The US CPSC has recently published a final rule to exempt seven types of plastic containing certain additives from third party testing for phthalates in toys and childcare articles. This rule will become effective on September 29, 2017.
In August 2016, we [1] informed you that the US Consumer Product Safety Commission (CPSC) published a Notice of Proposed Rulemaking (NPR) to exempt four types of plastic containing specified additives from third party testing for six regulated phthalates falling under Section 108 of the Consumer Product Safety Improvement Act of 2008 (CPSIA).
On August 30, 2017, the CPSC published a final rule [2] in the Federal Register to amend Title 16 of the Code of Federal Regulations by creating a new Part 1308 (16 CFR 1308). This amendment exempts accessible components in toys and childcare articles, containing seven types of plastic and specified additives, from third party testing (for six regulated phthalates) pursuant to Section 14(a)(2) of the Consumer Product Safety Act (CPSA) [3] and 16 CFR Part 1107 [4] (Testing and labeling pertaining to product certification). This final rule also includes determinations for three additional polystyrenes (GPPS, MIPS and SHIPS) that were not in the NPR. These seven plastics are:
Acrylonitrile butadiene styrene (ABS)
General purpose polystyrene (GPPS), medium-impact polystyrene (MIPS), high-impact polystyrene (HIPS), super high-impact polystyrene (SHIPS)
Polypropylene (PP) and polyethylene (PE)
Highlights of the final rule are summarized in Table 1.
| 16 CFR Part 1308 ‘Prohibition of Children’s Toys and Child Care Articles Containing Specified Phthalates: Determinations Regarding Certain Plastics’ | |||
|---|---|---|---|
| Phthalate | Scope | Requirement | Effective Date |
BBP, DBP, DEHP, DIDP, DINP and DNOP | Toys and childcare articles containing the following plastic:
| Exempt from third party testing | September 29, 2017 |
Table 1.
| Item | Acronym | CAS | Phthalate |
|---|---|---|---|
| 1 | BBP | 85-68-7 | Butyl benzyl phthalate |
| 2 | DBP | 84-74-2 | Dibutyl phthalate |
| 3 | DEHP | 117-81-7 | Di(2-ethylhexyl) phthalate |
| 4 | DIDP | 26761-40-0 & 68515-49-1 | Diisodecyl phthalate |
| 5 | DINP | 28553-12-0 & 68515-48-0 | Diisononyl phthalate |
| 6 | DNOP | 117-84-0 | Di-n-octyl phthalate |
Table 2. Definitions
In December 2014, the CPSC published an NPR for the rule ‘Prohibition of Children’s Toys and Childcare Articles Containing Specified Phthalates’ based on the report from the Chronic Hazard Advisory Panel (CHAP). This NPR proposed a permanent restriction of 8 phthalates in toys and childcare articles [5]. After a series of delays and legal challenges [6], the CPSC will decide which phthalates to restrict in the aforementioned products by October 18, 2017.
Throughout our global network, SGS offers consultation and comprehensive testing services (physical/mechanical, chemical, flammability, electrical safety, etc) covering the full spectrum of international product safety and regulatory standards for a wide range of toys. Our laboratories are internationally recognized by major industry associations, accreditation bodies and authorities. With the largest global network of toy experts and testing facilities around the world (including 4 EU Notified Bodies and about 40 CPSC-Accepted Testing Laboratories), SGS is the partner to trust. Please do not hesitate to contact us for further information or visit our website.
NEXT STEP:
Stakeholders are advised to comply with the latest requirements for phthalates and other CPSIA requirements for the US market.
For enquiries, please contact:
Hingwo Tsang
Global Information and Innovation Manager
t: +852 2774 7420
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