Insight Bulletins: 2021
The below Intertek Insight technical bulletins are from 2021
U.S. – November 2021 California Proposition 65 – 60-Day Notices Analysis
In November 2021, there were a total of 257 60-day violation notices served for Prop 65, similar to 254 notices served in October 2021. Many of the notices were for Phthalates, which accounts for 51.4 % of notices issued. Lead, registering at nearly 25%... More…
U.S. – California: OEHHA Proposes Further Modification to Proposition 65 (Prop65) Short Form Warnings
California’s Office of Environmental Health Hazard Assessment (OEHHA) issued proposed amendments to Article 6 Clear and Reasonable Warnings - Short Form. After reviewing a total of 160 written comments and 21 oral comments, during the 60-day public comment period, from January 8 through March 29, 2021... More…
Canada – Minister of Environment Issues Survey on 188 BPA and its Alternative Substances
On November 13, 2021, the Canada Minister of Environment under the Canadian Environmental Protection Act, 1999 (the Act) issued notice in the Canada Gazette Part I to collect information on 188 substances, including Bisphenol A (BPA), BPA structural analogues, and.... More…
EU – Latest List of Harmonised Standards for Toys Published - Nov 2021
On November 16, 2021, the EU Commission published Decision (EU) 2021/1992 to adopt the following four standards as harmonised standards in support of the Toy Safety Directive 2009/48/EC. The following versions of the standards will become effective immediately... More…
Canada – Quebec Proposes to Repeal Upholstered and Stuffed Articles Labeling Regulation
The Quebec government has proposed legislation to repeal the Upholstered and Stuffed Articles Act, which requires labeling for various upholstered and stuffed products offered for sale in the province of Quebec. More…
U.S. – CPSC Publishes Direct Final Rule Adopting New ASTM Standard for Gates and Enclosures
The Consumer Product Safety Commission (CPSC) has published a direct final rule in the Federal Register adopting ASTM F1004-21 as mandatory safety standard for gates and enclosures. This rule is effective on January 2, 2022, unless the CPSC receives a significant adverse comment by October 28, 2021 More…
U.S. – California Passes SB 343 Prohibiting Use of Deceptive Recycling Labels
On October 5, 2021, California’s Governor Newsom signed Senate Bill 343 Truth in Labeling for Recyclable Materials (the bill), prohibiting the use of misleading recycling claims on non-recyclable products and packaging. More…
U.S. – September 2021 California Proposition 65 – 60-Day Notices Analysis
In September 2021, there were a total of 249 60-day notices for violation of Prop 65, down from the 335 notices served in August 2021. The majority of the notices were for lead, accounting for 46% while phthalates had a total of 93 notices... More…
U.S. – August 2021 California Proposition 65 – 60-Day Notices Analysis
In August 2021, there were a total of 335 60-day notices for violation of Prop 65. The majority of the notices were for phthalates, accounting for 45%, while lead had a total of 112 notices, about 21% of the total number of notices. More…
U.S. – July 2021 California Proposition 65 – 60-Day Notices Analysis
In July 2021, there were a total of 253 60-day notices for violation of Prop 65, down from the 318 notices served in June 2021. The majority of the notices were for phthalates, accounting for 39%. There were nearly as many notices related to... More…
U.S. – California Passes Assembly Bill 652 Prohibiting Sale of Juvenile Products Containing PFAS
U.S. – Utah Sterilization Permit Number to be Required on Quilted Clothing Labeling
In the 2016 general legislative session, the state of Utah passed bill HB314 that introduced sterilization requirements for filling materials of animal origin, like wool, shoddy, down and feather. The Utah Department of Agriculture and Food (UDAF) implemented the requirements in the Act by revising the... More…
U.S. – Oregon Issues Temporary Administrative Order for Toxic Free Kids Act
On August 26, 2021, the Oregon Health Authority (OHA) filed a temporary administrative order clarifying the requirements of the Toxic Free Kids Act (TKFA). TFKA requires manufacturers of children’s product sold in Oregon to report when certain children’s products contain a... More…
