U.S. – CPSC Approves 16 CFR 1253 to Exempt Unfinished Manufactured Fibers from CPSIA Phthalates and ASTM F963 Heavy Elements Third-Party Testing Requirements

Vol. 1160 | 02 Jun 2020

On May 5, 2020, the U.S. Consumer Product Safety Commission (CPSC) voted unanimously to exempt certain unfinished manufactured fibers from the 16 CFR 1307 phthalate content requirement and the ASTM F963 soluble elements testing requirements, to provide manufacturers relief from third-party testing requirements. The rule is effective July 1, 2020, 30 days from the publication of the rule in the federal register.

Unfinished Manufactured Fiber, as defined in the final rule is “one that has no chemical additives beyond those required to manufacture the fiber.” Such an unfinished manufactured fiber is hence free of any additives added to impart color or other desirable properties, such as flame retardancy.

The CPSC worked with the Toxicology Excellence for Risk Assessment (TERA), a contractor, to conduct literature review on the production of certain undyed manufactured fibers to evaluate whether they contain any of the heavy elements restricted by ASTM F963 and 16 CFR 1250, as well as the phthalates restricted by 16 CFR 1307.

Following the study, the CPSC has determined that exempting the following unfinished manufactured fibers is warranted.

• ASTM F963 soluble elements for children’s toys made from:
  • Nylon
  • Polyurethane (Spandex)
  • Viscose rayon
  • Acrylic
  • Modacrylic
  • Natural rubber latex

• Phthalate content per 16 CFR 1307 for children’s toys and childcare articles made from:
  • Polyester (polyethylene terephthalate, PET)
  • Nylon
  • Polyurethane (Spandex)
  • Viscose rayon
  • Acrylic
  • Modacrylic
  • Natural rubber latex

It should be noted that for accessible component parts of children’s toys and childcare articles subject to sections 106 and 108 of the Consumer Product Safety Improvement Act, compliance to the specified content limits is always required, regardless of any testing exemptions.

The final rule can be reviewed at: https://www.govinfo.gov/content/pkg/FR-2020-06-01/pdf/2020-09991.pdf

For questions, please contact Laxmi Ravikumar (laxmi.ravikumar@intertek.com, +1- 630-209-9265) or Dr. Pratik Ichhaporia (pratik.ichhaporia@intertek.com, +1-847-212-8273).