On August 30, 2017, the US Consumer Product Safety Commission (CPSC) has published a final rule, known as 16 CFR Part 1308, in the Federal Register which exempts seven plastics, with specified additives, used in children’s toys and child care articles from the third-party phthalates testing requirements, as their consistent compliance with the phthalates content limits in Section 108 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) can be highly assured. This rule will come into force on September 29, 2017, 30 days from its official publication. 

Third-party phthalates testing exemption is granted to the following plastics with specified additives listed in Section 1308.2 of 16 CFR Part 1308: 

3) Polyethylene (PE) 

4) General purpose polystyrene (GPPS), medium-impact polystyrene (MIPS), high-impact polystyrene (HIPS), and super high-impact polystyrene (SHIPS) 

However, children’s toys and child care articles must still comply with the CPSIA phthalates prohibitions, regardless of any relief from third-party testing requirements. Moreover, manufacturers must issue a certificate stating the compliance of their product(s) with CPSC requirements.

[See PDF version for more information]