Toys & Hardlines regulatory updates April 2023
New references of harmonised standards for toys
On 5 April 2023, the European Commission published the Commission Implementing Decision (EU) 2023/740 of 4 April 2023 on harmonised standards for toys drafted in support of Directive 2009/48/EC of the European Parliament and of the Council, which repeals the Implementing Decision (EU) 2021/1992.
The main points of this decision are:
- The updated references of the harmonised standards for toys are listed in the annex:
No |
Reference of the standard |
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1. |
EN 71-1:2014+A1:2018 |
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2. |
EN 71-2:2020 |
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3. |
EN 71-3:2019+A1:2021 |
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4. |
EN 71-4:2020 |
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5. |
EN 71-5:2015 |
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6. |
EN 71-7:2014+A3:2020 |
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7. |
N 71-8:2018 |
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8. |
N 71-12:2016
|
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9. |
EN 71-13:2021+A1:2022 |
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10. |
EN 71-14:2018 |
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11. |
EN IEC 62115:2020 |
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Date of withdrawal: The latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.
(**) Date of announcement: The latest date by which the existence of an EN (and HD for CENELEC), a TS or a CWA has to be announced at a national level.
CEN – Child care articles |
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Reference |
Title |
Date of withdrawal (*) |
Supersedes |
Childcare articles - Reclined cradles - Part 1: Reclined cradles for children up to when they start to try to sit up |
31 March 2024 |
||
Childcare articles - Reclined cradles - Part 2: Reclined cradles for children up to when they start to stand up |
31 March 2024 |
- |
|
Reference |
Title |
Date of Availability (**) |
Supersedes |
Childcare articles - General safety guidelines - Part 3: Mechanical hazards |
1 March 2023 |
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Childcare articles - General safety guidelines - Part 5: Product information |
26 April 2023 |
CEN - FCM |
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Reference |
Title |
Date of withdrawal (*) |
Supersedes |
Cookware - Domestic cookware for use on top of a stove, cooker or hob - Part 1: General requirements |
31 August 2023 |
EN 12983-1:2000/AC:2008 |
|
Cookware - Domestic cookware for use on top of a stove, cooker or hob - Part 2: General requirements for ceramic cookware and glass lid |
31 August 2023 |
CEN – Consumer products |
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Reference |
Title |
Date of withdrawal (*) |
Supersedes |
Gymnastic equipment - Individual and multifunctional vaulting boxes - Safety requirements and test methods |
31 August 2023 |
- |
|
Hardware for furniture - Test methods for strength and overload tests of connectors for furniture constructed from panel material |
30 September 2023 |
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|
Jewellery and precious metals - Determination of palladium - Gravimetry using dimethylglyoxime (ISO 11490:2023) |
30 September 2023 |
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Jewellery and precious metals - Determination of platinum - Gravimetry using ammonium chloride (ISO 11210:2023) |
30 September 2023 |
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Child-resistant non-resealable packaging for pharmaceutical products - Requirements and testing (ISO 14375:2018) |
30 September 2023 |
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Packaging - Child-resistant packaging - Requirements and testing procedures for non-resealable packages for non-pharmaceutical products (ISO 28862:2018) |
30 September 2023 |
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Packaging - Test methods and requirements to demonstrate that plastic caps and lids remain attached to beverage containers |
30 September 2023 |
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Paints and varnishes - Determination of density - Part 1: Pycnometer method (ISO 2811-1:2023) |
31 August 2023 |
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Paints and varnishes - Determination of scratch resistance - Part 1: Constant-loading method (ISO 1518-1:2023) |
31 August 2023 |
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Paints and varnishes - Determination of resistance to abrasion - Part 1: Method with abrasive-paper covered wheels and rotating test specimen (ISO 7784-1:2023) |
31 August 2023 |
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Paints and varnishes - Determination of resistance to abrasion - Part 2: Method with abrasive rubber wheels and rotating test specimen (ISO 7784-2:2023) |
31 August 2023 |
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Paints and varnishes - Vocabulary (ISO 4618:2023) |
31 August 2023 |
New safety evaluation of BPA published by EFSA and BfR
On 19 April 2023, two European entities published the following opinions regarding the safety of Bisphenol A (BPA):
- EFSA published a new scientific opinion on the safety of BPA. According to the safety evaluation, a reduction of TDI by a factor of 20,000 was recommended. This would result in an SML of 2.5 ng/kg food, which is analytically extremely hard to achieve. Furthermore, blank values will be hardly free of BPA in such low concentrations.
