July 2020

On July 6, 2020, the U.S. Consumer Product Safety Commission (CPSC) published a final rule establishing a safety standard for gates and enclosures that are intended to confine a child. The final rule 16 CFR 1239 adopts the existing ASTM F1004 – 19, Standard Consumer Safety Specification for Expansion Gates and Expandable Enclosures. The CPSC is also amending its regulations regarding third party conformity assessment bodies to include the safety standard for gates and enclosures in the list of notices of requirements (NORs). The rule will come into effect on July 6, 2021.

Gates and enclosures, as referenced by the final rule, refer to barriers, both expandable and non-expandable, providing physical protection to children. The ASTM F1004-19 standard defines an expansion gate as a “barrier intended to be erected in an opening, such as a doorway, to prevent the passage of young children but which can be removed by older persons who are able to operate the locking mechanism.” It also defines an expandable enclosure as a “self-supporting barrier intended to completely surround an area or play-space within which a young child may be confined.” These products are intended for young children age 6 months through 24 months.

ASTM F1004-19 addresses safety hazards in the following areas:

• Wood parts

• Screws

• Sharp edges or points

• Small parts

• Openings

• Exposed coil springs

• Scissoring, shearing, and pinching

• Labeling

• Lead in paint, and

• Protective components

ASTM F1004-19 includes performance requirements specific to children’s gates and enclosures and the test method that must be used to assess conformity with the requirements.

• Completely bounded openings

• Height of sides

• Vertical strength

• Bottom spacing

• Configuration of uppermost edge

• Latching / locking and hinge mechanisms

• Automatic closing system

• Push-out force strength

• Locking devices

• Toys

• Slat Strength

• Label testing

The Warning, Labeling and Instructions provision specifies the marking, labeling, and instructional literature requirements that must appear on, or with, each gate or enclosure. Warnings are also required on the retail packaging, unless they are visible in their entirety on the gate or enclosure at point of purchase for consumers to see.

On June 25, 2020, the European Chemicals Agency (ECHA) added 4 new substances to the Candidate List of Substances of Very High Concern (SVHC) under Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). The additions include three substances that are toxic to reproduction and one endocrine disruptor. The Candidate List now contains 209 substances that may have serious effects on people or the environment.

Substances added to the Candidate List for authorization on June 25, 2020 are as follows:

The deadline for notification about the presence of the new SVHCs in articles is December 25, 2020, which is six months after their inclusion on the list.

On June 3, 2020, the European Committee for Standardisation (CEN) published the EN 14350:2020 drinking equipment intended for young children. Any conflicting national standards will be withdrawn by June 2021.

The standard specifies safety requirements relating to the materials, construction, performance, packaging and product information for drinking equipment intended for children 0 to 48 months of age. The following two standards for children’s drinking equipment are superseded by the EN 14350:2020.

• EN 14350-1:2004 ‘Child use and care articles – Drinking equipment – Part 1: General and mechanical requirements and tests’

• EN 14350-2:2004 ‘Child use and care articles – Drinking equipment – Part 2: Chemical requirements and tests’

Major changes in the new version of the standard are summarized below.

• Updated existing terminologies and the addition of new entries in Clause 3 “Terms and Definitions”

• Included design features of a push-pull valve, protective covers, handles, a clip and loops in the pictorial representations of different dinking equipment in Clause 4 “Description”

• Addition of new test equipment in Clause 5 “Test equipment and tolerances”

• Revised the sample preparation and conditioning content in Clause 6 “Construction and mechanical properties”

• Introduced new requirements for decoration, inscription and decals in Clause 7 “Construction and mechanical requirements and tests”

• Updated the chemical requirements in Clause 8 ‘Chemical requirements and test methods’

  • Added four new requirements for formaldehyde, colour fastness, primary aromatic amines, migration from glass and metal

  • Revised the number of migratable elements from 8 to 19 with reference to EN 71-3

  • Updated limits of two existing chemicals and added four new chemicals under the antioxidant release test

  • Deleted Bisphenol A (BPA) since it is covered under food contact regulation (EU) 10/2011, which applies to baby drinking equipment

  • Updated the test method for the content of volatile compounds

• Introduced a new normative annex with the translation of warnings in 24 languages in Annex A “Warnings”

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 November 2019 through June 2020 are summarized below:

*Other Hazards include Asphyxiation Hazard, Cut Hazard, Damage to eyesight Hazard, Damage to hearing Hazard, Drowning Hazard, Environmental Hazard, Entrapment Hazard, Health risk Hazard, Microbial Hazard, Strangulation Hazard, Suffocation Hazard and Unencrypted Communications with a frequency of less than 60.

