SGS SA CONSUMER PRODUCTS | NO. 138/19 |
In 2008, Maine enacted the 'Toxic Chemicals in Children's Products' [1] law. Under the law, a manufacturer or distributor of certain children's products is required to disclose specific information if a priority chemical (PC) is added to the product and exceeds the de minimis level.
Since its enactment, arsenic (As), bisphenol A (BPA), cadmium (Cd), mercury (Hg), nonylphenol (NP) and nonylphenol ethoxylates (NPEOs) have been designated as priority chemicals (PCs).
Under Maine's reporting law, a 'children's product' is:
- A consumer product intended for children under the age of 12 and
- ŸAny consumer product containing a chemical of high concern (CHC) that when used or disposed of will likely result in a child under 12 years of age or a fetus's being exposed to that chemical
Maine's definition differs from the Consumer Product Safety Improvement Act of 2008 (CPSIA) [2] definition which states, a children's product is a consumer product designed and intended primarily for children up to the age of 12.
In January 2015, the Maine DEP announced a public notice [3] to propose the designation of 4 phthalates as PCs for reporting in certain children's products. These 4 phthalates are:
- Di(2-ethylhexyl) phthalate (1, DEHP)
- ŸDibutyl phthalate (2, DBP)
- Benzyl butyl phthalate (3, BBP) and
- Diethyl phthalate (4, DEP)
Manufacturers and distributors are required to disclose specific information to the Maine DEP if any of the phthalates (1 to 4) is intentionally added to certain children's products, and its concentration exceeds the practical quantitation limit (PQL).
This proposal was approved in the second quarter of 2015 and has been effective since 22 June, 2015. Reporting is required by no later than 180 days after the effective date; i.e. by 18 December 2015 or within 30 days of the retail sale of the children's product.
According to the definitions in the new rule, the scope of children's products is:
- Building and home maintenance products
- ŸClothing and footwear, cosmetics and personal care products, craft supplies
- Household and commercial cleaning products, household furniture and furnishings
- ŸPersonal accessories and jewelry
Highlights of new Chapter 888 [4] for the 4 phthalates are summarized in Table 1.
Table 1State of Maine Chapter 888 'Designation of Four Members of the Chemical Class Phthalates as Priority Chemicals' | ||||
Phthalate | Scope | Requirement | Effective Date | Reporting Date |
| Children's products:
| Reporting to Maine DEP is required if PC is intentionally added and exceeds PQL | 22 June 2015 | By 18 December 2015 (or within 30 days of the sale of the children's product) |
Throughout our global network of laboratories, we are able to provide a range of services, including analytical testing and consultancy for restricted substances for the US and international markets.
For enquiries, please contact:
Hing Wo Tsang
Global Toys and Juvenile Products
t: +852 2774 7420
© SGS Group Management SA - 2015- All rights reserved - SGS is a registered trademark of SGS Group Management SA. This is a publication of SGS, except for 3rd parties' contents submitted or licensed for use by SGS. SGS neither endorses nor disapproves said 3rd parties contents. This publication is intended to provide technical information and shall not be considered an exhaustive treatment of any subject treated. It is strictly educational and does not replace any legal requirements or applicable regulations. It is not intended to constitute consulting or professional advice. The information contained herein is provided "as is" and SGS does not warrant that it will be error-free or will meet any particular criteria of performance or quality. Do not quote or refer any information herein without SGS's prior written consent.
|
distributed by
|
