French Decree 2019-1007 Harmonizes Regulatory Provisions Related to Certain Non-Food Product Safety
A general Decree intended to harmonize the regulatory requirements applicable to certain non-food products already covered by specific and national regulations has been published in the French Official Journal on 30/09/2019.
SAFEGUARDS | SoftlinesNO. 156/19
Consumer products included in the new provisions are:
- childcare articles,
- portable heating appliances using liquid fuel,
- playground equipment,
- bunk beds,
- ladders, step ladders and step stools
- folding seats referred to as deck chairs
- bedding items
- grinding and cutting disks
- barbecues using solid fuel
- electronic and chemical breathalysers
The Decree harmonizes the safety requirements applicable to these products intended for the consumer, such as requirements on design, tests, technical files and markings, when these provisions are linked to identified safety issues.
The new Decree and its requirements become effective on 1st October 2019, the day after the publication. To ensure a smooth transition period, the text specifies that articles conforming to the previous provisions of the Decrees will be allowed in the market until 1st October 2020. All previous manufactured inventory will be allowed to sell out without time limitation.
In Article 7, the Decree 2019-1007 modifies the Decree 2000-164 related to filled bedding items, applicable in the French market since 2000.
The Decree 2000-164 requires certain filled bedding items (quilts, cushions, pillows, bolsters, padded blankets, etc.) to comply with three requirements:
- no ignitability
- essential hygiene requirements in case of filling with down and/or feather
The main change introduced by the new regulation, Decree 2019-1007, concerns the marking of articles. The original version of the Decree 2000-164 required that articles shall be marked with the statement "Conforme aux exigences du décret no 2000-164 du 23 février 2000". This statement is no longer applicable to these articles from 1st October 2019, however products conforming to the previous version of the Decree and bearing the statement, may be placed in the market until 1st October 2020.
Specifically, the articles in the scope of the Decree 2000-164 will still have to meet the following requirements:
- assessment of the ignitability of bedding items with a cigarette;
- in case of down and/or feather filling: determination of the oxygen index number, determination of the turbidity of an aqueous extract, and if needed determination of the microbiological state;
- name or trademark of the entity responsible for placing the articles in the market;
- recommended care instructions to enable the article to keep its original properties after care.
Ignitability and hygiene requirements can be assessed through standards which have been published in the French Official Journal (NF EN ISO 12952-1 for ignitability, NF EN 1162, NF EN 1164, NF EN 12935 for down and feather hygiene).
When the standards are not applicable, the article shall bear a certificate of compliance issued pursuant to the required examination by either a French or European organization, or an organization from another country that is part of the Agreement on the European Economic Area (the EEA Agreement), or Turkey. The organization shall be accredited for test methods specified in the Decree 2000-164.
The entity responsible for placing an article in the market, may be prosecuted and fined if the below required elements cannot be provided:
- Description of the product including components and their characteristics, and
- Test reports using standards giving presumption of conformity or a certificate of compliance issued by an accredited third party.
- The French Official Journal Decree 2019-1007
- The French Official Journal - Decree 2000-164 (Updated version)
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