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The US CPSC has published a Direct Final Rule (DFR) to revise the exemption of seven types of plastic from third party testing for regulated phthalates in toys and childcare articles.

SAFEGUARDS | Consumer Products NO. 014/18

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The US Consumer Product Safety Commission (CPSC) has published a Direct Final Rule (DFR) to revise the exemption of seven types of plastic from third party testing for regulated phthalates in toys and childcare articles. Unless adverse comments are received, the DFR will become effective on April 25, 2018.

In late 2017, we informed you that the US Consumer Product Safety Commission (CPSC) had published two final rules relating to third party testing for regulated phthalates and certain plastics in toys and child care articles. These final rules contain the following provisions:

  • Exempting seven types of plastic from third party testing for six regulated phthalates [1] (16 CFR 1308). These became effective in September 2017

  • Restricting a total of eight phthalates in children’s toys and child care articles [2] (16 CFR 1307). This final rule for phthalates will become effective on April 25, 2018

On January 26, 2018, the CPSC published a direct final rule (DFR) in the Federal Register (83 FR 3583 [3]) to exempt seven types of plastic from third party testing for the eight regulated phthalates under the phthalates final rule.

Unless adverse comments are received by February 26, 2018, this DFR will become effective on April 25, 2018. This date is identical to the effective date for the final rule on eight phthalates.

Highlights of the DFR are summarized in Table 1.

16 CFR 1308


Prohibition of Children’s Toys and Child Care Articles Containing Specified Phthalates: Revision of Determinations Regarding Certain Plastics
Prohibition of Children’s Toys and Child Care Articles Containing Specified Phthalates: Determinations Regarding Certain Plastics
Scope
Toys and child care articles containing ABS, GPPS, HIPS, MIPS, PE, PP,and SHIPS
Phthalate
BBP, DBP, DEHP, DCHP, DHEXP (DnHP), DIBP, DPENP and DINP
BBP, DBP, DEHP, DINP, DNOP and DIDP
Remark
Exempt from third party testing
Exempt from third party testing
Effective Date
April 25, 2018
September 2017

Table 1

Item
Acronym
CAS
Phthalate
     Item
Acronym
CAS
Phthalate
1
BBP
85-68-7
Butylbenzyl
6
DIBP
84-69-5
Diisobutyl
2
DBP
84-74-2
Di-n-butyl
7
DIDP
26761-40-0 & 68515-49-1
Diisodecyl
3
DCHP
84-61-7
Dicyclohexyl
8
DINP
28553-12-0 & 68515-48-0
Diisononyl
4
DEHP
117-81-7
Di(2-ethylhexyl)
9
DNOP
117-84-0
Di-n-octyl
5
DHEXP (DnHP)
84-75-3
Di-n-hexyl
10
DPENP
131-18-0
Di-n-pentyl

DEFINITIONS

Table 2

Item Acronym Plastic
1 ABS Acrylonitrile butadiene styrene
2 GPPS General purpose polystyrene
3 HIPS High-impact polystyrene
4 MIPS Medium-impact polystyrene
5 PE Polyethylene
6 PP Polypropylene
7 SHIPS Super high-impact polystyrene

Table 3

SGS is committed to providing information about development in regulations for consumer products as a complimentary service. Through a global network of laboratories, SGS provides a wide range of services including physical/mechanical testing, analytical testing and consultancy work for technical and non-technical parameters applicable to a comprehensive range of consumer products. Please do not hesitate to contact us for further information.

Next step:

Stakeholders are advised to comply with the latest requirements for phthalates in toys and child care articles for the US market.

For enquiries, please contact:

Hingwo Tsang
Global Information and Innovation Manager
t: +852 2774 7420

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