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TÜV SÜD | Vol. 57, August 2012

Consumer Products | Regulatory updates essential to your operations

ALERTS

Electrical & electronics, Hardlines, Softlines, Toys & children’s products

CPSC stops 6,600 unsafe products at ports in the second quarter of 2012

In the first half of 2012, Consumer Product Safety Commission (CPSC) has screened more than 6,600 imported products at ports of entry and prevented more than 1 million units of violative or dangerous products from reaching consumers.

On 23 July 2012, CPSC published the latest port surveillance news in the second quarter of 2012. Working in conjunction with US Customs and Border Protection (CPB) agents, CPSC reported that 319 different consumer products were found to be hazardous or were in violation of federal rules. More than 360,000 unsafe units were successfully prevented entry into U.S. market.

Children’s products containing lead limit exceeding the federal limits were on the top of the list of seized products. This was also the leading category of products denied of entry in the first quarter. Toys with small parts that could present as a choking hazard to young children, and toys and childcare articles with banned phthalates were also on the list. Moreover, children’s sleepwear and mattresses that did not meet the federal flammability standards were the other significant shipments halted at the point of import. In addition to violative toys and other children products, items stopped at import included defective and dangerous hair dryers, lamps and holiday lights. The seized products mainly originated in China, with small amounts of products originating in Europe.

Data of CPSC import stoppage report in second quarter of 2012 were summarized in following charts.

Refer to the CPSC Press Release on Port Surveillance News: http://www.cpsc.gov/cpscpub/prerel/prhtml12/12231.html

9%

6%

11%

12%

59%

3%

Children’s products: Total units seized – 310,084 (84%)

Lead content/certification

Sleepwears

Small Parts

Phthalates

Certification

Others

10%

5%

13%

29%

40%

3%

Non – children’s products: Total units seized – 57,613 (16%)

Fireworks

Mattresses

Hair Dryers

Water Balls

Luminaries

Others

E-ssentials

TÜV SÜD E-ssent ialsVol. 57, August 2012

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Table A: Proposed revision of azo dyes testing methods

Reference and title of the harmonised standard Reference of the superseded standard

EN ISO 17234-1:2010 Leather - Chemical tests for the determination of certain azocolourants in dyed leathers - Part 1: Determination of certain aromatic amines derived from azocolourants

CEN ISO/TS 17234:2003

EN ISO 17234-2:2011 Leather - Chemical tests for the determination of certain azocolourants in dyed leathers - Part 2: Determination of 4-aminoazobenzene

CEN ISO/TS 17234:2003

EN 14362-1:2012 Textiles - Methods for determination of certain aromatic amines derived from azocolourants - Part 1:Detection of the use of certain azocolorants accessible with and without extracting the fibres

EN 14362-1:2003

EN 14362-2:2003

Update of Entries in Annex XVIIThe amendment may affect up to 10 entries in Annex XVII. A list of changes is now summarized in Table B. Most of the entries apply to substances and mixtures and Table C shows the current scope of restric-tion as a quick reference. Among the updates, the entry of SCCPs may be deleted. This chemical is recently included in the Persistent Organic

Pollutants (POPs) Regulation (EC) No 850/2004. As there may be legal uncertainty for the same substance being restricted by both Regula-tions, the entry of SCCPs in REACH Annex XVII should be removed. For the details of restriction of SCCPs, please refer to TÜV SÜD Consumer Products E-ssentials Volume 554.

On 16 July 2012, the World Trade Organisation (WTO) received a draft regulation1 from the European Commission (EC) on amending various entries in Annex XVII and the Appendices of REACH Regulation2. This amendment intends to update the official testing methods of azo dyes, edit details of various restrictions in Annex XVII as well as delete the entry of short-chain chlorinated paraffins (SCCPs). The proposal is expected to enter into force in the first quarter of 20133.

Revision of azo dyes testing methodsAccording to REACH Annex XVII entry 43, textile and leather articles which may come into direct and prolonged contact with the skin should not contain aromatic amines in concentration above 30 mg/kg. In order to demonstrate the conformity, three testing methods are listed in Appendix 10 of REACH Regulation. Table A shows the proposed revision of azo dyes testing method in the Appendix. Currently, the superseded standards are still used to demonstrate the conformity until this amendment enters into force.

