February 2021

Under section 104(b)(1) of the Consumer Product Safety Improvement Act (CPSIA), the CPSC adopts a mandatory rule for infant swings, codified in 16 CFR 1223. This rule updates the mandatory standard for infant swings to incorporate by reference ASTM F2088-20. The final rule is effective on April 3, 2021.

The consumer safety specification ASTM F2088 establishes safety performance requirements, test methods, and labelling requirements to minimize the risk of injuries to infants resulting from normal use and reasonably foreseeable misuse or abuse of infant swings. Key updates of ASTM F2088-20:

• Scope - Section 1.3

  • A new section 1.3 specifies that the standard covers products with a powered mechanism (through batteries, AC adapter, wind-up mechanism, or other means) that provides a swinging or gliding seat/cradle in any direction relative to the frame.

  • Section 1.3 also specifies that the standard does not cover products that are intended to provide sleeping accommodations for the occupant.

• General Requirements - Section 5.8

  • Cradle swings or combination swings in a cradle swing use, mode, or position, while in the rest position, must now comply with the requirement of ASTM F2194, Standard Consumer Safety Specification for Bassinets and Cradles (section 5.11).

• Performance Requirements - Section 6.5

  • This section has been updated to now indicate that cradle swings and combination swings, when in all manufacturer’s use positions as a cradle swing, shall not have a restraint system. That is consistent with the bassinet standard (ASTM F2194) and addresses potential entanglement.

• Marking and Labelling – Section 8

  • Removal of below requirement stating that:

  • Manufacturers mark each product and its retail packaging with a model number and change the model number when they make changes to the product that affect conformance with the safety standard (previous section 8.1.2). This change provides consistency with other juvenile products standards which do not contain this requirement.

  • Wording change (section 8.5)

• Moving 2 new warnings, combination swings (section 8.5.3) and travel swings (section 8.5.4), from the general warning requirements to individual sections.

• ASTM F2088-20 also includes minor additions and revisions that are editorial in nature and do not change any substantive requirements.

On January 1, 2021, the Massachusetts legislature passed bill H4900 to ban 11 flame retardants in certain consumer goods, effective from December 31, 2021.

The sale or manufacture of bedding, carpeting, children's products, residential upholstered furniture and window treatments containing more than 1,000 ppm each of the following flame retardants (FR) in any component part of the covered product will be banned.

It is notable that a manufacturer of a covered product needs to inform retailers and other persons who sell the FR-containing products on or before July 1, 2021.

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 17, 2020 to February 9, 2021 are summarized below:

*Other Hazards include Crash Hazard, Entrapment Hazard, Laceration Hazard, Electric Shock Hazard, Explosion Hazard and Poisoning Hazard with a frequency of less than 6.

*Other Categories include Bodycare / Cosmetics, Computer / Audio / Video / Other Electronics & Accessories, Candles & Burning Items and Accessories, Chemicals, Food Contact Materials, Footwear, Kitchenware and Personal Protective Equipment with a frequency of less than 5.

For a complete list click here

A new version of EN 71-4 was published in December 2020 and shall be given status of national standard by June 2021. The conflicting national standards shall be withdrawn at the latest by December 2021. It is expected to be harmonized under the Toy Safety Directive (TSD) 2009/48/EC upon official acceptance by the European Commission (EC) and by publication in the Official Journal of the European Union (OJEU).

EN 71-4:2020 is a revision of EN 71-4:2013 specifying the requirements for the maximum amount of certain substances and mixtures used in experimental sets for chemistry and related activities including crystal growing sets, carbon dioxide generating experimental sets and supplementary sets. The standard defines experimental sets as chemical toys where the experimental and explorative character in playing with single chemical substances and mixtures dominates over the creative ideas of the user.

The 2020 version has brought in several changes when compared to the 2013 version. The key changes are mainly for clarification on scope, permissible inclusion of non-hazardous food additives, maximum amounts and concentrations for defined substances and requirement for eye protection. The detailed significant changes are summarized in Table 1. Although EN 71-4:2013 currently is still the harmonized standard under the TSD and the designated standard under the UK Toy Safety Regulations, stakeholders and manufacturers of toys should take the new requirements into account when reviewing and designing their products.

Table 1 Significant modification of EN 71-4:2020

NOTE: This table is not an exhaustive list of all modifications from the previous version, but a highlight of significant changes.

