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The US Consumer Product Safety Commission (CPSC) has published a new method for phthalates and a final rule to allow accredited laboratories two years to update their scope of accreditation. The final rule will become effective on April 25, 2018.

SAFEGUARDS | Consumer Products NO. 015/18

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In November 2017, we informed you that the CPSC had published a final rule on phthalates in toys and child care articles [1], and a Notice of Proposed Rulemaking (NPR) for CPSC-accredited laboratories to update to the latest method for phthalates [2]. That NPR contains references to draft CPSC-CH-C1001-09.4 (2017), and allowed comments to be provided until January 10, 2018.

On February 1, 2018, the CPSC published a final rule in the Federal Register (83 FR 4578 [3]) amending the aforementioned NPR. This final rule contains, inter alia, the following provisions:

  • Provided the laboratory is already CPSC-accepted for CPSC-CH-1001-09.3 (2010), CPSC will accept testing results to support toy and child care article certifications for the new restrictions for eight phthalates until January 31, 2020 (two years)

  • Until laboratories have revised their accreditation scope and listing to CPSC-CH-C1001-09.4 (2018) [4], the following must be stated in test reports to support certification of the restriction of eight phthalates:

    • ’16 CFR Part 1307’ and ‘CPSC-CH-C1001-09.3’

  • Changes in Test Method CPSC-CH-C001-09.4 (2018) include editorial clarifications, test procedure to clarify the list of eight prohibited phthalates, additions to test equipment and supplies section, and the inclusion of ASTM D8133-17 as one of the acceptable standalone methods for phthalate content certification testing. 

  • The CPSC opened application process for CPSC-CH-C1001-09.4 (2018) on February 1, 2018.

This final rule relating to CPSC Acceptance of Third Party Laboratories will become effective on April 25, 2018. This date is consistent with the final rule for eight phthalates.

SGS is committed to providing information about development in regulations for consumer products as complimentary services. 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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