Table B. Changes in the Entries of Annex XVII

Substances Entry No.Amendment

Subject Action

Asbestos fibres 6 Mixtures containing asbestos fibres added intentionally Prohibited

Lead carbonates and

Lead sulphates16, 17

The paint containing these chemicals that intended to restoration and maintenance of works of art and historic building and their interiors

Member states can grant the exemption for these products placing on the market. However, the Member states should inform the EC for this action

Substances listed in Appendices 1-6 of REACH which are either carcinogenic, mutagenic or toxic to reproduction

28, 29, 30 Concentration of these substances that triggers classification

If the specific concentration is not found in Part 3 of Annex VI to the CLP Regulation (EC) No 1272/2008, the relevant concentration specific in Directive 1999/45/EC should be used

Substances which are flammable, highly flammable and extremely flammable 40 Clarification of the Regulation The Regulation is specified as the CLP Regulation (EC)

No 1272/2008

Electrical & electronics, Food, health & beauty, Hardlines, Softlines, Toys & children’s products

Testing methods of Azo Dyes of REACH Annex XVII and other Restrictions soon amend

Continued on next page >>

DISCLAIMER

All reasonable measures have been taken to ensure the quality, reliability, and accuracy of the information in this newsletter. However, TÜV SÜD is not responsible for the third party content contained in this newsletter. TÜV SÜD makes no warranties or representations, expressed or implied, as to the accuracy or completeness of information contained in this newsletter.This newsletter is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject (s). Accordingly, the information in this newsletter is not intended to constitute consulting or professional advice or services. If you are seeking advice on any matters relating to information in this newsletter, you should – where appropriate – contact us directly with your specific query or seek advice from qualified professional people. The information contained in this newsletter may not be copied, quoted or referred to in any other publication or materials without the prior written consent of TÜV SÜD. All rights reserved © 2012 TÜV SÜD Asia Pacific Pte Ltd.

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Vol. 57, August 2012

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TÜV SÜD E-ssent ials

1 The draft amendment of REACH Annex XVII: http://members.wto.org/crnattachments/2012/tbt/EEC/12_2717_00_e.pdf2 Consolidated version of REACH legal text: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2006R1907:20120601:EN:PDF3 The WTO notification for the amendment (G/TBT/N/EU/51): http://ec.europa.eu/enterprise/tbt/index.cfm?fuseaction=Search.getNotif&Country_ID=EU&num=51&dspLang=en&nextpage=1&basdatedeb=&basdatefin=&baspays=&baspays2=EU&basnotifnum=51&basnotifnum2=&bastypepays=ANY&baskeywords=&fromform=viewBasic&lang_id=EN&addendum_num=0&corrigendum_num=0&supplement_num=0&revision_num=04 TÜV SÜD Consumer Products E-ssentials Volume 55: https://www.tuv-sud.in/APMKT/pdffile/Consumer_Products_E-ssentials_v55_08-2012.PDF

Substances Index No EC No CAS No

1,2-benzenedicarboxylic acid, dipentylester, branched and linear [1] n-pentylisopentylphthalate [2] di-n-pentyl phthalate [3] Diisopentylphthalate [4] 607-426-00-1

284-032-2 [1]-[2] 205-017-9 [3] 210-088-4 [4]

84777-06-0 [1]-[2] 131-18-0 [3] 605-50-5 [4]

>> Continued from previous page

Changes in the Appendices of REACH There are also some changes to the Appendices of REACH involving some references and information of chemicals1. In Appendix 4, the reference to notes E, H and S may be deleted

2. In Appendix 6, the row for the entry concerning 1,2-benzenedicarbox-ylic acid, dipentylester, branched and linear n-pentyl-isopentylphthal-ate, di-n-pentyl phthalate, diisopentylphthalate may be replaced by the following:

Table C. Current scope of restrictions for the entries to be amended

Substances Entry No.Restriction applies to

Substances Mixtures Articles

Asbestos fibres 6

Lead carbonates and Lead sulphates 16, 17

Substances listed in Appendices 1-6 of REACH which are either carcinogenic, mutagenic or toxic to reproduction 28, 29, 30

Substances which are flammable, highly flammable and extremely flammable 40

Alkanes, C10-C13 , chloro (short-chain chlorinated paraffins) (SCCPs) 42

Chromium VI 47

Methylenediphenyl diisocyanate (MDI) 56

Substances Entry No.Amendment

Subject Action

Alkanes, C10-C13 , chloro (short-chain chlorinated paraffins) (SCCPs) 42 The whole entry Deleted

Chromium VI 47 Testing method to demonstrate the conformity The standard published by the CEN is now adopted

Methylenediphenyl diisocyanate (MDI) 56 Scope clarification

Three specific isomers are included:(a) 4,4’-Methylenediphenyl diisocyanate: - CAS No 101-68-8 - EC No 202-966-0 (b) 2,4’-Methylenediphenyl diisocyanate: - CAS No 5873-54-1 - EC No 227-534-9 (c) 2,2’-Methylenediphenyl diisocyanate: - CAS No 2536-05-2 - EC No 219-799-4