Trade Law Daily is a Warren News publication.

CPSC Again Cancels Discussion of Partial Lifting of Phthalates Stay

For the second time, the Commissioners of the Consumer Product Safety Commission have canceled their scheduled discussion of the “Interim Policy and Partial Lifting of the Stay on Testing and Certification of Children’s Toys and Child Care Articles to the Phthalates Limits."

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

(See ITT’s Online Archives or 07/07/10 news, 10070634, for BP summary of the first delay.)

Discussion Postponed Until Later Date

According to CPSC sources, the Commissioners agreed to postpone their discussion of this topic, but have not yet decided on a new date to meet.

(In February 2009, CPSC stayed for one year enforcement of the testing and certification requirements1 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) for many products and product safety rules, including the phthalate bans2 in children’s toys and child care articles. Later, in December 2009, the agency revised the terms of the stay by lifting it for some CPSC regulations and extending it for others. The phthalates bans fell under the category of product safety rules for which the testing/certification stay was extended until further notice by CPSC.

The agency appears to be considering a partial lifting of this testing and certification stay for phthalates in children’s toys and child care articles.)

1Domestic manufacturers (if the product is domestic) and importers (if the product is imported) of children’s products are required to issue a certificate based on testing by a CPSC-accredited third-party lab, which certifies that the product complies with all applicable children’s product safety rules.

2The CPSIA imposed both permanent and interim bans on certain phthalates in specified children's products beginning February 10, 2009 as follows: (1) children's toys or child care articles containing more than 0.1% of benzyl butyl phthalate (BBP), dibutyl phthalate (DBP), or di-(2-ethylhexyl) phthalate (DEHP) were permanently prohibited; and (2) children's toys that can be placed in a child's mouth or child care articles containing more than 0.1% of diisodecyl phthalate (DIDP), diisononyl phthalate (DINP), or di-n-octyl phthalate (DnOP) were prohibited, on an interim basis until the CPSC determines whether to continue the ban.