US CPSIA – FAQ of Phthalates (I)
No. 02/2009 What kind of products does the phthalates prohibition apply to?
DEHP, DBP, and BBP, have been permanently prohibited in concentration of more than 0.1% in "children toys" or "child care articles." A "children toy" means a product intended for a child 12 years of age or younger for use when playing, and a "child care article" means a product that a child 3 and younger would use for sleeping, feeding, sucking or teething. DINP, DIDP, and DnOP, have been prohibited pending further study and review by a group of outside experts and the Commission. This interim prohibition applies to child care articles or toys that can be placed in a child mouth or brought to the mouth and kept in the mouth so that it can be sucked or chewed that contains a concentration of more than 0.1% of the above phthalates.
Does the phthalate prohibition apply to inaccessible parts?
The prohibition on phthalates applies to all parts of a children toy or child care article as defined in section 108 of the CPSIA. Section 108 does not make an exception or exemption for accessibility for phthalates as is the case for lead in children products under section 101.
Does the prohibition on phthalates apply to jewelry?It depends. If such jewelry is intended for use as a toy for a child 12 years of age or younger, the phthalates prohibition would apply.
Does the prohibition on phthalates apply to sporting goods?The category of products known as "sporting goods" can include toys but not all sporting goods are toys. However, any determination as to whether a particular sporting goods product would be a toy as defined under section 108, would be made on a case by case basis after consideration of the following factors:
A statement by the manufacturer about the intended use of the product, including a label on the product if such statement is reasonable.
Whether the product is represented in its packaging, display, promotion or advertising as appropriate for use by of the ages specified.
Whether the product is commonly recognized by consumers as being intended for use by a child of the ages specified.
The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines. When does the phthalates ban go into effect for children toys and child care articles and does it apply to inventory in existence on February 10, 2009?On February 10, 2009, DEHP, DBP, and BBP are permanently banned, and DINP, DIDP, and DnOP are banned on an interim basis, for children toys or child care articles as defined in section 108 of the CPSIA. The ban on the six specified phthalates in section 108 of the CPSIA only applies to products that are manufactured on or after February 10, 2009.
If the phthalates ban only applies to products manufactured on or after February 10, 2009, how can consumers tell whether products do or do not contain phthalates?Manufacturers and retailers can label products as complying with the limits in the CPSIA for phthalates regardless of when they were manufactured. Congress provided for stiff penalties if a company labels a product as compliant when it is not. Many manufacturers eliminated phthalates from their products and have shared that information with their retailers.
Is compliance to the limits of 0.1% for the six banned phthalates based on an analysis for all six regulated phthalates in combination or for each banned phthalate individually?The 0.1% limit for the six banned phthalates applies to each individual phthalate.
How do you determine whether a product is a child care article for purposes of compliance with the phthalates limits?A child care article is a consumer product designed or intended by the manufacturer to facilitate sleep or the feeding of children age 3 and younger, or to help such children with sucking or teething.
How do I know whether a toy may be placed in a child mouth?Toy can be placed in a child mouth if any part of the toy can actually be brought to the mouth and kept in the mouth by a child so that it can be sucked and chewed. If the toy can only be licked, it is not able to be placed in the mouth. By definition, if a toy or part of a toy in one dimension is smaller than 5 centimeters, it can be placed in the mouth.
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