On January 25, 2021, the European Commission approved Commission Regulation (EU) 2021/57 which amends entry 63 (lead and its components) of Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). Effective dates relative to the amendment are outlined below.

This amendment introduces new restrictions for lead contained in gunshot in or around wetlands:

Discharging gunshot containing a concentration of lead (expressed as metal) equal to or greater than 1 % by weight or carrying any such gunshot where this occurs while out wetland shooting or as part of going wetland shooting is prohibited in or within 100 meters of wetlands after February 15, 2023.

• “within 100 meters of wetlands” means within 100 meters outward from any outer boundary point of a wetland

• “wetland shooting” means shooting in or within 100 meters of wetlands

• “wetlands” means areas of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed 6 meters

• “gunshot” means pellets used or intended for use in a single charge or cartridge in a shotgun

• “shotgun” means a smooth-bore gun, excluding air guns

• “shooting” means any shooting with a shotgun

• “carrying” means any carrying on the person or carrying or transporting by any other means

If at least 20 % in total of the territory, excluding the territorial waters, of a Member State are wetlands, that Member State may, in place of the restriction, prohibit the following acts throughout the whole of its territory from February 15, 2024.

1. the placing on the market of gunshot containing a concentration of lead (expressed as metal) equal to or greater than 1 % by weight;

2. the discharging of any such gunshot;

3. carrying any such gunshot while out shooting or as part of going shooting.

Two Taiwan standards, CNS 15290 “Textile Safety Regulations (General Requirements)” and CNS 15291 “Safety of Children’s Clothing – Cords and Drawstrings on Children’s Clothing – Specifications” have been revised recently, and textiles and related goods must be in compliance with these standards on the market. The new updates will be implemented from February 1, 2021.

Main changes include the following:

1. CNS 15290 “Textile Safety Regulations (General Requirements)”

   1. The sum of NPEO and NP should be less than 1,000 mg/kg (0.1%). This limitation is applied to all textiles, not only for children’s articles. This change makes the requirement stricter than it was previously.

   2. New testing methods are added to testing for Organotins and AZO Colorants.

   3. PFOS is newly listed in CNS 15290: 2019. Textile and coated materials are within restricted scopes.

2. CNS 15291 “Safety of Children’s Clothing – Cords and Drawstrings on Children’s Clothing – Specifications”

   • CNS 15291: 2019, expands the age range from 12 to 14, and revises the cords and drawstrings’ specification, when compared with the previous version of CNS 15291: 2009. Additionally, this standard is a modified version from BS EN 14682-2014 to fit Taiwan markets.

For more details, please refer to CNS Standards.

On November 24,2020, Australia published the new legislative instrument, Consumer Good (Cosmetics) Information Standard 2020. The new standard includes the definition of hand sanitizer and the new additional requirements for hand sanitizers. The standard is effective from May 24, 2021.

The new standard includes the amendments as noted below:

Definition

• alcohol includes, but is not limited to, ethyl alcohol (ethanol), isopropyl alcohol and alcohol denat.

• hand sanitizer means an antibacterial skin care product:

  • that consists of, contains, or generates one or more antimicrobial active substances; and

  • that is represented in any way to be, or is likely to be taken to be (whether because of the way in which it is presented or for any other reason):

    1. for use on hands when soap and water are not available; and

    2. applied to the hands without rinsing off; and

    3. intended to destroy, deter, render harmless, prevent the action of, or otherwise exert a controlling effect on any bacteria on the skin.

Additional requirement for hand sanitizer

For hand sanitizer that contains alcohol as the primary active ingredient:

• The amount of alcohol contained in the hand sanitizer must be shown as a percentage (%), by volume per volume (v/v), in a manner that is prominent and clearly legible:

  1. in the list of ingredients; or

  2. elsewhere on the container.

The following warnings must be shown on the container (as the words set out below, or as other words, or pictograms, that could reasonably be regarded as having the same meaning):

• Keep out of reach of children

• For external use only

• If ingested, seek immediate medical attention

• Flammable—keep away from fire and heat

• Discontinue use if skin irritation occurs

The new standard repeals the existing standard - Trade Practices (Consumer Product Information Standards) (Cosmetics) Regulations 1991.A transition period given to cosmetic products manufactured before the end of 180 days after the commencement of this instrument must comply with either the new standard or the existing standard, and from May 24, 2021, all cosmetic products must comply with the new standard for Australia market.