The US Consumer Product Safety Commission has issued a notice of proposed rulemaking to expand the ban on phthalates in Section 108 of the Consumer Product Safety Improvement Act.
The CPSIA Section 108 ban on certain phthalates
Currently, Section 108 prohibits the phthalates DEHP, DBP, and BBP in concentrations above 0.1 percent (1,000 parts per million) in children’s toys and child care articles. CPSIA defines a children’s toy as “a consumer product designed or intended by the manufacturer for a child who is 12 years old or younger for use by the child when the child plays.” CPSIA defines child care articles as “consumer products that are designed or intended by the manufacturer for a child who is 3 years old or younger, to facilitate sleeping or feeding, or to help a child who is sucking or teething.”
Section 108 also prohibits, on an interim basis, the phthalates DINP, DIDP, and DnOP in concentrations above 0.1 percent in children’s toys that can be placed in a child’s mouth and child care articles. CPSIA required the Commission to investigate further whether to continue the interim ban. The proposed rule is the result of that investigation.
The proposed rule
Based on the results of the analysis, the proposed rule eliminates the interim ban on DIDP and DnOP. However, it makes permanent the DINP ban and expands it to all children’s toys (not just mouthable toys and child care articles), and also adds several additional phthalates: DIBP, DPENP, DHEXP, and DCHP. These phthalates would also be prohibited in concentrations above 0.1 percent in children’s toys and child care articles.
The proposed rule will now be subject to a public comment period, which ends March 16, 2015. Public comments can be submitted through the proposed rule docket at regulations.gov.