Brazil Issues Legislation for Party Items

SafeGuardSToys and Juvenile ProductsMay 04, 2021

Brazil has published an ordinance approving the consolidated conformity assessment requirements for party items. The latest legislation became effective on April 1, 2021.

In March 2021, the Brazilian Ministry of Economy/National Institute of Metrology, Quality and Technology (Ministério da Economia/Instituto Nacional de Metrologia, Qualidade e Tecnologia,, Inmetro) published Ordinance No. 121 of March 15, 2021 (Portaria No. 121, de 15 de Março de 2021) on approving the consolidated conformity assessment requirements for party items (the Ordinance).

The Ordinance became effective on April 1, 2021 and repealed Inmetro ordinances 545/2012, 603/2013, 270/2015, 147/2019, 507/2019 and 343/2020.

Highlights of the Ordinance are summarized in Table 1.

Ordinance No. 121 of March 15, 2021 ‘Approving the Conformity Assessment Requirements for Party Items – Consolidated’
Section	Highlight
Purpose and Scope	Establishes the Conformity Assessment Requirements (Annex I) and Specifications for the Conformity Identification Seal (Annex II) for party items Conformity assessment is via a certification system that must be carried out by a Product Certification Body (Organismo de Certificação de Produto – OCP)
Transitional provisions	Party items that were certified, manufactured or imported until July 6, 2020 and bearing the mandatory Conformity Identification Seal are allowed to remain on the market until stocks are exhausted
Annex I ‘Conformity Assessment Requirements’	Establishes the criteria and procedures for assessing the conformity of party items via the certification system Adopts ABNT NBR 13883:2015 – Safety of Party Supplies: Requirements and Test Methods Suppliers to choose Certification Model 2 (only for micro and small enterprises (micro e pequena empresa, MPE)), 5 or 1b for conformity assessments (certificate of conformity, CoC) Establishes the general criteria and specifications for Conformity Identification Seals Establishes safety requirements, including but not limited to, 1) physical and mechanical properties 2) flammability properties for textile materials 3) prohibition of pentachlorophenol (PCP) and its salts in wood materials 4) a migration limit of 8 mg/dm² for food contact or oral contact items 5) restriction limits for 8 soluble elements (see Table 2 below) and 6) no more than 0.1% for (the sum of) BBP, DBP, DEHP, DIDP, DINP and DNOP in plasticized materials, such as vinyl materials, that are more than 100 mg in weight
Annex II ‘Conformity Identification Seal’	Establishes requirements for Conformity Identification Seals, including illustrations for formats and dimensions
Annex III ‘Framework for Party Items’	Provides a list of products that are considered as party items and a separate list of items that are not within the scope of the Ordinance (Annex III)

Table 1

Ordinance No. 121 of March 15, 2021 ‘Approving the Conformity Assessment Requirements for Party Items – Consolidated’ Table 1 in Section C to Annex C of Annex I ‘Maximum value per heavy metal’
Entry	Soluble element	Requirement	Entry	Soluble element	Requirement
1	Antimony (Sb)	≤ 60 mg/kg	5	Chromium (Cr)	≤ 60 mg/kg
2	Arsenic (As)	≤ 25 mg/kg	6	Lead (Pb)	≤ 90 mg/kg
3	Barium (Ba)	≤ 1,000 mg/kg	7	Mercury (Hg)	≤ 60 mg/kg
4	Cadmium (Cd)	≤ 75 mg/kg	8	Selenium (Se)	≤ 500 mg/kg

Table 2

Definitions

Entry	Abbreviation	Phthalate
1	BBP	Benzylbutyl phthalate
2	DBP	Dibutyl phthalate
3	DEHP	Di-(2-ethylhexyl) phthalate
4	DIDP	Diisodecyl phthalate
5	DINP	Diisononyl phthalate
6	DNOP	Di-n-octyl phthalate

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