August 2024 - CMA Testing

1. New Hampshire issues a bill restricts the use of PFAS in certain consumer products

On August 6, 2024, the Governor of New Hampshire approved Bill HB 1649, the Bill relative to prohibiting certain products with intentionally added PFAS. The specific requirements are as follows:

Product Scope	Substances	Requirements	Effective date	Exemption
rugs treatments hygiene products and containers products furniture furnishings	PFAS	Prohibited if intentionally added	July 1, 2027	(1) Products made with at least 85 percent recycled content. (2) Products manufactured prior to the ban imposed by this section. (3) Replacement parts for products manufactured prior to the ban imposed by this section

https://legiscan.com/NH/text/HB1649/2024

2. CPSC proposes to revise the requirements for toys containing button cell or coin cell batteries

On August 13, 2024, the US Consumer Product Safety Commission (CPSC) published a notice of proposed rulemaking (NPR). CPSC proposes to address the risk of injury and death associated with children ingesting button cell or coin cell batteries obtained from toys by adding performance and labeling requirements for battery-operated toys containing such batteries. The proposed requirements would provide the highest level of safety feasible, and are consistent with the Commission’s recent Reese’s Law rulemaking and international standards for electronic toys. The Commission also proposes to amend CPSC’s list of notice of requirements (NORs) to include toys containing button cell or coin cell batteries. The public comment period will be open until October 15, 2024.

https://www.federalregister.gov/documents/2024/08/13/2024-17472/safety-standard-for-toys-requirements-for-toys-containing-button-cell-or-coin-cell-batteries

3. Pennsylvania updates ‘Stuffed Toy Manufacturing Act’

On June 28, 2024, the Governor of Pennsylvania approved Bill HB1333, amending the ‘Stuffed Toy Manufacturing Act’ originally passed in 1961, which did did not previously consider the use of recycled materials in stuffed toys. The amendment brings Pennsylvania in line with global stuffed toy requirements, allowing manufacturers and retailers to produce and sell stuffed toys with recycled materials within the state, as they do in the rest of the country.

https://legiscan.com/PA/bill/HB1333/2023

4. EPA proposes to list five chemicals as TSCA High-Priority Substances for risk evaluation

On July 25, 2024, the Environmental Protection Agency (EPA or Agency) published a notice ，under the Toxic Substances Control Act (TSCA) and related implementing regulations, the EPA is proposing to designate acetaldehyde (CASRN 75-07-0), acrylonitrile (CASRN 107-13-1), benzenamine (CASRN 62-53-3), vinyl chloride (CASRN 75-01-4), and 4,4-methylene bis(2-chloroaniline) (MBOCA) (CASRN 101-14-4) as High-Priority Substances for risk evaluation. EPA is providing a 90-day comment period, during which interested persons may submit comments on the proposed designations of these chemicals as High-Priority Substances for risk evaluation.

https://www.federalregister.gov/documents/2024/07/25/2024-16394/proposed-high-priority-substance-designations-under-the-toxic-substances-control-act-tsca-notice-of

5. EU officially confirmed to revise POPs regulation to add restriction of Methoxychlor

On July 22, 2024, the European Commission announced the revised draft of the POPs Regulation (EU) 2019/1021 has been adopted, that determined the restrictions on Methoxychlor will be added to Annex I of the POPs Regulation. The EU Official Journal is expected to publish the revised regulation shortly. The list of POPs Annex I prohibited substances will also be increased from 29 to 30.The concentrations of methoxychlor equal to or below 0,01 mg/kg (0,000001 % by weight) where they are present in substances, mixtures or article.

https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13886-Persistent-organic-pollutants-methoxychlor_en

6. EU proposes to revise POPs regulation to add restriction of UV-328

On July 30, 2024, the European Union released a revised draft act of the POPs Regulation (EU) 2019/1021. This draft act amends Annex I to the Regulation to include 2-(2H-benzotriazol-2-yl)-4,6

ditertpentylphenol (UV-328) plus as a substance subject to certain restrictions. This draft act is open for feedback from Juiy 30 2024 to August 27, 2024. The restriction requirement is: The concentrations of dechlorane plus equal to or below 1 mg/kg (0, 0001 % by weight) where they are present in substances, mixtures or articles.

