The US State of Maine has published the final rule on designating four phthalates (DEHP, DBP, BBP and DEP) as priority chemicals under the Toxic Chemicals in Children’s Products Law. The rule is enforced with immediate effect.
The rule completely adopts the revised proposed rule, except “raingear” has been added as an example for defining “clothing and footwear”.

The reporting deadline of the new rule is around 19 December 2015.

Scope

1.  The revised proposed rule applies to manufacturers or distributors of the following certain children’s products as defined containing intentionally-added DEHP, DBP, BBP or DEP, that are for sale in Maine:

a)  Clothing and footwear including raingear.

b)  Craft supplies

c)  Building and home maintenance products

d)  Cosmetics and personal care products

e)  Household and commercial cleaning products

f)  Household furniture and furnishings

g)  Personal accessories and jewelry

2. Exemptions are newly added for:

a)  Used products

b)  Food and beverage packaging, but product that is intentionally marketed or intended for the use by children under 3 years of age is not exempt

c)  Motor vehicles, watercraft as defined and their component parts, but the use of regulated phthalates in detachable car seats is not exempt

Information for reporting

These manufacturers shall report to the Maine Department of Environmental Protection the following information:

a)  Information of the manufacturer and the contact person

b)  Description of the product, including overall size of the product and/or component that contains the regulated phthalates and whether that product or component can be placed in the mouth

c)  Amount of regulated phthalates in the product reported

d)  Function of regulated phthalates in the product reported

e)  Number of items sold or distributed in Maine or nationally

f)  Any other information the manufacturer deems relevant to the reporting of the regulated phthalates, such information may include an assessment of alternatives to regulated phthalates performed by the manufacturer and the reason regulated phthalates are used.

Note:

• DEHP: di(2-ethylhexyl) phthalate
• DBP: dibutyl phthalate
• BBP: benzyl butyl phthalate
• DEP: diethyl phthalate

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