Eurofins Toys & Hardlines Monthly Bulletin (March 2024)
One step closer to new rules on toy safety
On 13 March 2024, the European Parliament approved its position in favour of the safety rules drafted for toys.
The draft rules aim to decrease the number of unsafe toys sold in the EU single market by introducing a ban on harmful chemicals and strengthening testing on safety, security, and privacy.
The rules also respond to several new challenges introduced by digital toys and online shopping and convert the existing directive into a directly applicable regulation.
After this first reading, the file will be followed up by the new parliament after the European elections from 6 June to 9 June.
For more information, visit the European Parliament website here.
Standard updates related to furniture
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Date of withdrawal: the latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.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 |
Date of withdrawal |
Supersedes |
Furniture - Bunk beds and high beds - Part 1: Safety, strength and durability requirements |
30 September 2024 |
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Furniture - Bunk beds and high beds - Part 2: Test methods |
30 September 2024 |
Technical publications about food contact materials
The table below summarises recent technical publications regarding food contact materials:
Date |
Entity |
Title |
7 February 2024 |
EFSA (European Food Safety Authority) |
|
20 February 2024 |
EFSA (European Food Safety Authority) |
French eco-modulation system for DIY, gardening items and Toys sector
On 1 January 2024, Eco modulation on spare parts came into force for DIY, gardening items and the toys sector. French companies affected by Extended Producer Responsibility (ERP), in collaboration with eco-organizations, are working on the adoption of practices that promote the repairability of commercialized objects.
AGEC Law (in Article 62) establishes a system of bonuses and penalties (bonus-malus) which depends on environmental performance criteria. These can either reduce or increase the amount of eco-contribution paid by companies to their eco-organisations; this is called eco-modulation.
This information must be communicated or made available to consumers at the time of purchase, as indicated in Article 13 of the AGEC law.
Each eco-organisation establishes an eco-modulation scale for its product category. For the DIY, gardening items and Toys sector, the rules are as follows:
- Product must be made of several components.
- Spare parts must be essential for the use of the product.
- Spare parts must be available for a minimum period after the last time the product for which they are intended was placed on the market: 2 years for toys, and 5 years for DIY and gardening products.
For more information, consult your corresponding French eco-organisation for your product category. For the DIY, gardening items and Toys sector, you can visit the Ecomaison website here.
AGEC Law: Upcoming measures (by 2024-25)
The French anti-waste for a circular economy law (AGEC Law) has introduced several measures, such as the prohibition of certain single-use plastic products and the requirement to display information on the recycling, reuse and sustainability of products, etc. to put an end to all forms of waste. By 2025, more action is expected to be taken:
- A new sustainability index on electronics. From 2024, the repairability index is becoming a sustainability index taking into account three criteria: robustness, reliability, and scalability. The first products concerned will be smartphones, televisions and washing machines
- A new circular economy sector for professional packaging (pallets, films, boxes, etc.)
- Expand the collection of packaging, develop the deposit
- Expand the deployment of sorting bins in public spaces
- Implementation of a strategy to reduce, reuse and recycle plastic packaging (3R strategy).
- Implementation of a roadmap 2023-2028 specific to the textile sector: better collection, better recycling, better repair, developing the second life of textiles, supporting virtuous companies that respect environmental labels, etc
- Develop solutions for plastic microfibre filters on washing machines to prevent the release of microplastics that pollute the ocean
- To provide the French with a solution for collecting food waste to convert it into biogas or compost that is useful for the circular economy of the territories
- Deploy eco-design bonuses and rebates to incentivise manufacturers to make their products more sustainable and recyclable
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 recent legislative publications and guides about requirements related to the circular economy.
