US States Require Additional Disclosure of Priority Chemicals in Children's Products

In Maine (United States), the use of priority chemicals (PCs) is regulated in specific products (1). Measures for the disclosure of chemicals of high concern to children (CHCCs) in children’s products have also been implemented in Vermont (2) and Washington State (3).

State Legislation Focuses on Chemicals in Children’s Products

Since the beginning of 2015, a number of bills have been introduced in Connecticut, New York and Oregon to create lists of PCs and chemicals of high concern (CHCs) to regulate their use in children’s products.

Connecticut Mandates Priority Chemicals List

The proposal from Connecticut mandates the creation of a list of PCs in children’s products (4). The proposal also charges the Commissioner of Public Health to report on the status of the list of PCs, including but not limited to:

- Making recommendations to reduce exposure of PCs to children.

- Providing a list of products that contain PCs.

- Evaluating measures to reduce children’s exposure to PCs.

New York to Require Reporting of CHCs and PCs

The bill from New York would establish the creation of a website for CHCs and PCs (5). These 2 lists of chemicals would be reviewed on a periodic basis. The list of PCs would also include 7 metals, benzene and the flame retardant plasticizer tris-(2-chloroethyl) phosphate (TCEP). Under the proposal, a children’s product containing an intentionally added PC would require reporting within 1 year after the PC has been listed. The proposal requires reporting to the state of NY and to retailers that carry the product in NY State. Starting in 2020, after the 1 year period, a product containing a PC would be strictly prohibited.

Oregon Identifies HPCCs

Oregon’s proposal would create a list of high priority chemicals of concern (HPCCs) in children’s products (6). The list of HPCCs would also include the reporting list of Chemicals of High Concern to Children (CHCCs) from Washington State. The criteria for reporting an HPCC are also similar to those for Washington, including the presence of an HPCC that is:

- Intentionally added and exceeds a yet to be established practical quantitation limit (PQL) or

- A contaminant that exceeds a concentration of 100 ppm.

The first biennial notice for reporting an HPCC is by 1 January of the year following the year the HPCC has been added onto the list.  The use of an HPCC, however, would be eliminated or substituted on or before the submission of the 3rd biennial notice if a children’s product is:

- Mouthable,

- A cosmetic product or

- Intended for children under the age of 3.

Highlights of these proposals are summarized in a table within the latest SafeGuards bulletin (http://newsletter.sgs.com/eNewsletterPro/uploadedimages/000006/sgs-safeguards-04315-us-state-legislation-update-chemicals-childrens-products-a4-en-15.pdf).

References:

1) SafeGuards bulletin #21/15, January 2015 and references therein (http://newsletter.sgs.com/eNewsletterPro/uploadedimages/000006/sgs-safeguards-02115-us-maine-formaldehyde-phthalates-childrens-products-a4-en-15.pdf)

2) SafeGuards bulletin #121/14, June 2014 (http://newsletter.sgs.com/eNewsletterPro/uploadedimages/000006/sgs-safeguards-12114-us-disclose-hazardous-chemicals-childrens-products-a4-en-14.pdf)

3) SafeGuards bulletin #201/13, November 2013 and references therein (http://newsletter.sgs.com/eNewsletterPro/uploadedimages/000006/sgs-safeguards-20113-us-washington-state-amends-chemicals-under-childrens-safe-product-a4-en-13.pdf)

4) Raised Bill 5653, State of Connecticut (http://www.cga.ct.gov/2015/TOB/H/2015HB-05653-R00-HB.htm)

5) S02408, New York State Assembly (http://assembly.state.ny.us/leg/?default_fld=&bn=S02408&term=2015&Summary=Y&Actions=Y&Votes=Y&Text=Y)

6) Senate Bill 478 (https://olis.leg.state.or.us/liz/2015R1/Downloads/MeasureDocument/SB478)

About SGS Services for Toys and Juvenile Products

Throughout its global network of laboratories, SGS is able to provide a range of services, including analytical testing and consultancy for priority chemicals and chemicals of a similar nature (http://www.sgs.com/en/Consumer-Goods-Retail/Toys-and-Juvenile-Products/Juvenile-Products-and-Childcare-Articles/Testing/Chemical-Testing.aspx) in children’s products for the US and international markets.

Please do not hesitate to contact an SGS expert for further information.

Contact details:

SGS Consumer Testing Services

HingWo Tsang
Global Toys and Juvenile Products Information and Innovation Manager
SGS Hong Kong Limited
1/F On Wui Centre
25 Lok Yip Road
Fanling, N.T., Hong Kong, China

t: +852 2774 7420
Email: [email protected]
Website: www.sgs.com/juvenileproducts

SGS is the world’s leading inspection, verification, testing and certification company. SGS is recognized as the global benchmark for quality and integrity. With more than 80,000 employees, SGS operates a network of over 1,650 offices and laboratories around the world.