Compliance Update Q1 2012

|Compliance Update: Q1 2012

ComplianceUpdateQ1 2012

Presented by Stacey Bowers, MILS4 April 2012

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|Compliance Update: Q1 2012 3

Chemicals of high concernWashington State's Department of Ecology adopted the Children's Safe Product Act Reporting Rule

Ecology and the Department of Health developed a list of Reporting List of Chemicals of High Concern to Children

Beginning in August 2012, manufacturers of children's products must report to Ecology if their products contain these chemicals


AAFA RSLAAFA released the 10th edition of its Restricted Substances List (RSL) in March 2012

The new edition addressed:

•practical quantification limits (PQLs) per Washington Children's Safe Product Act•cadmium restrictions per Switzerland’s ORRChim•new lead limits per the US CPSIA


Chemicals in children’s productsThus far, in 2012, 7 states have proposed bills to restrictchemicals in children's products:

• Connecticut• Illinois• Maryland• Minnesota• New York State• Oregon• Washington State


Chemicals of concernIn October 2011, California's DTSC issued a new draft of its Safer Consumer Products Regulations

The draft establishes a list of chemicals of concern, among other requirements

DTSC hosted a public workshop on the draft Regulations in December 2011

The draft Regulations have still not been enacted


Chemicals of concernThe Canadian Parliament is considering Bill C-408

The bill would require a warning label for any product thatcontains or produces a toxic substance when used

The bill defines toxic substances as per:

•substances identified in the IARC Monographs on the Evaluation of Carcinogenic Risks to Humans;•substances identified as carcinogenic, mutagenic, or toxic to development or reproduction, or classified as endocrine disrupting by:

• the ECHA,• any EU Directive or Regulation,• California’s Governor or OEHHA,• the US NTP list of carcinogens,• the US EPA, or• Health Canada or Environment Canada


BPA in food contactBPA is restricted in several cities, counties and states:

•Chicago, Illinois

•Albany County, New York•Multnomah County, Oregon•Rockland County, New York•Schenectady County,•New York•Suffolk County, New York

• California• Connecticut• Delaware• Maine• Maryland• Massachusetts• Minnesota• New York• Vermont• Washington, DC• Washington State• Wisconsin


BPA in food contactIn April 2012, the US FDA rejected an NRDC petition toban BPA in food contact articles

• FDA stated, “…[T]his is not a final safety determination on BPA”

In 2012, several states have proposed bills to ban BPA:• Arizona• Colorado• Hawaii• Kentucky• Massachusetts

The Belgian Senate and France’s ANSES are alsoconsidering bans on BPA in food contact materials andarticles for children under the age of 3

• New Hampshire• New York• South Dakota• West Virginia


Heavy metals in jewelryRhode Island has proposed S 2482, Comprehensive Children's Jewelry Safety Act•The Act would require children's jewelry to comply with ASTM F2923

Michigan Network for Children's Environmental Health and the Ecology Center tested adult and children’s jewelry:•59% of the products had high levels of at least one toxic chemical;•10% contained greater than 100 ppm cadmium; •93% contained greater than 100 ppm chromium;•27% contained greater than 300 ppm lead

The European Commission proposed a restriction on leadin children’s jewelry•The proposal would limit lead to 0.05% by weight, unless the rate of lead release is less than 0.05 μg/cm²/hr


Heavy metals in toysThe EC established lower migration limits for cadmium intoys per Directive 2012/7/EU•The new reduced limits come into force on 20 July 2013

The EC is considering lower migration limits for lead intoys•The public comment period ended 7 March 2012

The EC permitted Germany to maintain its lower limits forlead, barium, and nitrosamines and nitrosatablesubstances in toys, per Decision 2012/160/EU•The lead and barium limits are approved until the EU approves new lead limits or 21 July 2013, whichever is first


8 new banned substances per REACHIn February, the EU published Regulation (EU)No 125/2012 to include 8 additional substances ECHACandidate List to Annex XIV of REACH

These 8 substances will be banned from 2015, unless anauthorization is granted to individual companies for theiruse

These requirements apply regardless of the tonnageat which the substance is placed on the market or used

With the addition of these 8 substances, Annex XIV nowcontains 14 substances


Proposed SVHCs per REACHIn Q4 2011 and Q1 2012, ECHA has recommended anumber of SVHCs be added to Annex XIV of REACH,including:

• DIBP, DBP, BBP, and DEHP;• DMFu;• lead and its compounds;• mercury; and• phenylmercury compounds

If included in Annex XIV, these substances will be bannedfrom use within the next 3-5 years, unless anauthorization is granted to individual companies for theiruse


