U.S. – CPSC Exempts Seven Plastics from CPSIA Section 108 Phthalate Content Testing Requirements

Vol. 984 | 31 Aug 2017

On August 30, 2017, the U.S. Consumer Product Safety Commission (CPSC) published the final rule, 16 CFR 1308 – Prohibition of Children’s Toys and Child Care Articles Containing Specified Phthalates: Determinations Regarding Certain Plastics. This rule exempts seven plastics with specified additives from the third-party testing requirement of toys and childcare articles under the Section 108 phthalate content requirements of the Consumer Product Safety Improvement Act of 2008 (CPSIA). Following is the list of plastics along with the specified additives:

1. Polypropylene (PP), with any of the following additives:
   1. The plasticizers polybutenes, dioctyl sebacate, isooctyl tallate, paraffinic, naphthenic, and mineral plasticizing oils, and polyol;
   2. Unrecovered catalysts;
   3. Fillers;
   4. Primary and secondary antioxidants;
   5. Neutralizing agents;
   6. Antistatic agents;
   7. Slip agents;
   8. Metal deactivators;
   9. Quenchers;
   10. UV stabilizers;
   11. Nucleating agents;
   12. Flame retardants;
   13. Blowing or foaming agents;
   14. Antiblocking agents;
   15. Lubricants; or
   16. Colorants.
2. Polyethylene (PE), with any of the following additives:
   1. The plasticizers glyceryl tribenzoate, polyethylene glycol, sunflower oil, paraffin wax, paraffin oil, mineral oil, glycerin, EPDM rubber, and EVA polymer;
   2. Initiators;
   3. Promoters;
   4. Unrecovered catalysts;
   5. Fillers;
   6. Antistatic agents;
   7. Flame retardants;
   8. Anti-blocking agents;
   9. Slip agents;
   10. Blowing agents;
   11. Cross-linking agents;
   12. Antioxidants;
   13. Carbon black; or
   14. Colorants.
3. General purpose polystyrene (GPPS), medium-impact polystyrene (MIPS), high-impact polystyrene (HIPS), and super high-impact polystyrene (SHIPS) with any of the following additives:
   1. Unrecovered catalysts;
   2. Internal lubricants;
   3. Chain transfer/transition agents;
   4. Stabilizers;
   5. Diluents;
   6. Colorants;
   7. Aluminum chloride, ethyl chloride, hydrochloric acid;
   8. Iron oxide, potassium oxide, chromium oxide; or
   9. Bifunctional peroxides.
4. Acrylonitrile butadiene styrene (ABS), with any of the following additives:
   1. The plasticizers hydrocarbon processing oil, triphenyl phosphate, resorcinol bis(diphenyl phosphate), oligomeric phosphate, long chain fatty acid esters and aromatic sulfonamide;
   2. Stabilizers;
   3. Lubricants;
   4. Antioxidants;
   5. Molecular weight regulators;
   6. Initiators/unrecovered catalysts,
   7. Activators;
   8. Emulsifiers; or
   9. Colorants.

What does this mean?

The exemption relieves toys and child care article manufacturers using the specified plastics with additives that are listed above from the CPSIA Section 108 phthalate content testing requirement at a CPSC-accepted third-party lab.

However, it should be noted that  children’s toys and child care articles must still comply with the substantive phthalates content limits in section 108 of the CPSIA, regardless of any relief from third-party testing requirements. Additionally, the manufacturer must issue a certificate (Children’s Product Certificate) stating that the product complies with the CPSC requirements.

When will this go in effect?

This rule will become effective September 29, 2017, 30 days from the publication of the final rule in the Federal Register.

The final rule can be reviewed at: https://www.gpo.gov/fdsys/pkg/FR-2017-08-30/pdf/2017-18387.pdf

For questions, please contact Dr. Pratik Ichhaporia (pratik.ichhaporia@intertek.com, +1-847-212-8273).