Eurofins Softlines & Leather Monthly Bulletin (February 2022)

FRANCE

New certificate of waste recovery

On 30 January 2022, the Ministry of Ecological Transition published the order of 21 December 2021, relating to the certificate mentioned in article D. 543-284 of the environment code.

This decree establishes the certificate of sorting at source and separate collection, providing waste producers with the certainty that their waste paper/cardboard, metal, plastic, glass, textiles, wood, mineral fractions and plaster are subject to source sorting and recovery. This certificate also ensures compliance with the sorting obligations for this type of waste before the competent control authorities. The table below summarises the new rules with materials, type of certificate and dates from which the rules take effect:

Certificate of waste recovery provided for in article D. 543-284 of the environment code
Certificate model	Waste	Effective date
Annex IA	Paper/cardboard, metal, plastic, glass, wood, mineral fractions and plaster	Certificates submitted between 1 January 2023 and 31 March 2023, relating to waste collected and treated in 2022.
Annex IB	Paper/cardboard, metal, plastic, glass, wood, textile, mineral fractions and plaster	Certificates submitted between 1 January 1 2026 and 31 March 2026, relating to waste collected and treated in 2025.

As of 1 January 2023, the decree of July 18, 2018 relating to the certificate mentioned in Article D. 543-284 of the Environment Code is repealed.

ITALY

Change of implementation date for environmental labelling in packaging

On 28 February 2022, the law of 25 February 2022 n. 15 of the conversion of the decree law 30 December 2021 n. 228 (so-called Milleproroghe) was published in the Official Gazette.

Art. 11 of the provision will postpone the application of environmental labelling in packaging until 31 December 2022, as well as the possibility of marketing stocks of products already placed on the market until 1 January 2023.

After this date, the Italian Legislative Decree 116/2020 (amendment of the Italian Environmental Regulations) will be effective and mandatory for the environmental labelling on packaging in Italy for business to consumers (B2C) and business to business (B2B) packaging.

For more information, consult the CONAI website here.

Comments for testing and recordkeeping requirements for carpets and rugs

On 16 February 2022, the Consumer Product Safety Commission (CPSC) published the following notice:

Agency Information Collection Activities; Submission for OMB Review; Comment Request; Testing and Recordkeeping Requirements for Carpets and Rugs.

It indicates that the CPSC has submitted to the Office of Management and Budget (OMB) a request for an extension of approval for information collection requirements for manufacturers and importers of carpets and rugs under the Standard for the Surface Flammability of Carpets and Rugs and the Standard for the Surface Flammability of Small Carpets and Rugs.

It is possible to submit written or electronic comments until 18 March 2022.

MEXICO

Mexico updates textiles labelling Standard

On 14 January 2022, the new NOM-004-SE-2021, Commercial information – Labelling of textile products, clothing, their accessories and household linens was published in the Mexico Official Gazette of the Federation (DOF).  Businesses will have one year to comply with the new textile standard, which will come into effect on 15 January 2023, at which point the current NOM-004-SCFI-2006 will be replaced. The updated standard NOM-004-SE-2021 makes several key changes as below:

In Provision 1 (Purpose and field of application), the new standard requires the information of the person responsible for the product, which includes the licensee along with the manufacturer and/or importer.
In Provision 3 (Terms and definitions), many new term definitions are added.
In Provision 4 (Information specifications), the labelling of the RFC of the manufacturer (for domestic products) and the RFC of the importer (for imported products) becomes mandatory.

PRODUCT RECALLS / ALERTS

Below you will find a monthly summary of product recalls and alerts in Europe (Source “RAPEX”) and the U.S. (Source “CPSC”).

Europe

RAPEX (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities).

The following 17 alerts regarding textile & leather products were reported between week 04 and week 07 of 2022.

