The U.S. Consumer Product Safety Commission (CPSC) recently determined that four types of plastics containing specific additives do not contain certain phthalates currently banned in children's toys and childcare products. Based on this determination, starting September 29, these plastics containing specific additives no longer need third-party testing to prove compliance with the mandatory ban on phthalates in children's toys and childcare products. Section 108 of the Consumer Product Safety Improvement Act of 2008 stipulates that accessible plastic parts of children's toys and childcare products, or other parts made from materials that may contain phthalates, must not contain more than 0.1% of six specific phthalates: DEHP, DBP, BBP, DINP, DIDP, and DnOP. Subsequently, the CPSC recommended making the temporary ban on DINP permanent and lifting the temporary bans on DIDP and DnOP, while adding four other phthalates—DIBP, DPENP, DHEXP, and DCHP—to the prohibited list; however, these actions were not implemented. Under Section 14(a) of the Consumer Product Safety Act, as amended by the Consumer Product Safety Improvement Act, manufacturers of products subject to Consumer Product Safety Commission (CPSC) regulations or similar rules, prohibitions, standards, or regulations must demonstrate that their products comply with all applicable CPSC regulations. For children's products, certification must be based on testing results from a CPSC-accredited third-party conformity assessment body. Therefore, manufacturers of children's toys and childcare products subject to phthalate limits must have them tested for compliance with these limits before issuing a children's product certificate and placing the toys or products on the U.S. market. Public Law 112-28 of August 2011 directed the CPSC to seek comments on methods to reduce the cost of third-party testing requirements while ensuring compliance with applicable consumer product safety rules, prohibitions, standards, or regulations. The public law also authorizes the Consumer Product Safety Commission (CPSC) to issue new or revised third-party testing regulations, provided the CPSC determines that such regulations reduce the cost of third-party testing while ensuring compliance with applicable consumer product safety rules, bans, standards, or regulations. To this end, the CPSC requested Toxicology Excellence for Risk Assessment to conduct a study on phthalates and prepare two reports on its findings. Based on this study, CPSC personnel concluded that there is currently very little data showing that plastics such as polypropylene (PP), polyethylene (PE), certain polystyrene (PS), and ABS resin (acrylonitrile-butadiene-styrene copolymer) may contain phthalates that are currently prohibited or may be prohibited under the proposed regulations. Furthermore, there is no evidence that these four types of plastics (virgin or made from recycled materials) used in consumer products (particularly children's products) contain concentrations of these phthalates exceeding 0.1%. Therefore, the CPSC determined that these four plastics, if they contain any of the following additives, still comply with the phthalate ban and therefore do not require third-party testing to ensure compliance. * Polypropylene: Contains plasticizers such as polybutene, dioctyl sebacate, isooctyl resinate, paraffin wax, cycloalkanes, mineral plasticizers, and polyols; unrecovered catalysts; fillers; primary and secondary antioxidants; neutralizers; antistatic agents; slip agents; metal passivators; quenchers; UV stabilizers; nucleating agents; flame retardants; foaming agents; anti-caking agents; lubricants; or colorants.
* Polyethylene: Contains plasticizers such as glyceryl tribenzoate, polyethylene glycol, sunflower oil, paraffin wax, paraffin oil, mineral oil, glycerin, EPDM rubber, and EVA polymers; initiators; accelerators; unrecovered catalysts; fillers; antistatic agents; flame retardants; anti-caking agents; slip agents; foaming agents; crosslinking agents; antioxidants; carbon black; or colorants. General-purpose polystyrene, medium-strength polystyrene, high-strength polystyrene, and ultra-high-strength polystyrene: contain unrecycled catalysts; internal lubricants; chain transfer/conversion agents; stabilizers; diluents; colorants; aluminum chloride, ethane chloride, or hydrochloric acid; iron oxide, potassium oxide, or chromium oxide; or bifunctional peroxides. ABS resin (acrylonitrile-butadiene-styrene copolymer): contains plasticizers such as hydrocarbon processing oils, triphenyl phosphate, resorcinol tetraphenyl phosphate, oligophosphates, long-chain fatty acid esters, and aromatic sulfonamides; stabilizers; lubricants; antioxidants; molecular weight regulators; initiators/unrecycled catalysts; activators; emulsifiers; or colorants. The Consumer Product Safety Commission (CPSC) notes that this designation only exempts manufacturers from the responsibility of having specific plastics and accompanying additives tested by a CPSC-approved third-party conformity assessment body. Regardless of whether third-party testing is exempted, children's toys and childcare products must still comply with the substantial limits on phthalate content under Section 108 of the Consumer Product Safety Improvement Act. If the Consumer Product Safety Commission (CPSC) issues a final rule changing the temporary ban on DINP to a permanent ban and adding DIBP, DPENP, DHEXP, and DCHP to the prohibited list, the CPSC will also amend the scope of exemptions to cover the same phthalates restricted by the final phthalate rule. Source: Hong Kong Trade Development Council Economic and Trade Research (2017-09-15)
