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Environment Canada seeks information on phthalates for priority assessment

DuckyThe current Canadian regulation for phthalates as it applies to children’s products is SOR/2010-298.  The regulation covers phthalates DEHP, DBP and BBP in the vinyl components of a toy or child care article not to exceed 1,000 mg/kg or 1,000 ppm (0.1% by weight) and phthalates DINP, DIDP and DNOP in the vinyl components of a toy or child care article that in a “reasonably foreseeable manner, be placed in the mouth of a child under four years of age” not to exceed 1,000 mg/kg or 1,000 ppm (0.1% by weight).

The requirement of this regulation is very similar to the one in the U.S. under the CPSIA which covers both toys and child care articles.

On July 13, 2013, Environment Canada issued a notice to manufacturers and importers directing them to provide information about their use of phthalates in food and beverage contact materials along with other consumer products.  Through this notice the government has listed more than 30 phthalate substances which will undergo priority assessment through its Chemicals Management Plan.  Environment Canada has asked for details about the manufacture, importation and use of the substances “for the purposes of assessing whether [they] are toxic or capable of becoming toxic, or for the purpose of assessing whether to control [them].”

As a U.S. based manufacturer or distributor to the Canadian market, your Canadian based importer will likely make inquiries of your product if “during the 2012 calendar year, [they] imported a total quantity greater than 100 kg [220 lbs.] of a substance listed in Schedule 1 of this notice, at a concentration equal to  or above 0.001% by weight (w/w%) [10 ppm]”

The key for children’s products manufacturers and distributors;

(b) in a manufactured item that is

(i) intended to be used by or for children under the age of six years, or (ii) intended to come into contact with the mucosa of an individual, other than eyes, or (vi) clothing or footwear, or (vii) furniture intended to be used in a residence, or a furnishing intended to be used in a residence if the substance is contained in a textile

If you know or might know that your products fall within this range you and your importer would have to respond to this notice by November 13, 2013.  Failure to submit the required information would subject companies to fines and/or jail terms under the Canadian Environmental Protection Act.

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

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