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CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

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USA: CPSC reduces testing burden on heavy elements and phthalates for certain fibers

OCTOBER 2019 - Relevant for: TOYS AND children's products

On 9 October 2019, the U.S. Consumer Product Safety Commission (CPSC) launched a public consultation1 proposing to waive third party testing of ASTM F963 elements and phthalates for certain unfinished manufactured fibers in children’s toys and child care articles. Submission of comments is opened until 23 December 2019.

16 CFR would be amended to include a new part 1253; the Commission suggests a 30 day effective date after the publication of a final rule in the Federal Register.

The proposed rule defines “unfinished manufactured fiber” as fiber that has no chemical additives beyond those required to manufacture it. Supported by a research project that focused on the possibility of the ASTM F963 elements and specified phthalates being present in seven manufactured fibers, the Commission concludes that certain fibers would not contain those chemicals in levels that exceed the regulatory limits.

In recent years, the Commission has waived third party testing for other materials commonly used in industry, such as seven plastics2 and engineered wood products3.

Summary of proposed 16 CFR part 1253

Requirement

 

 

Reference

 

Scope

 

Applicable material

 

Unfinished manufactured fiber exempted

 

ASTM F963 elements

 

Elements

 

Solubility limit 

16 CFR 1250

 

Children’s toy that can be sucked, mouthed, or ingested

 

Surface coatings;
accessible substrates

 

1. Nylon;
2. Polyurethane (Spandex);
3. Viscose Rayon;
4. Acrylic and Modacrylic;
5. Natural Rubber Latex.

  • Antimony (Sb)
  • Arsenic (As)
  • Barium (Ba)
  • Cadmium (Cd)
  • Chromium (Cr)
  • Lead (Pb)
  • Mercury (Hg)
  • Selenium (Se)
  • 60 ppm
  • 25 ppm
  • 1000 ppm
  • 75 ppm
  • 60 ppm
  • 90 ppm
  • 60 ppm
  • 500 ppm  

Phthalates

 

Substances

 Limit

 

 

 

 

Di-(2-ethylhexyl) phthalate (DEHP)

  • Dibutyl phthalate (DBP)
  • Benzyl butyl phthalate (BBP)
  • Diisononyl phthalate (DINP)
  • Diisobutyl phthalate (DIBP)
  • Di-n-pentyl phthalate (DPENP)
  • Di-n-hexyl phthalate (DHEXP)
  • Dicyclohexyl phthalate (DCHP)

 0.1% each

16 CFR 1307

 

Children’s toy;
Child care article

 

Plasticised component

 
  1. Polyester (polyethylene terephthalate, PET);
  2. Nylon;
  3. Polyurethane (Spandex);
  4. Viscose Rayon;
  5. Acrylic and Modacrylic;
  6. Natural Rubber Latex.

 

It should be noted that even if the proposed rule is implemented, manufacturers or importers should always assure the product’s compliance irrespective of any testing exemptions, and a certificate is required. Accessible manufactured fibers that have other materials (e.g., colourants, flame retardants) added on them fall outside of the proposed scope and would be subject to third party testing requirements.

[1] Notice of proposed rulemaking regarding 16 CFR 1253

[2] USA: CPSC updates the laboratory acceptance and exemption on certain plastics for final phthalates rules, Feb 2018

[3] USA CPSC relieves engineered wood products from third party testing, July 2018

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