Reporting of Priority Chemicals in Certain Children’s Products in Maine Expanded to Include 4 Phthalates

The US State of Maine has expanded the list of priority chemicals to include 4 phthalates for reporting in children’s products. Manufacturers and distributors of certain children’s products containing these phthalates are required to report to Maine’s Department of Environmental Protection (Maine DEP) no later than 19 December 2015.

In 2008, Maine enacted the ‘Toxic Chemicals in Children’s Products’ law.  Under the law, a manufacturer or distributor of certain children’s products is required to disclose specific information if a priority chemical (PC) is added to the product and exceeds the de minimis level. 

Since its enactment, arsenic (As), bisphenol A (BPA), cadmium (Cd), mercury (Hg), nonylphenol (NP) and nonylphenol ethoxylates (NPEOs) have been designated as priority chemicals (PCs).

Under Maine’s reporting law, a ‘children’s product’ is: 
- A consumer product intended for children under the age of 12 and
- Any consumer product containing a chemical of high concern (CHC) that when used or disposed of will likely result in a child under 12 years of age or a fetus’s being exposed to that chemical.

Maine’s definition differs from the Consumer Product Safety Improvement Act of 2008 (CPSIA) definition which states, a children’s product is a consumer product designed and intended primarily for children up to the age of 12. 

Reporting Requirements for Products Containing Phthalates

In January 2015, the Maine DEP announced a public notice to propose the designation of 4 phthalates as PCs for reporting in certain children’s products. These 4 phthalates are:

- Di(2-ethylhexyl) phthalate (1, DEHP)
- Dibutyl phthalate (2, DBP)
- Benzyl butyl phthalate (3, BBP) and
- Diethyl phthalate (4, DEP)

Manufacturers and distributors are required to disclose specific information to the Maine DEP if any of the phthalates (1 to 4) is intentionally added to certain children’s products, and its concentration exceeds the practical quantitation limit (PQL).  

This proposal was approved in the second quarter of 2015 and has been effective since 22 June, 2015.  Reporting is required by no later than 180 days after the effective date; i.e. by 18 December 2015 or within 30 days of the retail sale of the children’s product. 

According to the definitions in the new rule, the scope of children’s products is:

- Building and home maintenance products
- Clothing and footwear, cosmetics and personal care products, craft supplies
- Household and commercial cleaning products, household furniture and furnishings
- Personal accessories and jewelry

Highlights of new Chapter 888 (Department of Environmental Protection (Maine) on Designation of Four Members of the Chemical Class Phthalates as Priority Chemicalsare summarized in Table 1 in the latest Safeguards bulletin.

About SGS Testing Services for Juvenile Products

Throughout a global network of laboratories, SGS is able to provide a range of services, including analytical testing and consultancy for restricted substances for the US under CPSIA and for international markets.

Contact details:

SGS Consumer Testing Services
Hingwo Tsang
Global Toys and Juvenile Products 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
LinkedIn: www.linkedin.com/company/sgs-consumer-goods-&-retail 

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.