On January 8, 2021, the OEHHA promulgated a notice of proposed rulemaking to amend Article 6 of Title 27 of the California Code of Regulations. If enforced, the amendments may create a new compliance obligation to businesses selling products to consumers in the state of California by significantly limiting the use of short-form safe harbor warnings.
Public written comment period: until March 8, 2021
In 2016, new Article 6 Clear and Reasonable Warning regulations were adopted by OEHHA which included provisions for a short-form Prop 65 warning. However, as less label space was required and the identification of a specific Prop 65 listed chemical could be avoided, the short-form could be utilized in ways that went against the intention and purpose.
Since less information is provided to the consumer by the short-form warning, the January 8 proposal would restrict its use by suggesting various changes, including:
Under the proposal, the new warning would be more detailed, providing more information.
Below is an example warning statement when the product requires a warning from both toxicity endpoints (carcinogen and reproductive toxicant):
“WARNING: Cancer Risk from [insert chemical name] and Reproductive Risk from [insert chemical name] Exposure – www.P65Warnings.ca.gov.”
The proposed amendments will be subject to a public written comment period that runs until March 8, 2021. A web-based public hearing will be scheduled, only upon request. Considering a strong opposition from the business community, OEHHA has proposed that the regulation become operative one year after the effective date of the amendments. Any products that are manufactured within that one-year window and that carry the current short-form warning may be sold through indefinitely. As a result, the new regulations would not apply to products manufactured prior to the enforcement date of the regulations.
On December 27, 2020, HR133 Consolidated Appropriations Act, 2021 was signed into action. This Act designates the FF – Other Matter of the Consolidated Appropriations Act, referred to as Title XXI – COVID-19 Regulatory Relief and Work from Home Safety Act, to be mandatory and adopts California’s flammability standard, Technical Bulletin Number 117-2013 (TB 117-2013), for indoor upholstered furniture as a mandatory flammability standard.
Effective date: June 26, 2021
The upholstered furniture flammability legislation was sponsored by Senator Roger Wicker (R-MS) and renamed the COVID-19 Regulatory Relief and Work from Home Safety Act (S.1341). It requires the U.S. Consumer Product Safety Commission (CPSC) to adopt California’s Technical Bulletin 117-2013 as a federal flammability standard for residential upholstered furniture.
California TB 117-2013 outlines performance standards and methods for testing the smolder resistance of cover fabrics along with the barrier, filling and decking materials used in upholstered home furnishings. The American Home Furnishings Alliance (AHFA) formally petitioned the CPSC to adopt the measure as a national standard in October 2015 and later introduced SOFFA when no action from the agency was forthcoming. The legislation advanced in the House in both 2017 and 2019 but remained stalled in the Senate.
All upholstered seating furniture imported or sold in the United States must comply with the flammability test specified by California Technical Bulletin TB117-2013. In addition to the labeling requirements required from the California TB 117-2013 standard, each item of upholstered furniture is required to bear the statement, “Complies with the U.S. CPSC requirements for upholstered furniture flammability” on a permanent label located on the product after June 25, 2021.
The Commission voted unanimously (4-0) to approve publication of the notice, as drafted, in the Federal Register to issue a notice of proposed rulemaking (NPR) to establish a consumer product safety standard for crib mattresses.
Comment period: by January 13, 2021
The CPSC is proposing to amend its Standard for the Flammability of Mattresses and Mattress Pads. The ignition source cigarette specified in the standard for use in the mattress standard’s performance tests, Standard Reference Material cigarette, SRM 1196, is no longer available for purchase.
The Commission is proposing to amend the mattress standard to require a revised Standard Reference Material cigarette, SRM 1196a, which was developed by the National Institute of Standards and Technology, as the ignition source for testing to the mattress standard.
The Commission is proposing a safety standard for crib mattresses. The Commission is also proposing to amend CPSC’s consumer registration requirements to identify crib mattresses within the scope of the proposed rule as durable infant or toddler products and proposing to amend CPSC’s list of notice of requirements (NORs) to include such crib mattresses.
