Chairman Elliot Kaye convened the December 17, 2014, 10:00 a.m., meeting of the U.S. Consumer Product Safety Commission in open session. Commissioners Robert S. Adler, Marietta S. Robinson, Ann Marie Buerkle and Joseph Mohorovic were in attendance. Chairman Kaye made welcoming remarks and summarized the agenda for the meeting.
(Briefing package dated November 25, 2014, OS No. 4110)
After introducing the matter, Chairman Kaye called for any comments or questions on the matter. The Commissioners commented and asked questions of the staff on the matter. Dr. Michael Babich, Director, Division of Toxicology and Risk Assessment, Dr. Kent A. Carlson, Toxicologist, Division of Toxicology and Risk Assessment and David DiMatteo, Office of the General Counsel responded to questions.
Commissioners Buerkle and Mohorovic expressed concern that the CHAP did not include analysis from or consider the most recent NHANES data in their recommendation to the Commission. The NHANES data used in the CHAP report that was submitted to the Commission was from 2005-2006, with the most recent data available being from 2009-2010. Dr. Babich addressed their questions regarding this issue.
Chairman Kaye noted that the NHANES data is just one aspect of a cumulative study of the CHAP. Commissioner Robinson stressed that the 2005-2006 NHANES data is the most recent data available that focused on pregnant women, which was a primary focus of the study.
Commissioner Buerkle inquired about the resources necessary to have staff analyze the most recent data as she would like the public to be given an opportunity to review and comment on the new data before the comment period expires.
Chairman Kaye stated that Congress charged the Commissioners, staff & CHAP to study the cumulative effect of certain Phthalates.
Chairman Kaye called for motions. There being no motions, the Chairman moved to final consideration of the matter. Chairman Kaye called for the vote on the notice of proposed rulemaking on prohibition of children’s toys & child care articles containing specified phthalates. The Commission voted (3-2) to approve the notice of proposed rulemaking on prohibition of children’s toys & child care articles containing specified phthalates.
Chairman Kaye, Commissioners Adler and Robinson voted to approve the proposed rule and publish it in the Federal Register. Commissioners Buerkle and Mohorovic voted to not approve the proposed rule for publication in the Federal Register.
Chairman Kaye called for any closing statements. Each Commissioner gave closing statements.
There being no other business, Chairman Kaye adjourned the meeting at 11:40 a.m.
For the Commission:
Alberta E. Mills
Acting Secretary