- The German Federal Institute for Risk Assessment (BfR) published its own opinion, which does not support the new TDI derived by EFSA due to several scientific and methodologic divergencies. Based on a detailed analysis of the scientific data on toxicological effects from gastrointestinal (oral, via the mouth) exposure to BPA, the BfR has derived a TDI value of 0.2 micrograms (which corresponds to 200 nanograms) per kilogram body weight, which is still a factor of 20 lower than the current limit but 1,000 fold higher than the EFSA opinion.
CPSC implements the STURDY Act requirements for the CSU stability
On 19 April 2023, the CPSC Commissioners voted to approve the direct final rule that implements the Stop Tip-overs of Unstable, Risky Dressers on Youth (STURDY) Act’s requirements for the stability of the clothing storage units (CSUs). The direct final rule (DFR) adopts the performance requirements of the ASTM F2057-23 as the Safety Standard for Clothing Storage Units in 16 CFR 1261, in place of the current part 1261 that the CPSC had published in November 2022 as a consumer product safety standard for CSUs to protect children from tip-over-related death or injury, that otherwise will take effect on 24 May 2023.
The direct final rule was published on 4 May 2023 and will go into effect on 1 September 2023, unless the CPSC receives significantly adverse comments by 5 June 2023. The final rule will apply to the CSUs manufactured on and after the effective date.
Scope: With the adoption of ASTM F2057-2023, the scope of the CSU stability requirements will be “free-standing clothing storage units, including but not limited to chests, chests of drawers, drawer chests, armoires, chifferobes, bureaus, door chests, and dressers, which are 27 in. (686 mm) or greater in height, 30 lb (13.6 kg) or greater in mass, and contain 3.2 ft³ (90.6 dm³) or greater of enclosed storage volume.
The scope excludes shelving units, such as bookcases or entertainment furniture, office furniture, dining room furniture, jewellery armoires, underbed drawer storage units, occasional/accent furniture not intended for bedroom use, laundry storage/sorting units, or built-in units intended to be permanently attached to the building, nor does it cover “Clothing Storage Chests” as defined in Consumer Safety Specification ASTM F2598.
Certification: The CSUs manufactured after the effective date will require Certification as per the 16 CFR 1110 rule. In addition, the children’s CSUs will require testing at a CPSC accepted third-party lab for the Certification (CPC) as per the 16 CFR 1110 rule.
Direct final rule: https://www.govinfo.gov/content/pkg/FR-2023-05-04/pdf/2023-08997.pdf
A copy of the ASTM F2057-2023 standard can be purchased at the ASTM website.
ISO 8124-3:2020/Amd.1:2023 new impact for migration of heavy metals
On 23 March 2023, the International Organization for Standardization (ISO) Technical Committee: ISO/TC 181 issued a new amendment ISO 8124-3:2020/Amd.1:2023 for toy safety standards regarding heavy metals. The amendment will come into effect as long as the standard is issued.
The main points of the new amendment are as follows:
- Add new definition of Slime: Water-based gel or gel-like material, clear or coloured, which is viscous, slippery, and often non-Newtonian fluids, intended for play by hand manipulation, kneading and stretching.
- Combine the putty definition into modelling clay as "Modelling Clay and Putty": Flexible solid or semi-solid mixtures that retain their shape and form when moulded into a shape, intended to create representations of objects by hand manipulation or to be extruded into profiles by the toy.