^Other Categories include Construction Product, Children’s Product, Candles & Burning Items and Accessories, Decorative Articles, Eyewear, Food Contact Material, Footwear, Furniture, Gadgets, Home Electrical Appliances (Hair Dryer, Iron, etc.), Homeware (Non-food Contact), Houseware, Electrical appliances and equipment, Jewelry, Watch or other Fashion Accessories, Lighting chains, Pyrotechnic articles, Personal Protective Equipment , Personal Protective Equipment (excluding eye protection), Pet Equipment, Sporting Goods/ Equipment, Stationery accessories and Tools with a frequency of less than 20.

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In May, the Korea Ministry of Food and Drug Safety (MFDS) issued Notice No. 2020-43 announcing a revision for the ‘Standards and Specifications for Food Utensils, Containers and Packaging’.

The key amendments to the Standards and Specifications for Food Utensils, Containers and Packaging are summarized below:

• Updated manufacturing and processing standards and specifications

• Clarified recycled synthetic resins are only allowed to be used in manufacturing materials and articles that do not come into direct contact with food. It is assumed that these recycled materials are free of harmful substances.

• Introduced a new total volatile organic matter requirement with a limit of 0.5 % for rubber nipples for young children

The new rules came into force on May 29, 2020.

On June 12, 2020, the Australian Competition and Consumer Commission (ACCC) announced an updated mandatory safety standard for projectile toys. It is designed to protect children from serious eye injuries or choking from toys such as bow and arrow sets and toy guns. Starting June 12, 2021, suppliers must meet the requirements of the Consumer Goods (Projectile Toys) Safety Standard 2020.

The Consumer Goods (Projectile Toys) Safety Standard 2020 sets out the mandatory requirements for projectile toys to reduce the risk of choking, eye injuries and flesh wounds during play.

The mandatory standard applies to projectile toys that are:

• Designed or clearly intended for use in play by children under the age of 14, and

• Capable of launching a projectile

Design and construction A projectile toy must comply with the relevant sections in one of the following four standards:

1. Australian/New Zealand Standard AS/NZS 8124.1:2019 - Safety of Toys - Part 1: Safety Aspects Related to Mechanical and Physical Properties

2. European Standard EN 71-1:2014+A1:2018 Safety of Toys - Part 1: Mechanical and Physical Properties

3. International Standard ISO 8124.1:2018 Safety of Toys - Part 1: Safety Aspects Related to Mechanical and Physical Properties

4. American Society for Testing and Materials Standard ASTM F963-17 Standard Consumer Safety Application for Toy Safety

Warning requirements

If a projectile toy can launch a projectile more than 300 millimeters in distance, the packaging and instructions accompanying the projectile toy must include a statement to the following effect:

WARNING: Do not aim at eyes or face

On June 26, 2020, the Australian Competition and Consumer Commission (ACCC) announced an updated mandatory safety standard for aquatic toys. It is designed to protect children when they are using inflatable aquatic toys in and around water. Starting June 13, 2022, suppliers must meet the requirements of the Consumer Goods (Aquatic Toys) Safety Standard 2020.

The Consumer Goods (Aquatic Toys) Safety Standard 2020 sets mandatory requirements to maintain consumer protections related to aquatic toys.

The mandatory standard applies to aquatic toys that are designed:

• To bear the mass of a child under the age of 14, and

• For use in play in shallow water by a child

The standard still applies whether or not it is inflatable and whether or not it is designed to be worn or otherwise attached to the body.

Aquatic toys can include but are not limited to:

• Inflatable novelty shapes

• Inflatable toy boats for shallow water

• Unattached rings – complete or partial

Design and construction Inflatable aquatic toys must meet the prescribed design and construction requirements set out in the mandatory standards below:

1. Australian/New Zealand Standard AS/NZS 8124.1:2019 - Safety of Toys - Part 1: Safety Aspects Related to Mechanical and Physical Properties

2. International Standard ISO 8124.1:2018 Safety of Toys - Part 1: Safety Aspects Related to Mechanical and Physical Properties

Warning requirements

Aquatic toys must carry a warning in accordance with the mandatory standard. The words of the warning must be:

• Written in English

• Clearly legible

• Clearly visible

• Indelible

Advertising copy or graphics shall not state or imply that a child will be safe if left unsupervised with an aquatic toy.