15 USC 2057c - Prohibition on sale of certain products containing specified phthalates

U.S Code last checked for updates: Nov 22, 2024

§ 2057c.

Prohibition on sale of certain products containing specified phthalates

(a)

Prohibition on the sale of certain products containing phthalates

(b)

Prohibition on the sale of additional products containing certain phthalates

(1)

Interim prohibition

(2)

Chronic Hazard Advisory Panel

(A)

Appointment

(B)

Examination

The panel shall, within 18 months after its appointment under subparagraph (A), complete an examination of the full range of phthalates that are used in products for children and shall—

(i)

examine all of the potential health effects (including endocrine disrupting effects) of the full range of phthalates;

(ii)

consider the potential health effects of each of these phthalates both in isolation and in combination with other phthalates;

(iii)

examine the likely levels of children’s, pregnant women’s, and others’ exposure to phthalates, based on a reasonable estimation of normal and foreseeable use and abuse of such products;

(iv)

consider the cumulative effect of total exposure to phthalates, both from children’s products and from other sources, such as personal care products;

(v)

review all relevant data, including the most recent, best-available, peer-reviewed, scientific studies of these phthalates and phthalate alternatives that employ objective data collection practices or employ other objective methods;

(vi)

consider the health effects of phthalates not only from ingestion but also as a result of dermal, hand-to-mouth, or other exposure;

(vii)

consider the level at which there is a reasonable certainty of no harm to children, pregnant women, or other susceptible individuals and their offspring, considering the best available science, and using sufficient safety factors to account for uncertainties regarding exposure and susceptibility of children, pregnant women, and other potentially susceptible individuals; and

(viii)

consider possible similar health effects of phthalate alternatives used in children’s toys and child care articles.

The panel’s examinations pursuant to this paragraph shall be conducted de novo. The findings and conclusions of any previous Chronic Hazard Advisory Panel on this issue and other studies conducted by the Commission shall be reviewed by the panel but shall not be considered determinative.

(C)

Report

(3)

Permanent prohibition by rule

Not later than 180 days after receiving the report of the panel under paragraph (2)(C), the Commission shall, pursuant to section 553 of title 5, promulgate a final rule to—

(A)

determine, based on such report, whether to continue in effect the prohibition under paragraph (1), in order to ensure a reasonable certainty of no harm to children, pregnant women, or other susceptible individuals with an adequate margin of safety; and

(B)

evaluate the findings and recommendations of the Chronic Hazard Advisory Panel and declare any children’s product containing any phthalates to be a banned hazardous product under section 8 of the Consumer Product Safety Act (15 U.S.C. 2057), as the Commission determines necessary to protect the health of children.

(c)

Application

(d)

Exclusion for inaccessible component parts

(1)

In general

(2)

Limitation

(3)

Inaccessibility proceeding

Within 1 year after August 12, 2011, the Commission shall—

(A)

promulgate a rule providing guidance with respect to what product components, or classes of components, will be considered to be inaccessible for purposes of paragraph (1); or

(B)

adopt the same guidance with respect to inaccessibility that was adopted by the Commission with regards to accessibility of lead under section 1278a(b)(2)(B) of this title, with additional consideration, as appropriate, of whether such component can be placed in a child’s mouth.

(4)

Application pending commission guidance

(e)

Treatment of violation

(f)

Treatment as consumer product safety standards; effect on State laws

(g)

Definitions

(1)

Defined terms

As used in this section:

(A)

The term “phthalate alternative” means any common substitute to a phthalate, alternative material to a phthalate, or alternative plasticizer.

(B)

The term “children’s toy” means a consumer product designed or intended by the manufacturer for a child 12 years of age or younger for use by the child when the child plays.

(C)

The term “child care article” means a consumer product designed or intended by the manufacturer to facilitate sleep or the feeding of children age 3 and younger, or to help such children with sucking or teething.

(D)

The term “consumer product” has the meaning given such term in section 3(a)(1) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(1)).

(2)

Determination guidelines

(A)

Age

In determining whether products described in paragraph (1) are designed or intended for use by a child of the ages specified, the following factors shall be considered:

(i)

A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable.

(ii)

Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children of the ages specified.

(iii)

Whether the product is commonly recognized by consumers as being intended for use by a child of the ages specified.

(iv)

The Age Determination guidelines issued by the Commission staff in September 2002 and any successor to such guidelines.

(B)

Toy that can be placed in a child’s mouth

(Pub. L. 110–314, title I, § 108, Aug. 14, 2008, 122 Stat. 3036; Pub. L. 112–28, § 5(a), Aug. 12, 2011, 125 Stat. 280.)

cite as: 15 USC 2057c