INTERIM ENFORCEMENT POLICY ALSO ANNOUNCED BY THE AGENCY
WASHINGTON, D.C. – STARTING ON FEBRUARY 10, 2009, CERTAIN CHILDREN’S TOYS AND CHILD CARE ARTICLES CAN NO LONGER BE SOLD, OFFERED FOR SALE, MANUFACTURED OR IMPORTED FOR SALE IN THE UNITED STATES IF THEY CONTAIN MORE THAN 0.1% OF SPECIFIED PHTHALATES. THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK RULED LAST WEEK THAT THIS PROHIBITION APPLIES REGARDLESS OF WHEN THE COVERED PRODUCTS WERE MADE.
U.S. CONSUMER PRODUCT SAFETY COMMISSION (CPSC) STAFF HAS PREVIOUSLY ADDRESSED A NUMBER OF QUESTIONS CONCERNING APPLICABILITY OF PHTHALATE LIMITS. CPSC TODAY IS ISSUING MORE GUIDANCE IN DRAFT FORM (PDF) FOR PUBLIC COMMENT. THE GUIDANCE IS INTENDED TO HELP MANUFACTURERS, IMPORTERS, RETAILERS AND CONSUMERS DETERMINE WHAT PRODUCTS ARE COVERED BY THE PHTHALATE LIMITS.
UNTIL THE DRAFT GUIDANCE IS FINALIZED, CPSC INTENDS, GIVEN ITS LIMITED RESOURCES, TO FOCUS ITS ENFORCEMENT EFFORTS ON THE PRODUCTS MOST LIKELY TO POSE A RISK OF PHTHALATE EXPOSURE TO CHILDREN. SPECIFICALLY, CPSC WILL FOCUS ITS ENFORCEMENT EFFORTS ON BATH TOYS AND OTHER SMALL, PLASTIC TOYS (ESPECIALLY THOSE MADE OF POLYVINYL CHLORIDE) THAT ARE INTENDED FOR YOUNG CHILDREN AND CAN BE PUT IN THE MOUTH.
IN ADDITION, CPSC STAFF WILL SAMPLE TEETHERS, RATTLES AND PACIFIERS TO CONFIRM THAT MANUFACTURERS CONTINUE THEIR PRACTICE OF NOT USING PROHIBITED PHTHALATES.
meredith Anders says
As a mother that has been trying to avoid phthalates for many years I am so glad that it is finally going to get easier! Some other moms and I opened a store last years that sells organic and non toxic toys clothes etc. We really want to support the local moms-trying to stay home and spend more time with there kids-who make great simple non toxic/organic products in there home. The problem is that they cannot afford to get there products tested. We need government subsidized independent labs or grants for small or very small craftspeople! Also maybe is the materials that they use could be approved…and as long as they stick with these materials and the materials have a certificate they could sell there creations.
Another issue that must be addressed is food packaging! what about canned foods and foods wrapped in plastic. They are surely intended to be consumed by children under the age of twelve. This is a major source questionable substances accumulating in our children’s bodies and the bodies of breastfeeding mothers. Shouldn’t this be addressed with this same bill?
Thank you for asking for public input! Meredith