The CPSC has recently published a final rule to restrict phthalates in children’s toys and child care articles. The new rule will become effective on April 25, 2018.
SAFEGUARDS | Consumer Products NO. 164/17
In August 2008, President George W Bush signed  a landmark piece of legislation, the ‘Consumer Product Safety Improvement Act of 2008 (CPSIA)’, into law. Section 108 of CPSIA established certain restrictions on phthalates in children’s toys and child care articles. These are:
- Restricting each of BBP, DBP and DEHP to no more than 0.1% on a permanent basis for children’s toys and child care articles
- Restricting each of DIDP, DINP and DNOP to no more than 0.1% on an interim basis for ‘any children’s toy that can be placed in a child’s mouth’ or ‘child care article’ until a review by the Chronic Hazard Advisory Panel (CHAP) and the Commission to promulgate a final rule.
In December 2014, the Consumer Product Safety Commission (CPSC) published a Notice of Proposed Rulemaking (NPR) based on the CHAP report and CPSC staff comments . That NPR was consistent with most of the CHAP recommendations, including the following:
- Restricting BBP, DBP, DEHP, DCHP, DHEXP (DnHP), DIBP and DPENP on a permanent basis
- DINP, restricted on an interim basis, was to be permanently restricted.
- DIDP and DNOP, restricted on an interim basis, were no longer restricted.
On October 20, 2017, the CPSC announced  that they voted in favour of issuing a final rule on phthalates in children’s toys and child care articles based on the recommendations in the aforementioned CHAP Report.
On October 27, 2017, the CPSC published the final rule  in the Federal Register (82 FR 49938) to restrict phthalates in children’s toys and child care articles under section 108 of the CPSIA. The language in the final rule (16 CFR 1307 ‘Prohibition of Children’s Toys and Child Care Articles Containing Specified Phthalates’) is essentially similar to the proposed rule, but with an added paragraph that repeats the statutory provision stating that the restriction of phthalates applies to plasticized component parts of children’s toys and child care articles, or other component parts of those products that are made of materials that may contain phthalates (U.S.C 15 Chapter 37 §2057c(c) . This final rule also continues the interim restriction of DINP but expands its restriction to all children’s toys and child care articles.
This final rule is a children’s safety rule. It requires the Commission to issue a notice of requirements (NOR) for the accreditation of third party conformity assessment bodies or laboratories.
This final rule has in effect restricted a total of eight phthalates in children’s toys and child care articles (see items 1 to 8, Table 1). It will become effective on April 25, 2018, and applies to children’s toys and child care articles that are manufactured or imported from this date.
Highlights of the final rule and a comparison with the existing requirements under section 108 of CPSIA are summarized in Table 1.
|CPSIA Section 108 |
Prohibition on Sale of Certain Products Containing Specified Phthalates
|Item ||Phthalate ||CPSC, 16 CFR Part 1307, Final Rule||CPSIA Section 108|
|Scope ||Requirement ||Scope ||Requirement |
|1 ||BBP ||Children’s toys and childcare |
|≤ 0.1% ||Permanently restricted: |
Children’s toys and childcare articles
|≤ 0.1% |
|2 ||DBP ||≤ 0.1% ||≤ 0.1% |
|3 ||DEHP ||≤ 0.1% ||≤ 0.1% |
|4 ||DCHP ||≤ 0.1% ||---- ||---- |
|5 ||DHEXP (DnHP) ||≤ 0.1% ||---- ||---- |
|6 ||DIBP ||≤ 0.1% ||--- ||---- |
|7 ||DPENP ||≤ 0.1% ||---- ||---- |
|8||DINP ||≤ 0.1% ||Interim restriction: |
Children’s toys that can be placed in a child’s mouth or childcare
|≤ 0.1% |
|9 ||DNOP ||Interim restriction: |
not to be continued
|≤ 0.1% |
|10 ||DIDP ||≤ 0.1% |
|Effective date||April 25, 2018 |
(Date of manufacture or import)
|2||DBP||84-74-2||Di-n-butyl||7||DIDP||26761-40-0 & 68515-49-1||Diisodecyl|
|3||DCHP||84-61-7||Dicyclohexyl||8||DINP||28553-12-0 & 68515-48-0||Diisononyl|
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Stakeholders are advised to comply with the latest requirements for phthalates in children’s toys and child care articles for the US market.
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