CPSC to Exempt Certain Plastics from Phthalates Testing for Toys & Children’s Products

August 9, 2016 | As part of its mandate to reduce third-party testing costs for toy and children’s product manufacturers, the U.S. Consumer Product Safety Commission (CPSC) is set to vote this week on a Notice of Proposed Rulemaking exempting four plastics from phthalates testing.  The Toy Industry Association (TIA) has led advocacy on this issue for the past few years and is pleased to share that this rulemaking will likely have a positive impact on the toy industry by reducing testing costs.

The proposed rule determines that polypropylene, polyethylene, high impact polystyrene and acrylonitrile butadiene styrene (ABS) do not contain specified phthalates prohibited in children’s toys and child care articles. Based on this determination, companies would not be required to have these specific plastics tested for the banned phthalates at third-party laboratories, although they must continue to comply with the 0.1% limit for each of the six currently-restricted phthalates.

Over the past few years, TIA and its members have provided agency staff and lawmakers with comments, data, testimony and more to encourage the reduction or elimination of unnecessary testing and testing costs.

“We are encouraged to learn that CPSC has taken this step and look forward to seeing the rule once it is finalized,” said Alan Kaufman, TIA’s SVP of technical affairs. “TIA plans to continue our work with the agency to reduce third-party testing burdens in ways that are meaningful to small companies without compromising the safety assurance that third-party testing provides.”

Once CPSC votes on the rulemaking, a draft rule will be published in the Federal Register with a 75-day public comment period. TIA staff will review and comment on the draft rule to ensure that it provides relief to toy companies.

TIA members will be kept apprised of developments. Questions on this matter may be directed to TIA’s Autumn Moore, TIA’s manager of standards and regulatory affairs.