Section 108 of the U.S. Consumer Product Safety Improvement Act (CPSIA) restricts the levels of phthalates in children's toys and child care products. Three phthalates (DEHP, DBP, and BBP) are permanently banned, and their permitted concentration in children's toys and child care products is 0.1%. Three other temporarily banned substances—DINP, DIDP, and DnOP—must be present in concentrations not exceeding 0.1% in children's toys and child care products that are likely to be put in a child's mouth. This ban took effect on February 10, 2009.
The following definitions, such as “children’s toys,” “children’s toys that can be put in a child’s mouth,” and “child care products,” are detailed in Chapter 108. It should be noted that these definitions apply only to Chapter 108 of the CPSIA.
The U.S. Consumer Product Safety Commission (CPSC) has received numerous inquiries from manufacturers potentially affected by the bill. Therefore, the Commission is currently developing guidelines for manufacturers to determine whether their products must comply with the bill's requirements. It is understood that products already regulated by other federal agencies, such as food, cosmetics, and medical devices, generally do not fall under the category of "consumer products." However, items like baby pacifiers and cups are subject to the jurisdiction of both the CPSC and the FDA (Food and Drug Administration). The FDA regulates additives indirectly added to food, such as chemicals that may be released from the container into food or beverages; while the CPSC regulates the exterior of the product, i.e., the parts that directly contact the consumer.
“ Children’s Toy ” is defined in CPSIA Chapter 108 as: a consumer product designed specifically for children under 12 years of age. The following points serve as the basis for determining whether a product is specifically designed for or is expected to be provided for children under 12 years of age:
#The intended use of the product is for children to play with, including whether the instructions on the product label are reasonable;
#Are the product packaging, display, promotion, or advertising methods appropriate for the target age group?
Consumers generally believe that this product is for children of a specific age group;
#The determination is based on the Age Determination Guidelines published by the committee members in September 2002.
In addition, regarding the definition of toys, the CPSC committee also refers to the ASTM F963-07 toy safety standard, and the CPSIA listed ASTM F963 as a mandatory standard for the CPSC on February 10, 2009. According to the ASTM F963 standard, the following products do not fall under the definition of toys:
#bicycle
#tricycle
#Slingshots and Darts
#Amusement Park Equipment
#Toy guns (non-powder guns)
#Kite
Art supplies, models, and collectibles are primarily not intended for play or entertainment.
#Sports equipment, camping products, sports equipment (such as basketballs, baseballs, soccer balls, and rugby balls), musical instruments, and furniture (excluding toy versions).
#Models of electrically powered airplanes, rockets, ships, and land vehicles
In the future, the CPSC will also provide guidance for manufacturers affected by the CPSIA. The original consultation document is attached and can be downloaded from there.
– Reference source: CPSC website
Other related files can be downloaded:
draftphthalatesguidance 2009-02-16.pdf