https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13887-Persistent-organic-pollutants-UV-328_en

7. REACH SVHC adds one new intended substances

On August 6, 2024, ECHA added Barium chromate to the SVHC intended substances list. ECHA plans to initiate a public review of these substances in February 2025. If approved, these substances are expected to be officially added to SVHC in June 2025. At present, there are 12 SVHC intended substances.

https://echa.europa.eu/registry-of-svhc-intentions

8. EU Releases Second Edition of the Technical Guide on Metals and Alloys Used in Food ContactMaterials and Articles for manufacturers and regulators

On August 1, 2024, the European Medicines Agency released the new version of the “Technical Guide on Metals and Alloys Used in Food Contact Materials and Articles” (EDQM), replacing the old version CM/Res (2013) 9. This guide has been widely recognized and is considered a reference standard for the safety and quality of metal materials and products.

This revision is based on Resolution CM/Res (2020)9 and takes into account the scientific opinions issued by the European Food Safety Authority (EFSA) since 2013 and the research results of relevant national risk assessment agencies (such as BfR, ANSES). The main updates include:

Updated element release limits (SRL)

Substance Name	Previous Limit (SRL) mg/kg	New Limit (SRL) mg/kg
Chromium	0.250	1
Manganese	1.8	0.55
Thallium	0.0001	0.001
Zirconium	/	2

2. Updated test conditions referring to the JRC guidelines, aligning with the “Test Conditions for Kitchen Utensils in Contact with Food: Plastics, Metals, Silicone Rubbers, and Rubbers, Paperboard” 4th edition 2023.

3. Removed the declaration of conformity section from the first edition to comply with the guidelines specified in Section 8.2 of Resolution CM/Res(2020)9.

4. Clarified the requirements for determining disposable metal and alloy products: the first migration amount ≤ SRL.

https://freepub.edqm.eu/publications/PUBSD-128/detail?_refluxos=a10

9. New requirements for EU battery and waste battery regulations have come into effect

The batteries and waste batteries regulation (EU) 2023/1542 was published on July 28, 2023. The new regulation provides more comprehensive supervision of the entire battery industry chain, regulates the entire life cycle of batteries from production to reuse and recycling, and has a great impact on battery related enterprises. The new battery regulation stipulates that new requirements such as harmful substances and CE labeling for batteries will come into effect on August 18, 2024.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R1542

10. EU proposes to revise Annex XVII of REACH regulation to add restrictions on N, N dimethylacetamide (DMAC) and N-ethylpyrrolidone (NEP)

On 30 July 30, 2024, the EU submitted to the WTO Circular G/TBT/N/EU/1079 proposing amendments to Annex XVII of REACH Regulation (EC) No 1907/2006 to add restrictions on N,N-dimethylacetamine (DMAC) and N-ethylpyrrolidone (NEP). Specific proposed revisions are as follows:

