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Status of Current and Pending Phthalate Legislation

 

Below is a status of current and pending federal and state phthalate legislation. This was last updated on February 10, 2009.

Federal As of 2/10/09 it is unlawful for any person to manufacture for sale, offer for sale, distribute in commerce, or import into the United States any children’s toy or child care article that contains concentrations of more than 0.1 percent (1,000 ppm) of six specific phthalates. 15 USC §2057c. Federal law imposes additional certification and labeling requirements regarding phthalates in children's products. 15 USC §2051 et seq.

Consumer Product Safety Commission Action: The CPSC issues guidance statements regarding its enforcement policy and interpretation of the phthalate regulations on a daily basis. Those statements are available at www.cpsc.gov.

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State Status
Alabama HB 848 Status: Pending Would ban the manufacture, sale, or distribution of children’s products and components of children’s products containing in excess of 0.1 percent phthalates. Would become effective 07/01/2010.
California § 108937 Status: Enacted, became effective 01/01/2009 Bans the manufacture, sale, or distribution of any toy or child care article containing DEHP, DBP, or BBZP in concentrations exceeding 0.1 percent and any toy or child care article that is intended for use by a child under 3 years if that product can be placed in the child’s mouth and contains DINP, DIDP, or DNOP in concentrations exceeding 0.1 percent.
Connecticut H.B. 5601 Status: Pending, tabled 04/23/2008 Would ban toys and other articles marketed to children under the age of 12 that contain DEHP, DBP, or BBZP above 0.1 percent and toys and articles marketed for children under 3 that are capable of being put in a child’s mouth that contain DINP, DIDP, or DNOP above 0.1 percent.
Hawaii H.B. 2187 Status: Legislature adjourned without passing the bill Would ban the manufacture, sale, or distribution of any toy or child care article containing DEHP, DBP, or BBZP in concentrations exceeding 0.1 percent and any toy or child care article that is intended for use by a child under 3 years if that product can be placed in the child’s mouth and contains DINP, DIDP, or DNOP in concentrations exceeding 0.1 percent. Would have become effective 01/01/2009.
Illinois Status: Pending, referred to Rules Committee Would ban the manufacture, sale, or distribution of any toy or child care article containing DEHP, DBP, or BBZP in concentrations exceeding 0.1 percent and any toy or child care article intended for use by a child under 3 years if that product can be placed in the child’s mouth and contains DINP, DIDP, or DNOP in concentrations exceeding 0.1 percent. Would have become effective 01/01/2009.
Maine H.P. 636 Status: Not Enacted Would ban the manufacture, sale, or distribution of any toy or child care product intended for use by children under 3 that contains DEHP, DBP, BBZP, DINP, DIDP, or DNOP in concentrations exceeding 0.1 percent.
Maryland H.B. 56 Status: Withdrawn 03/22/2008 Would ban the manufacture, sale, or distribution of any toy or child care article containing DEHP, DBP, or BBZP in concentrations exceeding 0.1 percent and any toy or child care article intended for use by a child under 6 years if that product can be placed in the child’s mouth and contains DINP, DIDP, or DNOP in concentrations exceeding 0.1 percent. Would become effective 01/01/2010.
Massachusetts 2007 H.B. 259 and 2007 S.B. 545 Status: Pending, referred to Committee on 04/02/2008 Would ban toys or child care items containing DEHP, DBP, or BBZP in concentrations exceeding 0.1 percent and toys or child care items intended for children under the age of 3 if the product can be placed in the child’s mouth and contains DINP, DIDP, or DNOP in concentrations exceeding 0.1 percent.
Michigan House Resolution Status: Referred to Committee on Health Policy on 06/19/2007 Would "memorialize" manufacturers to find safer alternatives.
Minnesota Status: Vetoed by governor on 05/12/2008 Would have banned toys or child care items containing DEHP, DBP, or BBZP in concentrations exceeding 0.1 percent, including IV tubing for children under 3 years, and toys or child care items intended for children under the age of 3 if the product could be placed in the child’s mouth and contains DINP, DIDP, or DNOP in concentrations exceeding 0.1 percent.
Missouri Bill: Missouri Children’s Products Safety Act (HB 2426) and HB 2484 Status: Pending, referred to Committee on 04/03/2008 Would ban toys or child care items containing DEHP, DBP, or BBZP in concentrations exceeding 0.1 percent and toys or child care items intended for children under the age of 3 if the product could be placed in the child’s mouth and contains DINP, DIDP, or DNOP in concentrations exceeding 0.1 percent.
New Jersey Jewelry: Bill: AB 3009 Status: Pending, referred to Committee on 06/16/2008 Would ban all jewelry made with phthalates.

