On September 9, 2016, the Consumer Product Safety Commission (CPSC) published technical report: Exposure Assessment: Potential for the Presence of Phthalates in Specified Materials at Concentrations Above 0.1 Percent. The assessment was conducted by the Toxicology Excellence for Risk Assessment Center at the University of Cincinnati (TERA).View Story Read More
Previously, the CPSC had proposed to exempt four plastics from phthalates testing. (See Regulatory Recap: August 2016). In support of the CPSC’s continued efforts to reduce third party testing burden, TERA has studied an additional eleven plastics to determine the presence of ten specified phthalates including the six Consumer Product Safety Improvement Act (CPSIA) regulated phthalates. The results of study may lead to further inclusion of plastics that are proposed to be exempted from CPSIA phthalate testing.
The overview of phthalates found in certain plastics is summarized below:
|Present phthalate^||Plastic Types*|
|PMMA /PAN||EBR||EBC||EVA / EVOH||EPM / EPDM||Surlyn®||PC||GPS / MIPS / SHIPS / SBC||SR||SAN||SBS / SBR|
1: Study found that the presence of DBP could be additives.
2: One study reported DBP at unspecified concentration in an unspecified toy.
|^Present phthalate||*Plastic Types|
On September 28, 2016, House Bill H.R. 6269 (Identical Senate Bill S. 3412) was introduced in the House of Representatives. The bill proposed to ban the use of Bisphenol A (BPA) in food containers.View Story Read More
The proposed bill bans the following food containers composed of BPA or which can release BPA into food:
Despite the proposed ban, the Food and Drug Administration (FDA) may grant waivers to a particular facility (defined in section 415 of the Federal Food, Drug, and Cosmetic Act) that manufactures, processes, packs holds or sells food product. However, the facility receiving such waivers must:
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 Non-Powder Guns
Establishes performance requirements and test methods intended to provide a reasonable degree of safety in the normal use of non-powder guns and projectiles.
Standard Consumer Safety Specification for Toy Safety
Covers requirements and contains test methods for toys intended for use by children under 14 years of age. There are different age limits for various requirements in this specification. These limits reflect the nature of the hazards and expected mental or physical ability, or both, of a child to cope with the hazards.
|16 CFR 1217||ASTM F1821-16||
Standard Consumer Safety Specification for Toddler Beds
Covers requirements for the design and performance of toddler beds. It also contains requirements for labeling and instructional material.
Standard Consumer Safety Specification for Soft Infant and Toddler Carriers
Establishes performance requirements, test methods and marking requirements to promote safe use of soft infant and toddler carriers.
On October 20, 2016, a new version (2016) of the ASTM F963 standard was published. The revision summary is listed below.
ASTM F963 has long been a key standard for toy safety testing. This standard addresses safety requirements for toys which are any object designed, manufactured or marketed as a plaything for children under 14 years of age (Excluding products listed in Appendix A).View Story Read More
According to the Consumer Product Safety Improvement Act (CPSIA), the updated standard will be enforced and become mandatory 180 days after ASTM has notified the Consumer Product Safety Commission (CPSC) of the update. However, the CPSC may reject the revision within 90 days.
The following requirements or test methods are amended:
|4.3.6 and 8.4||Microbiological Safety|
|4.3.7 and 8.29||Stuffing Material Requirements|
|220.127.116.11 and 8.13||Mouth-actuated Projectile Toys|
|4.14||Cords, Strap and Elastics in Toys|
|4.15.1 and 8.28||Ride-on Toys|
|4.21, 8.13 and 8.14||Projectile Toys|
|4.25 and 5||Battery Operated Toys|
|4.38 and 8.25||Magnets|
|4.40 and 8.30||Expanding Materials|
|4.41 and 8.27||Toy Chests|
|5-7||Labeling / Instruction / Producer Marking|
For more detail, please see our ASTM F963-16 Toy Safety Standard page.
On October 7, 2016, the Office of Administrative Law (OAL) approved the emergency regulation proposed by the California Office of Environmental Health Hazard Assessment (OEHHA) regarding temporary use of a standard point-of-sale warning message for Bisphenol A (BPA) for canned and bottled foods and beverages.View Story Read More
The emergency regulation continues the adoption of a standard point-of-sale warning message for BPA for canned and bottled foods and beverages addressed in the previous amendment on California Code of Regulations (See Regulatory Recap: April 2016). The emergency regulation will expire on January 18, 2017.
In addition, OEHHA initiated a regular rulemaking process for BPA warnings (See Regulatory Recap: September 2016) but the rulemaking procedure has not been completed yet.
