Canada Amends Certain Regulations Made Under the Canada Consumer Product Safety Act (Surface Coating Materials)

Vol. 1312 | June 28, 2022

On June 22, 2022, Health Canada published final regulations amending the Canada Consumer Product Safety Act (Surface Coating Materials)-SOR/2022-122 in the Canada Gazette Part II. The Regulations amend the Surface Coating Materials Regulations and four other regulations: Toys Regulations; the Cribs, Cradles and Bassinets Regulations; the Expansion Gates and Expandable Enclosures Regulations; and the Playpens Regulations) under the Canada Consumer Product Safety Act (CCPSA) that set requirements for applied coating materials. The amendments:

  • Expand the meaning of a surface coating material to include surface coating materials that do not “dry” on application, such as powder coatings that are applied electrostatically;
  • Expand the application for other decorative coating materials that may be applied to products during manufacture to include materials such as stickers or films;
  • Expand the 90 mg/kg total lead limit for applied coating materials to all furniture, not only just children’s furniture;
  • Limit the restrictions to parts of products that are accessible;
  • Remove outdated test method for soluble heavy metals; and
  • Ensure consistency across CCPSA regulations.

These amendments will become effective on December 19, 2022, 180 days after being published in the Canada Gazette Part II.

Following is a summary of the amendments to the Surface Coating Materials Regulations:

Regulation

Section

Previous version

Current version with amendment(s)

Surface Coating Materials Regulations

Section 1

Definition of surface coating material included the term “Dries to a solid film.”

Definition of surface coating material includes the term “Forms a solid film.”

N/A

It has been clarified that solid film is one that can be removed from the surface by means of scraping or by using solvents.

The definition for accessible part is now aligned with the Consumer Products Containing Lead Regulations: “any part of a product that may be touched, licked, mouthed or swallowed during the reasonably foreseeable use of the product.”

Section 6

 

There are limits for the requirement for total lead content to coatings applied to accessible parts of the products listed.

N/A

Coating material applied to a product is described as a surface coating material (per Section 1) as well as a sticker, film or other comparable material (such as a decal) that can be removed from the surface;

The category of furniture is added to the list of products in this section (a regulatory definition was not added since the common meaning of furniture applies.)

It is specified that testing needs to be done in accordance with a method that conforms to good laboratory practices as defined in Section 1.

Following is a summary of the amendments to the Toys Regulations, the Cribs, Cradles and Bassinets Regulations, the Expansion Gates and Expandable Enclosures Regulations and the Playpens Regulations, to make requirements for applied coating materials consistent with the Surface Coating Materials Regulations:

Regulation

Section

Previous version

Current version with amendment(s)

Toy Regulations

Expansion Gates and Expandable Enclosures Regulations

Section 1

N/A

Adds definition of good laboratory practices (GLP) that is aligned with the definition in the Surface Coating Materials Regulations.

Toy Regulations

 

Section 23

Included outdated hydrochloric acid test parameters for measuring the migration of any compound of antimony, arsenic, cadmium, selenium or barium

  • Identify that a surface coating material and an accessible part have the same meaning as referenced in Section 1 of the Surface Coating Materials Regulations.
  • Clarify that a coating material applied to a product would mean a surface coating material as well as a sticker, film or other comparable material (such as a decal) that can be removed from the surface.
  • Limit the requirements for total lead and mercury content and for the migration of any compound of antimony, arsenic, cadmium, selenium, or barium to coating materials applied to accessible parts of the products.
  • Require testing to be done in accordance with a method that conforms to good laboratory practices as specified in Section 1; and
  • Omit the outdated hydrochloric acid test parameters specified for measuring the migration of any compound of antimony, arsenic, cadmium, selenium or barium, and gear the industry for testing with methods that they commonly use in the US, EU markets or other jurisdictions, for example the methods set out in ASTM F963, Standard Consumer Safety Specification for Toy Safety; in EN 71-3, Safety of toys – Part 3: Migration of certain elements; and in ISO 8124-3, Safety of toys — Part 3: Migration of certain elements

Cribs, Cradles and Bassinets Regulations

Section 3

Expansion Gates and Expandable Enclosures Regulations

Section 2

Playpens Regulations

Section 3

The following housekeeping amendments are also included in the Regulations:

Regulation

Section

Previous version

Current version with amendment(s)

Surface Coating Materials Regulation

Section 5

Contained a typographical error with the phrase “more that 10 mg/kg total mercury.”

Replaced with the phrase “more than 10 mg/kg total mercury.”

Toy Regulations

 

Section 23

  • Total mercury limit was 0 mg/kg.
  • Migration limit for antimony, arsenic, cadmium, selenium and barium was 0.1% weight/weight equivalent.
  • Total mercury limit has been changed to a technically feasible level of 10 mg/kg, which considers the naturally occurring background mercury levels. This limit is appropriately protective of human health.
  • Migration limit for antimony, arsenic, cadmium, selenium and barium is 1000mg/kg to make it consistent with the units of measure for total lead (90mg/kg) and total mercury (10 mg/kg)

Cribs, Cradles and Bassinets Regulations

Section 3

Expansion Gates and Expandable Enclosures Regulations

Section 2

Playpens Regulations

Section 3

The Regulations can be viewed at: https://www.gazette.gc.ca/rp-pr/p2/2022/2022-06-22/html/sor-dors122-eng.html.

For questions, please contact Harini Ramaswamy (harini.ramaswamy@intertek.com, +1 224-318-0220), or Dr. Pratik Ichhaporia (pratik.ichhaporia@intertek.com, +1 847 212 8273).

 

 

Related topics: 2022 | Apparel and Accessories | Footwear | Housewares and Furniture | Soft Home Furnishings | Toys and Childrens Products