SAFEGUARDS | Consumer Goods and RetailNO. 051/19
In 2008, Maine enacted the ‘Toxic Chemicals in Children’s Products’ Law. This law requires manufacturers or distributors of certain children’s products to disclose specific information if a PC is added to a product and exceeds the de minimis level.
According to the definitions in the law, a children’s product means a consumer product intended for, made for or marketed for use by children under 12 years of age, such as baby products, car seats, clothing, personal care products and toys, and any consumer product containing a chemical of high concern that when used or disposed of will likely to result in a child under 12 years of age or a fetus being exposed to that chemical.
Since enactment, Maine has designated 13 chemicals as PCs. These are bisphenol A (BPA), nonyl phenol (NP), nonylphenol ethoxylates (NPEOs), formaldehyde, three metals (arsenic, cadmium and mercury), four phthalates (benzyl butyl phthalate (BBP), dibutyl phthalate (DBP), diethyl phthalate (DEP) and di-(2-ethylhexyl) phthalate (DEHP)) and two flame retardants (decabromodiphenyl ether (Deca-BDE) and hexabromocyclododecane (HBCD/HBCDD)) (Safeguard 78/17).
On April 3, 2019, the Maine Department of Environmental Protection (DEP) announced a public notice to propose the designation of PFOS as a PC that requires reporting in certain children’s products. This proposal would create a completely new Chapter 890. Reporting PFOS would be required if it is intentionally added to certain categories of children’s product and exceeds the practical quantification limit (PQL). The effective date for reporting would be 180 days after the effective date of the new Chapter, or within 30 days of sale of the children’s product if the sale of such products does not commence until after the 180-day reporting period ends.
Comments on the proposal are accepted until May 6, 2019.
Highlights of the proposal are summarized in Table 1.
|Department of Environmental Protection, Maine
Proposal for Chapter 890 ‘Designation of PFOS as Priority Chemical’
||Reporting to DEP within 180 days after the effective date of the final rule if PC is intentionally added and exceeds the PQL, otherwise within 30 days of sale of the children's product|
|*Unless food and beverage packaging products are intentionally marketed or intended for use by children under three years of age, they are exempt from reporting|
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.
For enquiries, please contact:
Global Information and Innovation Manager
t: (+852) 2774 7420
Stay on top of regulatory changes within your industry: subscribe to SafeGuardS!
Read more articles for the Consumer Goods and Retail industry
© SGS Group Management SA - 2019 - All rights reserved - SGS is a registered trademark of SGS Group Management SA. This is a publication of SGS, except for 3rd parties’ contents submitted or licensed for use by SGS. SGS neither endorses nor disapproves said 3rd parties contents. This publication is intended to provide technical information and shall not be considered an exhaustive treatment of any subject treated. It is strictly educational and does not replace any legal requirements or applicable regulations. It is not intended to constitute consulting or professional advice. The information contained herein is provided “as is” and SGS does not warrant that it will be error-free or will meet any particular criteria of performance or quality. Do not quote or refer any information herein without SGS’s prior written consent.