September 2017

On September 7, 2017, the Consumer Product Safety Commission (CPSC) approved final rule, 16 CFR 1229, to adopt ASTM F2167-17 with modifications related to the warning label. ASTM F2167-17 is the mandatory safety requirement for infant bouncer seats. Its main intent is to reduce the risk of injury to infants that fall from, and with, bouncer seats. According to the standard, an infant bouncer seat is defined as:

1. A freestanding product intended to support an occupant in a reclined position to facilitate bouncing by the occupant, with the aid of a caregiver or by other means, and

2. A product intended for infants who have not developed the ability to sit up unassisted (approximately 0 to 6 months of age).

The final rule adopts ASTM F2167-17 and there are two modifications to the requirements of the standard:

1. The rule requires an additional warning statement to caregivers to use the restraints “Even if an infant falls asleep”.

2. The rule also requires the fall hazard warning to be placed on the upper seat back of the bouncer seat to ensure that caregivers read and heed the warning

On June 22, 2017, one year after the reformed Toxic Substances Control Act (TSCA) was signed into law, the Environmental Protection Agency (EPA) announced that the Agency has met its first-year statutory responsibilities and deadlines. Meanwhile, the EPA released scope documents for the first 10 risk evaluated chemicals. Within the year, the EPA has implemented below activities, including the release of scope document, to fulfil its responsibilities:

Below is a summary of recently updated ASTM standards:

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. Recent 60-day notices from June to August of 2017 include the following:

On August 2, 2017, Maine legislature have approved legislative document LD 182, which will be written into law. This Act is to protect Firefighters by establishing a prohibition on the sale and distribution of new upholstered furniture containing certain flame retardant chemicals. The Act prohibits the sales and distribution of new upholstered furniture containing more than 0.1% of flame retardant chemicals (See test). Beginning January 1, 2019, the Act prohibits the sale or distribution of upholstered furniture for promotional purposes containing flame retardants more than 0.1% in its:

• -   Fabric, or

• -   Other covering, or

• -   Cushioning materials

A restricted flame retardant is defined as any chemical or chemical compound to resist or inhibit the spread of fire. It includes, but is not limited to, halogenated, phosphorus-based, nitrogen-based and nanoscale flame retardants.

Recently in the summer of 2017, the Albany County Department of Health (DoH) issued an updated Local Law No. 2015 “Toxic Free Toys Act”, Letter to Retailers and Frequently Asked Question (FAQ) related to the Toxic Free Toys Act (Local Law No. 1 for 2015) (See test). They both clearly stated that the enforcement of the Act will begin on November 1, 2017. In the letter to retailers, DoH states the enforcement date of the act will begin on November 1, 2017 and suggests retailers to understand the act through reading the FAQ which provides further information and clarification, such as, exempted products, penalties for violation, definition of children’s product etc.

This act applies to children’s products and children’s apparel in general and there are 5 chemicals restricted as below:

Compared to previous adopted version (See test). Two chemicals, Cobalt and Benzene, are removed from the toxic content restriction. Instead, for cobalt, the DoH will actively monitor ongoing research and development. Testing will be required when there is more hazard data and information available. For benzene, it is currently monitored in drinking water and in air by Federal agencies including the Environmental Protection Agency (EPA) which has already specified hazardous limits in consumer products.

On June 17, 2017, the Health Canada (HC) proposed Corded Window Coverings Regulations through Canada Gazette. The proposed regulations will repeal current Corded Window Coverings Regulations, SOR/2016-172. Instead of referencing to national standard in the current regulation, SOR/2016-172, the proposed regulations establish specifications to corded window coverings and they are summarized below:

1. Small parts

2. Lead content

3. Unreachable cords

4. Reachable cord (one free end and two consecutive contact points

5. Loop created by reachable cord

6. Two reachable cords

7. Information and advertising

8. Instructions and warning

The regulation shall come into force six months after the day they are published in the Canada Gazette, Part II.

In August, Canada Environment and Climate Changes opens a consultation on the proposed regulatory approach to reduce the emission of formaldehyde from composite wood products. The regulation is intended to be proposed through Canada Gazette later in 2018. The proposed regulatory approach aims to reduce formaldehyde exposure from indoor air.

In the proposed regulatory approach, it is required that all composite wood products, including laminated products and finished goods made from composite wood products, comply with emission standards for formaldehyde. The Government of Canada is considering the CSA standard and regulatory approach taken in US and other jurisdictions as models for designing the proposed regulation.

On June 29, 2017, China Ministry of Industry and Information Technology of the People’s Republic of China (MIIT) published a draft Compliance Catalog and Exemption List for China Administrative Measures for Hazardous Substances in Electrical and Electronic Product (RoHS 2). The documents aim to help the industry to achieve the goal of China RoHS 2 to lower the risk from hazardous substances. There are two documents drafted and they are summarized below:

1. The drafted Compliance Catalog defines various household appliances and electronic devices which are within the scope of China RoHS 2.

2. The drafted exemption list specifies limits for restricted heavy metals according to the product type. It also lists the products for which the restriction does not apply.

Recently, the China Standardization Administration of the People’s Republic of China (SAC) publishes several Notices regarding updates to China standards, including newly issued standards and revised standards. The standards cover different consumer products including, but not limited to, textiles and footwear. Some examples of the updated standards are listed below: