Consumer Products | Monthly bulletin | January 2024
Chemical | Cosmetics & Personal Care | Softlines & Leather |
Toys, Childcare & Hardlines | Personal Protective Equipment
Europe
Publication of REF-10 project report on consumer products
On 13 December 2023, the European Chemical Agency (ECHA) published the REF-10 project report on the integrated chemical compliance of products.
The project covered REACH restrictions, duties applicable to substances in articles under REACH, POPs restrictions and restrictions derived from the Toys and RoHS Directives. The checks were carried out by the national enforcement authorities 2,400 products in 26 countries during 2022, most of which were intended for consumers, and found that more than 400 of them were in breach of the EU’s chemicals laws.
Excessive levels of hazardous chemicals, such as lead and phthalates were found in products such as electrical devices, sports equipment, toys and fashion products.
For more information, please consult the official publication on the ECHA website here.
Recent publications on REACH Regulation
The following table provides a non-exhaustive summary of some recent updates regarding REACH Regulation (EC) No 1907/2006:
| Summary of the most recent updates | ||
|
Date |
Subject |
Link |
|
28/11/2023 |
The European Chemicals Agency (ECHA) published reports related to PVC additives and microparticle releases. Its investigation focused on limiting the use of 63 PVC additives to minimise release of PVC microplastics, as requested by the European Commission. |
For more information, consult the ECHA’s website here. |
|
13/12/2023 |
The European Chemicals Agency (ECHA) published Draft Community Rolling Action Plan (CoRAP) update for years 2024-2026. The draft is for an annual update of the CoRAP and covers the three subsequent years 2024-2026. It contains substances suspected of posing a risk to human health or the environment. The Committee is expected to give its opinion on this draft update in February 2024. Based on the Committee’s opinion, ECHA aims to adopt and publish the CoRAP update for 2024-2026 on 19 March 2024. |
For more information, consult the ECHA’s website here. |
|
13/12/2023 |
Nanopinion on an ancestral molecular response to nanomaterial particulates was published in European Union observatory for Nanomaterials website. |
For more information, consult the EUON website here. |
|
13/12/2023 |
ECHA has opened a call for compiling comments and evidence of Chromium trioxide, acids generated from chromium trioxide and their oligomers, to collect information for the preparatory phase of the restriction proposals. The deadline for providing input is on 13 February 2024. |
For more information, consult the ECHA website here. |
|
19/12/2023 |
Guidance on substance identification has been updated to help to identify and name substances under REACH and CLP. |
For more information, consult the ECHA website here. |
|
20/12/2023 |
The European Chemicals Agency’s (ECHA) annual report on the trade of chemicals that are banned or severely restricted in the EU has been published. It shows that the imports of PIC chemicals increased more than 20-fold in 2022. This is due to benzene as a constituent having been added to the list of chemicals subject to PIC in 2022. |
For more information, consult the ECHA website here. |
Other interesting links about REACH from the ECHA’s website
- Registry of restriction intentions until outcome - ECHA (europa.eu)
- Registry of SVHC intentions until outcome - ECHA (europa.eu)
- Substance evaluation - CoRAP - ECHA (europa.eu)
- Adopted opinions and previous consultations on applications for authorisation - ECHA (europa.eu)
- Applications for authorisation - current consultations - ECHA (europa.eu)
- Current calls for comments and evidence - ECHA (europa.eu)
- Authorisation List - ECHA (europa.eu)
- ECHA's completed activities on restriction
- Submitted restrictions under consideration
- Assessment of regulatory needs list
European Council and Parliament strike deal on CLP Regulation
On 22 December 2023, The Council and the European Parliament reached a provisional agreement which proposes a regulation about chemical substances, to better protect of human health and the environment.
The new commercial trends (such as online shopping, or the re-use of containers to buy in bulk) and new hazards (endocrine disruptors and long life of certain substances) have necessitated an update to the existing CLP Regulation (EC) No 1272/2008.
The main idea is to adapt the CLP regulation to different forms of trade, promotes the circularity of chemical products, make labels clearer and easier to understand (including digital labelling), and ensure a high level of protection against chemical hazards.
Now the next step is for the European Parliament and Council to adopt it formally.
For more information about the Council’s regulation on CLP, consult the official publication here.
Recent publications regarding CLP Regulation
The following table provides a non-exhaustive summary of some recent updates regarding CLP Regulation (EC) No 1272/2008:
| Summary of the most recent updates | ||
|
Date |
Subject |
Link |
|
07/12/2023 |
ECHA has released a reminder that from 1 January 2024, all new notifications for mixtures intended solely for industrial use (in addition to consumer and professional use) must adhere to the harmonised format detailed in Annex VIII of the CLP Regulation. This also includes placing a UFI code on the label. There is a transition period until 1 January 2025, and it is recommended that you check your obligations and benefits. |
For more information consult the European Poison Centres website here. |
Interesting links about CLP on the ECHA’s website
- Registry of CLH intentions until outcome - ECHA (europa.eu)
- Harmonised classification and labelling consultations - ECHA (europa.eu)
European initiatives publication related to chemicals
The table below summarises the recent European initiative publications by the European Commission regarding chemicals:
| Date | Title |
|
08/12/2023 |
Chemicals – making best use of EU agencies to streamline scientific assessments This initiative will:
This adopted act is open for feedback for a period of eight weeks until 4 March 2024. |
|
08/12/2023 |
Chemical safety – better access to chemicals data for safety assessments The initiative will make it easier to access and use all available data and will increase transparency. It will also enable EU and national authorities, where necessary, to commission testing and monitoring of chemical substances as part of the regulatory framework. This adopted act is open for feedback for a period of 8 weeks until 4 March 2024. |
|
12/12/2023 |
Chemicals regulation – update of EU rules for test methods This initiative will add a number of new/updated methods to the list. These methods could:
The draft act has been opened for feedback until 9 January 2024. |
|
26/12/2023 |
Persistent organic pollutants (POPs) - hexabromocyclododecane (HBCDD) This act concerns HBCDD (included in Annex I of Regulation (EU) 2019/1021). It amends the limit value for the presence of HBCDD as an unintentional trace contaminant in substances, mixtures and articles. Public consultation on the draft act was closed on 26 December 2023. |
|
01/01/2024 |
Persistent organic pollutants – PFOS limits and exemptions This measure will reduce the maximum PFOS concentration permissible as unintentional trace contaminant in substances, mixtures and articles and remove the last specific exemption allowed in the EU. Perfluorooctanesulfonic acid (PFOS) and its derivatives are listed in Annex I to Regulation (EU) 2019/1021. Public consultation on the draft act was closed on 26 December 2023. |
New European initiatives related to hazardous substances in E&E devices
In December 2023, the European Commission updated several initiatives related to hazardous substances in E&E devices.
These initiatives are in different stages of the process. Consult the following summary table for more information:
| Published initiatives | Date of status |
|
Review: Restriction of the use of hazardous substances in electronics The initiative will simplify and increase the efficiency of the current rules and improve enforcement of the limited use of certain harmful substances in electrical and electronic equipment in order to protect human health and the environment and ensure proper functioning of the internal market. |
European Commission adopted it on 7 December 2023 |
|
This initiative proposes amending the list of restricted substances in Annex III of Directive 2011/65/EU. The Commission has assessed three exemption requests on the use of cadmium in quantum dots in LED lighting and displays. |
Commission adoption was planned for second quarter 2023, but it's still pending. |
UK
Extension of exemption period for PFOA in POP Regulation
On 15 November 2023, the Secretary of State published the Statutory Instruments No. 1217 related to the Persistent Organic pollutions Regulation, which amended the UK POP.
This Statutory Instrument adapts Annex 1 to Regulation (EU) 2019/1021 to a change to the list of substances set out in Annex A to the Stockholm Convention on Persistent Organic Pollutants.
The main point is that the following substances have been added:
| Substances | Limits |
|
PFHxS and any of its salts (in a substance, mixture or article) |
≤ 0.025 mg/kg |
|
Any PFHxS-related compounds (in a substance, mixture or article) |
≤ 1 mg/kg (0.0001% by weight) |
|
PFHxS, any of its salts, and any PFHxS-related compounds (fire-fighting foam mixtures) |
≤ 0.1 mg/kg (0.00001% by weight) |
It came into force on 16th November 2023.
Japan
Japan Prohibits PFHxS and its Salts
On 1 December 2023, Japan’s Ministry of Economy, Trade and Industry (METI) issued Cabinet Order No. 343 to classify perfluorohexane sulfonic acid (PFHxS) and its salts as a Class 1 chemical under the Chemical Substances Control Law (CSCL). The new designation will prohibit the use, manufacture and import of PFHxS and its salts and also prohibit the import of ten categories of products containing PFHxS and its salts.
The Cabinet Order will come into effect on February 1, 2024. As o June 1, 2024, the import of the following product categories containing PFHxS and its salts will be prohibited:
- Treated fabric with water-repellent or oil-repellent properties.
- Etching agents used for processing metals.
- Etching agents used for manufacturing semiconductors.
- Surface treatment agent for plating and their preparation additives.
- Anti-reflective agents used for manufacturing semiconductors.
- Resists for semiconductors.
- Water repellent, oil repellent, and fiber protecting agent.
- Fire extinguishers, fire extinguishing agents, and fire extinguishing foam.
- Treated clothes with water-repellent or oil-repellent properties.
- Treated Floor coverings with water-repellent or oil-repellent properties.
Sustainability, circular economy and environment
Miscellaneous technical publications relating to environmental, plastics, packaging and waste
The table below summarises the most recent publications regarding the environment, circular economy, and sustainability (non-exhaustive):
| Entity | Date | Publication |
|
European Commission |
28/11/2023 |
EU forests – new EU Framework for Forest Monitoring and Strategic Plans The aim is to develop an EU-wide forest observation framework to provide to detailed, accurate, regular, and timely information on the condition and management of EU forests, and on the many products and ecosystem services that forests provide. This adopted act is open for feedback until 7 February 2024. All feedback received will be summarised by the European Commission and presented to the European Parliament and Council with the aim of feeding into the legislative debate. |
|
European Commission |
01/12/2023 |
New product priorities for Ecodesign for Sustainable Products The aim is to make products sold in the EU subject to the Ecodesign requirement (performance and information-related) to ensure greater sustainability. Commission adoption is planned for first quarter 2024. |
|
European Council |
7/12/2023 |
Net-Zero Industry Act: Council adopts position to boost technologies for the green transition The Council has adopted its position supports the main objectives of the Net-Zero Industry Act, but introduces several improvements, such as enlarging the scope of application, and clarifying the rules for permit-granting procedures, access to market and public procurement and promoting skills, and research and innovation. |
|
European Council |
09/12/2023 |
The Council presidency and the European Parliament’s negotiators have reached a provisional agreement on the proposal on harmonised rules on artificial intelligence (AI). The AI act has the main idea is to regulate AI based on the latter’s capacity to cause harm to society following a ‘risk-based’ approach: the higher the risk, the stricter the rules. |
|
French Ministry of Ecological Transition |
10/12/2023 |
This decree defines the obligations of eco-organisations to contribute to or provide for the collection, recycling and reuse of waste from household packaging, printed paper and paper for graphic use. It also defines the specifications for individual systems put in place, where applicable, by producers to individually fulfill their extended responsibility obligations. |
|
European Council |
14/12/2023 |
The due diligence directive will set obligations for large companies regarding actual and potential adverse impacts on human rights and the environment, with respect to their own operations, those of their subsidiaries, and those carried out by their business partners. |
|
European Council |
18/12/2023 |
The Council has reached an agreement on a proposal for a regulation on packaging and packaging waste. The aim is to minimise packaging waste generated in the EU. The proposal will serve as a mandate for negotiations with the European Parliament on the final shape of the legislation. Main changes agreed by the Council are:
The proposal will serve as the Council’s mandate for negotiations with the European Parliament on the final shape of the legislation. The outcome of the negotiations will have to be formally adopted by the Council and the Parliament. For more information, consult the European Council website here. |
|
European Council |
22/12/2023 |
The Council and the Parliament have reached a provisional political agreement on the proposed regulation establishing a framework for setting ecodesign requirements for sustainable products. The ecodesign regulation would be applicable to almost all categories of products (i.e. dishwashers, televisions, windows, car chargers, etc). It establishes a harmonised framework for setting of requirements for specific product groups to make them not only energy and resource-efficient (as it was the case in the existing 2009 directive) but also more durable, reliable, reusable, upgradable, reparable, recyclable and easier to maintain. The Commission will be able to propose new requirements by delegated acts when new kinds of products or technologies call for it. |
|
European Council |
22/12/2023 |
Council and Parliament strike provisional deal on design protection package The Council and the European Parliament have reached a provisional deal on the revision of the two legislative proposals of the designs package: the directive for the legal protection of designs and the regulation on Community designs. The new texts update the 20-year-old design legislation, aiming to facilitate the protection of industrial designs and adapt EU law in this area to the challenges of a digital and 3D-printing world. |
|
International Organization for Standardization (ISO) |
In 2023 |
In 2023, the International Organization for Standardization (ISO) introduced several standards related to microplastics from textile sources. These standards describe methods and qualitative-quantitative analytical evaluation of microplastics. The standards are:
|
Cosmetics & Personal Care
Navigating the Green Wave: Insights for a Sustainable Future
As we approach the conclusion of 2023 and set our sights on 2024, it's crucial to reflect on the profound implications of the sustainability revolution within the ever-evolving 'Green' legislative landscape.
We are currently witnessing a rapid surge in laws crafted to safeguard our environment. This includes heightened regulations targeting detrimental chemicals like PFAS, accompanied by a steadfast commitment to combating the use of unverified green claims (greenwashing). These legislations not only play a pivotal role in preserving the health of our planet but also pose significant challenges for businesses, both locally and globally.
The forthcoming European Union (EU) Directive on the Substantiation and Communication of Explicit Environmental Claims, commonly known as the Green Claims Directive, is anticipated to be ratified in 2024. This directive will introduce specific guidelines aimed at combating greenwashing.
Recognizing and gearing up for your imminent compliance obligations is now more crucial than ever. To facilitate this, the Eurofins Cosmetics & Personal Care network of companies stands ready to assist you with tailored, sustainable solutions.
Unleash Diversity, Embrace Beauty: Our Inclusive Testing Solutions
Embarking on the journey of inclusive beauty, Eurofins Cosmetics and Personal Care proudly presents a comprehensive array of tests tailored for every facet of diversity in the cosmetics industry. From foundations to creams and beyond, we redefine beauty by ensuring our testing caters to:
- All skin types: Combination, oily, dry tendency, normal
- All hair types: Straight to coily
- All gender identities: Cisgender to transgender
- All ages: From babies to over 65s
- All phototypes: From I to VI
What does this mean for you?
- Tests crafted for everyone
- An international presence for a global impact
- All types of beauty are included
- Diverse panelists recruitment
- Mono-center or multi-center multi-phototype studies
Our expert team is ready to assist you in developing comprehensive, cost-effective, and customized testing plans. Embrace diversity, enhance beauty – contact us to discover more.
MoCRA Mastery: Navigating FDA Changes with Ease. Secure Your Spot with Eurofins Experts Today
Per U.S. Food & Drug Administration (FDA) guidance, the Modernization of Cosmetics Regulation Act (MoCRA) registration requirements on facilities and product listing will be enforced as of July 1, 2024. All cosmetics and personal care end product producers must meet registration requirements. In addition, there are already enacted MoCRA regulations and upcoming rule adoptions (please click link below for more information).
Companies can register electronically or submit paper applications. Eurofins Cosmetics and Personal care has regulatory experts who can assist with compliance.
Simplification and sequencing of this process is essential for companies to avoid delays or penalties in not meeting with MoCRA regulations.
As the world leader in certification, inspection and testing for the cosmetics and personal care industry, Eurofins offers consultation and testing solutions to help companies navigate the new regulatory environment enacted by MoCRA. Our dedicated team is prepared to determine if you need to register your facility, perform additional product testing, designate a U.S. agent as well as advise on other areas for MoCRA compliance with the FDA.
