the main novelties -...

THE MAIN NOVELTIESin the legislative and regulatory framework of the

2018FASHION SECTOR

The regulatory framework is a fundamental instrument for the protection of consumers.

In the particular case of the fashion industry, manufacturers and retailers have an obligation to assure consumers - and the competent authorities -

that their articles are safe.

To achieve this, they must strictly comply with a diverse, changing and increasingly demanding legislation.

Becoming familiar with the content and dynamics of this regulatory framework and knowing its impact on each link in the value chain is vital for the success of

companies in the sector.

Aware of this reality, Sigillum Knowledge Solutions has prepared a summary of the most important legislative and regulatory changes

that have taken place in 2018.

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The European Union maintains its regulatory focus on CMR substances (carcinogenic, mutagenic or with reproductive toxicity)

and in endocrine disruptors.

In this regard, in 2018 two important amendments have been introduced in Annex XVII of REACH: the first one, which will become effective in November

2020, is a new entry (Entry 72) that incorporates restrictions of 33 CMR substances in textile articles and footwear.

Among the substances for which maximum limits are set are heavy metals (extractable content), benzene, new phthalates, polycyclic aromatic hydrocarbons

(PAHs), dimethylformamide or formaldehyde, among others.

It is worth highlighting the incorporation of the formaldehyde article restriction, which was already in place in textile articles in Finland, Norway and the

Netherlands and which has also been regulated in Asia for years due to its skin-sensitizing properties.



The second amendment is a modification of Entry 51, which was approved at the end of 2018 and will be effective from July 2020. This amendment affects the fashion industry because it extends the scope of the restriction of phthalates to plasticized material in articles including polyvinyl chloride (PVC), polyvinylidene chloride (PVDC), polyvinyl acetate (PVA) and polyurethanes, surface coatings,

anti-skid, finishes, decals, printed designs, adhesives, sealants, inks, paints and any other polymer, except those coatings made of silicone rubber and natural latex.

Also in relation to phthalates there have been remarkable changes in the US regulation: in April a new federal regulation became effective -16 CFR Part 1307

Prohibition of Children’s Toys and Child Care Articles Containing Specified Phthalates- that extends the restriction of phthalates under CPSIA

(Consumer Product Safety Improvement Act) from six substances to eight.

In the same line of extending the scope of the regulations that affect fashion items, in the state of California in 2018 several legal agreements were reached

derived from the implementation of Proposition 65, relating to lead and phthalates in a wide variety of consumer products, including hats, bags, purses,

gloves with vinyl / PVC components or bracelets.

Likewise, Taiwan has introduced changes related to the regulation of phthalates in 2018. Thus, it has updated the standard CNS 15503 General Requirements for safety of children’s products, eliminating the phthalates DEP (diehtyl phthalate) and DMP (dimethyl phthalate) from the scope of the restriction, which reduces

the number of phthalates restricted from 8 to 6 (DEHP, DBP, BBP, DINP, DIDP and DNOP). With this modification, this country aligns the restriction of phthalates in

products for children with that of many other countries that regulate the content of this family of substances.





All these regulatory changes with respect to phthalates, considered toxicsubstances for reproduction, and the large number of markets that regulate

them highlight the importance of controlling them both during the production process and in the final product.

In Canada we highlight two relevant changes for the fashion industry: since November 2018, the amendment of the Children’s Jewelry Regulations

(SOR / 2018-82), which establishes a limit of 90 ppm of lead and 130 ppm of cadmium in articles of jewelry for users under 15 years of age, and the amendment of the Consumer Products Containing Lead Regulations (Contact With Mouth) that establishes the same limit of lead in clothing and accessories for children under 14

years of age.

As for the always important Chinese market, in 2018 the usual practice of updating many of its specific article standards has been maintained. In the field of fashion we highlight the changes introduced in the QB / T 1333-2010 / XG1-2014

Handback and knapsacks and in the QB / T 1618-2006 Leather belt. The main changes in the QB / T 1618 are the modification of the values of the degree of color fastnesses to rubbing according to the part and material of the belt and

the extension of the scope of this standard to textile belts. In the update of QB / T 1333 the most notable changes are the variation in the degree of color rub

fastness according to the material of this type of article and the extension of the scope to fur. In addition, and following the regulation of accesories, a new product

standard was published, the QB / T 5243 Clutch, which establishes a stricter formaldehyde limit (75 ppm versus 300 ppm of QB / T 1333).

Another emerging market that our fashion companies especially look at is Latin America, where in 2018 there have been important changes in the regulatory framework of the most relevant association of South American

countries, MERCOSUR (Argentina, Brazil, Paraguay and Uruguay). An update was published on the technical regulation on the labeling of textile products

(MERCOSUR / GMC / RES No 62/18) that must be incorporated into the legal system of the member countries before June 15th, 2019. In this labeling update, they aligned the requirements of composition tolerance to the fiber composition regulation of the European Union. Thus, in pure textile product the tolerance is

zero, with the exception of articles with justified technical difficulties where 2% of “foreign fibers” will be allowed, as well as 5% of “foreign fibers” in fabrics with

card spinning; in textile products with multiple fibers the tolerance goes to 3% by weight.

Finally, Turkey, after the publication of its regulation based on REACH (KKDIK), continues to strengthen its regulatory framework for hazardous substances with

the promulgation of the regulation on persistent organic pollutants (POPs), aligning it with that of the European Union. As in the community regulation, the content of some pesticides, organochlorine compounds and flame retardants

in article is prohibited. However, it also includes substances not covered by the European regulation of POPs, such as the pesticide dicofol, pentaclofenol and its

compounds and establishes a stricter limit for the DecaBDE flame retardant.



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