Phthalates in skin contact articlesIn January, Denmark proposed a restriction of 4phthalates – DEHP, BBP, DBP and DIBP – in indoorarticles and articles that come in contact with skin ormucous membranes per REACH:

• Proposed limits are 1000 mg/kg of one or more of these 4 phthalates• The comment period ended 16 March 2012


PoHSIn December 2011, the NorwegianPollution Control Authority notifiedthe WTO of a proposed amendmentto its Product Control Act

The amendment – the Prohibition on Certain HazardousSubstances in Consumer Products – would prohibit lead,PCP, PFOA, and MCCP in nearly all consumer products

If enacted, the ban would enter into force on 1 July 2012


ORRChimSwitzerland has proposed an amendment to its Chemical Risk Reduction Ordinance, commonly called ORRChim

The amendment would align the Ordinance with REACH

The proposal would establish Swiss restrictions on:

• brominated flame retardants, • cadmium, • cyclohexane and • organotin compounds


Phthalates & organotin compoundsKorea’s MoE proposed to restrict DNOP, DINP, NP,chloroethylene and organotin compounds in children’sProducts

The proposal would limit these chemicals in children’sproducts, including bottles and toys, as well as inchildren’s environments, such as day care centers andplaygrounds


ASTM F963 is updatedASTM F963:2011 was published inDecember 2011

The revision includes:•clarification on plastic packaging film;•revisions to heavy metals limits, in harmony with 16 CFR 1303 and EN 71-3;•new compositing testing for total digestion; and•guidance on alternative tests, such as XRF testing

In February, the US CPSC voted to accept the revisions toASTM F963:2011

The 2011 edition will become mandatory on 12 June 2012


Guidance on the NTSDIn January, the EC published 3 guidance documents onthe New Toy Safety Directive (2009/48/EC)

The revised Toy Safety DirectiveExplanatory Guidance Documentprovides clarification regarding:•the NTSD and REACH;•better wording for warnings;•the wording of Doc;•visibility requirements

The other 2 documents relate to:•sports equipment versus toys•writing instruments and stationary items


Proposed toy requirements in Switzerland

Switzerland’s BAFU proposed revisions of its Ordinanceon Toy Safety (RS 817.044.1) and the Ordinance onFoodstuffs and Utility Articles (RS 817.02)

The revisions would implement the EU's NTSD, including:

•obligations of manufacturers, importers and distributors;•safety requirements for toys;•warning requirements; and•traceability


Unsafe products in the CaribbeanIn March, CARICOM launched an online system forconsumers to alert authorities on unsafe products

The service – the CARICOM Rapid Exchange System forDangerous non-food Consumer Goods, or CARREX –covers non-food consumer products, including electricalproducts and toys

National Contact Points were created in Antigua andBarbuda, Barbados, Belize, Dominica, Grenada, Guyana,Haiti, Jamaica, Montserrat, St. Kitts and Nevis, St. Lucia,St. Vincent and the Grenadines, Suriname, and Trinidadand Tobago


Global toy symbolsSpain's AIJU proposed a free, universal iconography forthe global toy industry

The system is comprised of a universal set of 15-20 iconsfor issues such as:

•age-grading,•technical aspects (e.g., sound, use of batteries, etc.),•educational features, and•a toy’s fit for children with special needs

The system is designed to improve consumer understanding and to simplify the labeling process formanufacturers


Amended toy requirements in KoreaKorea's KATS revised its criteria for toys subject toself-regulatory confirmation per the Quality Managementand Safety Control of Industrial Products Act

The amendment:•reflects new versions of ISO 8124-1 through -4;•adds new requirements for chemical experiment sets, chemical toys and finger paints; and•adds requirements for charge indicator LEDs for electric toys

These new requirements take effect 1 January 2013


New apparel requirements in EgyptEgypt's MFTI issued a newMinisterial Decree, 626/2011

Per the Decree, apparel must comply with restrictions onchemicals such as azo dyes, formaldehyde and flameretardants

Imported apparel must be labeled with fiber composition,care instructions, country of origin, manufactureridentification and product identification

These requirements took effect 1 April 2012


Proposed apparel requirements in Indonesia

Indonesia’s Minister of Industry and Trade proposed adecree to on baby and children’s clothing

The decree would require such clothing to comply with SNI 7617, which establishes:•restrictions on azo dyes,•restrictions on formaldehyde,•labeling requirements, and•testing requirements

Baby and children’s clothing would be required to bearthe SNI Mark

|Compliance Update: Q1 2012

Thank You!

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Compliance Update Q1 2012

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