Eurofins Toys & Hardlines Monthly Bulletin (January 2024)
New update to Candidate List of Substances of Very High Concern (SVHCs)
On 23 January 2024, the ECHA (European Chemicals Agency) released the new Candidate List of SVHCs. With the addition of five new substances, the current list of SVHCs now contains 240 substances.
See below a table indicating the latest substances addition:
Nº |
Substance name |
EC number |
CAS number |
Reason for inclusion |
Examples of use(s) |
1 |
2,4,6-tri-tert-butylphenol |
211-989-5 |
732-26-3 |
Toxic for reproduction |
Manufacture of another substance; formulation of mixtures and in fuel products. |
2 |
2-(2H-benzotriazol-2-yl)-4-(1,1,3,3-tetramethylbutyl)phenol |
221-573-5 |
3147-75-9 |
Very persistent and very bioaccumulative |
Air care products, coating products, adhesives and sealants, lubricants and greases, polishes and waxes and washing and cleaning products. |
3 |
2-(dimethylamino)-2-[(4-methylphenyl)methyl]-1-[4-(morpholin-4-yl)phenyl]butan-1-one |
438-340-0 |
119344-86-4 |
Toxic for reproduction |
Inks and toners, coating products. |
4 |
Bumetrizole |
223-445-4 |
3896-11-5 |
vPvB |
Coating products, adhesives and sealants and washing and cleaning products. |
5 |
Oligomerisation and alkylation reaction products of 2-phenylpropene and phenol |
700-960-7 |
- |
vPvB |
Adhesives and sealants, coating products, fillers, putties, plasters, modelling clay, inks, toners and polymers. |
Legal obligations for companies using SVHC substances include:
- Suppliers provide customers and consumers with enough information to allow for safe use of products that contain a substance of very high concern (SVHC) above a concentration of 0.1 % (weight by weight)
- Importers and producers of these products must notify the ECHA if their article contains SVHC substances above a concentration of 0.1% weight by weight (w/w) and the substance is present in those products in quantities totalling over 1 tonne per producer or per importer per year. The notifications must be submitted within six months from the date that the substance is included in the list.
- Suppliers of substances on the Candidate List, supplied either on their own or in mixtures, must provide their customers with a safety data sheet.
- Under the Waste Framework Directive (Directive 2008/98/EC on waste- WFD), any supplier of an article containing a substance of very high concern (SVHC) in a concentration above 0.1% weight by weight (w/w) on the EU market is required to submit a SCIP Notification on that article to ECHA, as of 5 January 2021. SCIP is the database holding information on Substances of Concern in articles, as such or in complex objects (products), established under the WFD. The SCIP database complements the existing notification obligations for Candidate List substances in articles subject to REACH regulation and its related communication through the supply chain, according to Articles 7 (2) and 33 respectively.
Click here to view the official List from the ECHA’s website.
Dibutyl phthalate entry update on the SVHCs list of REACH
On 23 January 2024, the ECHA (European Chemicals Agency) updated the existing Candidate List of SVHCs for dibutyl phthalate entry. Its endocrine disrupting properties for the environment are included.
See below a table indicating the update for dibutyl phthalate entry:
Nº |
Substance name |
EC number |
CAS number |
Reason for inclusion |
Examples of use(s) |
1 |
Dibutyl phthalate |
201-557-4 |
84-74-2 |
Endocrine disrupting properties |
Metalworking fluids, washing and cleaning products, laboratory chemicals and polymers. |
Legal obligations for companies using SVHC substances include:
- Suppliers provide customers and consumers with enough information to allow for safe use of products that contain a substance of very high concern (SVHC) above a concentration of 0.1 % (weight by weight)
- Importers and producers of these products must notify the ECHA if their article contains SVHC substances above a concentration of 0.1% weight by weight (w/w) and the substance is present in those products in quantities totalling over 1 tonne per producer or per importer per year. The notifications must be submitted within six months from the date that the substance is included in the list.