Read more and contact our team of experts
Softlines & Leather
Textile care symbols standard has been updated
In December 2023, the International Organization for Standardization (ISO) published the new version of the standard ISO 3758, which established a system of graphic symbols intended for use in the marking of textile articles to provide, information on the most severe treatments that do not cause irreversible damage to the article during the textile care process, and to specified the use of these symbols in care labelling.
The main changes are as follows:
- Some exemptions have been introduced into the Scope (see Clause 1);
- A new symbol has been introduced:
- for wash by hand at ambient temperature in Table 1;
- for ironing without steam in Table 5;
- New solvents have been introduced in Table 6;
- Graphical changes have been introduced in symbols indicating to wash by hand, do not wash (in Table 1), do not bleach (in Table 2) and do not iron (in Table 5), in order to align them to the GINETEX symbols;
- Three alternative examples of use of symbols have been introduced in 5.3;
- A new Annex D, “Adaptation of registered graphical symbols for use in practice”, has been added.
Provisional agreement for ecodesign requirements and sustainable products
On 5th December 2023, the European Council and the Parliament reached a provisional political agreement on the proposed regulation establishing a framework for setting ecodesign requirements for sustainable products.
Priority will be given to highly impactful products, including textiles (especially garments and footwear), furniture (including mattresses), iron and steel, aluminium, tyres, paints, lubricants and chemicals, as well as energy related products, ICT products and other electronics.
The new ecodesign requirements relate to:
- Product durability, reusability, upgradability, and repairability
- Presence of chemical substances that inhibit reuse and recycling of materials
- Energy and resource efficiency
- Recycled content
- Carbon and environmental footprints
- Available product information, in particular a Digital Product Passport.
On other hand, the co-legislators introduced a direct ban on the destruction of unsold textiles and footwear products.
The new regulation will replace the current Ecodesign Directive 2009/125/EC, which established energy efficiency requirements covering 31 product groups.
For more information, consult the European Commission publication here.
The below table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):
(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.
| CEN | |||
| Reference | Title |
Date of withdrawal (*) |
Supersedes |
|
Textiles - Determination of formaldehyde - Part 3: Free and hydrolysed formaldehyde (extraction method) by liquid chromatography (ISO 14184‑3:2023) |
2024-06-30 |
|
|
|
Leather - Chemical tests - Guidelines for testing critical chemicals in leather (ISO 20137:2023) |
2024-05-31 |
||
|
Textiles - Care labelling code using symbols (ISO 3758:2023) |
2024-06-30 |
||
Standard updates
The below table summarises the most recent standard updates (non-exhaustive):
|
ISO |
|||
|
Reference |
Title |
Publication date |
Supersedes |
|
Microplastics from textile sources. Part 2: Qualitative and quantitative analysis of microplastics |
2023- 09 |
|
|
Toys, Childcare & Hardlines
Europe
European rules on recycled plastic content in single-use plastic beverage bottles
On the 1st of December 2023, the European Commission published the Commission Implementing Decision (EU) 2023/2683 of 30 November 2023 laying down rules for the application of Directive (EU) 2019/904 of the European Parliament and of the Council as regards the calculation, verification and reporting of data on recycled plastic content in single-use plastic beverage bottles.
Member States are to report to the Commission information on recycled plastic content in PET bottles and in all beverage bottles to demonstrate the attainment of the targets of recycled plastic content according to sets by Directive (EU) 2019/904.
Member States shall calculate:
- The weight of the plastic parts of beverage bottles placed on the market.
- The weight of recycled plastic in beverage bottles placed on the market.
- The resulting proportion of recycled plastic content in beverage bottles placed on the market.
Member States report the data and shall submit the quality check report in the format laid down in Annex II and III of this Decision every year.
For more information, please consult the official publication on the European Commission website here.
The below table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):
(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.
|
CEN |
|||
|
Reference |
Title |
Date of withdrawal (*) |
Supersedes
|
|
Furniture - Seating - Determination of stability |
2024-05-31 |
||
|
Paper and board - Paper and board intended to come into contact with foodstuffs - Determination of aluminium in aqueous extracts |
2024-06-30 |
|
|
|
Furniture - Circularity - Evaluation method for dis/re-assembly capability |
2024-06-30 |
|
|
|
Furniture - Safety, strength and durability - Requirements for domestic tables |
2024-05-31 |
||
|
Furniture - Beds - Requirements for safety, strength and durability |
2024-05-31 |
||
European initiatives related to the General Product Safety Regulation
The European Commission published a new initiative related to Regulation (EU) 2023/988 on General Product Safety.
