California State to Enforce Phthalate Requirements
The Attorney General of California has sent a letter to Cheryl A. Falvey, the
General Counsel of CPSC, to explain the position on the applicability of California's
phthalate limits on toys and child care articles.
Under Assembly Bill 1108 (California's phthalate requirements), as of January
1, 2009, it will be illegal to sell, distribute, or manufacture toys and child
care articles in California with greater than 0.1 percent of the six specified
phthalates (which are the same as those restricted by the CPSIA), regardless
of when or where the products were manufactured. This California requirement
is not preempted or otherwise affected by the CPSIA phthalate prohibition for
the following reasons:
- AB 1108 applies to a broader category
of products as compared to that of the CPSIA;
- CPSIA limits child care articles to
those intended for children age 3 or younger, while AB 1108 does not define
the age grade;
- CPSIA has a specific definition of what
"can be placed in the mouth", while AB 1108 does not.
The requirements of Proposition 65, AB 1108, and CPSIA on products containing
phthalates will all coexist simultaneously.
1. For more information on the California's phthalate requirements, please
refer to Intertek news update CN-063.
2. For more information on the Federal CPSIA phthalate requirements, please
refer to Intertek news update CN-180.
3. For more information on the phthalate requirements under the Proposition
65 settlement, please refer to Intertek news update CN-186.
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