Type of Risk	Number of alerts	Notes
Chemicals	1	Plastic underpants The plastic material of the product contains an excessive amount of bis(2-ethylhexyl) phthalate (DEHP). The product does not comply with the REACH Regulation.
	2	Plastic bag The plastic material of the product contains an excessive amount of bis(2-ethylhexyl) phthalate (DEHP). The product does not comply with the REACH Regulation.
	1	Baby's shoes The leather in the product contains chromium (VI). The product does not comply with the REACH Regulation.
Chemical, Environment	1	Plastic handbag toy The toy contains an excessive amount of short chain chlorinated paraffin (SCCPs), di- (2-ethylhexyl) phthalate (DEHP) and di-n-butyl phthalate (DBP). It does not comply with the Persistent Organic Pollutants (POPs).
Choking	2	Children's dress The small decorative elements (beads) can easily be detached from the dress. It does not comply with the requirements of the General Product Safety Directive.
	1	Baby' clothing set The small decorative elements can easily be detached from the rose decorating the gray shirt. It does not comply with the requirements of the General Product Safety Directive
	1	Children's trousers The small decorative elements (rhinestones and beads) of the trousers may be easily detached. It does not comply with the requirements of the General Product Safety Directive.
	2	Children's sweater The small decorative elements (beads) can easily be detached from the sweater. It does not comply with the requirements of the General Product Safety Directive.
	1	Children's clothing set The small decorative elements (beads) can easily be detached from the floral decoration. It does not comply with the requirements of the General Product Safety Directive.
	1	Babies' romper suit The small decorative elements (rhinestones) can easily be detached from the product. It does not comply with the requirements of the General Product Safety Directive.
	2	Children's sandals The small decorative elements can easily be detached from the product. The product does not comply with the requirements of the General Product Safety Directive.
Strangulation	1	Children's tracksuit There are long functional cords with free ends in the hood of the product. The product does not meet the requirements of the General Product Safety Directive and EN 14682.
Strangulation	1	Children's cardigan The product has cords ,which do not meet the requirements of the General Product Safety Directive and EN 14682, in the neck area.

OPSS issues Product Safety Alerts on the UK market. The following 19 alerts regarding textile & leather products were reported between week 04 and week 07 of 2022.

Type of Risk	Number of alerts	Notes
Choking	1	Sleeping Bags The products present a choking hazard due to containing small parts. The poppers on the sleeping bags can become detached from the product and pose a choking risk to young children. The product does not meet the requirements of the General Product Safety Regulations 2005.
Entrapment	1	Junior Shorts The product includes a fixed loop which does not meet the requirements of the General Product Safety Regulations 2005 or the relevant standard, BS EN 14682:2014.
	1	Bench Junior Hoody The product includes a zip puller which exceeds the zip puller limit in the relevant standard. The product does not meet the requirements of the General Product Safety Regulations 2005 or the relevant standard, BS EN 14682:2014.
	1	Jogging Bottoms The product includes a functional draw-cord which is longer than the limit specified in the relevant standard. The product does not meet the requirements of the General Product Safety Regulations 2005 or the relevant standard, BS EN 14682:2014.
Entrapment and Injuries	12	Jacket The product has an elastic adjuster and toggle on the hood. Such adjusters are not permitted on garments intended for young children. The product does not meet the requirements of the General Product Safety Regulations 2005 or the relevant standard, BS EN 14682:2014.
Strangulation	1	Jogger Junior The product has a drawstring in the product’s waist band which is not secured and is longer than the permissible maximum. The product does not meet the requirements of the General Product Safety Regulations 2005 or the relevant standard, BS EN 14682:2014.Regulations 2005 or the relevant standard, BS EN 14682:2014.
Strangulation	1	Child’s Playsuit The product has a drawstring in the product’s waist band which is not secured and is longer than the permissible maximum. The product does not meet the requirements of the General Product Safety Regulations 2005 or the relevant standard, BS EN 14682:2014.
Strangulation and entrapment	1	Jogging Bottoms The product has a functional draw-cord which is longer than the permissible limit. The product does not meet the requirements of the General Product Safety Regulations 2005 or the relevant standard, BS EN 14682:2014.

U.S.

Between 21 January 2022 and 20 February 2022, the CPSC (Consumer Product Safety Commission) published the following recalls: 7 recalls of textile & leather products.

Hazard	Number of alerts	Notes
Burn and injuries	2	Children’s Nightgowns The recalled nightgowns fail to meet flammability standards for children’s sleepwear.
	1	Children’s Robes The children’s robes fail to meet the federal flammability standards for children’s sleepwear.
	1	Children’s Sleepwear Garments The children’s sleepwear garments fail to meet the flammability standards for children’s sleepwear.
	1	Children’s Sleepwear Sets The children’s sleepwear sets fail to meet the federal flammability standards for children’s sleepwear.
	1	Children’s Robes The children’s robes fail to meet the federal flammability standards for children’s sleepwear.
	1	Scarves The scarves fail to meet flammability standards for clothing textiles.
Choking	1	Socks The bells attached to the socks can detach.