Comment period: by January 11, 2021
The notice of proposed rulemaking (NPR) categorizes crib mattresses as products designed to be used with infant sleep products, such as full-size cribs, non-full-size cribs, bassinets and cradles, and play yards, to provide sleeping accommodations for an infant. As specified in the NPR, the proposed rule will cover:
The CPSC’s notice of proposed rulemaking discusses the incident data and hazard patterns identified by the staff. Common product-related hazard patterns identified include chemical/ flammability hazards, softness, etc., but the identified hazard categories associated with fatalities are:
ASTM F2933 is the voluntary industry standard addressing crib mattresses. The CPSC staff’s review of current standard ASTM F2933-19 has deemed it to be insufficient in addressing the hazard patterns identified by the incident data and requirements for labeling, while noting that the ASTM subcommittee is in the process of reviewing the standard to address these issues but has met with delays due to the COVID-19 pandemic.
Key modifications proposed by the NPR to the ASTM F2933 standard include:
Additionally, the CPSC is proposing to amend 16 CFR 1130 durable nursery products consumer registration requirements to include crib mattresses within the scope and is proposing to amend 16 CFR 1112 certification requirements to also include such crib mattresses.
On December 18, 2020, the Australian Government issued four new mandatory safety and information standards for consumer goods containing button batteries and for button batteries themselves.
Effective date of all legislation: June of 2022
Summary of Standards:
|Legislation||Simplified outline of requirements|
|Safety standard for consumer goods containing button batteries||
|Information standard for consumer goods containing button batteries||The standard requires:
The standard also recommends:
|Safety standard for button batteries||
|Information standard for button batteries||The standard requires:
The standard also recommends
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 August 1, 2020 – January 13, 2021 are summarized below:View Story Read More
|Health Risk Hazard||12|
*Other Hazards include Drowning Hazard, Electric Shock Hazard, Fall Hazard, Entrapment Hazard with a frequency of less than 7.
|Toys and Childcare Articles||28|
|Home Electrical Appliances (Hair Dryer, Iron, etc.)||12|
|Computer / Audio / Video / Other Electronics & Accessories||11|
|Sporting Goods/ Equipment||8|
^Other Categories include Cosmetics, Eyewear, Fabric / Textile / Garment / Home Textile, Food Contact Material, Footwear, Personal Protective Equipment with a frequency of less than 6.
For a complete list click here
On December 15, 2020, the EU published two Directives (EU) 2020/2088 and (EU) 2020/2089 to revise the two lists of allergenic fragrances in the Toy Safety Directive, 2009/48/EC.
Effective date of Directives: July 5, 2022
The two Directives, (EU) 2020/2088 and (EU) 2020/2089, update the lists under Point 11 of Part III in Annex II of the Toy Safety Directive (TSD). These lists are:
Summary of the Amendment
List of allergenic fragrances which require labelling has been extended (from 11 to 71 allergenic fragrances)
List of prohibited allergenic fragrances has been extended (from 55 to 58 allergenic fragrances)
|Name of Allergenic Fragrances||CAS Number|
|Methyl heptine carbonate||111-12-6|
The European Commission has published Commission Regulation (EU) 2020/2096 to amend Annex XVII to REACH Regulation (EC) No 1907/2006 (consolidated to Aug 2020) on December 16, 2020.
