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Maine proposes four chemicals for priority designation

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Maine proposes four chemicals for priority designation. The Maine Department of Environmental Protection (DEP) Maine Priority Chemicalshas proposed four rules that would designate cadmium, formaldehyde, mercury and arsenic as priority chemicals. Manufacturers, importers or distributors of certain children’s products which are in the stream of commerce in Maine will have to report the use of these four chemicals in their products if they are above a certain “minimum amount”.

The proposed rule states that, “No later than 180 days after the effective date of this chapter, the manufacturer [this would include an importer as well] of any of the following: bedding, childcare articles, clothing, cosmetics, craft supplies, footwear, games, jewelry and embellishments, safety seat, occasion supplies, personal accessories, personal care products, school supplies, or toys which are intended for use by a child under the age of 12 years, that contain intentionally-add [chemicals] shall report to the department the following information:

  1. The name and address of the manufacturer [including importers]
  2. The name, address and phone number of a contact person for the manufacturer [including importers]
  3. Description of the product or products containing [the chemical], including the overall size of the product and/or component of the product that contains [the chemical] and whether the product or chemical-containing component of the product, can be placed in the mouth (typically if the item is smaller than 5 cm in one dimension, it is regarded as mouthable)
  4. The number of items sold or distributed in Maine or nationally
  5. The amount of [the chemical] in the product reported
  6. The function of [the chemical] in the product reported
  7. Any other information the manufacturer deems relevant to the reporting of the chemical, such as relevant independent scientific study on exposure specific to the amount of chemical present in the finished product reported or product of similar functionality.

A public comment period on the proposed rules expired on January 31, 2014. The proposed rules would implement Maine’s Toxic Chemicals in Children’s Products law, which aims to protect the health, safety and welfare of children by reducing their exposure to chemicals of high concern by providing substitutes when feasible. Maine has already listed bisphenol A (BPA) and nonylphenol/nonylphenol Ethoxylates (NP/NPE) as priority chemicals.

Unsure how this might impact your product or future product development? Contact us today to see how we can help. info@jacobysolutions.com or 866-873-7335 ext. 101

 

CPSC seeks information on materials that can be determined not to include lead, soluble heavy metals or phthalates

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This Request for Information (RFI) is seekingCPSC_Blocks information on materials that do not, and will not; contain the prohibited elements or chemicals in concentrations above the legally allowable limit. Information provided by the public concerning the characteristics of such materials will be used to develop recommended courses of action for the Commission.

This RFI consists of four parts, seeking data and information concerning the following children’s products and materials used to manufacture those products:

  • Toys subject to ASTM F963-11, Standard Consumer Safety Specification for Toy Safety, and the presence, if any, or at what levels, of the eight elements designated in section 4.3.5 of the standard. The solubility of each element is limited to no more than the levels listed in Tables 1 and 2 of the standard. Additionally, for accessible component parts of toys primarily intended for children 12 years old and younger, the lead content must be no greater than 100 parts per million (ppm), and the lead content of paints or surface coatings must be no greater than 90 ppm, in accordance with section 101 of the CPSIA;
  • Toys and certain child care articles, and the presence, if any, or at what levels, of the six prohibited phthalates listed in section 108 of the CPSIA. These products are subject to a maximum concentration of 1000 ppm (or 0.1 percent) for each of the six prohibited phthalates;
  • Manufactured woods and the presence, if any, or at what levels, of lead. Accessible manufactured wood in children’s products is subject to the maximum allowable lead content requirement of 100 ppm;
  • Synthetic food dyes and the presence, if any, or at what levels, of lead. Accessible synthetic food dyes in children’s products are subject to the maximum allowable lead content requirement of 100 ppm.

 

The agency requests written responses to the RFI by June 17, 2013. See Federal Register, April 16, 2013