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Section 108. Products Containing Certain Phthalates


Requests for Comments and Information

Notice of Availability of a Statement of Policy: Testing of Component Parts with Respect to Section 108 of the CPSIA, (CPSC Docket Number: CPSC-2009-0063), August 17, 2009 - Comments due by September 16, 2009 [TEXT] [PDF]

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Requests for Action

Letter to National Academy of Sciences regarding nominees for a Chronic Hazard Advisory Panel (CHAP) to examine potential effects on children’s health of phthalates as used in children’s toys and articles, February 10, 2009 [PDF]

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Commissioner's Statements

Statement of Chairman Inez M. Tenenbaum on the Statement of Policy regarding Component Part Testing for Phthalates, August 7, 2009 [PDF]

Statement of Commissioner Nancy Nord on Section 108 of the CPSIA regarding Phthalates Component Testing, August 7, 2009 [PDF]

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Stays of Enforcement

CPSC Grants One Year Stay of Testing and Certification Requirements for Certain Products (Federal Register Notice, February 9, 2009 [PDF])

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General Counsel Advisory Opinions

Section 108 Phthalates and "Wearing Apparel" [PDF]

Section 108 and Shoes [PDF]

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Legal (Court) Rulings

Phthalates Ruling: Memorandum Opinion and Order in National Resources Defense Council v. US CPSC, February 5, 2009 [PDF]

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Requirements and Guidelines

Statement of Policy: Testing of Component Parts with respect to Section 108 of the CPSIA, August 7, 2009 [PDF]

CPSC Developing Practical Guidance For Meeting Phthalates Requirements In New Child Safety Law; Public Input Sought; Interim enforcement policy also announced by the agency, February 12, 2009

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Test Procedures

Test Method: CPSC-CH-C1001-09.2 – Standard Operation Procedure for Determination of Phthalates, July 27, 2009 [PDF]

Test Method: CPSC-CH-C1001-09.1, Standard Operating Procedure for Determination of Phthalates, (updated with technical correction to equipment list), March 3, 2009 [PDF]

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Press Releases

CPSC Developing Practical Guidance For Meeting Phthalates Requirements In New Child Safety Law; Public Input Sought; Interim enforcement policy also announced by the agency, February 12, 2009

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Records of Commission Action, Ballot Votes, and Staff Briefing Packages

Chronic Hazard Advisory Panel Questionnaire (Ballot Vote Sheet), May 4, 2009 [PDF]

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Public Meetings

Phthalates, March 12, 2009

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Staff Presentations

Lead, Phthalates, and the CPSIA, CPSC Staff Presentation Slides, Prepared by CPSC staff for presentation at the 2009 Annual Meeting of the International Consumer Product Health and Safety Organization (ICPHSO), February 26, 2009, Orlando, Florida [PDF]

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Federal Register Notices

(You can find active requests for comments and information above)

Draft Federal Register Notice: Notice of Availability of a Statement of Policy: Testing of Component Parts with respect to Section 108 of the CPSIA, August 7, 2009 [PDF]

Correction: Notice of Availability of Draft Guidance Regarding Which Children’s Products are Subject to the requirements of CPSIA Section 108, March 9, 2009 [TEXT] [PDF]

Notice of Availability of Draft Guidance Regarding Which Children’s Products are Subject to the Requirements of CPSIA Section 108; Request for Comments and Information, February 23, 2009 – Comments due by March 25, 2009 [TEXT] [PDF]

Prohibition on the Sale of Certain Products Containing Specified Phthalates – CPSIA Section 108 - COMMENT REQUEST, January 12, 2009 [PDF]

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Public Comments

Prohibition on the Sale of Certain Products Containing Specified Phthalates, Part 1 [PDF]

Prohibition on the Sale of Certain Products Containing Specified Phthalates, Part 2 [PDF]

Notice of Availability of Draft Guidance Regarding Which Children’s Products are Subject to the Requirements of CPSIA Section 108, Part 1 [PDF]

Notice of Availability of Draft Guidance Regarding Which Children’s Products are Subject to the Requirements of CPSIA Section 108, Part 2 [PDF]

Notice of Availability of Draft Guidance Regarding Which Children’s Products are Subject to the Requirements of CPSIA Section 108, Part 3 [PDF]

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Frequently Asked Questions (FAQs)

What kind of products does the phthalates prohibition apply to?

Does the phthalate prohibition apply to inaccessible parts?

Does the prohibition on phthalates apply to jewelry?

Is compliance to the limits of 0.1% for the six banned phthalates based on an analysis for all six regulated phthalates in combination or for each banned phthalate individually?

How do you determine whether a product is a children’s toy for purposes of compliance with the phthalate limits?

How do you determine whether a product is a child care article for purposes of compliance with the phthalates limits?

How do I know whether a toy may be placed in a child’s mouth?

Does the packaging of a product have to comply with the phthalates ban? Does it matter if the packaging is normally discarded (e.g. poly bag and blister packaging) or intended to be reused (e.g., heavy gauge reusable bag with zipper closure to store a set of blocks)?

If a cosmetic material is used in a toy set which has play value would it be classified as a part of the toy and therefore subject to the ban on phthalates?

May a manufacturer use a phthalate that is not banned or an alternative plasticizer in a children’s toy or child care article.

Do the phthalate limits apply to children’s shoes or socks?

Are personal flotation devices, such as life jackets, subject to the CPSIA? Specifically, are such products that are made for, and used by, children considered to be children’s products under the CPSIA?

Would such items as pool toys and beach balls be considered children’s toys under the CPSIA?

What certifications are required for children’s toys and child care articles subject to the phthalates ban?

If you have a “children’s toy” or ‘child care article” with possible banned phthalates, do you have to issue a general conformity certificate on November 12, 2008, even though the phthalate ban is not effective?

How will CPSC select members of the Chronic Hazard Advisory Panel (CHAP), and ensure that the members are independent and objective?

Does the CPSC staff know of any test methods that would be suitable to determine phthalate content as part of a “reasonable testing program” as required for general conformity certification?

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For more information on the CPSIA contact the Consumer Product Safety Commission at http://www.cpsc.gov/cgibin/newleg.aspx.

This document is an unofficial description of one of the sections of the CPSIA and does not replace or supersede the statutory requirements of the new legislation. The dates used follow the legislation. Some may be subject to change based on final Commission action. These summaries are those of the CPSC staff and have not been reviewed or approved by, and may not necessarily reflect the views of the Commission.