Enforcement date: January 5, 2021 (or other specified dates related to individual substances)
One of the amendments made by the new regulation is an update to Appendix 10 to Annex XVII to Regulation (EC) No 1907/2006, listing testing methods for azo colorants for the purposes of entry 43 of the Annex. The testing methods are outdated and have been replaced with more up-to-date testing methods by the European Committee for Standardization. Appendix 10 is updated accordingly to express those changes. The updated harmonized standards are EN ISO 17234-1:2015, EN ISO 14362-1:2017 and EN ISO 14362-3:2017 which supersede EN ISO 17234-1:2010, EN 14362-1:2012 and EN 14362-3:2012, respectively (see below Table 1).
|Superseded test standards||Updated harmonized testing standard|
|EN ISO 17234-1:2010||EN ISO 17234-1:2015|
|Leather - Chemical tests for the determination of certain azo colorants in dyed leathers - Part 1: Determination of certain aromatic amines derived from azo colorants||Leather - Chemical tests for the determination of certain azo colorants in dyed leathers - Part 1: Determination of certain aromatic amines derived from azo colorants|
|CEN ISO/TS 17234:2003||EN ISO 17234-2:2011|
|Leather – Chemical tests – Determination of certain azo colourants in dyed leathers||Leather – Chemical tests for the determination of certain azo colorants in dyed leathers – Part 2: Determination of 4-aminoazobenzene|
|EN 14362-1:2012||EN ISO 14362-1:2017|
|Textiles - Methods for determination of certain aromatic amines derived from azo colorants - Part 1: Detection of the use of certain azo colorants accessible with and without extracting the fibres||Textiles - Methods for determination of certain aromatic amines derived from azo colorants - Part 1: Detection of the use of certain azo colorants accessible with and without extracting the fibres|
|EN 14362-3:2012||EN ISO 14362-3:2017|
|Textiles - Methods for determination of certain aromatic amines derived from azo colorants - Part 3: Detection of the use of certain azo colorants, which may release 4-aminoazobenzene||Textiles - Methods for determination of certain aromatic amines derived from azo colorants - Part 3: Detection of the use of certain azo colorants, which may release 4-aminoazobenzene|
There is another amendment removing Pentachlorophenol (PCP) and its salt, Decabromodiphenyl ether (DecaBDE) and Perfluorooctanoic acid (PFOA) and its salts from the Annex, as the substances are restricted more severely under Regulation (EU) 2019/1021 on persistent organic pollutants (POP Recast Regulation, consolidated to Sep 2020). Stakeholders should be aware to take appropriate measures to comply with the restriction introduced by Regulation (EU) 2019/1021 regarding those substances (highlights are summarized in below Table 2).
|Entry 22 Pentachlorophenol and its salts and ester shall be deleted||More severe restrictions for those substances are laid down in POPs Regulation (EU) 2019/1021 of the European Parliament and of the Council. The deletion of entry 68 was effective on July 4, 2020.|
|Entry 67 Bis(pentabromophenyl)ether (decabromodiphenyl ether; decaBDE) shall be deleted|
|Entry 68 Perfluorooctanoic acid (PFOA) and its salt shall be deleted|
|The testing methods for azo colorants listed in Appendix 10 shall be amended||Several of the listed testing are outdated and have been replaced with more up-to-date testing methods. Table 1 has summarized the harmonized and superseded test standards.|
On December 9, 2020, an updated EN71-2:2020 – Safety of Toys Part 2: Flammability standard was published. The new standard will supersede EN71-2:2011+A1:2014.
The standard shall be given the status of a national standard, either by publication of an identical text or by endorsement, at the latest by June 2021, and conflicting national standards shall be withdrawn at the latest by December 2021.
The major changes are listed below:
The standard still needs to be harmonized. This means that it needs to be accepted by the EU Commission and Member States by publication in the Official Journal of the EU (OJEU). Only then can it be used to show compliance to the EU Toy Directive 2009/48/EC.
On January 19, 2021, the European Chemicals Agency (ECHA) added 2 new substances to the Candidate List of Substances of Very High Concern (SVHC) under Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). The Candidate List now contains 211 substances that may harm people or the environment.
The two substances were added to the Candidate List as they are toxic for reproduction and therefore, may adversely affect sexual function and fertility, and cause developmental toxicity in offspring.