U.S. – AATCC Publishes Method 212 for Evaluating Fiber Fragment Release During Home Laundering of Textile Products
The American Association of Textiles Chemists and Colorists (AATCC) recently published TM 212 Test Method for Fiber Fragment Release During Home Laundering. This is the first global consensus standard published to assess fiber fragment release during home laundering. More…
EU REACH – New Restriction Published for C9-C14 PFCAs under Entry 68 of Annex XVII to REACH
On 4 Aug 2021, the European Commission Published Commission Regulation (EU) 2021/1297 to amend entry 68 of Annex XVII to REACH (EC) No 1907/2006 to newly restrict perfluorocarboxylic acids containing 9 to 14 carbon atoms in the chain (C9-C14 PFCAs), their salts and their related substances. More…
France – Updated List of Reference Standards of Decree No 91-1292 Concerning Childcare Articles Safety Issued
The Ministry of the Economy, Finance and Recovery of France has updated the list of reference standards of Decree No 91-1292, relating to the prevention of risk resulting from the use of childcare articles, in the Official Journal. More…
U.S. – June 2021 California Proposition 65 – 60-Day Notices Analysis
In June 2021, there were a total of 318 60-day notices for violation of Prop 65, up from the 292 notices served in May 2021. The majority of the notices were for phthalates, accounting for 43%, while lead had a total of 107 notices More…
South Korea – Restriction of Phthalates Under Safety Standard for Children’s Products Expanded
On 19 July 2021, the Korean Ministry of Trade, Industry and Energy (MOTIE) published notice no. 2021-132 to amend the Standard for Common Safety Standard for Children’s Products in order to strengthen the requirement for phthalates in children’s products. More…
U.S. – Maine Passes House Bill 1503 Prohibiting Sale of Products Containing PFAS
Maine recently passed House Bill 1503, which phases in the requirements for notification and prohibition on the sale of products containing intentionally added PFAS substances. More…
U.S. – EPA Proposes TSCA Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances
On June 28, 2021, the U.S. Environmental Protection Agency (EPA) published a notice of proposed rulemaking for reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA) Section 8(a)(7). The proposed rule will require... More…
U.S. – FTC Votes Against Repeal of the Care Labeling Rule
On July 21, 2021, the Federal Trade Commission (FTC) voted unanimously (5-0) to not repeal, as previously proposed, its trade regulation rule on Care Labeling of Textile Wearing Apparel and Certain Piece Goods as Amended (“Care Labeling Rule”). The FTC also informed that it will continue to consider ways to improve the... More…
Canada – Final Formaldehyde Emissions from Composite Wood Products Regulations Published
On July 7, 2021, Health Canada, in collaboration with Environment and Climate Change Canada, published the final Formaldehyde Emissions from Composite Wood Products Regulations: SOR/2021-148 (Regulations) in Canada Gazette Part II. The regulations place limits on the formaldehyde emissions from composite wood products and More…
U.S. – FTC Publishes 16 CFR 323 ‘Made in USA’ Labeling
On July 14, 2021, the U.S. Federal Trade Commission (FTC) published the final rule for ‘Made in USA’ Labeling, 16 CFR 323. The FTC adopted the rule proposed last year with limited modifications. The final rule is effective August 13, 2021. More…
EU REACH – ECHA Announces Addition of 8 SVHCs to Candidate List
The European Chemicals Agency (ECHA) announced the addition of 8 new Substances of Very High Concern (SVHCs) to the Candidate List. The substances are detailed in the insight bulletin for reference. More…
EU – CLP Regulation to Lower Concentration Limits for Certain Boron Compounds Amended
On 28 May 2021, the European Commission has published Commission Delegated Regulation (EU) 2021/849 to amend the CLP Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures. The amendment shall enter into force on 17 June 2021 and apply from 17 December 2022. More…
U.S. – DTSC Adopts Carpets and Rugs with PFASs as Priority Products
On July 1, 2021, the Department of Toxic Substances Control (DTSC) adopted carpets and rugs containing per- or polyfluoroalkyl substances (PFASs) as a Priority Product, based on their finalized regulations. Domestic and foreign carpet and rug manufacturers whose products contain any member of the class of PFASs in their... More…