- Add element Boron (B) migration limit for Slime and Modelling Clay and Putty:
Slime: 1250 mg/kg
Modelling Clay and Putty: 3750 mg/kg - Adjust specific element migration limit for Slime and Modelling Clay and Putty:
Slime: The migration limits for all eight elements align with those of finger paint
Modelling clay and Putty: The element Barium (Ba) migration limit is 350 mg/kg
Below are the new limits laid out by the amendment:
New limit of ISO 8124-3:2020/Amd.1:2023 | |||||||||
|
Element Limit (mg/kg) |
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Antimony |
Arsenic |
Barium |
Cadmium |
Chromium |
Lead |
Mercury |
Selenium |
Boron |
|
Any toy material given in Clause 1, except modelling clay and putty, finger paint, and slime |
60 |
25 |
1000 |
75 |
60 |
90 |
60 |
500 |
-- |
Finger paint |
10 |
10 |
350 |
15 |
25 |
25 |
10 |
50 |
-- |
Slime |
10 |
10 |
350 |
15 |
25 |
25 |
10 |
50 |
1250 |
Modelling clay and putty |
60 |
25 |
350 |
50 |
25 |
90 |
25 |
500 |
3750 |
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 |
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Draft MERCOSUR Technical Regulation on silicones intended for the manufacture of materials, packaging, linings and equipment in contact with food (P. RES No. 06/22) |
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Technical Regulation for Packaging |
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The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023 These regulations will introduce a ban on the supply of:
The restriction will not apply to:
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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 13 alerts regarding childcare articles and children's equipment were reported between week 12 and week 15 of 2023.
Type of Risk |
Number of alerts |
Notes |
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Folding playpen |
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Baby pushchair |
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Children's hoodie |
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Baby pushchair and combination pushchair |
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Children's cot |
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Children's bathing seat |
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Pushchair |
The following 43 alerts regarding toy products were reported between week 12 and 15 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Plastic doll |
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Plastic toy |
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Toy bow |
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Toy slime |
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Toy car |
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Inflatable pool |
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Plastic doll |
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Kids piano |
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Plastic toy – Toy dinosaurs |
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Soft toy |
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Soft toy |
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Plastic ball |
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Wooden toy |
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Magnetic toy set |
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Plastic toys – dinosaur’s Tail |
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Soft toy |
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Ride-on toy for babies |
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Toy gun |
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Toy robot |
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Rubber duck |
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Toy camera |
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Toy phone |
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Electric scooter for children |
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Magnetic toy set |
The following 1 alert regarding decorative articles was reported between week 12 and 15 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Wreath with candles |
The following 3 alerts regarding furniture products were reported between week 12 and 15 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
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Sofas/Footstools |
The following 1 alert regarding hobby/sports equipment was reported between week 12 and 15 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Inflatable floating ring |
The following 30 alerts regarding jewellery were reported between week 12 and 15 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Bracelets and anklet |
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Advent calendar |
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Necklace & pendant |
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Jewellery set |
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Earrings and earring set |
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Children’s ring |
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Necklace/chain with pendant |
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Brooches set |
The following 1 alert regarding kitchen/cooking accessories was reported between week 12 and 15 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Glass-ceramic cooktop |
The following 1 alert regarding other accessories was reported between week 12 and 15 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Halloween Mask |
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 March 2023 to 20 April 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Spaghetti spoon |
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Bamboo tableware set |
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Black bowls |
OPSS issues Product Safety Alerts on the UK market.
The following 8 alerts regarding toy products were reported between week 12 and 15 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Wooden baby rattle |
Wooden toy |
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Fishing game |
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Toy doll |
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Kids drum |
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Cosmetic toy |
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Toy slime - fluffy slime |
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Balloons |
The following 1 alert regarding jewellery articles was reported between week 12 and 15 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Earrings |
The following 2 alerts regarding hardlines products were reported between week 12 and 15 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Extendable ladder |
From 30 March 2023 to 20 April 2023, the CPSC (Consumer Product Safety Commission) published the following recalls:
3 recalls regarding Toys and childcare products
Hazard |
Number of alerts |
Notes |
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|
Kid’s swings |
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Toy basket with balls |
Fishing game toy |
8 recalls of consumer products
Type of Risk |
Number of alerts |
Notes |
|
|
Bicycles |
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Bicycles |
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Bike helmets |
Children’s multi-purpose helmets |
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|
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Shovels |
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Sledgehammers |
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Children’s fishing rods |
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In-line skates |
1 recall of furniture
Type of Risk |
Number of alerts |
Notes |
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Carts |