) has published a revised food contact standard for paper and cardboard and a new one covering bamboo and wood. The effective date of the revised standard for paper and cardboard is 30 June 2023. For the new standard for bamboo and wood, the effective date is 30 December 2022.

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On 28 July 2022, China’s National Health Commission (NHC) published 36 new and three revised food safety mandatory national standards. Such updates included two major food contact materials (FCM) standards - GB 4806.8-2022 Paper and Paperboard in Contact with Foodstuffs (a revised standard) and GB 4806.12-2022 Bamboo and Wood in Contact with Foodstuffs (a new standard).

The effective date of GB 4806.8-2022 is 30 June 2023, and the effective date of GB 4806.12-2022 is 30 December 2022.

GB 4806.8-2022 Paper and Paperboard in Contact with Foodstuffs defines silicone paper as one kind of paper article and updates the migration index and residue limits.
GB 4806.12-2022 Bamboo and Wood in Contact with Foodstuffs has filled the gap of legislative supervision on food contact bamboo and wood articles, which should add clarity for manufacturers and distributors. The details and interpretations of both standards are as follows:

GB 4806.8-2022

  1. Increased scope of application: not applicable to food contact materials and products made of regenerated cellulose film (cellophane). Silicone paper is also defined as a kind of paper.
  2. 2. Added the limit of physical and chemical indicators 1.3-dichloro-2-propanediol and 3-chloro-1,2-propanediol residues
    • 1.3-Dichloro-2-propanediol: not detectable (DL=2 ug/L)
    • 3-Chloro-1,2-propanediol: ≤12 μg/L
  3. Deleted the requirement of potassium permanganate consumption index
  4. Detailed sensory requirement: the new version specifies that if decolorization happens to unbleached and uncolored paper and paperboard, this situation will not be considered as abnormal coloring
  5. Clarified sampling method: for the testing of residue limits, the sampling area of formaldehyde is one side only.
  6. Added other technical requirements: food contact paper and cardboard materials and products using coatings, inks and (or) adhesives and other materials should also meet the corresponding national food safety standards.

GB 4806.12-2022

  1. Sensory requirements
    1. Sensory: normal color, no burrs, moth-eaten, odor, mildew or other dirt
    2. Soaking solution: The soaking solution obtained from the migration test should not have any deterioration of sensory properties such as precipitation, odor, abnormal coloring, etc.
  2. Physical and chemical indicators
    1. Migration indicator
      Item Index
      Total Migrationᵃ (mg/dm2) ≤10
      Formaldehyde/(mg/kg) ≤15
      Sulphur dioxide/(mg/kg) ≤10
      Pentachlorophenol and its salts (calculated as pentachlorophenol)/(μg/kg) ≤0.15
      ᵃ Bamboo and wood materials and products for special food for infants and young children should be converted into mg/kg according to the area-to-volume ratio in actual use, and the limit is 60mg/kg
    2. Residue indicator
      Item Index
      Thiabendazole/(mg/kg) ≤1.2
      o-Phenylphenol/(mg/kg) ≤4.8
      Imazalil/(mg/kg) ≤0.4
      Biphenyl/(mg/kg) ≤0.6
    3. Other physical and chemical indicators: should comply with the physical and chemical indicators of GB 9685, National Food Safety Standard, and related announcements on specific migration limits, specific total migration limits and maximum residues of oils, waxes and other additives.
  3. Microbial indicators
    Microorganisms of bamboo and wood materials that are expected to be in direct contact with food and used directly without disinfection or cleaning shall comply with GB 14934, National Food Safety Standard Disinfection of Dining and Drinking Sets, except bamboo and wood products that need to be peeled, shelled or cleaned before eating, cooking or processing.
  4. Other technical requirements
    Bamboo and wood materials and products for food contact using materials such as coatings, inks and (or) adhesives shall also comply with the provisions of the corresponding national food safety standards.
  5. Label requirements: should comply with the provisions of GB 4806.1, General Safety Requirements for Food-Contact Materials and Articles
For More Information About This Story:
Contact: Alex Hui (Senior Technical Manager)
Phone: (852) 3185 8000
Email: regulatoryupdates@qima.com

China Recalls Summary (01 August 2022 to 31 August 2022)

In China, when hazards are identified in consumer products, they will be recalled and published in the SAMR Defective Product Administrative Centre, which is updated daily. The China recalls from 01 August 2022 to 31 August 2022 are summarized below:

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Hazards Frequency
Injury Hazard 21
Safety Risk Hazard 16
Burn Hazard 22
Fall Hazard 9
Health Risk Hazard 10
Cut Hazard 7
Electric Shock Hazard 8
Fire Hazard 5
Suffocation Hazard 1
Strangulation Hazard 1
Entanglement Hazard 1
Damage to Skin 1

Product Categories Frequency
Machinery 1
Food Contact Material 23
Furniture 15
Sporting Goods / Equipment 5
Protective Equipment 9
Footwear 1
Chemicals 3
Stationery 4
Electrical Appliances 9
Fabric / Textile / Garment / Home Textile 6
Toys and Childcare Products 1
Construction Products 2

Provinces Frequency
Inner Mongolia 4
Zhejiang 35
Tianjin 3
Beijing 4
Guangdong 14
Guangxi 1
Jiangsu 4
Anhui 12
Hubei 2

For a complete list click here


SEPTEMBER CONTRIBUTORS

Vivian Chan

Alex Hui

Vincent Wong

Elaine Tam

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