CPSC Issues Proposed Rule Regarding Banning of Pthalates

On December 30, 2014, the Consumer Product Safety Commission (CPSC) issues a notice of proposed rulemaking to implement the recommendations from the Chronic Hazard Advisory Panel (CHAP) which studied the effects on children’s health of all phthalates and phthalate alternatives used in children’s toys or child care articles.  The following phthalates continue to be banned at concentrations greater than .1 percent: DEHP. DBP, and BBP.  It has been proposed that DINP, which is under an interim ban, be moved to a permanent ban at concentrations greater than .1 percent, and that the ban be extended to include all children’s toys and child care articles, not just those that can be placed in the mouth.  This proposal is based on the recommendations issued by the Chronic Hazard Advisory Panel (CHAP). It has been proposed that DNOP, which was listed under the interim ban, no longer be included in the list of banned phthalates.  The Commission has concluded, and agrees with the CHAP recommendation, that continuing the prohibition of DNOP is not necessary to ensure a reasonable certainty of no harm to children or other sensitive populations. The CHAP also recommended that the interim ban on DIDP be lifted, and the Commission concurs.   The Commission agreed with the CHAP recommendation that continuing the prohibition of DIDP is not necessary to ensure a reasonable certainty of no harm to children or other sensitive populations. However, the CHAP did recommend that other phthalates be permanently prohibited: DIBP, DPENP, DHEXP, and DCHP.  As with the other phthalates, concentrations above .1 percent of any of these listed chemicals is prohibited in child care articles or children’s toys. The CHAP also recommended an interim prohibition for DIOP. As the CPSIA does not provide for an interim prohibition as an option, the Commission is not proposing any prohibition of products containing DIOP.
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