On 17 August 2016, CPSC published notice of rulemaking1 regarding phthalates exemption on PP, PE, HIPS, ABS plastics (Herewith specified plastics) in toys and child care articles by adding Part 1308 in Title 16 of the Code of Federal Regulations (16 CFR 1308).
This proposed rule is to reduce the cost of third party testing consistent with assuring compliance with the applicable consumer product safety rules, bans, standards, and regulations. It was determined based on the conclusion of literature research2 and CPSC staff analysis3 that there is a high degree of assurance that PP, PE, HIPS, ABS plastics will not contain any of the regulated phthalates in concentrations above 0.1 percent when used in children’s toys and child care articles.
Thus CPSC suggested these 4 specified plastics are exempted from mandatory third party testing to demonstrate compliance with regulated phthalates restrictions on toys and child care articles. But manufacture or importer must still comply with the phthalates prohibitions in section 108 of the CPSIA.
CPSC contracted Toxicology Excellence for Risk Assessment (TERA) to conduct literature research on the production and use of specified phthalates in consumer products. Based on the research report, CPSC staff further conducted a detailed analysis and additional research, and found no evidence that specified phthalates are present at concentrations above 0.1% in any of the certain plastics for consumer products especially children’s products.