CPSC Phthalates Panel to Hold Fourth Meeting March 30-31
The Consumer Product Safety Commission has announced the fourth meeting of the Chronic Hazard Advisory Panel (CHAP) on phthalates and phthalate substitutes on March 30-31, 2011. The panel, which is required by the Consumer Product Safety Improvement Act of 2008 (CPSIA), is studying phthalates and phthalate alternatives as used in children’s toys and child care articles. Its findings will be used to inform a future CPSC rulemaking on the topic.
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(The CHAP met previously in April, July, and December 2010 and held a teleconference in November. See ITT’s Online Archives or 05/07/10, 06/03/10, 11/16/10 and 11/29/10 news, 10050719, 10060327, 10111615, and 10112921 for BP summaries.)
CPSIA Banned Certain Phthalates, Required CHAP to Study Issue
The CPSIA permanently prohibits the sale of any “children’s toy or child care article” containing more than 0.1% of each of three specified phthalates: di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), and benzyl butyl phthalate (BBP). It prohibits, on an interim basis, the sale of any “children’s toy that can be placed in a child’s mouth” or “child care article” containing more than 0.1% of each of three additional phthalates: diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), and di-n-octyl phthalate (DnOP).
In addition, the CPSIA required CPSC to convene a CHAP (composed of scientists) to study the effects on children’s health of all phthalates and phthalate alternatives as used in children’s toys and child care articles. The CHAP must complete an examination of the full range of phthalates that are used in products for children and examine their potential health effects; consider the cumulative effect of total exposure to phthalates; etc. (See notice for complete list of CHAP tasks.)
CHAP May Recommend Further Phthalate Bans or Restrictions
According to CPSC, the CHAP must make recommendations to CPSC on which phthalates (or combinations of phthalates) in addition to those identified in the CPSIA or phthalate alternatives that the panel determines should be prohibited from use in children’s toys or child care articles or otherwise restricted.
CPSC to Consider CHAP Findings, Issue Final Rule on Phthalate Bans
The CPSIA states that not later than six months after receiving the CHAP’s report, CPSC must promulgate a final rule to:
- determine whether to continue the CPSIA interim phthalate ban (on DIDP, DINP, and DnOP) in order to ensure a reasonable certainty of no harm to children, pregnant women, or other susceptible individuals with an adequate margin of safety; and
- evaluate the findings and recommendations of the panel and as CPSC determines it necessary to protect the health of children, declare any children’s product containing any phthalates to be a banned hazardous product.
4th Meeting Will Cover Progress on Analyzing Risks, Public Can Only Listen
The March 2011 meeting will include discussion of the CHAP’s progress toward its analysis of potential risks from phthalates and phthalate substitutes. There will not be any opportunity for public comment at the March 30--31 meeting.
(The CPSIA contemplates completion of the CHAP’s examination within 18 months of its appointment, or approximately October 2011. It then has an additional six months to complete its report, or until approximately April 2012.)
CPSC contact -- Michael Babich (301) 504--7253
(FR Pub 03/15/11)