Entity |
Date |
Publication |
Re-Fashion |
In 2024 |
Guide des Éco-Modulations 2024 |
Ecomaison |
27 February 2024 |
Eco-modulation: a new tool to encourage repairability |
French Ministry of Ecological Transition |
1 February 2024 |
Decree No. 2024-60 of 31 January 2024 modifies the date of entry into force of articles 7 to 11 of Decree no. 2023-1394 of 30 December 2023 taken pursuant to Order no. 2023-1142 of 6 December 2023 relating to the publication and certification of information on sustainability and the environmental, social and corporate governance obligations of commercial companies to 1 February 2024. |
French Ministry of Ecological Transition |
21 February 2024 |
Decree No. 2024-123 of 20 February 2024 relates to funds dedicated to financing the repair of products falling under the principle of extended producer responsibility. The decree modifies the provisions for the environmental code for funds dedicated to financing repairs. The products affected are:
The decree also modifies provisions for contracts between the eco-organisations and the distributors concerned, so that these distributors promote the bonuses paid within the framework of this fund for the products the funds concern. |
French Ministry of Ecological Transition |
23 February 2024 |
Decree No. 2024-134 of 1 February 2024 repeals decree no. 2021-254 of 9 March 2021 and modifies the list of products covered as well as, for each of them, the minimum share of acquisitions which must come from the reuse, reuse or recycling sectors. The decree also sets a multi-year progression of these percentages until 2030. These acquisitions can be carried out via a public purchase as a main or secondary purpose. The decree also provides the possibility of counting donations. Finally, it includes single-use plastic trash bags on the list of products that may be subject to an exemption from the State's ban on the acquisition of single-use plastic products. |
French Ministry of Ecological Transition |
29 February 2024 |
Order of 29 February 2024 specifies the list of products falling under each product category that is subject to the obligation to acquire goods resulting from reuse or repurposing or which incorporate recycled materials under the application of article 58 of law no. 2020-105 of 10 February 2020, relating to the fight against waste and the circular economy, as provided for by article 2 of decree no. 2024-134 on the obligation to acquire goods through public procurement resulting from reuse or re-use or which incorporate recycled materials and the ban on acquisition by the State of single-use plastic products, taken in application of this article. |
French Ministry of Ecological Transition |
29 February 2024 |
Order of 29 February 2024 sets the fixed value grid allowing the accounting of donations acquired pursuant to article 58 of Law No. 2020-105 of 10 February 2020 relating to the fight against waste and the circular economy, as provided for in Article 2 of Decree No. 2024-134 relating to the obligation to acquire through public procurement goods resulting from reuse or repurposing or incorporating recycled materials and the prohibition of acquisition by the State of single-use plastic products, taken in application of this article. |
French Ministry of Ecological Transition |
14 March 2024 |
Order of 11 March 2024 approves an eco-organisation, CITEO PRO, in the extended responsibility sector of the producer of packaging used to market products consumed or used by professionals with a catering activity. |
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.
In 2024 the ecoorganisation for packaging Ecoembes published Ecomodulation Guide 2024: Technical and economic model for rate ecomodulation by Ecoembes.
The new ecomodulation guidelines established in Royal Decree 1055/2022 are aimed at encouraging packaging to be lighter, have a higher degree of recyclability and incorporate post-consumer secondary raw materials.
Packaging that facilitates selection and recycling and incorporates recycled raw material will have a bonus in the cost rate for managing domestic packaging waste, compared to those that do not, which will have a penalty.
For more information, visit the Ecoembes website here.
Amendment to import requirements for maternity and baby products
On 1 March 2024, the Turkish authorities published amendments to the notification on the import inspection of maternal and baby products (product safety and inspection: 2024/17) (product safety and inspection: 2024/34).
The main amendments are:
- The nation’s Food Codex on food contact plastics (Communiqué 2019/44) will be carried out by the Ministry of Agriculture and Forestry
- The following two standards detailing product safety for particular products subject to inspection have been added:
- TS EN 13209-2 (baby carriers)
- TS EN 14372 (cutlery and feeding utensils)
- Requires test reports from accredited laboratories and photographs of imported products.
- If it applies to the product, an EU Declaration of Conformity for products within the scope of the Toy Safety Directive and the Directive on Electrical Equipment Designed for Specific Voltage Limits (2014/35/EU) (LVD)
It entered into force on the date of its publication with retroactive effect from 1 January 2024.
