Toys & Hardlines regulatory updates September 2023
Technical publications related to toys
Below is a table with two recent publications related to toys:
Date |
Entity |
Publication |
24 July 2023 |
German Federal Institute for Risk Assessment (BfR) |
|
16 August 2023 |
The UK Office for Product Safety and Standards (OPSS) |
The Office for Product Safety and Standards warns of magnetic reusable water balloons danger |
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Date of withdrawal: The latest date by which national standards conflicting with an EN (and HD for CENELEC) have to be withdrawn.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 the national level.
Reference |
Title |
Date of withdrawal (*) |
Supersedes |
Childcare articles - Drinking equipment - Safety requirements and test methods |
31 August 2024 |
||
Child use and care articles - Infant swings |
30 September 2024 |
||
Cycles - Luggage carriers for bicycles - Requirements and test methods (ISO 11243:2023) |
31 March 2024 |
||
Cycles - Electrically power assisted cycles - EPAC Bicycles |
23 August 2025 |
||
Candle Accessories - Specification for fire safety and product safety labels |
29 February 2024 |
|
New amendment for plastic materials in FCM Regulation
On 11 August 2023, the Regulation (EU) 2023/1627 was published. This amends Annex I to Regulation (EU) No 10/2011 regarding the authorisation of the substance bis(2-ethylhexyl)cyclohexane-1,4-dicarboxylate (FCM No 1079).
The following entry is inserted in numerical order in Annex I to the Regulation (EU) No 10/2011:
Entry |
CAS No |
Substance |
SML (mg/kg) |
Restrictions and specifications |
1079 |
84731-70-4 |
bis(2-ethylhexyl) cyclohexane-1,4- dicarboxylate (DEHCH) |
0.05 |
Only to be used as an additive in poly(vinyl chloride) (PVC) at up to 25% w/w in contact at room temperature or below with foods for which food simulants A or B are assigned in Table 2 of Annex III. |
Technical publication related to food contact materials
The table below summarises the recent technical publications regarding food contact materials:
Date |
Entity |
Title |
2 August 2023 |
EFSA (European Food Safety Authority) |
|
2 August 2023 |
EFSA (European Food Safety Authority) |
|
4 August 2023 |
EFSA (European Food Safety Authority) |
|
7 August 2023 |
EFSA (European Food Safety Authority) |
|
7 August 2023 |
EFSA (European Food Safety Authority) |
|
7 August 2023 |
EFSA (European Food Safety Authority) |
|
7 August 2023 |
EFSA (European food safety authority) |
|
7 August 2023 |
EFSA (European Food Safety Authority) |
|
7 August 2023 |
EFSA (European Food Safety Authority) |
|
9 August 2023 |
EFSA (European Food Safety Authority) |
|
9 August 2023 |
EFSA (European Food Safety Authority) |
|
10 August 2023 |
EFSA (European Food Safety Authority) |
|
13 September 2023 |
EFSA (European Food Safety Authority) |
Update of the risk assessment of mineral oil hydrocarbons in food |
15 September 2023 |
European Commission |
Publications related to national requirements for ERP
The table below summarises the recent publications regarding national requirements of extended producer responsibility (ERP).
Date |
Country |
Title |
25 July 2023 |
UK |
One year more to discuss the ERP's scheme design |
1 August 2023 |
Netherlands |
Ban on plastic straws, plates, and other single-use plastics New rules will be introduced for disposable plastic cups and food packaging. EPR from 1 January 2023 applies to:
EPR as of 31 December 2024:
|
1 August 2023 |
Netherlands |
Contribute to cleaning up plastic litter |
30 August 2023 |
France |
Opinion relating to the values of the packages used in the formula for calculating the internal costs of an eco-organization is to be taken into account in the calculation of the balancing between holders of approval for household packaging. (Text nº 70) |
16 September 2023 |
France |
Order of 7 September 2023 amending the Order of 12 December 2022 relating to data from extended producer responsibility (EPR) sectors. (Text nº 13). |
21 September 2023 |
UK |
Update to the following guidance related to ERP:
|
Repealed national requirements for toys and childcare products
On 16 June 2023, the following law was published in the Czech Republic:
Act No. 167/2023 which amends Law No. 258/2000 Coll., on the protection of public health and amending certain related laws, as amended, and other related laws.
