CPSC Developing Practical Guidance For Meeting Phthalates Requirements In New Child Safety Law; Public Input Sought

WASHINGTON, D.C. – Starting on February 10, 2009, certain children’s toys and child care articles can no longer be sold, offered for sale, manufactured or imported for sale in the United States if they contain more than 0.1% of specified phthalates. The U.S. District Court for the Southern District of New York ruled last week that this prohibition applies regardless of when the covered products were made.

U.S. Consumer Product Safety Commission (CPSC) staff has previously addressed a number of questions concerning applicability of phthalate limits. CPSC today is issuing more guidance in draft form (pdf) for public comment. The guidance is intended to help manufacturers, importers, retailers and consumers determine what products are covered by the phthalate limits.

Until the draft guidance is finalized, CPSC intends, given its limited resources, to focus its enforcement efforts on the products most likely to pose a risk of phthalate exposure to children. Specifically, CPSC will focus its enforcement efforts on bath toys and other small, plastic toys (especially those made of polyvinyl chloride) that are intended for young children and can be put in the mouth.

In addition, CPSC staff will sample teethers, rattles and pacifiers to confirm that manufacturers continue their practice of not using prohibited phthalates.

Your Input… Only 30 Days to respond

Below is a general guidline, but not limited to the following topics. Download the full CPSC draft of the guidance here: guidance in draft form (pdf). (You will need Adobe Acrobat Reader to view the document if you do not already have it installed)

I. General Approach

A. Provide comments on staff’s approach to determining which products are subject to the requirements of CPSIA section 108. Explain.

1. Does it result in clear guidance? Why?
2. Do you have suggested changes to the approach? Why?

B. Is there an alternative approach that should be used? Please describe.

C. Is there any additional guidance on products that are subject to section 108 that would be useful to manufacturers? Describe.

D. What are the foreseeable consequences of the staff’s approach?

II. Children’s Toys and Child Care Articles

A. Should the Commission follow the exclusions listed in ASTM F963?

B. Some electronic devices (such as cellular phones with incorporated games, cameras or musical devices) are decorated or marketed such that they may be attractive to children 12 years old or younger. For example, they may be decorated with cartoon characters. Should these be considered toys that are subject to the phthalate requirements under section 108? What are the characteristics that would either make these products toys or not toys?

C. Are there particular art materials, model kits, or hobby items that should be regarded as toys subject to section 108? Why or why not?

D. The staff proposes that tricycles are not covered by section 108, because they are excluded by ASTM F963. However, the staff has generally regarded 3- and 4-wheel ride-ons, including “Big Wheels,” as toys. What distinguishes ride-on toys from tricycles?

E. Are there any other classes of products or specific products that should be excluded from the section 108 definition of toy? Why?

F. Is the staff’s approach to distinguishing between primary and secondary child care articles technically sound? Explain.

G. Does the staff’s approach focus on products for which there is the most potential for exposure to children age 3 years and under?

H. Should cribs be considered child care articles? Should the entire crib be subject to the requirements or only specific parts such as the teething rail? Why or why not?

I. Are there any classes of articles or particular articles that should be excluded from the section 108 definition of child care article? Why or why not?

J. Should the following articles be regarded as subject to the requirements of section 108? Why or why not? Should they be classified as toys, child care articles, or not included?

1. Bib
2. Pajamas
3. Crib or toddler mattress
4. Mattress cover
5. Crib sheets
6. Infant sleep positioner
7. Play sand
8. Baby swing
9. Decorated swimming goggles
10. Water wings
11. Shampoo bottle in animal or cartoon character shapes
12. Costumes and masks
13. Baby walkers
14. Wading pools

K. Should all bouncers, swings, or strollers be subject to section 108 or only those advertised with a manufacturer’s statement that the intended use is to facilitate sleeping, feeding, sucking, or teething? How should these be classified with respect to section 108? Toys? Child care articles? Not covered? Explain.

L. Should some promotional items be regarded as toys? What are the characteristics that would make these products toys or not toys?

M. Should playground equipment be excluded from the definition of toy? Is so, what types of equipment?

N. Should pools required to meet the standard be defined as those pools that do not require a filter and the addition of chemicals for maintenance?

O. Please comment on our phthalates test method which can be found on our web site (add link).

Comments

Comments should be filed by e-mail to section108definitions@cpsc.gov. Comments are due within 30 days after this document is published in the Federal Register. Comments also may be filed by telefacsimile to (301) 504-0127 or mailed, preferably in five copies, to the Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814; telephone (301) 504-7530. Comments should be captioned “Notice of Availability of Draft Guidance Regarding Which Children’s Products are Subject to the Requirements of CPSIA Section 108; Request for Comments and Information.”