Update the packaging waste Regulation
On 12 March 2024, The Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024 (S.I. 2024/359) was published. These Regulations amend the Packaging Waste (Data Reporting) (England) Regulations 2023 (S.I. 2023/219) (the “principal Regulations”) to revise the definition of “household packaging”, and clarify the division of responsibilities between brand owners, packers/fillers, importers and first UK owners, and distributors, to require the Environment Agency to publish a list of large producers, and to make other amendments published.
It entered into force on 1 April 2024.
Utah repeals online labelling rule for upholstered furniture
In April 2023, Utah’s Department of Agriculture and Food published changes to labelling rules that clarify that the law label requirements in Rule R70-101 for bedding, upholstered furniture and quilted clothing apply to online sales, as well as to brick and mortar sales.
Based on feedback from the furniture industry regarding the difficulty of satisfying the online labelling requirements, the Department has issued a Notice of Emergency (120-day) Rule to temporarily suspend the requirement to display the law label information online for upholstered furniture sold through e-commerce platforms, effective 2 February 2024. The online labelling requirements for quilted clothing will remain unchanged.
Proposal requirements for silicone in food contact materials
On 28 February 2024, Anvisa (Brazil’s National Health Agency) published two proposals related to food contact silicone materials and items. These two proposals are under public consultation until 5 May 2024. The ongoing consultations are as follows:
- Proposal for a resolution by the Collegiate Board of Directors - RDC, determining the sanitary requirements applicable to silicones used in materials, packaging, coatings and equipment intended to come into contact with food (Public Consultation No. 1235). The main points are as follows:
- Exempts coatings intended for cellulosic materials.
- Permits the use of authorised substances according to PC No. 1236/2024.
- Allows the use of colourants according to Resolution RDC No. 52 of November 26, 2010 (or its replacement) for colours in packaging and plastic equipment intended to come into contact with food.
- Chemical requirements:
- Silicone materials and articles:
- ≤ 0.5% volatile organic matter (VOM)
- ≤ 0.5% extractable compounds
- Negative for peroxides
- ≤ 0.01 mg/kg sum of primary aromatic amines (PAA)
- Silicone materials for childcare items:
- ≤ 0.01 mg/kg N-nitrosamines and ≤ 0.1 mg/kg N-nitrosatable substances from saliva (UNE EN 12868)
- Proposal for Normative Instruction - IN, which provides for the sanitary requirements applicable to silicones used in materials, packaging, coatings and equipment intended to come into contact with food (Public Consultation No. 1236). The main points are as follows:
- Chemical requirements:
- Specific migration limits (SML) for nine elements and their salts:
- ≤ 1 mg/kg for each of aluminium (Al) and barium (Ba)
- ≤ 0.05 mg/kg cobalt (Co)
- ≤ 5.0 mg/kg for each of copper (Cu) and zinc (Zn)
- ≤ 48 mg/kg iron (Fe)
- ≤ 0.6 mg/kg for each of lithium (Li) and manganese (Mn)
- ≤ 0.02 mg/kg nickel (Ni)
- Annexes which indicate specifications and methodologies for the use of substances:
- Annex I ‘Substances that can be used for silicone oils or fluids and their respective emulsions’
- Annex II ‘Substances that can be used for the manufacture of silicone resins’
- Annex III ‘Substances that can be used for the manufacture of silicone elastomers (silicone rubber)
- Annex IV ‘Authorized substances for the manufacture of childcare items’
- Annex V ‘Substances that can be used as additives, fillers and additives for fillers’
- Annex VI ‘Substances that can be used as monomers’
- Annex VII ‘Methods for the determination VOM release, extractable compounds and peroxide residue in silicone elastomers’
New requirements for metals in food contact materials
In December 2023, Mercosur (the Southern Common Market) published Mercosur/GMC/Resolution. No 48/2023 amending GMC resolution n° 46/06 “Mercosur technical regulation on provisions for containers, coatings, utensils, covers and metal equipment in contact with food.”