On October 21, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) added a new chemical to the Proposition 65 List. The new chemical is:
1. Pentachlorophenol and by-products of its synthesis (complex mixture)
The added chemical meets the requirements for listing as known to the State of California to cause cancer for purposes of Proposition 65. The chemical details are provided below:
|Chemical||Chemical Abstracts Service Number (CAS No.)||Types of Toxicity|
|Pentachlorophenol and by-products of its synthesis (complex mixture)||---||Cancer|
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
Recent 60-day notices from September and October of 2016 include the following:
|Chemical||Product / Source||Number of Notices|
|Acrylamide||Black Ripe Olives||1|
|Potato Based Snack Foods / Products||2|
|Arsenic (inorganic arsenic compounds)||Brown Rice Syrup||1|
|Arsenic (inorganic arsenic compounds), Arsenic (inorganic oxides), Lead||Black Olive Paste Plain||1|
|Benzene||Gas Leak at Aliso Canyon||1|
|Bisphenol A (BPA)||Cocktail Shaker||1|
|Measuring Cup Set||1|
|Polycarbonate Water Bottle||2|
|Cadmium||Cacao Powder / Nibs||2|
|Cadmium, Lead and lead compounds||Dietary Supplements||1|
|Carbon monoxide||Charcoal lighter fluid||1|
|Charcoal grills and hibachis||1|
|Wood-burning outdoor heating products||1|
|Di(2-ethylhexyl)phthalate (DEHP)||Anti Slip Mat||1|
|Bath Pillow / Shower Cap / Shower Curtain||3|
|Beauty Accessories /Travel Grooming Kits||2|
|Book Cover /Logbook||2|
|Camp Sink and Worktop||1|
|Corner caddies w/suction cups||1|
|Dust Pans with Vinyl/PVC Grips||1|
|Explorer Bilt Dry Bag||1|
|Headphones with USB Cable /Head Bands||2|
|Office Clear Bag||1|
|Pet Products (Bath Mitts, Waste Bag Holders, Waste Tools with Grips)||3|
|Pliers / Hand tools||4|
|PVC Electrical Tape||3|
|Razor Blade Scraper||1|
|Retractable Test Leads||2|
|Stools with Vinyl/PVC Upholstery||1|
|Suction cup Sponge Holder||1|
|Tire Pressure Gauge Tubing||1|
|USB Portable fan||1|
|Variable Speed Rotary Tool Kit||1|
|vinyl bedding and bedding storage cases||2|
|Vinyl products (Hangers, Amplifier Handle Straps, Belts, Beverage Coolies Candy Boxes, Cutting Mats, Hoses, Keychains, Tape, Toilet Seats)||14|
|Di(2-ethylhexyl)phthalate (DEHP), Di-isodecyl phthalate (DIDP), Diisononyl phthalate (DINP)||PVC rainwear and cases||1|
|Vinyl Tile Flooring||1|
|Vinyl Travel Accessories||1|
|Di(2-ethylhexyl)phthalate (DEHP), Diisononyl phthalate (DINP)||Armband for Smartphones||1|
|Children's Swim Mask & Snorkel||1|
|Product storage cases||1|
|vinyl bedding storage cases / hangers||3|
|Di(2-ethylhexyl)phthalate (DEHP), Di-n-butyl phthalate (DBP)||Children's Sandals||1|
|Di(2-ethylhexyl)phthalate (DEHP), Lead||Vinyl/PVC Clotheslines , Vinyl/PVC Stickers||1|
|Di(2-ethylhexyl)phthalate, Tris(1,3-dichloro-2-propyl) phosphate (TDCPP)||Chairs with Vinyl/PVC Upholstery, Chairs with Foam Padding||1|
|Di-isodecyl phthalate (DIDP), Diisononyl phthalate (DINP)||Pliers with Vinyl-Coated Grips||1|
|Diisononyl phthalate (DINP)||Adaptor||2|
|Children's Vinyl Bag||1|
|Earwax Removal Kit||1|
|Flex Shaft Attachment||1|
|Handbags / Wallet||2|
|Mole Bait Applicator||2|
|Soft Baits and Jigs||2|
|Vinyl Bulletin Board||2|
|Vinyl/PVC Tool Grips||2|
|Di-n-butyl phthalate (DBP)||Sandals||1|
|Air Compressor Kits||1|
|Bar Sink Drains||1|
|Bill Tube Tricks||1|
|Brass Tools (Anchors, Bushings, Cylinders, Fork Caps, Fuel Fittings, Hammers, Joiners, Mill Rods, Nuts, Padlocks)||22|
|Clothing Made With Leather, Vinyl, or Imitation Leather Materials||1|
|Food Products (Dried Teas, Dried Fruits)||17|
|Glass Jars / Mugs with Exterior Decorations||3|
|Router Inlay Kits||1|
|Rubber Test Cap w/ Hose Bib||1|
|Waste Trim Kits||1|
|Lead and lead compounds||Accu-Bend Level||1|
|Camping Propane Canister Stove||1|
|Ceramic Disk Cartridge||1|
|Cylinder Leakage Tester Kit||1|
|Decorative Hose Stand with Spigot||1|
|Pocket Rocket Stove Kit||1|
|Water Line Connection||1|
On October 12, 2016, the Maine Department of Environmental Protection (DEP) issued a draft rule to designate two chemicals of high concern as priority chemicals. The two chemicals are Decabromodiphenyl Ether (Deca BDE) and Hexabromocylododecane (HBCD).View Story Read More
According to the Maine Toxic Chemicals in Children’s Products Law, manufacturers of children’s products are required to submit a report to DEP within 180 days after a priority chemical is newly identified if the product contains:
In the draft rule, the following products are exempted from the reporting requirements:
The draft rule was under comment period until November 14, 2016.