Below is a summary table with the published initiative:
|
Published initiative |
Status |
|
General Product Safety Directive – decision on citing certain European standards This decision aims to identify specific European standards which comply with the requirements in the General Product Safety Directive and publish the references to these in the EU Official Journal. |
Commission adoption planned for Q4 2024
|
Relevant publication related to ERP and AGEC Law
The latest publications in relation to Extended Producer Responsibility (ERP) and AGEC Law by French Ministry of Ecological Transition are summarised in the table below:
|
Date |
Publication |
|
10/11/2023 |
This decree modifies the specifications of the sectors with extended responsibility of the producer of electrical and electronic equipment, sporting and leisure articles and DIY and garden articles concerning the funds dedicated to financing repair and reuse and reuse. |
|
26/11/2023 |
This decree supplements the decree establishing specifications for eco-organisations and individual systems of the extended responsibility sector of the producer of DIY and garden items to take into account the provisions of article L. 541-10-4 and R. 541-107 et seq. of the Environmental Code. It thus introduces provisions relating to coordination in the event of approval of several eco-organisations for the same family of DIY and garden items and provides in particular for the creation of an Annex III containing specifications for approval of coordinating bodies. |
|
10/12/2023 |
This decree defines the specifications of eco-organisations which must contribute to or provide for the collection, recycling, and reuse of waste from household packaging, printed paper and paper for graphic use. It also defines the specifications for individual systems put in place, where applicable, by producers to individually fulfill their extended responsibility obligations. |
|
14/12/2023 |
The practical guide to environmental claims was published by the Agence de la transition ecologique (ADEME) with the aim to provide advices to help understand the claims used in consumer products and this way professionals communicate precisely, reliably and deliver information that is relevant to consumers. |
US
CPSC publishes proposed rule for electronic filing (eFiling) of the Certificates of Compliance
On the 8th December 2023, the U.S. Consumer Product Safety Commission (CPSC) published in the Federal Register the supplemental notice of proposed rulemaking (SNPR) to revise the Commission's rule regarding the Certificates of Compliance – 16 CFR 1110. The proposed changes are designed to bring the Certification rule into alignment with other CPSC regulations regarding testing and certification. Additionally, the SNPR introduces a proposal for the electronic filing (eFiling) of the certificates for the CPSC-regulated products and substances that are imported to be sold as finished products to the consumers, to be filed with the U.S. Customs and Border Protection (CBP).
In 2013, the CPSC sought to revise the Certification rule – 16 CFR 1110, with the aim of aligning it with the testing rules for children's products under 16 CFR part 1107 and the component part testing under 16 CFR part 1109, whilst also introducing the requirement for electronic filing (eFiling) of certificates for imported consumer products with the CBP. Building on these 2013 proposals, the current SNPR aims to further amend part 1110. This latest revision seeks to integrate terminology and concepts from the 1107 and 1109 rules, expand the definition of “importer” to better address concerns about the product certifier’s control over and knowledge of the goods, permit private labelers to test and certify products, and implement eFiling for all imported, CPSC-regulated consumer products and substances that are sold as finished products to the consumers. These updates are part of a continued effort to streamline compliance processes and enhance clarity, while maintaining effective oversight of product safety.
The CPSC based on experience from the eFiling Alpha Pilot (2016), the Certificate Study (2017) and the current eFiling Beta Pilot has designed the eFiling System to reduce burden and offer importers two methods for entering certificate data: the Full Message Set and the Reference Message Set via the Product Registry. With the Full Message Set, importers submit all certificate data directly through CBP's Automated Commercial Environment (ACE) system. The Reference Message Set, on the other hand, requires importers to first enter all certificate data into the CPSC Product Registry and then submit a unique ID through ACE. The CPSC Product Registry provides a user-friendly interface for importers or their designees to input certificate data, either individually, in batches using a CSV template, or through an API for instantaneous entry. This registry not only allows importers to manage and view all submitted certificates but also enables them to grant varying levels of access to third parties like brokers or testing labs.
