Toys & Hardlines regulatory updates July 2023
Fight against deforestation – new Regulation (EU) 2023/1115
On 31 May 2023, European Parliament published and adopted Regulation (EU) 2023/1115 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation. This aims to tackle deforestation and forest degradation driven by the European Union (EU) and repeals Regulation (EU) No 995/2010.
This new regulation lays down rules regarding the placing and making available on the EU market, as well as the export from the EU of relevant products, that contain, have been fed with or have been made using relevant commodities, to minimise the EU's contribution to deforestation and forest degradation worldwide and reduce the EU's contribution to greenhouse gas (GHG) emissions and global biodiversity loss.
This new regulation shall affect goods classified in Annex I of this regulation, which include as relevant commodity Wood products and relevant products such as plywood, veneered panels, and similar laminated wood, packing cases, boxes, crates, drums and similar packings, tableware and kitchenware, of wood as well as many other products.
For more information, please refer to the official publication here.
(EU) 2023/1338 – Safety requirements for childcare products
On 28 June 2023, European Commission published Decision (EU) 2023/1338 on the safety requirements to be met by European standards for certain children’s products and related products pursuant to Directive 2001/95/EC of the European Parliament and of the Council.
In this new publication adopted by the European Commission, the main objective is to establish safety requirements for certain children's products and related items within the European Union. Furthermore, it also aims to enhance the safety of children's products in the EU market, reduce potential hazards, and promote consumer confidence in the products they purchase for children.
This Decision shall enter into force on 18 July 2023.
Note: Directive 2001/95/EC (General Product Safety Directive) applies to the aspects and risks or categories of risks not covered by Directive 2009/48/EC (Toy Safety Directive).
An end to the penalties for confusion caused by some recycling markings
On 6 July 2023, the French authorities published Decisions 449872, 450134 & 450158 of 30 June 2023 which cancelled the following decrees:
- Decree of 30 November 2020 relating to signs and markings that may lead to confusion about the rule for sorting or returning product waste, which came into force on 1 January 2021.
Specifically, this order defined signs and markings that may lead to such confusion as figures/ graphics representing two or more arrows rolled up and inscribed in a circle. - Point 4 of part II of the appendix to the Decree of 25 December 2020, amending the specifications of eco-organizations in the household packaging sector, indicates a penalty to product packaging on which is affixed one of the signs or one of the markings defined in the Decree of 30 November 2020. This penalty was effective from 1 April 2021.
UK amends the list of safety standards for toys
On 22 June 2023, the UK’s Department for Business and Trade published Notice 0084/23. This notice announces the review of the list of designated toy safety standards for demonstrating compliance with the Toys (Safety) Regulations 2011 (S.I. 2011/1881).
This action has been made by UK authorities to move towards the latest toy safety standard published in May by CEN (Comité Européen de Normalisation) which amend EN 71-13:2021+A1:2022 for olfactory board games, cosmetic kits and gustative games.
According to this, the list of published standards has been amended, updating the previously mentioned standard EN 71-13 - Safety of toys – Part 13: Olfactory board games, cosmetic kits and gustative games.
This amendment came into force on the same day as this publication.
For more information, please refer to the official publication here.
Export of consumer products into the UK
On 4 May 2023, the Office for Product Safety and Standards update Statutory Guidance General Product Safety Regulations 2005. This update indicates that the UK government extended the date for providing the information on the name and address of the importer on a product. This information has been extended until 31 December 2027.
It is important to consider that where an importer of consumer products covered by the 2005 Regulations finds that it is not reasonable for them to indicate their name and address on the product or its packaging, then the importer may adopt an alternative approach so that each product is traceable back to its source by the end user/consumer and a regulator. Some of these alternatives are:
- The importer’s address in the shipping documents
- The importer’s address on the invoice to the GB customer
- The importer’s address on the label that is on the outer packaging (“shipper”) in which a number of finished goods is packed (normally customers will receive shippers unless the order is very small so that the shipper has to be opened and split)
The company website, in addition, can be used to provide more information about the product details and contact points for retailers, consumers and enforcement bodies.
For more information, please refer to the official publication here.
