CPSC seeks guidance on its toy safety guidance

The CPSC is requesting comments on which children’s products should be subject to the requirements of CPSIA Section 108. There is some talk about other products being added, such as strollers, bouncers, crib sheets, mattresses and bibs.
 
As a refresher, Section 108, which went into effect on Feb. 10, permanently prohibits the sale of any children’s toy or child care article containing more than .1% of three specified phthalates (DEHP, DBP and BBP). It also prohibits, on an interim basis, toys that can be placed in a child’s mouth or child care articles containing more than .1% of three additional phthalates (DINP, DIDP and DnOP).

So the CPSC is trying to determine what constitutes a “children’s toy or child care article.” The staff is willing to make the requirements all-encompassing for each category, or pick and choose certain ones. But they want your advice.

For instance, in looking at the bouncers, swings and strollers, they want to know if they should all be subject to Section 108, or just those advertised with a manufacturer’s statement that the intended use is to facilitate sleeping, feeding, sucking, or teething.

The CPSC mentions several specific product categories, and wants to know if they should be included or excluded in the prohibition… and they explain that these are examples, not a conclusive list:

Pajamas
Mattress cover
Infant sleep positioner
Play sand
Baby swing
Decorated swimming goggles
Water wings
Shampoo bottle in animal or cartoon character
Costumes and masks
Baby walkers
Wading pools

The CPSC is addressing Section 108 clarifications after receiving numerous calls from confused manufacturers.

The staff wants to know if there is clear guidance, if changes should be made, if there is additional guidance needed, and what are the consequences.

In a nutshell, the CPSC is looking for guidance on its guidance.

Comments must be sent in by March 25, 2009.  For more information and instructions for comments, visit http://www.cpsc.gov/businfo/frnotices/fr09/draftphthalatesguidance.pdf. It’s a four page document, and the Section 108 part begins at the bottom of the first column of the first page.