U.S. – CPSC Amends Final Rule for 16 CFR 1632 Standard for the Flammability of Mattresses and Mattress Pads
The U.S. Consumer Product Safety Commission (CPSC) issued a final rule to amend its Standard for the Flammability of Mattresses and Mattress Pads (16 CFR part 1632). The final rule amends the mattress standard to require a revised Standard Reference Material Cigarette, SRM 1196a, which was developed by the More…
U.S. – Oregon Approves HB3379 Prohibiting Crib Bumpers
On June 8, 2021, Oregon Governor Kate Brown signed into law an amendment to the Oregon Revised Statute, ORS 646A.504, to prohibit the sale and use of crib bumpers in the state. The rule went into effect immediately upon its passage on June 8, 2021. More…
U.S. – May 2021 California Proposition 65 – 60-Day Notices Analysis
In May 2021, there were a total of 292 60-day notices for violation of Prop 65, up from the 156 notices served in April 2021. The majority of the notices were for phthalates, accounting for 43%, while lead had a total of 49 notices More…
U.S. – Nevada Approves Regulations Restricting PFAS and OFRs in Certain Consumer Products
On May 27, 2021, Nevada Governor Sisolak signed amendments to Assembly Bill, AB97, restricting the presence of perfluoroalkyl substances (PFAS) and organohalogen flame retardants (OFRs) in a variety of consumer products. The Nevada bill seeks to reduce the exposure to both these classes of chemicals by... More…
EU – New Requirements on Aniline Approved in Toy Directive
The European Commission has issued Commission Directive (EU) 2021/903 to approve the amendment regarding specific limit values for aniline in certain toys to Toy Directive 2009/48/EC. New requirements on aniline are added in Appendix C to Annex II, as follows... More…
U.S. – Vermont Approves Bill S20 to Restrict Sale of PFAS Chemicals
On May 18, 2021, Vermont Governor Phil Scott signed bill S. 20 into law, which impacts chemicals in a wide range of products and amends the list of chemicals of high concern to children (CHCCs). The bill (S 20) restricts the sale of perfluoroalkyl and polyfluoroalkyl substances (PFASs) in More…
U.S. – CPSC Approves Final Rule for Infant Sleep Products
On June 2, 2021, the U.S. Consumer Product Safety Commission (CPSC), approved a new federal regulation: 16 CFR 1236 Safety Standard for Infant Sleep Products, as part of the rulemaking process required by the Section 104(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA) More…
EU – Latest List of Harmonised Standards for Toys Published
On May 31, 2021, the EU Commission published Decision (EU) 2021/867 to adopt the following three standards as harmonised standards in support of the Toy Safety Directive 2009/48/EC. The following versions of the standards will become effective immediately. More…
EU – Updates to European Toy Safety Requirements for Aluminium and Formaldehyde in Effect
In November 2019, the European Commission published two directives, (EU) 2019/1922 and 2019/1929 (refer to Insight Vol. 1119), to update the European Toys Safety requirements. These updates came into effect respectively on May 20 and May 21, 2021. The first of these relates to... More…
U.S. – CPSC Adopts ASTM F2613-21 for Children’s Folding Chairs and Stools in Direct Final Rule
As part of the rulemaking process required by Section 104(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), the U.S. Consumer Product Safety Commission (CPSC) has approved, by direct final rule, the revised ASTM F2613-21 to be incorporated in the federal regulation... More…
U.S. – April 2021 California Proposition 65 – 60-Day Notices Analysis
In April 2021, there were a total of 156 60-day notices for alleged violation of Prop 65, down from the 300 notices served in March 2021. A total of 62 of the notices were for phthalates, accounting for 40% of all notices. Of the rest, 30% were More…
Canada – Amendments to the Surface Coatings Regulations and Others Proposed
On April 24, 2021, Health Canada published a notice proposing Regulations Amending Certain Regulations Made Under the Canada Consumer Product Safety Act (Surface Coating Materials) to better define the requirements and scope of the Surface Coatings Materials Regulations, SOR/2016-193. Besides the Surface Coatings Materials Regulations, the notice More…