Rhode Island extends effective date for PFAS in food packaging law (chemical – packaging)
On 22 June 2023, the State of Rhode Island approved Bill H5861 Substitute A as amended to amend Bill H7438 Substitute A which prohibits intentionally added PFAS chemicals in food packages. Under the amendment, the effective date of the prohibition was extended from 1 January 2024 to 31 July 2024.
CPSC issues new mandatory standard for adult portable bed rails
On 21 July 2023, the U.S. Consumer Product Safety Commission (CPSC) published the new federal mandatory Safety Standard for Adult Portable Bed Rails, in order to protect consumers from unreasonable risks of injury and death associated with entrapment by adult portable bed rails (APBRs).
The new standard incorporates by reference the voluntary, ASTM F3186-17, Standard Specification for Adult Portable Bed Rails and Related Products, with modifications.
The following key modifications are made to ASTM F3186-17:
- Added new definitions to ensure consistency throughout the rule
- Improved requirements for manufacturers to inform the consumer of the range of mattress thicknesses to ensure the safe use of the product and to provide testers with guidance for selecting the correct mattress thickness during the test setup
- Updated the requirements for entrapment testing to be consistent with known hazards
The effective date of the new standard is 21 August 2023.
Below you will find a monthly summary of product recalls and alerts in Europe (Source “Safety Gate (RAPEX)”) 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 toy products were reported between week 25 and 28 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Plastic doll |
|
Finger paint |
|
|
Toy slime - plasticine |
|
|
Soap bubble toy |
|
|
Balloons |
|
|
Fancy dress |
|
|
Plastic ball |
|
Burns
|
|
Fancy dress |
|
Toy mask |
|
Chemical, Choking |
|
Glow stick |
|
Paint stamp |
|
|
Toy traffic lights |
|
Choking |
|
Soft toy |
|
Toy remote control |
|
|
Toy xylophone – music set |
|
|
Keyring and toy car keys |
|
|
Plush toy |
|
|
Children's backpack |
|
|
Fancy-dress costume |
|
|
Pull-along toy |
|
|
|
Puffer ball |
Damage to sight |
|
Laser toy |
Environment |
|
Whale toy |
Injuries, Strangulation |
|
Fancy-dress costume |
|
|
Toy scooter |
|
Magnetic toy |
|
|
|
Plastic doll |
|
Veterinarian toy set |
The following 9 alerts regarding childcare articles and children's equipment were reported between week 25 and 28 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Baby self-feeding pillow |
|
|
Baby carrier |
|
Baby walker |
|
|
|
Baby monitor |
Entrapment, Injuries, Strangulation
|
|
Children's cot |
The following 1 alert regarding hobby/sports equipment was reported between week 25 and 28 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Portable gas stove |
The following 2 alerts regarding jewellery were reported between week 25 and 28 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Jewellery set |
|
Set of children's earrings |
OPSS issues Product Safety Alerts on the UK market.
The following 2 alerts regarding toy products were reported between week 25 and 28 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Toy plane |
|
|
Plastic battery-operated bath toy |
The following 1 alert regarding childcare articles was reported between week 25 and 28 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Silicone dummy clip/soother holder |
The following 1 alert regarding furniture articles was reported between week 25 and 28 of 2023.
Hazard |
Number of alerts |
Notes |
|
|
Sofa |
The following 2 alerts regarding jewellery were reported between week 25 and 28 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Jewellery set |
1 |
Jewellery watches |
|
From 29 June 2023 to 27 July 2023, the CPSC (Consumer Product Safety Commission) published the following recalls:
5 recalls regarding toy and childcare products:
Hazard |
Number of alerts |
Notes |
|
|
Baby hammock swings |
|
|
Baby monitors |
Lead |
1 |
Children's cups |
Laceration |
1 |
Cribs |
Fall |
1 |
Sky wheels The sky wheels can become detached from the overhead rail on the play set, posing a fall hazard and risk of injury to children. |
2 recalls of consumer products:
Type of Risk |
Number of alerts |
Notes |
|
|
Children’s bicycles |
Rock climbing cable wires |
1 recall of furniture articles:
Type of Risk |
Number of alerts |
Notes |
|
|
|
Leather woven chairs |