- Suppliers of substances on the Candidate List, supplied either on their own or in mixtures, must provide their customers with a safety data sheet.
- Under the Waste Framework Directive (Directive 2008/98/EC on waste- WFD), any supplier of an article containing a substance of very high concern (SVHC) in a concentration above 0.1% weight by weight (w/w) on the EU market is required to submit a SCIP Notification on that article to ECHA, as of 5 January 2021. SCIP is the database holding information on Substances of Concern in articles, as such or in complex objects (products), established under the WFD. The SCIP database complements the existing notification obligations for Candidate List substances in articles subject to REACH regulation and its related communication through the supply chain, according to Articles 7 (2) and 33 respectively.
Click here to view the official List from the ECHA’s website.
Update on the European Commission’s toys guidance
In December 2023, the European Commission published two publications related to the safety of toys.
One of them is the European Guidance document Nº 7 on the application of directive 2009/48/EC on the safety of toys and other products used in or on the water. This document has been revised to help with the classification, deciding if a product is a toy or not.
The other publication is the notes from market surveillance authorities related to small magnetic balls and magnetic building kits. The main point is that small magnetic balls and magnetic building kits must comply with the general safety requirement in Article 10 (2) of the Toy Safety Directive to be sold in the EU market. If the toy does not comply, immediate action shall be taken by the market surveillance authorities of a Member State to bring the toy into compliance with those requirements, to withdraw the toy from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as they may prescribe.
The below table summarises the most recent standard updates and upcoming dates of withdrawal (non-exhaustive):
(*) Date of withdrawal: The latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.
CEN |
|||
Reference |
Title |
Reference |
Supersedes |
Furniture - Strength, durability and safety - Requirements for non-domestic tables |
30 June 2024 |
||
Hardware for furniture - Starbases for seating - Requirements and test methods |
30 June 2024 |
|
|
Childcare articles - Baby walking frames - Safety requirements and test methods |
30 June 2024 |
||
Furniture - Assessment of the surface resistance to abrasion |
30 June 2024 |
||
Packaging - Determination of the degree of disintegration under simulated home composting conditions |
30 June 2024 |
|
New packaging requirements for intimate protection products
On 31 December 2023, the French authorities published Decree No. 2023-1427 of 30 December 2023 relating to information on certain intimate protection products. The main points are the definition of this type of product and the information that must appear on the packaging or instructions for intimate protection products such as absorbent towels, panty liners, menstrual panties, tampons, menstrual cups, menstrual sponges, as well as the terms according to which they are brought to the attention of the consumer. These provisions do not apply to medical devices defined by the aforementioned regulation of April 5, 2017.
The provisions of the decree come into force on 1 April 2024.
For more information, read the official publication on the Legifrance website here.
Relevant publications related to ERP and AGEC Law
According to the principle of extended producer responsibility (EPR), waste management must be ensured by the producers of said products. To fulfil their obligations, they must join an approved eco-organisation or set up an approved individual system. The following texts indicate approved eco-organisations for different product categories.
Date |
Publication |
28 December 2023 |
Order of 21 December 2023 approving an eco-organization in the extended responsibility sector of the producer of DIY and garden items. |
30 December 2023 |
Order of 21 December 2023 approving an eco-organization in the extended responsibility sector of producers of furnishing elements |
30 December 2023 |
Order of 21 December 2023 approving an eco-organization in the extended responsibility sector of producers of furnishing elements. |
29 December 2023 |
Order of 27 December 2023 approving an eco-organization in the extended responsibility sector of producers of furniture elements in the application of article L. 541-10 of the environmental code. |
29 December 2023 |
Order of 27 December 2023 approving an eco-organization in the extended responsibility sector of the producer of packaging, printed paper and paper for graphic use whose final holders produce household and similar waste in the application of the article L. 541-10 of the environmental code. |
29 December 2023 |
Order of 27 December 2023 approving an eco-organization in the extended responsibility sector of the producer of packaging, printed paper and paper for graphic use whose final holders produce household and similar waste in the application of the article L. 541-10 of the environmental code. |
29 December 2023 |
Order of 27 December 2023 approving an eco-organization in the extended responsibility sector of the producer of packaging, printed paper and paper for graphic use whose final holders produce household and similar waste in the application of the article L. 541-10 of the environmental code. |
The latest publications by the Directorate General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF) related to consumer products and toys:
- DGCCRF sheet – Management of alerts concerning toys
- DGCCRF investigation report – How the DGCCRF ensures the safety of toys
- DGCCRF sheet – Essential oils
- DGCCRF sheet - Beware of unfair clauses on online marketplaces
- DGCCRF sheet – Bulk sales: consumers, what to watch out for?