The main amendments are as follows:
- Updated impurity specifications:
- ≤ 1% for the sum of antimony, arsenic, cadmium, lead, and mercury, subject to
- ≤ 0.01% for each of cadmium, lead, and mercury and
- ≤ 0.03% for arsenic
- Copper has been removed as one of the heavy metals in impurities.
- Revisions to the list of stainless steel alloys authorised for use.
- Provides specifications and restrictions for anodised and non-anodised aluminium and its alloys.
- The addition of uncoated carbon steel (for limited applications) and passivated metals and metal coatings to the list of raw materials authorized for use in contact with food.
Countries to the Southern Common Market (Argentina, Brazil, Paraguay and Uruguay) must transpose Mercosur/GMC/Res. No 48/2023 into their national law before 2 June 2024.
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 |
G/TBT/N/ISR/1322 |
Israel |
SI 14350 -Child care articles –Drinking equipment –Safety requirements and test methods
Revision of the Mandatory Standards SI 5817 parts 1 and 2 on children's drinking equipment will be replaced with SI 14350. The main differences between the old version and this new revised draft standard are:
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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 55 alerts regarding toys, childcare articles and children's equipment products were reported between week 8 and week 11 of 2024.
Type of Risk |
Number of alerts |
Notes |
|
|
Remote controlled toy |
|
Soft toy |
|
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Ball |
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Baby soother |
|
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Balloons |
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Ballpoint pen |
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Plastic doll |
|
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Slime toy |
|
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Toy elephant |
|
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Toy car |
|
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Toy glasses and nose |
|
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Toy make-up set |
|
|
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Finger paint kit |
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Plastic doll |
|
|
Soft toy |
|
|
LED mask |
|
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Plastic doll |
|
|
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LED torch projector |
|
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Caterpillar toy |
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Activity panel toy |
|
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Hammer bench toy |
|
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Keyring with soft toy |
|
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Nesting dolls |
|
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Wooden toy |
|
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Toy gun set |
|
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Soft toy with keyring |
|
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Soft toy |
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|
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Toy police set |
|
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Magnetic toy |
|
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Bath toy |
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Toy pushchair |
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Electric toy |
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Toy car |
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Plastic playpen |
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Head support strap |
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|
Plastic toy |
The following 5 alerts regarding furniture were reported between week 8 and week 11 of 2024.
Type of Risk |
Number of alerts |
Notes |
|
|
Learning tower |
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Office chair |
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Kitchen stool |
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Learning tower |
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Folding stool |
The following 5 alerts regarding jewellery were reported between week 8 and week 11 of 2024.
Type of Risk |
Number of alerts |
Notes |
|
|
Earrings |
|
Necklace |
The following 9 alerts regarding miscellaneous products were reported between week 8 and week 11 of 2024.
Type of Risk |
Number of alerts |
Notes |
|
|
Liquid hourglass |
|
Halloween decoration |
|
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Window sticker |
|
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Christmas decoration |
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Casting kit |
RASFF (European Commission Rapid Alert System for Food and Feed - Alerts reported by EU national authorities)
The following 3 alerts regarding Food Contact Materials related to children's tableware were reported from 21 February 2024 to 20 March 2024.
Product |
Notes |
|
Melamine bowls |
Presence of Melamine |
|
Plastic tableware |
Migration of formaldehyde |
|
Polypropylene box for food |
Unauthorised use of wheat in wheat straw fibres and polypropylene. |
OPSS issues Product Safety Alerts on the UK market.
The following 2 alerts regarding furniture were reported between week 8 and week 11 of 2024.
Type of Risk |
Number of alerts |
Notes |
|
|
Shower chair |
|
|
Bed |
From 29 February 2024 to 21 March 2024, the CPSC (Consumer Product Safety Commission) published the following recalls:
6 recalls regarding toys and childcare products
Hazard |
Number of alerts |
Notes |
|
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Crib mattresses |
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Highchairs |
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Magnetic ball sets |
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Infant swings |
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Toy figures |
7 recalls of consumer products
Type of Risk |
Number of alerts |
Notes |
|
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Croquet sets |
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Flat panel displays |
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Bicycles |
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Bracelets |
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Mugs |
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Fuel bottles |