This Act repealed Decree No. 84/2001 and Decree No. 521/2005 related to hygienic requirements for toys and products for children under three years of age. At this moment, there are no national deviations for this type of product.
It came into effect on 1 July 2023.
Recognition of the CE marking after 2024 in the UK market
On 31 August 2023, guidance about using the UKCA marking was updated by the Department for Business and Trade and the Department for Business, Energy & Industrial Strategy.
The update indicates the extension of the recognition period of the CE marking for placing goods on the market in Great Britain, beyond December 2024 and indefinitely. This update affects the following products and their regulations:
- Toys
- Pyrotechnics
- Recreational craft and personal watercraft
- Simple pressure vessels
- Electromagnetic compatibility
- Non-automatic weighing instruments
- Measuring instruments
- Measuring container bottles
- Lifts
- Equipment for potentially explosive atmospheres (ATEX)
- Radio equipment
- Pressure equipment
- Personal protective equipment (PPE)
- Gas appliances
- Machinery
- Equipment for use outdoors
- Aerosols
- Low voltage electrical equipment
There are different rules for medical devices, construction products, cableways, transportable pressure equipment, unmanned aircraft systems, rail products, marine equipment and ecodesign. The relevant departments covering these sectors either have communicated or will communicate, plans in due course.
Public consultation related to flammable upholstered furniture
On 2 August 2023, the Office for Product Safety and Standards and the Department for Business and Trade opened a public consultation related to the fire safety of domestic upholstered furniture.
They are seeking views on a proposed new approach to the Furniture and Furnishings (Fire) (Safety) Regulations 1988 to maintain and improve fire safety for consumers in their homes while facilitating manufacturing innovation and a reduction in the use of chemical flame retardants.
It is open until 24 October 2023.
For more information, visit the UK Government website here.
CPSC publishes direct final rule for products containing button cell or coin batteries
On 21 September 2023, the U.S. Consumer Product Safety Commission (CPSC) published in the Federal Register the direct final rule (DFR) 16 CFR 1263 that establishes the safety requirements for button cell or coin batteries and consumer products containing such batteries, as mandated by Reese’s Law. The new rule incorporates by reference the voluntary standard, ANSI/UL 4200A-2023, as the mandatory standard for consumer products containing button cell or coin batteries.
The DFR will become effective on 23 October 2023, unless the CPSC receives a significant adverse comment by 5 October 2023. Third-party testing and certification of children’s products subject to the rule will not be required until 20 December 2023. However, in recognition of limited testing availability and for the avoidance of hardship, the CPSC has granted a 180-day transitional period of enforcement discretion from 21 September 2023, through to 19 March 2024.
Also, in the same issue of the Federal Register, the CPSC published a final rule (FR) to establish the requirements for warning labels on the packaging of button cell or coin batteries, which will become effective on 21 September 2024.
Scope: With the adoption of 16 CFR 1263, the scope of the requirements will be consumer products containing or designed to use one or more button cell or coin batteries, regardless of whether such batteries are intended to be replaced by the consumer or are included with the product or sold separately.
A button cell or coin battery is defined as “a single cell battery with a diameter greater than the height of the battery; or any other battery, regardless of the technology used to produce an electrical charge, that is determined by the Commission to pose an ingestion hazard.”
The scope exempts:
- Toy products that are in compliance with the battery accessibility and labelling requirements of 16 CFR 1250; and
- Button cell or coin batteries that the CPSC has determined do not present an ingestion hazard, such as zinc-air buttons cell or coin batteries.
Requirements: Under 16 CFR 1263, ANSI/UL 4200A-2023, Standard for Safety for Products Incorporating Button Batteries or Coin Cell Batteries, will become mandatory.
ANSI/UL 4200A-2023 includes the following:
- Performance Requirements for Battery Compartment Securement;
- Preconditioning requirements;
- Use and abuse tests;
- Packaging requirements; and
- Labelling requirements.
Additionally, 16 CFR 1263 includes warning label requirements for packaging of button cell or coin batteries, including button cell or coin batteries packaged separately with a consumer product.
Sources:
Direct Final Rule: Safety requirements for products containing a button cell or coin batteries.
Final Rule: Warning label requirements for packaging of button cell or coin batteries.