- DGCCRF sheet - Bulk sales: professionals, what are the regulations?
Harmonisation of the national law with European legislation for food contact materials
On 8 December 2023, Switzerland published the Official Collection 2023 836 (German, French and Italian versions) to revise the Ordinance on Materials and Articles Intended to Come into Contact with Foodstuffs (817.023.21).
The main point is to harmonize the nation’s law on food contact materials (FCM) and articles with those in the European Union.
It mainly incorporates provisions from:
- Regulation (EU) 2020/1245 on food contact plastics
- It adopts Directive 84/500/EEC for materials and articles made of ceramic, glass, enamel, or other similar materials
- It establishes a declaration of conformity (DoC) for packaging inks
between other amendments and requirements.
New statement on control of imports of toys and consumer products
On 31 December 2023, Turkey’s Ministry of Commerce published three communications which established the nation’s import control requirements for toys and some consumer products. They became effective on 1 January 2024. Below is a summary containing information on these new communications:
- Communiqué on Import Control of Toys (Product Safety and Inspection: 2024/10)
- Communiqué on Import Control of Consumer Products (Product Safety and Inspection: 2024/12). The consumer products which are included in this Communiqué are:
- Cufflinks and similar items
- Imitation jewellery
- Mobile phone and computer cases
- Mobile phone and computer tablet cover and screen protection films.
- Mousepads
- Plastic gloves for domestic use
- Stationery items (except toys)
- Watches and straps
- Communiqué on Import Control of Maternity and Baby Products (Product Safety and Inspection: 2024/17). Below is a non-exhaustive list of the scope of this Communique:
- Toilet seats for children
- Teethers
- Products falling under the scope of the following standards:
- TS EN 1273 ‘Baby walking frames’
- TS EN 1400+A2 ‘Soothers for babies and young children’
- TS EN 1466 ‘Carry cots and stands for domestic use’
- TS EN 13138-3 ‘Buoyant aids for swimming instruction’
- TS EN 14350+A1 ‘Drinking equipment intended for young children’
- TS EN 14988+A1 ‘Children’s highchairs’
- Certain products which are inspected for compliance with the Turkish Food Codex Regulation on Substances and Materials in Contact with Food (KODEKS).
In general, they require those products to comply with a list of documents, test reports and specified chemical restrictions under Turkey’s REACH (Kimyasalların Kaydı, Değerlendirilmesi, İzni Ve Kısıtlanması Hakkında Yönetmelik (KKDIK)), other pieces of legislation and/or standards to be upload to TAREKS.
CPSC approves revised ASTM F963-23 as a mandatory toy standard
On 18 January 2024, the U.S. Consumer Product Safety Commission (CPSC) published in the Federal Register a direct final rule to approve the revised ASTM F963-23 as the mandatory toy safety standard. The direct final rule incorporates by reference ASTM F963-23 and updates the existing notice of requirements (NOR) that provide the criteria and process for the CPSC’s acceptance of accreditation of third-party conformity assessment bodies for testing toys to ASTM F963-23.
Technical requirements for the following toy safety requirements were revised:
- Battery-operated toys
- Expanding materials
- Sound producing toys (acoustics)
- Projectile toys
The standard was also revised to align with the CPSC requirements for phthalate content, heavy elements (metals) – toy substrate material exemptions, and CPSIA Section 103 tracking labels for children’s products.