Notification deadline date regarding the presence of the new SVHCs in articles: July 19, 2021 (six months after their inclusion in the list)
Substances added to the Candidate List for authorization on January 19, 2021 are as follows:
|Substance||CAS Number||EC Number||Reason for inclusion||Potential use|
|Bis(2-(2-methoxyethoxy)ethyl)ether||143-24-8||205-594-7||Toxic for reproduction||Solvent|
|Dioctyltin dilaurate, stannane, dioctyl-, bis(coco acyloxy) derivs., and any other stannane, dioctyl-, bis(fatty acyloxy) derivs. wherein C12 is the predominant carbon number of the fatty acyloxy moiety||-||-||Toxic for reproduction||Additive in the production of plastics and rubber tires|
On December 9, 2020, the UK issued notices of publication and a consolidated list for designated standards for toy safety which confirms that the references to standards listed in below detail are published for the purposes of regulation 3A of S.I. 2011 No. 1881 and accordingly are designated pursuant to that regulation in relation to English and Wales and Scotland.
Effective date: January 1, 2021
The summary below consolidates the published references of standards. It contains all references which, when the summary was generated, still provided a presumption of conformity together with references already withdrawn.
|Reference no. of the designation standard||Title of the designation standard||Restriction|
|EN 71-1:2014+A1:2018||Safety of toys - Part 1: Mechanical and physical properties||--|
|EN 71-2:2011+A1:2014||Safety of toys - Part 2: Flammability||--|
|EN 71-3:2019||Safety of toys - Part 3: Migration of certain elements||--|
|EN 71-4:2013||Safety of toys - Part 4: Experimental sets for chemistry and related activities||--|
|EN 71-5:2015||Safety of toys - Part 5: Chemical toys (sets) other than experimental sets||--|
|EN 71-7:2014+A2:2018||Safety of toys - Part 7: Finger paints - Requirements and test methods||Notice: For the allowed preservative climbazole (entry 22 in Table B.1 of Annex B to standard EN 71-7:2014+A2:2018) the presumption of conformity applies up to a maximum allowed concentration of 0,2 % (not: 0,5 %). This is based on the 'ADDENDUM to the Opinion on Climbazole (P64) ref. SCCS/1506/13' of the Scientific Committee on Consumer Safety (SCCS) that was adopted after the publication of the standard by CEN. https://ec.europa.eu/health/sites/health/files/scientific committees/consumer safety/docs/sccs_o_212.pdf Note 2: The allowed preservatives a) Mixture of 5-Chloro-2-methyl-isothiazol-3(2H)-one and 2-methylisothiazol-3(2H)-one with magnesium chloride and magnesium nitrate and b) 2-methylisothiazol-3(2H)-one (MIT) (entries 31 and 32 in the superseded standard EN 71-7:2014) have been restricted to a) 1 mg/kg (content limit) and b) 0,25 mg/kg (content limit) in aqueous toy materials by Directive (EU) 2015/2117, OJ L 306, 24.11.2015, p. 23. Both content limits are applicable since 24 November 2017. The superseded standard therefore does not any more provide the presumption of conformity for these two preservatives.|
|EN 71-8:2018||Safety of toys - Part 8: Activity toys for domestic use||--|
|EN 71-12:2013||Safety of toys - Part 12: N-Nitrosamines and N-nitrosatable substances||--|
|EN 71-13:2014||Safety of toys - Part 13: Olfactory board games, cosmetic kits and gustative games||--|
|EN 71-14:2018||Safety of toys - Part 14: Trampolines for domestic use||--|
|Electric toys - Safety||--|
This new standard specifies the terms and definitions, sizes and specifications, requirements, test methods, sampling rules, determination rules, instructions for use, packaging, transportation and storage of knitted infant and children's clothing.
Enforcement date: June 1, 2021
GB/T 39508-2020 is applicable to infant and children's clothing mainly made of knitted fabrics. The requirements of this standard are divided into internal quality (quality after performance testing) and appearance quality (quality upon initial visual inspection).
Internal quality includes characteristics such as, but not limited to:
Appearance quality includes:
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