Substances Name	CAS No	EC No	Update details
N,N- dimethylacetamide	127-19-5	204-826-4	1. Shall not be placed on the market as a substance on its own, as a constituent of other substances, or in mixtures in a concentration equal to or greater than 0,3 % after …[OP, please insert the date: 18 months after the entry into force of this Regulation] unless manufacturers, importers and downstream users have included in the relevant chemical safety reports and safety data sheets, derived no-effect levels (DNELs) relating to exposure of workers of 13 mg/m³for long-term exposure by inhalation and 1,8 mg/kg bw/day for long-term dermal exposure. 2. Shall not be manufactured, or used, as a substance on its own, as a constituent of other substances, or in mixtures in a concentration equal to or greater than 0,3 % after… [OP, please insert the date: 18 months after the entry into force of this Regulation] unless manufacturers and downstream users take the appropriate risk management measures and provide the appropriate operational conditions to ensure that exposure of workers is below the DNELs specified in paragraph 1. 3. By way of derogation from paragraphs 1 and 2, the obligations laid down therein shall apply from …[OP, please insert the date: 48 months after the entry into force of this Regulation] in relation to placing on the market for use, or use, as a solvent in the production of man-made fibres.
1-ethylpyrrolidin-2-one	2687-91-4	220-250-6	1. Shall not be placed on the market as a substance on its own, as a constituent of other substances, or in mixtures in a concentration equal to or greater than 0,3 % after …[OP, please insert the date: 18 months after the entry into force of this Regulation] unless manufacturers, importers and downstream users have included in the relevant chemical safety reports and safety data sheets, derived no-effect levels (DNELs) relating to exposure of workers of 4,0 mg/m³for long-term exposure by inhalation and 2,4 mg/kg bw/day for long-term dermal exposure.、 2. Shall not be manufactured, or used, as a substance on its own, as a constituent of other substances, or in mixtures in a concentration equal to or greater than 0,3 % after [OP, please insert the date: 18 months after the entry into force of this Regulation] unless manufacturers and downstream users take the appropriate risk management measures and provide the appropriate operational conditions to ensure that exposure of workers is below the DNELs specified in paragraph 1

https://members.wto.org/crnattachments/2024/TBT/EEC/24_04902_00_e.pdf

11. Japan – Approved to Expand the Restriction on PFOA, its isomer or their salts and PFOA- related compounds

On July 10, 2024 the Ministries of Japan has published Cabinet Order no. 244 of 2024 to expand the restriction on perfluorooctanoic acid (PFOA) and its salts to PFOA, its isomer or their salts and PFOA-related compounds under the Act on the Evaluation of Chemical Substances and Regulation of their Manufacturer etc.

Designated the following substances as Class 1 Specified Chemical Substances:
Perfluoro alkanoic acid (limited to those with a branched structure and eight carbon atoms) (PFOA isomers) or their salts.
PFOA-related substances (perfluorooctyl iodide (PFOI), 8:2 fluorotelomer alcohol (8:2 FTOH), and substances that degrade to PFOA specified by the Ministry of Health, Labor and Welfare (MHLW), the Ministry of Economy, Trade and Industry (METI), and the Ministry of the Environment.)
Expanded the restriction for “PFOA or its salts” to “PFOA, its isomers, or their salts” under the Entry 34.
Added a new restriction on PFOA-related substances with certain transition period for certain products in Entry 35.
Updated the Entry number for PFHxS to Entry 36.

https://www.meti.go.jp/english/press/2024/0705_002.html

12. The German Federal Institute for Risk Assessment (BfR) updated its recommendations on food contact materials , involve silicone, paper and paperboard, and temperature resistant polymer coating.

On August 1, 2024, the German Federal Institute for Risk Assessment (BfR) 11.updated its recommendations on food contact materials, involve silicone, paper and paperboard and temperature resistant polymer coating, which is effective from the date of publication.

Recommendations No.	Commendation Recommendations
XV	Silicones
XXXVI	Paper and Board for Food Contact
XXXVI/1	Cooking Papers, Hot Filter Papers and Filter Layers
XXXVI/2	Paper and Paperboard for Baking Purposes
LI	Temperature Resistant Polymer Coating Systems for Frying, Cooking and Baking Utensils

https://empfehlungen.bfr.bund.de/recommendations?locale=en

13. China mandatory national standard for electric toys have been officially released

On July 24, 2024, China’s State Administration for Market Regulation (National Standardization Administration) published Announcement (No. 15 of 2024) approving release of 218 national standards and 1 national standard amendment form, including the mandatory standard GB 19865-2024 “Safety of Electric Toys” for electric toys, which will be officially implemented on August 1, 2026.

https://std.sacinfo.org.cn/gnoc/queryInfo?id=238F00654BFECAEC2EA26A1EE83134C0

14. Hong Kong Revises Standards for Toys and Children’s Products！

February 16, 2024, the Hong Kong government published in the Gazette the Toys and Children’s Products Safety Ordinance (Amendment of Schedules 1 and 2) Notice 2024. The Notice seeks to update the safety standards for toys and six classes of children’s products listed in Schedule 2 (Schedule 2 products) under the Toys and Children’s Products Safety Ordinance (Cap. 424).