The rule is effective from 20 April 2024, unless the CPSC receives a significant adverse comment by 20 February 2024. Toys manufactured on and after 20 April 2024 will require testing to ASTM F963-23 at a CPSC accepted third-party lab for certification.
Source:
Direct final rule: 2024-00741.pdf (govinfo.gov)
See below a table summarising some recent ASTM standards updates:
Reference |
Title |
Standard Specification for Fire Safety for Candles |
Canada updates standards under the glazed ceramics and glassware regulations
Canada recently published the Regulations Amending Certain Department of Health Regulations (Miscellaneous Program): SOR/2023-247 in the Canada Gazette to update two test methods for demonstrating compliance with the migratable limits for lead and cadmium under the Glazed Ceramics and Glassware Regulations (SOR/2016-175).
Please see Table 1 for a summary of the updated test methods:
Section of Schedule |
Standard |
Effective Date |
|
ISO 6486-1:2019, entitled Ceramic ware, glass ceramic ware and glass dinnerware in contact with food — Release of lead and cadmium — Part 1: Test Method, third edition, August 2019 |
|
|
ASTM C927-80 (2019)e1, entitled Standard Test Method for Lead and Cadmium Extracted from the Lip and Rim Area of Glass Tumblers Externally Decorated with Ceramic Glass Enamels |
Regulatory proposals notified to WTO
The table below summarises the most recent notifications made to the World Trade Organization (WTO) (non-exhaustive):
Notification number |
Countries |
Title |
Brazil |
Ordinance No. 579, 5 December 2023 |
|
Israel |
SI 1003 part 1.2 -Release of lead and cadmium from ware in contact with food: Ceramic ware, glass-ceramic ware and glass dinnerware -Permissible limits. First amendment to the Mandatory Standard SI 1003 part 1.2. This amendment changes the labelling requirements based on Article 15 –Labelling of the European Regulation EC 1935/2004. Relevant documents:
|
|
Israel |
SI 1003 part 3.2 -Release of lead and cadmium from ware in contact with food: Glass hollowware -Permissible limits. The second amendment to the Mandatory Standard SI 1003 part 3.2. This amendment changes the labelling requirements and is based on Article 15, Labelling, of the European Regulation EC 1935/2004. Relevant documents:
|
|
Israel |
SI 562 part 3 -Safety of toys: Migration of certain chemical elements Revision of the Mandatory Standard SI 562 part 3, dealing with the migration of certain chemical elements from toys. This draft standard revision adopts the European Standard EN-71-3: 2019 + A1: April 2021, with a few changes that appear in the standard's Hebrew section. Both the old standard and this new revised standard will apply from entry into force of this revision for 12 months. During this time, products may be tested according to the old or the new revised standard. Relevant documents:
|
Below, you will find a monthly table summarising product recalls and alerts in Europe (Source” Safety Gate (RAPEX)” and “RASFF”) and the U.S. (Source “CPSC”)
Safety Gate (RAPEX) (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities)
The following 42 alerts regarding toys, childcare articles and children's equipment products were reported between week 50 of 2023 and week 3 of 2024.
Type of Risk |
Number of alerts |
Notes |
|
|
Children's fancy-dress mask |
|
|
Plastic doll |
|
Plastic toys |
|
|
Slime toy |
|
|
Plastic figurines |
|
|
Plastic ball with plastic rod |
|
|
Fancy dress costume |
|
|
Balloons |
|
|
Soother |
|
|
|
Electric toy train |
|
|
Pencil case |
|
|
Toy gun set |
|
Toy car |
|
|
Musical toy |
|
|
Nesting toy dolls |
|
|
Soft toy |
|
|
Rattle toy set |
|
|
Toy crossbow and pistol |
|
|
|
Gel blaster |
|
|
Expandable toy |
|
Toy bow |
|
|
|
Soother holder |
|
|
Toy crossbow |
|
Plastic toy |
|
|
|
Toy car |
|
Toy gun |
|
|
Toy keyboard |
|
|
Toy hair set |
|
|
Children's watch |
|
|
|
Toy motorcycle |
|
Toy scooter |
The following 1 alert regarding furniture was reported between week 50 of 2023 and week 03 of 2024.
