Pt. 1308 16 CFR Ch. II (1–1–21 Edition)

(b) In accordance with section (DINP), diisobutyl (DIBP), 108(b)(3) of the CPSIA, the manufacture di-n-pentyl phthalate (DPENP), di-n- for sale, offer for sale, distribution in hexyl phthalate (DHEXP), or commerce, or importation into the dicyclohexyl phthalate (DCHP) is pro- United States of any children’s toy or hibited. Materials used in children’s child care article that contains con- toys and child care articles subject to centrations of more than 0.1 percent of section 108(a) of the CPSIA and 16 CFR (DINP), part 1307 must comply with the third diisobutyl phthalate (DIBP), di-n- party testing requirements of section pentyl phthalate (DPENP), di-n-hexyl 14(a)(2) of the Consumer Product Safe- phthalate (DHEXP), or dicyclohexyl ty Act (CPSA), unless listed in § 1308.2. phthalate (DCHP) is prohibited. [83 FR 3585, Jan. 26, 2018, as amended at 83 (c) In accordance with section 108(c) FR 34765, July 23, 2018] of the CPSIA, the restrictions stated in paragraphs (a) and (b) of this section § 1308.2 Determinations for specified apply to any plasticized component . part of a children’s toy or child care ar- (a) The following plastics do not ex- ticle or any other component part of a ceed the content limits with children’s toy or child care article that a high degree of assurance as that term is made of other materials that may is defined in 16 CFR part 1107: contain phthalates. (1) (PP), with any of [82 FR 49982, Oct. 27, 2017, as amended at 83 the following additives: FR 34764, July 23, 2018] (i) The polybutenes, dioctyl sebacate, isooctyl tallate, par- PART 1308—PROHIBITION OF CHIL- affinic, naphthenic, and mineral plasti- DREN’S TOYS AND CHILD CARE cizing oils, and polyol; (ii) Unrecovered catalysts; ARTICLES CONTAINING SPECI- (iii) Fillers; FIED PHTHALATES: DETERMINA- (iv) Primary and secondary anti- TIONS REGARDING CERTAIN oxidants; PLASTICS (v) Neutralizing agents; (vi) Antistatic agents; Sec. (vii) Slip agents; 1308.1 Prohibited children’s toys and child (viii) Metal deactivators; care articles containing specified (ix) Quenchers; phthalates and testing requirements. (x) UV stabilizers; 1308.2 Determinations for specified plastics. (xi) Nucleating agents; AUTHORITY: Sec. 3, Pub. L. 110–314, 122 Stat. (xii) Flame retardants; 3016; 15 U.S.C. 2063(d)(3)(B). (xiii) Blowing or foaming agents; SOURCE: 82 FR 41171, Aug. 30, 2017, unless (xiv) Antiblocking agents; otherwise noted. (xv) Lubricants; or (xvi) Colorants. § 1308.1 Prohibited children’s toys and (2) (PE), with any of child care articles containing speci- the following additives: fied phthalates and testing require- (i) The plasticizers glyceryl ments. tribenzoate, polyethylene glycol, sun- Section 108(a) of the Consumer Prod- flower oil, paraffin wax, paraffin oil, uct Safety Improvement Act of 2008 mineral oil, glycerin, EPDM rubber, (CPSIA) permanently prohibits any and EVA polymer; children’s toy or child care article that (ii) Initiators; contains concentrations of more than (iii) Promoters; 0.1 percent of di-(2-ethylhexyl) phthal- (iv) Unrecovered catalysts; ate (DEHP), (DBP), (v) Fillers; or (BBP). In ac- (vi) Antistatic agents; cordance with section 108(b)(3) of the (vii) Flame retardants; CPSIA, 16 CFR part 1307 prohibits any (viii) Anti-blocking agents; children’s toy or child care article that (ix) Slip agents; contains concentrations of more than (x) Blowing agents; 0.1 percent of diisononyl phthalate (xi) Cross-linking agents;

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(xii) Antioxidants; PART 1401—SELF PRESSURIZED (xiii) Carbon black; or CONSUMER PRODUCTS CON- (xiv) Colorants. TAINING (3) General purpose CHLOROFLUOROCARBONS: RE- (GPPS), medium-impact polystyrene QUIREMENTS TO PROVIDE THE (MIPS), high-impact polystyrene COMMISSION WITH PERFORM- (HIPS), and super high-impact poly- ANCE AND TECHNICAL DATA; styrene (SHIPS) with any of the fol- lowing additives: REQUIREMENTS TO NOTIFY CON- (i) Unrecovered catalysts; SUMERS AT POINT OF PURCHASE (ii) Internal lubricants; OF PERFORMANCE AND TECH- (iii) Chain transfer/transition agents; NICAL DATA (iv) Stabilizers; Sec. (v) Diluents; 1401.1 Scope. (vi) Colorants; 1401.2 Purpose. (vii) Aluminum chloride, ethyl chlo- 1401.3 Definitions. ride, hydrochloric acid; 1401.4 [Reserved] 1401.5 Providing performance and technical (viii) Iron oxide, potassium oxide, data to purchasers by labeling. chromium oxide; or 1401.6 Effective date.

(ix) Bifunctional peroxides. AUTHORITY: Secs. 2(b), 27(e), Pub. L. 92–573, (4) Acrylonitrile butadiene styrene 86 Stat. 1208, 1228 (15 U.S.C. 2051(b), 2076(e)). (ABS), with any of the following addi- SOURCE: 42 FR 42783, Aug. 24, 1977, unless tives: otherwise noted. (i) The plasticizers hydrocarbon proc- essing oil, triphenyl phosphate, resor- § 1401.1 Scope. cinol bis(diphenyl phosphate), This part 1401 establishes require- oligomeric phosphate, long chain fatty ments under section 27(e) of the Con- acid esters and aromatic sulfonamide; sumer Product Safety Act (15 U.S.C. (ii) Stabilizers; 2076(e)) for marketers and importers of (iii) Lubricants; self-pressurized consumer products (iv) Antioxidants; that contain chlorofluorocarbons as (v) Molecular weight regulators; propellants to provide notification of (vi) Initiators/unrecovered catalysts, certain performance and technical data (vii) Activators; to prospective purchasers of such prod- ucts at the time of original purchase (viii) Emulsifiers; or and to the first purchaser of such prod- (ix) Colorants. ucts for purposes other than resale. (b) Accessible component parts of The notification shall consist of a label children’s toys and child care articles on the product stating that it contains made with the specified plastics, and a chlorofluorocarbon that may harm specified additives, listed in paragraph the public health and environment by (a) of this section are not required to reducing the ozone in the upper atmos- be third party tested pursuant to sec- phere. Also, manufacturers and import- tion 14(a)(2) of the CPSA and 16 CFR ers must provide the commission with part 1107. reports identifying which of the self- (c) Accessible component parts of pressurized consumer products sold by children’s toys and child care articles them contain chlorofluorocarbon pro- made with a or additives not pellants. listed in paragraph (a) of this section § 1401.2 Purpose. that are plasticized or may contain phthalates are required to be third Chlorofluorocarbons are used as pro- party tested pursuant to section pellants in self-pressurized containers 14(a)(2) of the CPSA and 16 CFR part of a variety of products subject to the 1107. Commission’s jurisdiction. Scientific research has indicated that chlorofluorocarbons may pose a risk of depletion of ozone in the stratosphere.

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