In October 2016, the Vermont Department of Health (DOH) issued an updated Guidance for Manufacturers: Chemical Disclosure Program. The guidance provides supporting information for the chemicals of high concern to children (CHCC) rule.View Story Read More
The key changes in the updated guidance are summarized as follows:
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 September 1 to October 30, 2016 are summarized below:View Story Read More
* Other Hazards include Burn Hazard, Choking Hazard, Electrical shock Hazard, Entanglement Hazard, Failure to Operate in an Emergency, Ingestion Hazard, Laceration Hazard, Microbial Hazard, Strangulation Hazard and Violation of Federal Flammability Standard with frequency less than 4.
|Sporting Goods / Equipment||6|
|Computer / Audio / Video / Other Electronics & Accessories||5|
|Tools and Hardware||5|
^ Other Categories include Art Materials, Fabric / Textile / Garment / Home Textile, Footwear, Heating / Cooling
Download the complete Recalls Summary – US (October 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 September 1 to October 30, 2016 are summarized below:View Story Read More
* Other hazards include Burn Hazard, Chemical Hazard, Drowning Hazard, Impact Hazard, Electric Shock Hazard, Entrapment Hazard, Laceration Hazard, Microbial Hazard, Strangulation Hazard and Violation of Packaging and Labeling Requirements with a frequency of less than 5.
|Fabric / Textile / Garment / Home Textile||6|
|Personal Protective Equipment (excluding eye protection)||4|
|Sporting Goods / Equipment||4|
^ Other categories include Computer / audio / video / other electronics & accessories, Cosmetics / Bodycare, Footwear, Furniture, Home electrical appliances (hair dryer, iron, etc.), Homeware (non-food contact), Lighting, Tools and Hardware and Toys and Childcare Articles with frequency less than 4.
Download the complete Recalls Summary – Canada (October 2016)
On October 6, 2016, the European Chemical Agency (ECHA) proposed to amend Annex XVII of Regulation (EC) No. 1907/2006 Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) through World Trade Organization (WTO) notifications. The added chemicals are Methanol and Perfluorooctanoic acid (PFOA).View Story Read More
Upon enforcement, the proposed regulations will amend the Annex XVII of REACH Regulation List of Restriction by adding following 2 chemicals and their conditions:
|Item||Chemical||Chemical Abstract Service (CAS) Number
(European Community (EC) Number)
|68||Perfluorooctanoic acid (PFOA)and its salts||335-67-1 (206-397-9)||
Shall not be manufactured, or placed on the market as substances on their own.
Shall not be used in the production of, or placed on the market in:
Paragraphs 1 and 2 shall apply to:
Shall not be placed on the market to the general public in the following:
On October 4, 2016, the Turkey Ministry of Customs and Commerce issued new Toy Safety Regulations (Number 29847). The regulations determine the procedures and principles for the importation of safe toys which are intended or designed for use in game play for children under 14 years of age.View Story Read More
The Turkey Toy Safety Regulations adopt the European Toys Safety Directive 2009/48/EC and it will become effective on April 4, 2017. The new regulations address certain requirements for toys:
This regulation does not apply to the following toys:
On October 13, 2016, the Ministry of Industry and Information Technology of the People’s Republic of China (MIIT) proposed an amendment of standard SJ/T 11364-2014 Marking for the Restriction of Hazardous Substances in Electrical and Electronic Products. The standard details labeling and marking requirements for products covered by the China Restriction of the Use of Hazardous Substances in Electrical and Electronic Product (China RoHS 2).View Story Read More
The proposed amendments add new conditions for electronic and electrical products that may not be required to have markings directly on the product such as components, parts and raw materials. (Examples: display components, circuit boards, resistors, etc.) However, the marking is still required on the product instructions. The amendment was under comment period until November 13, 2016.
On July 21, 2016, Senate bill 838 was introduced in the 17th Congress of Senate of the Philippines. The bill proposes an amendment to the Republic Act No. 7394 Consumer Act of the Philippines including Chapter IV Labeling and Fair Packaging.View Story Read More
Key proposed amendments of the regulation related to labeling information on consumer products are summarized below:
In addition to changes in labeling requirements, the amendment also adds a new provision to ban suppliers from importing defective goods.
On September 9, 2016, the Korean Ministry of Trade, Industry and Energy (MOTIE) issued Notice 2016-481 through World Trade Organization (WTO) to propose revisions to the safety standards for children’s products covered by Article 22 of the Special Act on Safety of Children’s Products.View Story Read More
The key proposed amendments in the notice are summarized below:
This summary is not intended to be exhaustive nor should it be construed as legal advice.
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