Japan prohibits magnet sets and balls that expand with water
Japan’s Ministry of Economy, Trade and Industry (METI) recently announced a Cabinet Decision on the Cabinet Order for the Partial Revision of the Order for Enforcement of the Consumer Product Safety Act. The Cabinet Order lists the following products in the specified products under the Consumer Product Safety Act and will prohibit the sale of these products that do not comply with the technical requirements under the Act:
- Magnet amusement products (limited to those used as toys or other amusement products with the mutual attraction between magnets, in which the individual magnets or parts using magnets that make one product are not larger than the size specified by the Order of the METI) (for both children and adults).
- Water-absorbing synthetic resin toys (limited to those which contain the part using the synthetic resin that expands by absorbing water with the size before absorbing water being not larger than the size specified by the Order of the METI).
These types of products will not meet the safety requirements under the Act and will be prohibited, effective on 19 June 2023.
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 33 alerts regarding toys, childcare articles and children's equipment products were reported between weeks 35 and 38 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Fancy-dress costume |
|
|
Plastic doll |
|
Fancy-dress costume |
|
|
SpongeBob figures |
|
|
Toy slime |
|
|
|
Fancy-dress costume |
|
|
Soft toy |
|
Plush toy |
|
|
Wooden car track |
|
|
Activity cube |
|
|
Baby self-feeding pillow |
|
|
Backpack |
|
|
Toy truck |
|
|
|
Dart set |
|
Magnetic toy figure |
|
|
|
Toy gun set |
|
|
Electric toy |
|
|
Baby-changing table with pull-out bath |
|
|
Toy scooters |
|
Baby walker |
|
|
Toy gun with projectiles |
|
|
|
Baby sleep bags |
The following 2 alerts regarding miscellaneous products were reported between weeks 35 and 38 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Key chain |
|
|
Cosmetic bag |
The following 5 alerts regarding hobby/sports equipment were reported between weeks 35 and 38 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Gym ball |
|
|
Inflatable swimming float |
|
|
Yoga mat |
|
|
Swim seat |
The following 18 alerts regarding jewellery were reported between weeks 35 and 38 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Brooch |
|
Necklace |
|
|
Bracelet |
|
|
Jewellery set |
|
|
Earrings |
RASFF (European Commission Rapid Alert System for Food and Feed - Alerts reported by EU national authorities)
The following 9 alerts regarding food contact materials related to children's tableware were reported from 21 August 2023 to 20 September 2023.
Product |
Notes |
|
Bamboo Tableware Set |
Unauthorised use of bamboo fibres mixed with plastics in food contact material |
|
Food contact items |
Presence of formaldehyde above the legal limit in materials in contact with food from China |
|
Plate |
Unstable migration of formaldehyde and melamine from plates at homestore and more |
|
Silicone plates |
High content of volatile constituents in silicone plates |
|
Baby bottle teats |
Free volatile organic matter content exceeded on baby bottle teats |
|
Small bowl |
Unstable migration of formaldehyde from melamine bowl stopped |
|
Wheat corn cutlery |
Border rejection of plastic cutlery due to containing the unauthorised substance wheat straw |
|
Food contact materials |
Unacceptable global limits of migration in lunch boxes |
|
Paper straws |
Migration of Isothiazolinone in paper straws |
OPSS issues Product Safety Alerts on the UK market.
The following 4 alerts regarding toys and childcare products were reported between weeks 35 and 38 of 2023.
Type of Risk |
Number of alerts |
Notes |
|
|
Skeleton zombie plush toy |
|
Cricket set |
|
|
|
Boy puppet with accessories |
|
|
Baby teether |
From 31 August 2023 to 21 September 2023, the CPSC (Consumer Product Safety Commission) published the following recalls:
4 recalls regarding toy and childcare products
Hazard |
Number of alerts |
Notes |
|
|
Highchairs |
|
|
Water bead activity kit |
|
|
Infant swings |
|
|
Board Books |
7 recalls of consumer products
Type of Risk |
Number of alerts |
Notes |
|
|
Glass doorknobs |
|
|
Bicycle tires |
|
|
Fire tables |
|
|
Clasp beaded bracelets |
|
|
Mattresses |
|
|
Mattresses |
|
|
Bicycle cranksets |
1 recall of furniture
Type of Risk |
Number of alerts |
Notes |
|
|
Chairs |