Type of Risk |
Number of alerts |
Notes |
|
|
Armchair for children |
The following 14 alerts regarding jewellery were reported between week 50 of 2023 and week 3 of 2024.
Type of Risk |
Number of alerts |
Notes |
|
|
Watch |
|
Necklace |
|
|
Ear cuff |
|
|
Bracelet |
|
|
Tiara |
|
|
Earrings |
|
|
Rings |
|
|
|
Necklace |
The following 11 alerts regarding miscellaneous products were reported between week 50 of 2023 and week 3 of 2024.
Type of Risk |
Number of alerts |
Notes |
|
|
Jumping rope |
|
Dumbbell |
|
|
Water shoes |
|
|
Floor PVC tiles |
|
|
Jumping ball |
|
|
|
Artificial Christmas tree |
|
Inflatable PVC pillow |
|
|
Power wheel |
|
|
Massage yoga ball |
|
|
Fancy dress |
RASFF (European Commission Rapid Alert System for Food and Feed - Alerts reported by EU national authorities)
The following 2 alerts regarding Food Contact Materials related to children's tableware were reported from 21 December 2023 to 20 January 2024.
Product |
Notes |
|
Plastic feeding bottle |
Migration of DBP in feeding bottles |
|
Melamine and bamboo fibre dishes (consist of a plate, bowl, cup and spoon) |
The use of bamboo fibres mixed with plastics is unauthorised for use in food contact materials throughout the European Union. |
OPSS issues Product Safety Alerts on the UK market.
The following 21 alerts regarding toys and childcare products were reported between week 50 of 2023 and week 3 of 2024.
Type of Risk |
Number of alerts |
Notes |
|
|
Plush toy |
|
|
Halloween mask |
|
|
Baby doll |
|
|
Plush Christmas gonks |
|
Caterpillar tunnel toy |
|
|
Dolls |
|
|
Toy race car |
|
|
Activity toy |
|
|
Busy board |
|
|
Pen and visual card set |
|
|
|
Fishing toy game |
|
Fishing toy game |
|
|
|
Toy slide |
|
|
Teether & beaded clip |
|
|
Army combat max gun |
|
Baby walker |
|
|
|
Playhouse tent |
|
Veterinarian toy set |
The following 2 alerts regarding jewellery were reported between week 50 of 2023 and week 3 of 2024.
Type of Risk |
Number of alerts |
Notes |
|
|
Aromatherapy bracelet |
|
Necklace and earring |
The following 2 alerts regarding miscellaneous products were reported between week 50 of 2023 and week 3 of 2024.
Type of Risk |
Number of alerts |
Notes |
|
|
Ladder |
|
Large monitor stand |
From 21 December 2023 to 25 January 2024, the CPSC (Consumer Product Safety Commission) published the following recalls:
3 recalls regarding toys and childcare products
Hazard |
Number of alerts |
Notes |
|
|
Dress-up playsets and slime eggs |
|
|
High chairs |
|
|
Crib mattresses |
10 recalls of consumer products
Type of Risk |
Number of alerts |
Notes |
|
|
Casement windows |
|
|
Tree stands |
|
|
High-powered magnetic balls |
|
|
Bicycle helmets |
|
|
Bicycle helmets |
|
|
Bath and shower seat |
|
|
Mattress pad |
|
|
Water bottle |
|
|
Children’s rhinestone silver tiaras |
|
|
Ceiling fans |
4 recalls of furniture
Type of Risk |
Number of alerts |
Notes |
|
|
Chair set |
|
|
Furniture tip-over restraints |
|
|
Bed frame |
|
|
Plastic chairs |