US CPSC Issues Proposal to Allow Accredited Laboratories to Test Against New CPSIA Phthalates Rules

The US CPSC has published a NPR to allow accredited laboratories to update the scope of their testing to include new restrictions on eight phthalates.

Online PR News – 10-December-2017 – Geneva, Switzerland – On October 27, 2017, the US Consumer Products Safety Commission (CPSC) published a notice of proposed rulemaking (NPR) to allow existing accredited laboratories to update their scope to include the latest testing methods relating to new restrictions on eight phthalates.

This NPR was published on the same day as new restrictions on eight phthalates were introduced under section 108 of the Consumer Product Safety Improvement Act of 2008 (CPSIA, 16 CFR Part 1307). This rule also required the CPSC to issue a Notice of Requirements (NOR) for the accreditation of third-party conformity assessment bodies or laboratories.

The NPR was published in the Federal Register (82 FR 49768) and contains several important provisions:

• The CPSA will accept testing to the new restrictions on eight phthalates for a period of two years (from the date of publication of the final NOR Rule in the Federal Register), provided the laboratory is already accredited to test to CPSC-CH-C1001-09.3 (2010)
• Laboratories are expected to transition to CPSC-CH-C1001-09.4. Until this is completed, they must state in test reports to support certification of the new restrictions for eight phthalates:
o ’16 CFR Part 1307’ and ‘CPSC-CH-C1001-09.3’
• The application process for transitioning to CPSC-CH-C1001-09.4 (2017) will begin on the date the final NOR Rule being published in the Federal Register. The current draft test method could change in the final rule

Stakeholders have until January 10, 2018, to comment on the NPR. It is expected the final rule will be published in the Federal Register by mid-2018, with the proposed effective date being 30 days later.

Stakeholders are advised to check compliance with the latest requirements for phthalates in toys and child care articles destined for the US market.

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