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Denmark: Revised Order on phthalates ban in toys and childcare articles in force now

JULY 2020 – RELEVANT FOR: TOYS AND CHILDREN'S PRODUCTS

Earlier this year, the Ministry of Environment and Food of Denmark proposed to amend the Order on the ban on phthalates in toys and childcare articles. The new Statutory Order No. 947 of 20 June 2020¹ has now been created and repealed its previous version – No. 855 of 5 September 2009 from 1 July 2020.

Under the new Order, instead of indicating the six original phthalates regulated by entry 51 and 52 of Annex XVII to REACH Regulation (EC) No 1907/2006, all restricted phthalates under these two entries are now excluded from it.

This Order applies to toys intended for use by children under 3 years of age and childcare articles that are expected to be put in the mouth of children under 3 years of age, excluding food contact articles. Except the excluded phthalates, all other phthalates are prohibited to be present in the regulated products in concentration exceeding 500 mg/kg.

Phthalates in plastics has long been one of the focuses of the Danish Environment Protection Agency (EPA). Market surveillance activities had been carried out on toys² and PVC products purchased from online marketplaces³ previously. Depending on the level of risk posed, economic operators may be required to stop selling or recall the problematic products from end users. The authority may also notify on the EU rapid alert system – “Safety Gate” (previously known as “RAPEX”) of the non-compliance so other EU countries can take preventive measures.

[1] Statutory Order No. 947 of 20 June 2020

[2] Danish EPA news on problematic phthalates in toys

[3] Danish EPA news on harmful phthalates in products purchased from foreign online stores