493 Part 1308—Prohibition of Chil- Dren's Toys and Child Care Articles Containing Speci- Fied Phthalates: Determina- Tions R

Home , Benzyl butyl phthalate, Diisobutyl phthalate, Diisodecyl phthalate

Consumer Product Safety Commission § 1308.2

(b) In accordance with section in children’s toys and child care arti- 108(b)(3) of the CPSIA, the manufacture cles subject to section 108(a) and (b)(1) for sale, offer for sale, distribution in of the CPSIA must comply with the commerce, or importation into the third party testing requirements of United States of any children’s toy or section 14(a)(2) of the Consumer Prod- child care article that contains con- uct Safety Act (CPSA), unless listed in centrations of more than 0.1 percent of § 1308.2. diisononyl phthalate (DINP), diisobutyl phthalate (DIBP), di-n- § 1308.2 Determinations for specified pentyl phthalate (DPENP), di-n-hexyl plastics. phthalate (DHEXP), and dicyclohexly (a) The following plastics do not ex- phthalate (DCHP) is prohibited. ceed the phthalates content limits with (c) In accordance with section 108(c) a high degree of assurance as that term of the CPSIA, the restrictions stated in is defined in 16 CFR part 1107: paragraphs (a) and (b) of this section (1) Polypropylene (PP), with any of apply to any plasticized component the following additives: part of a children’s toy or child care ar- (i) The plasticizers polybutenes, ticle or any other component part of a dioctyl sebacate, isooctyl tallate, par- children’s toy or child care article that affinic, naphthenic, and mineral plasti- is made of other materials that may cizing oils, and polyol; contain phthalates. (ii) Unrecovered catalysts; (iii) Fillers; PART 1308—PROHIBITION OF CHIL- (iv) Primary and secondary anti- DREN’S TOYS AND CHILD CARE oxidants; ARTICLES CONTAINING SPECI- (v) Neutralizing agents; FIED PHTHALATES: DETERMINA- (vi) Antistatic agents; TIONS REGARDING CERTAIN (vii) Slip agents; PLASTICS (viii) Metal deactivators; (ix) Quenchers; (x) UV stabilizers; Sec. 1308.1 Prohibited children’s toys and child (xi) Nucleating agents; care articles containing specified (xii) Flame retardants; phthalates and testing requirements. (xiii) Blowing or foaming agents; 1308.2 Determinations for specified plastics. (xiv) Antiblocking agents; AUTHORITY: Sec. 3, Pub. L. 110–314, 122 Stat. (xv) Lubricants; or 3016; 15 U.S.C. 2063(d)(3)(B). (xvi) Colorants. (2) Polyethylene (PE), with any of SOURCE: 82 FR 41171, Aug. 30, 2017, unless otherwise noted. the following additives: (i) The plasticizers glyceryl § 1308.1 Prohibited children’s toys and tribenzoate, polyethylene glycol, sun- child care articles containing speci- flower oil, paraffin wax, paraffin oil, fied phthalates and testing require- mineral oil, glycerin, EPDM rubber, ments. and EVA polymer; Section 108(a) of the Consumer Prod- (ii) Initiators; uct Safety Improvement Act of 2008 (iii) Promoters; (CPSIA) permanently prohibits any (iv) Unrecovered catalysts; children’s toy or child care article that (v) Fillers; contains concentrations of more than (vi) Antistatic agents; 0.1 percent of di-(2-ethylhexl) phthalate (vii) Flame retardants; (DEHP), dibutyl phthalate (DBP), or (viii) Anti-blocking agents; benzyl butyl phthalate (BBP). Section (ix) Slip agents; 108(b)(1) of the CPSIA prohibits on an (x) Blowing agents; interim basis any children’s toy that (xi) Cross-linking agents; can be placed in a child’s mouth or (xii) Antioxidants; child care article that contains con- (xiii) Carbon black; or centrations of more than 0.1 percent of (xiv) Colorants. diisononyl phthalate (DINP), (3) General purpose polystyrene diisodecyl phthalate (DIDP), or di-n- (GPPS), medium-impact polystyrene octyl phthalate (DnOP). Materials used (MIPS), high-impact polystyrene

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(HIPS), and super high-impact poly- PART 1401—SELF PRESSURIZED styrene (SHIPS) with any of the fol- CONSUMER PRODUCTS CON- lowing additives: TAINING (i) Unrecovered catalysts; CHLOROFLUOROCARBONS: RE- (ii) Internal lubricants; QUIREMENTS TO PROVIDE THE (iii) Chain transfer/transition agents; COMMISSION WITH PERFORM- (iv) Stabilizers; ANCE AND TECHNICAL DATA; (v) Diluents; REQUIREMENTS TO NOTIFY CON- (vi) Colorants; SUMERS AT POINT OF PURCHASE (vii) Aluminum chloride, ethyl chlo- OF PERFORMANCE AND TECH- ride, hydrochloric acid; (viii) Iron oxide, potassium oxide, NICAL DATA chromium oxide; or Sec. (ix) Bifunctional peroxides. 1401.1 Scope. (4) Acrylonitrile butadiene styrene 1401.2 Purpose. (ABS), with any of the following addi- 1401.3 Definitions. tives: 1401.4 [Reserved] 1401.5 Providing performance and technical (i) The plasticizers hydrocarbon proc- data to purchasers by labeling. essing oil, triphenyl phosphate, resor- 1401.6 Effective date. cinol bis(diphenyl phosphate), AUTHORITY: Secs. 2(b), 27(e), Pub. L. 92–573, oligomeric phosphate, long chain fatty 86 Stat. 1208, 1228 (15 U.S.C. 2051(b), 2076(e)). acid esters and aromatic sulfonamide; SOURCE: 42 FR 42783, Aug. 24, 1977, unless (ii) Stabilizers; otherwise noted. (iii) Lubricants; (iv) Antioxidants; § 1401.1 Scope. (v) Molecular weight regulators; This part 1401 establishes require- (vi) Initiators/unrecovered catalysts, ments under section 27(e) of the Con- (vii) Activators; sumer Product Safety Act (15 U.S.C. (viii) Emulsifiers; or 2076(e)) for marketers and importers of (ix) Colorants. self-pressurized consumer products (b) Accessible component parts of that contain chlorofluorocarbons as children’s toys and child care articles propellants to provide notification of made with the specified plastics, and certain performance and technical data specified additives, listed in paragraph to prospective purchasers of such products at the time of original purchase (a) of this section are not required to and to the first purchaser of such prod- be third party tested pursuant to sec- ucts for purposes other than resale. tion 14(a)(2) of the CPSA and 16 CFR The notification shall consist of a label part 1107. on the product stating that it contains (c) Accessible component parts of a chlorofluorocarbon that may harm children’s toys and child care articles the public health and environment by made with a plastic or additives not reducing the ozone in the upper atmos- listed in paragraph (a) of this section phere. Also, manufacturers and import- that are plasticized or may contain ers must provide the commission with phthalates are required to be third reports identifying which of the self- party tested pursuant to section pressurized consumer products sold by 14(a)(2) of the CPSA and 16 CFR part them contain chlorofluorocarbon pro- 1107. pellants. § 1401.2 Purpose. Chlorofluorocarbons are used as propellants in self-pressurized containers of a variety of products subject to the Commission’s jurisdiction. Scientific research has indicated that chlorofluorocarbons may pose a risk of depletion of ozone in the stratosphere.

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