The SNPR broadens the definition of “importer” to include any entity the CBP allows to be an importer of record. Proposed rule also defines additional terms to develop the revised definition of “importer” in the SNPR, such as “importer of record,” “consignee,” and “owner or purchaser.” These definitions are based on CBP's definitions, found in 19 CFR 101.1 and Customs Directive 3530–002A, with slight changes to reflect CPSC's purposes.
The following are key revisions to the rule:
Certificate content:
The proposed rule retains the seven statutory data elements required by the current 16 CFR 1110 rule and includes one additional requirement – attestation. However, the SNPR provides additional detail on the required data elements.
The proposed rule will require the following content for each finished product certificate:
- Identify the finished product(s) covered by the certificate. Certifiers must provide at least one of the following unique identifiers: global trade item number (GTIN), model number, registered number, serial number, stock keeping number (SKU), universal product code (UPC), or alternate identifier, along with a sufficient description to match the finished product to the certificate.
- The list of all applicable CPSC rules, regulations, bans or standards, identified separately, to which the finished product is being certified.
- Identify the party certifying compliance of the finished product(s), including the party's name, street address, city, state or province, country or administrative region, electronic mail (email) address, and telephone number.
- Identify and provide contact information (consisting, at a minimum, of the individual's name, street address, city, state or province, country or administrative region, email address, and telephone number) for the individual maintaining the records.
- Provide the date (month and year, at a minimum) and place (including a manufacturer name, street address, city, state or province, country or administrative region, email address, and telephone number) where the finished product(s) were manufactured, produced, or assembled. For manufacturing runs over a series of days, provide the initial date of manufacture (month and year, at a minimum).
- Provide the most recent date and places (including the name of each third party conformity assessment body or other party on whose testing the certificate depends: name, street address, city, state or province, country or administrative region, email address, and telephone number) where the finished product(s) were tested for compliance with the applicable CPSC rule(s), ban(s), standard(s), or regulation(s).
- Include the following attestation:
I hereby certify that the finished product(s) covered by this certificate comply with the rules, bans, standards, and regulations stated herein, and that the information in this certificate is true and accurate to the best of my knowledge, information, and belief. I understand and acknowledge that it is a United States federal crime to knowingly and willfully make any materially false, fictitious, or fraudulent statement, representation, or omission on this certificate.
eFiling:
The finished product certifier must eFile the General Certificate of Conformity (GCC) or Children's Product Certificate (CPC) data elements required under this rule in the ACE at the time of filing the CBP entry, or the time of filing the entry and entry summary, if both are filed together for all imported products, including de minimis shipments.
In the case of finished products imported as a mail shipment, the finished product certifier must enter the GCC or CPC data elements required by this rule into the CPSC's Product Registry prior to the product or substance arriving in the United States.
Recordkeeping:
Currently, under the Testing and Labeling Pertaining to Product Certification rule (16 CFR 1107), a Children's Product Certificate (CPC) and its associated documents must be kept for a period of five years. Similarly, the SNPR proposes that General Certificates of Conformity (GCC) and their supporting records should be retained for five years from the date of their creation. This duration aligns with the five-year statute of limitations for initiating legal action regarding civil fines, penalties, or forfeitures for violations of consumer product safety laws. Moreover, this proposed requirement for GCC recordkeeping would be consistent with the existing retention period mandated for CPCs.
Effective date:
The SNPR proposes a 120-day effective date for the final rule, once the final rule is published in the Federal Register and seeks public comment on this proposed effective date.
Deadline for public comments for the SNPR is the 6th of February 2024.
Source: Supplemental Notice of proposed rulemaking: https://www.govinfo.gov/content/pkg/FR-2023-12-08/pdf/2023-25911.pdf
Personal Protective Equipment
Standard updates
The below table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):
(*) Date of withdrawal: latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.
|
CEN |
|||
|
Reference |
Title |
Date of withdrawal (*) |
Supersedes
|
|
Personal protective equipment - Test methods for sunglasses and related eyewear (ISO 12311:2023) |
2024-06-30 |
||