Canada – New Carriages and Strollers Regulations Proposed
Carriages and strollers are wheeled conveyance devices used primarily for the transportation of infants and children. The Canadian Carriages and Strollers Regulations first came into effect in 1985 under the Hazardous Products Act. In 2011, they came into force under the Canada Consumer Product Safety Act and More…
Japan – Restrictions on PFOA and its Salts Approved
On 21 April 2021, the Ministries of Japan published Cabinet Order no. 144 of 2021 to amend the Act on the Evaluation of Chemical Substances and Regulation of their Manufacturer, etc. to regulate perfluorooctanoic acid (PFOA) and its salts and certain PFOA-containing products. More…
EU REACH – Commission Updates 12472:2020 as Harmonised Method
The European Union issued an update to REACH for demonstrating the conformity of articles under entry 27 of Annex XVII. This update changes the harmonised methods which should be used for the assessment of products to comply with the nickel release requirement of... More…
U.S. – March 2021 California Proposition 65 – 60-Day Notices Analysis
In March 2021, there were a total of 300 60-day notices for violation of Prop 65, up from the 296 notices served in February 2021. Majority of the notices were for lead and phthalates, accounting for 34% and 40% of the total notices, respectively More…
UK – BSI Publishes Guidance Document BSI Flex 5555 Version 2.1, April 2021 Community Face Covering – Specification
The British Standards Institution (BSI) has published a third guidance document for community face coverings: BSI Flex 5555 Version 2.1, April 2021 Community Face Coverings — Specification. It is provided free of charge and is available to download via... More…
Results of China Market Textile, Footwear and Bag Spot Checks in March 2021
In March, the Shandong AMR, Jiangxi AMR, Hangzhou AMR and Nanjing AMR announced the results of the special product quality supervision for bedding articles and textiles. This spot check was conducted according to GB 18401-2010 “National general safety technical code for textile products... More…
U.S. – CPSC Adopts ASTM F404-20 for High Chairs in Direct Final Rule
As part of the rulemaking process required by Section 104(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), the U.S. Consumer Product Safety Commission (CPSC) has approved, by Direct Final Rule, the new ASTM F404-20 to be incorporated in... More…
U.S. – CPSC Approves Direct Final Rule to Adopt California Bulletin 117-2013 (TB 117-2013) for Indoor Upholstered Furniture
The U.S. Consumer Product Safety Commission (CPSC) has approved a direct final rule to codify the requirements for the flammability of upholstered furniture for indoor use under the COVID-19 Regulatory Relief and Work From Home Safety Act (the Act) into the Code of Federal Regulations More…
U.S. – February 2021 California Proposition 65 – 60-Day Notices Analysis
The Safe Drinking Water and Toxic Enforcement Act of 1986, commonly referred to as Proposition 65 (Prop 65), is enforced by the California Attorney General’s office or any district attorney or certain city attorneys or by any individual acting in the public interest. More…
U.S. – Oregon Publishes Phase 3 Final Rules of Toxic Free Kids Act
On March 1, 2021, the Oregon Health Authority (OHA) has published the final rule implementing Phase 3 requirements of Oregon’s 2015 Toxic Free Kids Act (TKFA). The Toxic-Free Kids Act requires manufactures of children’s products sold in Oregon to report and ultimately, for certain More…
U.S. – New York Approves PFAS Ban in Food Packaging
In December 2020, New York Governor Cuomo signed into law bill S8817/A4739 prohibiting sale of food packaging products containing intentionally added perfluoroalkyl and perfluoroalkyl substances (PFAS). Perfluoroalkyl substances have a unique property of grease resistance, stain resistance, and oil and water repellency, properties that More…
Belgium – Royal Decree on Metal and Alloy Food Contact Materials Approved
The Federal Public Service of Health, Food Chain Safety and Environment of Belgium has approved a Royal Decree on food contact materials made of metals and alloys. This Decree is already effective. More…