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Home , Benzyl butyl phthalate

§ 1306.5 16 CFR Ch. II (1–1–18 Edition)

from other products. Lawn darts will PART 1307—PROHIBITION OF CHIL- not be available through commercial DREN’S TOYS AND CHILD CARE channels after the effective date of the ARTICLES CONTAINING SPECI- ban. FIED ; (eff. 4-25-18) (e) Alternatives. (1) The Commission considered various labeling require- Sec. ments and limitations on the mar- 1307.1 Scope and application. keting of lawn darts that would be in- 1307.2 Definitions. tended to discourage the marketing of 1307.3 Prohibition on children’s toys and the product to children and the use of child care articles containing specified phthalates. the product by children. The Commis- sion concluded, however, that these AUTHORITY: Sec. 108, Pub. L. 110–314, 122 Stat. 3016 (August 14, 2008); Pub. L. 112–28, 125 types of requirements would not pre- Stat. 273 (August 12, 2011). clude substantial use of the product by children and would not reduce ade- EFFECTIVE DATE NOTE: At 82 FR 49982, Oct. 27, 2017, part 1307 was added, effective Apr. 25, quately the risk of injury addressed by 2018. this rule. (2) The Commission also considered § 1307.1 Scope and application. the possibility of performance require- This part prohibits the manufacture ments for lawn darts to determine for sale, offer for sale, distribution in which lawn darts present an unreason- commerce or importation into the able risk of injury of skull penetration United States of any children’s toy or to children, but such requirements child care article containing any of the were determined not to be feasible. phthalates specified in § 1307.3. (f) Conclusion. The Commission finds: (1) That this rule, including its effec- § 1307.2 Definitions. tive date, is reasonably necessary to The definitions of the Consumer eliminate or adequately reduce the un- Product Safety Act (CPSA) (15 U.S.C. reasonable risk of skull puncture 2052(a)) and the Consumer Product wounds to children associated with Safety Improvement Act of 2008 lawn darts and will also eliminate or (CPSIA) (Pub. L. 110–314, sec. 108(g)) reduce the other injuries, including apply to this part. Specifically, as de- puncture wounds, that have been asso- fined in the CPSIA: (a) Children’s toy means a consumer ciated with this product. product designed or intended by the (2) That issuance of the rule is in the manufacturer for a child 12 years of age public interest. or younger for use by the child when (3) That no feasible consumer product the child plays. safety standard would adequately pro- (b) Child care article means a con- tect the public from the unreasonable sumer product designed or intended by risk associated with lawn darts. the manufacturer to facilitate sleep or (4) That the benefits expected from the feeding of children age 3 and this rule bear a reasonable relationship younger, or to help such children with to its costs. sucking or teething. (5) That the rule imposes the least burdensome requirement which pre- § 1307.3 Prohibition of children’s toys and child care articles containing vents or adequately reduces the risk of specified phthalates. injury for which the rule is being pro- mulgated. (a) As provided in section 108(a) of the CPSIA, the manufacture for sale, § 1306.5 Effective date. offer for sale, distribution in com- merce, or importation into the United This rule is effective December 19, States of any children’s toy or child 1988 and applies to all lawn darts in the care article that contains concentra- chain of distribution on or after that tions of more than 0.1 percent of di-(2- date. ethyhexyl) (DEHP), (DBP), or benzyl butyl phthalate (BBP) is prohibited.

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(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. (DINP), (DIBP), di-n- § 1308.2 Determinations for specified pentyl phthalate (DPENP), di-n-hexyl . 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) (PP), with any of apply to any plasticized component the following additives: part of a children’s toy or child care ar- (i) The 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) (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 (DIDP), or di-n- (GPPS), medium-impact polystyrene octyl phthalate (DnOP). Materials used (MIPS), high-impact polystyrene

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