The six classes of Schedule 2 products are (i) baby walking frames; (ii) bunk beds for domestic use; (iii) child safety barriers for domestic use; (iv) children’s paints; (v) playpens for domestic use; and (vi) wheeled child conveyances.

The Notice will take effect on August 1, 2024.

https://www.legco.gov.hk/yr2024/english/brief/cedbcr08183_20240215-e.pdf

https://www.elegislation.gov.hk/hk/2024/ln17!en

Recall

EU rapid alert system for dangerous non-food products (Rapex)（Report-2024-27- Report-2024-34）:

https://ec.europa.eu/safety-gate-alerts/screen/webReport#weeklyReports

Canada Recall：https://recalls-rappels.canada.ca/en/search/site

Australian Recall：https://www.productsafety.gov.au/recalls

US CPSC Recall：https://www.cpsc.gov/Recalls

Recall case：

Product category	Notification submitted by	Reason for recall
Children’s Two-Piece Pajama Sets	US	The children’s pajama sets violate the federal flammability standards for children’s sleepwear, posing a burn hazard to children.
Children’s Long-Sleeve/Pants Two-Piece Pajama Sets	US	The recalled children’s pajama sets violate the flammability standards for children’s sleepwear, posing a risk of burn injuries to children.
Children’s Lace Nightgowns	US	The children’s nightgowns violate the federal flammability standards for children’s sleepwear, posing a risk of burn injuries to children.
Children’s Button-up Short-Sleeve/Shorts Two-Piece Pajama Sets	US	The recalled children’s pajama sets violate the flammability standards for children’s sleepwear, posing a risk of burn injuries to children.
Halloween Witch Hats	US Canada	The hats violate federal flammability requirements, posing a risk of burn injuries to consumers.
Victor Electric Folding Soft Bullet Toy Guns	US	The recalled toy guns fail to meet federal safety standards, as they do not have a blaze orange tip that is required by the mandatory toy standard to differentiate toy guns from real guns, and the projectiles pose an eye injury hazard to children because they do not meet the requirements in the mandatory toy standard for projectile toys.
LED Light-up Jelly Ring Toys	US	The recalled light-up jelly ring toys violate the mandatory federal battery-operated toy regulation because the rings contain button cell batteries that fit within CPSC’s small parts cylinder, and can be easily accessed without requiring the use of a common household tool. When button cell batteries are swallowed, the ingested batteries can cause serious injuries, internal chemical burns and death, posing an ingestion hazard to children.
Brilliant Bee Rattles	US	The wooden base can detach from the wooden rod and release the three plastic rings, posing a choking hazard to young children.
Puzzle mat A12/01713/24	Slovakia	The toy has small parts that can easily detach (window of the plane with propeller, rear part of horizontal tail surface and front part from sport plane). A small child may put them in the mouth and choke. The product does not comply with the requirements of the Toy Safety Directive nor with the European standard EN 71-1.
Children’s clothing set A12/01838/24	Hungary	Children’ clothing set consisting of a long-sleeve white T-shirt, a long-sleeved pink T-shirt and blue trousers. The product is decorated with swans, beads and sequins. The product does not comply with the requirements of the General Product Safety
Children’s dress A12/01835/24	Hungary	The small decorative elements (beads) can easily be detached from the product. Small children may put them in the mouth and choke. The product does not comply with the requirements of the General Product Safety Directive.
Children’s shoes A12/01877/24	Hungary	The small decorative elements (four-leaf clovers) can easily be detached from the product. A small child may put them in the mouth and choke. The product does not comply with the requirements of the General Product Safety Directive.
Toy rattle A12/01828/24	Germany	The small wooden balls of the rattle can easily detach. A child may put them in the mouth and choke. The product does not comply with the requirements of the Toy Safety Directive nor with the European standard EN 71-1.
Plastic toy set A12/01813/24	Romania	Due to their characteristic appearance, form, colour and size, the product may be mistaken for foodstuff. This may lead children to put them in the mouth and ingest them. The product does not comply with the requirements of the Food Imitating Directive and the Toy Safety Directive, nor with the European standard EN 71-1.
