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Latest Regulatory Updates

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New standard ASTM F963-17 has been published.

ASTM F963-17, Standard Consumer Safety Specification for Toy Safety, was released by the American Society for Testing and Materials (ASTM) on August 24, which is a revision to the ASTM F963-16 version.

According to the CPSIA, the revised standard will be effective in 180 days after formal notification, unless it is rejected within 90 days by CPSC (Consumer Product Safety Commission).

The significant change is for the requirement for projectile toys:

The Kinetic Energy Density (KED)requirements in Section 4.21.2.3 and Section 4.21.3.3 are only applicable to projectile toys with stored energy that have a kinetic energy greater than 0.08 J.                     

Other major changes are summarized as below:

  • Added additional referenced document 40 CFR 141.63 MCLs for Microbiological Contaminants.
  • Added Other Documents within the Referenced Documents (Section 2.8).
  • Clarified the definitions of cosmetics in Section 3.1.20 that FDCA labeling requirements are not applicable.
  • Deleted the definition of driving mechanism.
  • Deleted Note 13 in Projectile Toys.
  • Deleted the requirement of the source not exceed 15W in Note 15 definition of low-power circuit.
  • Rewording the charging and discharging test in Section 4.25.11.5.
  • Added exception to short circuit protection test in Section 4.25.11.8.
  • Rewording the intended age of children for magnetic/ electrical experimental sets in Section 4.38.2.
  • Rewording requirements for toy chests in Section 4.41.5.
  • Added clarifications that push/ pull toys are not floor toys as defined in Section 4.5.
  • Added Rationale for 2017 Revision.
  • Renumbering of Section numbers to corresponded with the new revision.
  • Numerous minor editorial changes throughout the revision.

New version of the standard can be purchased.

 

Exemption of Certain Plastics from CPSIA Phthalate Testing

On August 30, 2017 the Consumer Product Safety Commission (CPSC) published final Rule 16 CFR part 1308 in the Federal Register.

“Prohibition of Children’s Toys and Child Care Articles Containing Specified Phthalates: Determinations Regarding Certain Plastics”

This rule about phthalate prohibition in Children’s Toys and Child Care Articles exempts seven plastics from third party testing for compliance with Section 108 of CPSIA (Consumer Product Safety Improvement Act of 2008) (Sec. 108.Prohibition on sale of certain products containing specified phthalates). This rule is effective on September 29, 2017.

The following plastics with specific additives (as described in 16 CFR 1308) are not required to be third party tested for demonstrating phthalates prohibition compliance: 

 

Plastic

with any of the following additives:

1

Polypropylene (PP)

(i) The plasticizers polybutenes, dioctyl sebacate, isooctyl tallate, paraffinic, naphthenic, and mineral plasticizing oils, and polyol;

(ii) Unrecovered catalysts;

(iii) Fillers;

(iv) Primary and secondary antioxidants;

(v) Neutralizing agents;

(vi) Antistatic agents;

(vii) Slip agents;

(viii) Metal deactivators;

(ix) Quenchers;

(x) UV stabilizers;

(xi) Nucleating agents;

(xii) Flame retardants;

(xiii) Blowing or foaming agents;

(xiv) Antiblocking agents;

(xv) Lubricants; or

(xvi) Colorants.

2

Polyethylene (PE)

(i) The plasticizers glyceryl tribenzoate, polyethylene glycol, sunflower oil, paraffin wax, paraffin oil, mineral oil, glycerin, EPDM rubber, and EVA polymer;

(ii) Initiators;

(iii) Promoters;

(iv) Unrecovered catalysts;

(v) Fillers;

(vi) Antistatic agents;

(vii) Flame retardants;

(viii) Anti-blocking agents;

(ix) Slip agents;

(x) Blowing agents;

(xi) Cross-linking agents;

(xii) Antioxidants;

(xiii) Carbon black; or

(xiv) Colorants.

