On Oct. 27, 2017, the US Consumer Products Safety Commission (CPSC) has published a notice of proposed rulemaking (NPR) on updating the existing notice of requirements (NOR) for prohibitions of children's toys and child care articles containing specified phthalates. The proposed NOR would revise the current NOR to be consistent with the final phthalates rule, which is published elsewhere in this same issue of the Federal Register and will be codified in the Code of Federal Regulations (CFR).
Proposed date of adoption: To be determined
Proposed date of entry into force: To be determined
Final date for comments: 10 January 2018
The proposed rule would amend 16 CFR 1112(b)(31), (31)(i) and (c)(3)(i) to update the references to reflect the promulgation of 16 CFR part 1307 and draft CPSC test method CPSC–CH–C1001–09.4 (2017).
16 CFR 1112(b)(31) -Limits on Phthalates in Children's Toys and Child Care Articles. For its accreditation to be accepted by the Commission to test for phthalates in children's toys and child care articles, a third party conformity assessment body must have one or more of the following test methods referenced in its statement of scope:
(i) CPSC Test Method CPSC-CH-1001-09.3, “Standard Operating Procedure for Determination of Phthalates”;
(ii) GB/T 22048-2008, “Toys and Children's Products - Determination of Phthalate Plasticizers in Polyvinyl Chloride Plastic”;
(c)(3)(i) CPSC-CH-C1001-09.3, “Standard Operating Procedure for Determination of Phthalates”, April 1, 2010;
16 CFR 1307: Prohibition of Children’s Toys and Child Care Articles Containing Specified Phthalates;
The CPSC would open the laboratory application process for draft test method CPSC–CH–C1001–09.4 (2017) on the date the final NOR rule is published in the Federal Register. Laboratories would need to update their scope accreditation documents to include the revised phthalate test method within two years.