Modelling clay A12/01800/24	Latvia	The migration of boron from the modelling clay is too high (measured value: up to 1793 mg/kg). Ingestion or contact with an excessive quantity of boron may harm the health of children by damaging their reproductive system. The product does not comply with the requirements of the Toy Safety Directive nor with the European standard EN 71-3.
Toy slime A12/01947/24	Germany	The migration of boron from the toy slime is too high (measured value: 1450 mg/kg). Ingestion or contact with an excessive quantity of boron may harm the health of children by damaging their reproductive system. The product does not comply with the requirements of the Toy Safety Directive nor with the European standard EN 71-3.
Toy slime A12/01943/24	Germany	The migration of boron from the toy slime is too high (measured value: 1710 mg/kg). Ingestion or contact with an excessive quantity of boron may harm the health of children by damaging their reproductive system. The product does not comply with the requirements of the Toy Safety Directive nor with the European standard EN 71-3.
Toy slime A12/01944/24	Germany	The migration of boron from the toy slime is too high (measured value: 960 mg/kg). Ingestion or contact with an excessive quantity of boron may harm the health of children by damaging their reproductive system. The product does not comply with the requirements of the Toy Safety Directive nor with the European standard EN 71-3.
Toy slime A12/01946/24	Germany	The migration of boron from the toy slime is too high (measured value: 997 mg/kg). Ingestion or contact with an excessive quantity of boron may harm the health of children by damaging their reproductive system. The product does not comply with the requirements of the Toy Safety Directive nor with the European standard EN 71-3
Bath toy A12/01951/24	France	The toy releases an excessive amount of bisphenol A (measured value: 0.051 mg/l). Bisphenol A has endocrine disrupting properties and affects the mammary glands, reproductive and immune systems and may impair brain’s development and the behaviour. The product does not comply with the requirements of the Toy Safety Directive.
Soft toy A12/01958/24	France	The eyes of the toy pig have an excessive concentration of bis(2-ethylhexyl) phthalate (DEHP) (measured values up to 20.6% by weight. These phthalates may harm the health of children, causing possible damage to their reproductive system. The product does not comply with the REACH Regulation.
Soft toy A11/00083/24	Poland	The fibrous stuffing material of the toy is easily accessible due to the zipper. A small child may put the filling material in the mouth and choke. The product does not comply with the requirements of the Toy Safety Directive nor with the European standard EN 71-1.
手指颜料材料包A12/01959/24	France	The painting kit has small parts (the foam parts of the inkers) than can easily detach. Small children may put them in the mouth and choke. Moreover, the product has an excessive concentration of a mixture of the preservatives methylchloroisothiazolinone and methylisothiazolinone (MCI/MI) (measured values: 0.00008 % and 0.00011%). MCI and MI cause severe skin burns. Additionally, the plastic bag of the packaging is too thin. If a child plays with it, the plastic can cover the mouth and nose, causing the child to suffocate. The product does not comply with the requirements of the Toy Safety Directive nor with the European standards EN 71-1 and EN 71-7.
Flip flops A12/01876/24	Finland	The plastic material of the straps contains an excessive amount of dibutyl phthalate (DBP) (measured value: 35% by weight). DBP may harm the health by causing possible damage to the reproductive system. The product does not comply with the REACH Regulation.
Slippers A12/01948/24	France	The plastic material of the product has an excessive concentration dibutyl phthalate (DBP) (measured value: 2,9 % by weight). This phthalate may harm the health by causing possible damage to the reproductive system. The product does not comply with the REACH Regulation.

The U.S. Consumer Product Safety Commission (CPSC) is introducing an electronic filing (eFiling) system for the compliance certificate submission process for consumer products during importation. It is anticipated to be officially enforced and will become a mandatory requirement by 2025. The system enhances security, speeds compliant cargo flow through the port, and reduces the risk of shipping delays, as well as modernizes the import process, making it easier for importers to comply with safety regulations while protecting consumers from unsafe products.

