Prohibition of Children's Toys and Child Care Articles Containing Specified Phthalates

Proposed Rule: TBD


The proposed rule would establish a new regulation on the use of specified phthalates in children’s toys and child care articles. Section 108(a) of the CPSIA permanently prohibited the manufacture for sale, offer for sale, distribution in commerce, or importation into the United States of any “children's toy or child care article” that contains concentrations of more than 0.1 percent of di(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or butyl benzyl phthalate (BBP).


The proposed rule would expand the list of permanently banned phthalates for any “children's toy or child care article” to include any of the following phthalates containing concentrations of more than 0.1 percent, computed individually: diisononyl phthalate (DINP), diisobutyl phthalate (DIBP), di-n-pentyl phthalate (DPENP), di-n-hexyl phthalate (DHEXP), and dicyclohexyl phthalate (DCHP).


 Section 108 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), required the United States Consumer Product Safety Commission (Commission or CPSC) to convene a Chronic Hazard Advisory Panel (CHAP) to study the effects on children's health of all phthalates and phthalate alternatives as used in children's toys and child care articles and to provide recommendations to the Commission regarding whether any phthalates or phthalate alternatives other than those already permanently prohibited should be prohibited. The CPSIA required the Commission to promulgate a final rule after receiving the final CHAP report. The Commission is proposing this rule pursuant to section 108(b) of the CPSIA.


On August 14, 2008, Congress 
enacted the Consumer Product Safety 
Improvement Act of 2008 (CPSIA), 
Public Law 110–314. Section 108 of the 
CPSIA, as amended by Public Law 112– 
28, provides that the prohibition on 
specified products containing 
phthalates does not apply to any 
component part of children’s toys or 
child care articles that is not accessible 
to a child through normal and 
VerDate Mar<15>2010 13:27 Jul 30, 2012 Jkt 226001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\31JYP1.SGM 31JYP1
emcdonald on DSK67QTVN1PROD with PROPOSALS
EP31JY12.000</GPH>45298  Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules 
reasonably foreseeable use and abuse of 
such product. In this document, the 
Consumer Product Safety Commission 
(CPSC or Commission) proposes 
guidance on inaccessible component 
parts in children’s toys or child care 
articles subject to section 108 of the 

Briefing Package: Proposed Rule on Prohibition of Children's Toys and Child Care Articles Containing Specified Phthalates


Related Documents

Video: Commission Meeting: Decision Matter - Phthalates - Notice of Proposed Rulemaking 

Video: Commission Meeting: Briefing Matter - Notice of Proposed Rulemaking 

Chronic Hazard Advisory Panel (CHAP) On Phthalates

Phthalates Business Guidance

Phthalates: Final Guidance on Inaccessible Component Parts, 16 CFR Part 1199