3

General purpose polystyrene (GPPS)

(i) Unrecovered catalysts;

(ii) Internal lubricants;

(iii) Chain transfer/transition agents;

(iv) Stabilizers;

(v) Diluents;

(vi) Colorants;

(vii) Aluminum chloride, ethyl chloride, hydrochloric acid;

(viii) Iron oxide, potassium oxide,chromium oxide; or

(ix) Bifunctional peroxides

4

Medium-impact polystyrene (MIPS)

5

High-impact polystyrene (HIPS)

6

Super high-impact polystyrene (SHIPS)

7

Acrylonitrile butadiene styrene (ABS)

(i) The plasticizers hydrocarbon processing oil, triphenyl phosphate, resorcinol bis(diphenyl phosphate), oligomeric phosphate, long chain fatty
acid esters and aromatic sulfonamide;

(ii) Stabilizers;

(iii) Lubricants;

(iv) Antioxidants;

(v) Molecular weight regulators;

(vi) Initiators/unrecovered catalysts,

(vii) Activators;

(viii) Emulsifiers; or

(ix) Colorants.


New York Albany County – Children’s products and apparel law enforcement

A recent announcement by the Albany County in the US state of New York has been made regarding its children’s products and apparel local law enforcement from November 1, 2017.

Beginning of 2015, Albany County was the first local government in the state of New York to enact Local Law 1 for 2015 (“A local law to protect infants and children from harmful health effects of unnecessary exposure to toxic chemicals“) (“The Toxic Free Toys Act”). However, by that time, the enforcement of the law and its 2016 amendment was postponed due to different legal issues.

This law prohibits 6 heavy metals (antimony, arsenic, cadmium, cobalt, lead and mercury) and benzene in children’s products and apparel primarily intended for children aged 12 and under. 

Albany County has released some publications regarding this law enforcement that can be found below:


Europe

DiBP in toys 

The EU Toy Safety Directive (TSD)(2009/48/EC) strictly prohibits the use of substances that are classified as carcinogenic, mutagenic or toxic for reproduction (CMR) of categories 1A, 1B or 2 in toys.
Notifications have been placed on the European Rapid Alert System for dangerous non-food products (RAPEX) for toys containing high levels of DiBP as a CMR substance falling under the TSD.

Di-isobutyl phthalate (DIBP) – CAS No 84-69-5 is a plasticizer classified as toxic for reproduction category 1B or 2 (depending on the Specific Concentration Limits) under the current CLP Regulation (EC) No 1272/2008 in force:
     If C ≥25%: Reprotoxic category 1B
     If 5 % ≤ C < 25 %: Reprotoxic category 2
However, the Ninth Adaptation to Technical Progress (ATP) to CLP Regulation (Commission Regulation (EU) 2016/1179), amended Annex VI to CLP by, within other changes, removing the above mentioned Specific Concentration Limits for DiBP.
This means that, in the absence of a Specific Concentration Limit, DiBP will be classified as Reprotoxic Category 1B based on the generic concentration limit defined for this category, which is  0.3%.
This Ninth ATP will be applicable, from 1 March 2018.

 

Intention to review Chromium VI limit in toys

At the beginning of September, the European Commission notified a draft proposal to modify EU Toy Safety Directive to the World Trade Organization (WTO) (ref. G/TBT/N/EU/504)

Draft Commission Directive amending, for the purpose of adaptation to technical and scientific developments, point 13 of part III of Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards chromium VI

With this, the European Commission intends to revise the current migration limit for chromium VI in scraped off toy materials, in order to take the latest scientific evidence into account and increase children's safety.

In this draft text, the entry for chromium VI in point 13 of Part III of Annex II to Directive 2009/48/EC is replaced by the following entry: 

Element

mg/kg in dry, brittle, powder-like or pliable toy material

mg/kg in liquid or sticky toy material

mg/kg in scraped-off toy material

Chromium (VI) 

0,02 

0,005 

0,053

Final date for comments: 2017 November 05.

Click here to access the draft text.  

 

Updated list of Standards under General Product Safety Directive (GPSD)

On August 11th, 2017 the Official Journal of the European Union published the updated list of titles and references of European standards under Directive 2001/95/EC (GPSD- General Product Safety Directive), including, within others, childcare related standards.

Click here to access the Official Journal of the European Union.