CMA Testing will provide professional advice to assist U.S. importers complete electronic filing (eFiling) of compliance certificates for products more simply and smoothly.

For enquiries: Mr. Joey Kwok (+852) 2690 8255 / (+852) 6059 9644 | joeykwok@cmatesting.org

Source: https://www.cpsc.gov/eFiling

On 10 Jul 2024, the Ministries of Japan has published Cabinet Order no. 244 of 2024 to expand the restriction on perfluorooctanoic acid (PFOA) and its salts to PFOA, its isomer or their salts and PFOA-related compounds under the Act on the Evaluation of Chemical Substances and Regulation of their Manufacturer etc.

The Cabinet Order No. 244 contains several important provisions.

1. Designated the following substances as Class 1 Specified Chemical Substances:

Perfluoro alkanoic acid (limited to those with a branched structure and eight carbon atoms) (PFOA isomers) or their salts.
PFOA-related substances (perfluorooctyl iodide (PFOI), 8:2 fluorotelomer alcohol (8:2 FTOH), and substances that degrade to PFOA specified by the Ministry of Health, Labor and Welfare (MHLW), the Ministry of Economy, Trade and Industry (METI), and the Ministry of the Environment.)

2. Expanded the restriction for “PFOA or its salts” to “PFOA, its isomers, or their salts” under the Entry 34.

3. Added a new restriction on PFOA-related substances with certaintransition period for certain products in Entry 35.

4. Updated the Entry number for PFHxS to Entry 36.

The following designated products containing substances designated as Class 1 are prohibited from import:

Entry	Substances	Products	Effective Date
34	PFOA, its isomers, or their salts	1. Water resistant and oil resistant paper 2. Water repellent and oil repellent textiles 3. Cleaning agent 4. Anti-reflection agents used in the manufacturer of semiconductors 5. Paints and varnish 6. Water and oil repellent agent 7. Adhesives and sealing fillers 8. Fire extinguisher, fire-extinguishing agent, and fire-extinguishing foam 9. Toner for printer 10. Water resistant and oil resistant clothes 11. Water repellent and oil repellent floor covering 12. Floor waxes 13. Photographic paper	For PFOA or their salts: Effected in 2021 For PFOA isomers: 10 Sep 2024
35	PFOA-related substances	1. Water repellent and oil repellent textiles 2. Antifoaming agents 3. Water-repellent, oil-repellent, and antifouling agents and fiber protecting agents 4. Optical fibers or coating agents applied to optical fiber 5. Fire extinguisher, fire-extinguishing agent, and fire-extinguishing foam 6. Water resistant and oil resistant clothes 7. Water repellent and oil repellent floor covering 8. Floor waxes	10 Jan 2025

Source: https://www.meti.go.jp/english/press/2024/0705_002.html

On August 1, 2024, the European Medicines Agency released the new version of the “Technical Guide on Metals and Alloys Used in Food Contact Materials and Articles” (EDQM), replacing the old version CM/Res (2013) 9. This guide has been widely recognized and is considered a reference standard for the safety and quality of metal materials and products.

The new technical guide supplements the European Commission’s Resolution CM/Res (2020) 9 on the safety and quality of materials and articles intended to come into contact with food, aiming to ensure the safety and quality of food contact materials and articles made of metals and alloys. The guide describes in detail the chemical elements that may be present as impurities in metal food contact products and sets specific release limits (SRL) for these elements.

This revision is based on Resolution CM/Res (2020)9 and takes into account the scientific opinions issued by the European Food Safety Authority (EFSA) since 2013 and the research results of relevant national risk assessment agencies (such as BfR, ANSES). The main updates include:

1. Updated element release limits (SRL)

Substance Name	Previous Limit (SRL) mg/kg	New Limit (SRL) mg/kg
Chromium	0.250	1
Manganese	1.8	0.55
Thallium	0.0001	0.001
Zirconium	/	2

2. Updated test conditions referring to the JRC guidelines, aligning with the “Test Conditions for Kitchen Utensils in Contact with Food: Plastics, Metals, Silicone and Rubbers, Paper&Board” 4th edition 2023.