Chronic Hazard Advisory Panel (CHAP)
A Chronic Hazard Advisory Panel (CHAP) on Phthalates was mandated by Section 108 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) to examine the effects on children's health of all phthalates and phthalate alternatives as used in toys and child care articles.
The purpose of the CHAP is to make recommendations on whether the Consumer Product Safety Commission (CPSC) should address concerns regarding any phthalates (or combinations of phthalates) in addition to those identified in the CPSIA.
CHAP members must complete their examination by October 2011. They have another six months from that date to report their findings to the CPSC. CPSC then has 180 days to determine whether to lift the interim ban on the three phthalates (DIDP, DINP and DnOP) under CPSIA and whether to consider controls on other plasticizers for children’s products.
More information about the CHAP, including upcoming meeting dates and past proceedings, is available here.
ACC Comments to the CHAP
You can view the documents that the Phthalate Esters Panel has submitted to the CHAP to inform and assist their ongoing evaluation.
Consumer Product Safety Improvement Act (CPSIA)
In August, 2008, President Bush signed into law the Consumer Product Safety Improvement Act of 2008 (CPSIA), H.R. 4040. The CPSIA is a very broad overhaul of the Consumer Product Safety Act.
Among other provisions, the law sets specific safety standards on the presence of certain phthalates in toys and child care articles. Three phthalates (DEHP, DBP and BBP) are permanently restricted, and three others (DINP, DIDP and DnOP) are temporarily restricted pending further study. These restrictions became effective February 10, 2009.
The Consumer Product Safety Commission (CPSC) has set up a Web site regarding the new federal legislation. For more information or any inquiries about the CPSIA, visit their site for the latest news, rulings and clarifications.
The phthalate restrictions of the CPSIA apply to certain specified phthalates in particular products:
- DEHP, DBP, and BBP: there are permanent restrictions on the sale of children's toys and child care articles with concentrations of more than 0.1 percent of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP). The permanent restriction became effective February 10, 2009.
- DINP, DIDP, and DnOP: there are temporary (interim) restrictions on the sale of children's toys that can be placed in a child's mouth and child care articles that contain more than 0.1 percent of diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP). Toys that can be put in the mouth are defined to include toys or parts smaller than five centimeters in at least one dimension. Toys that cannot be put in the mouth but can be licked are not included. The interim restriction became effective February 10, 2009.
- For the three “interim restriction” phthalates, the interim ban will be in place until a final rule is issued based on a scientific study conducted by a Chronic Hazard Advisory Panel, or CHAP, convened by the Consumer Product Safety Commission. A previous CHAP that reviewed the safety of DINP concluded that: “For the majority of children, the exposure to DINP from DINP-containing toys would be expected to pose a minimal to non-existent risk of injury.”
The restrictions on toys apply to toys for children ages 12 and under, and the new law refers to CPSC’s 2002 guidelines for additional age determination guidance. The restrictions on child care articles apply to products to facilitate sleep or feeding, or to help with sucking or teething, for children ages 3 and under.
News on the CPSIA