Cosmetics: Bill: AB 2939 Status: Pending, Referred to Committee on 06/12/2008 Would ban any cosmetic made with phthalates.

Children’s Products: 1. 2008 NJ AB 2332/SB 1428: Toxic-Free Children’s Products Act Status: Pending, Referred to Committee Would ban toys or child care articles for any age child if phthalate concentration exceeds 0.1 percent . 2. 2008 NJ AB 2940 Status: Pending. Would ban any children’s product containing phthalates intended for a child under 6 years old.

Food Products: 2008 AB 2958 Status: Pending, referred to committee on 06/12/2008 Would require labeling of plastic wrap with any phthalates.
New York 2007 NY AB 333 Status: set on Assembly Floor Calendar 06/23/2008 Would ban any children’s toys or other articles intended for use by children under 3 that contain any phthalates.

2007 NY SB 6058 Status: Sent to committee 05/02/2008 Would ban toys or child care products containing phthalates in concentrations in excess of 0.1 percent and toys or child care products containing phthalates in concentrations in excess of 0.1 percent intended for use by a child under the age of 3 years of age when such toy or product can be placed in the child’s mouth.

2007 NY AB 6829 Status: Sent to Committee Would ban toys or child care products containing phthalates in concentrations in excess of 0.1 percent and toys or child care products containing phthalates in concentrations in excess of 0.1 percent intended for use by a child under the age of 14 years of age when such toy or product can be placed in the child’s mouth.

2007 NY SB 8044 Status: Sent to Committee 05/08/2008 Would ban toys or child care items containing DEHP, DBP, or BBZP in concentrations exceeding 0.1 percent and toys or child care items intended for children under the age of 3 if the product can be placed in the child’s mouth and contains DINP, DIDP, or DNOP in concentrations exceeding 0.1%.

2007 NY AB 10853 Status: Sent to Committee Would ban toys or child care items containing DEHP, DBP, or BBZP in concentrations exceeding 0.1 percent and toys or child care items intended for children under the age of 3 if the product can be placed in the child’s mouth and contains DINP, DIDP, or DNOP in concentrations exceeding 0.1 percent.

2007 NY SB 8367 Status: Sent to Committee Would ban toys or child care items containing DEHP, DBP, or BBZP in concentrations exceeding 0.1 percent and toys or child care items intended for children under the age of 3 if the product can be placed in the child’s mouth and contains DINP, DIDP, or DNOP in concentrations exceeding 0.1 percent.
Oregon 2009 HB 2367 Status: Pending Would ban children’s products containing DEHP, DBP, or BBZP in concentrations exceeding 0.1 percent, and children’s products containing DINP, DIDP, or DNOP in concentrations exceeding 0.1 percent if the product can be placed in the mouth of a child under the age of four years old.
Pennsylvania Status: Pending Would ban children’s products and components of children’s products containing phthalates in concentrations exceeding 0.1 percent. Would become effective 01/01/2010 and be cited as 35 Pa. Cons. Stat. § 5303(3).
Rhode Island 2008 H 7812 Status: Pending Would ban the manufacture, sale, or distribution of any child care article or toy with a phthalate concentration higher than 0.1 percent and require companies to replace phthalates with the least toxic alternative. Would become effective 01/01/2010 and be cited at R.I. Gen. Laws § 23-75-3.1
South Carolina 2007 SC H.B. 4886 Status: Pending Would ban the manufacture, sale, or distribution of children’s products AND COSMETICS with phthalate concentrations greater than 0.1 percent. Would have taken effect on 01/01/2009 (would need to be amended effective date) and have been cited as S.C. Code Ann. § 37-27-10.
Vermont Vt. S.B. 261 (Senate Bill), passed as an addition to 18 V.S.A. § 1511 Status: Passed with effective date of 07/01/2009 Bans the manufacture, sale, or distribution of any product for use in children under 3 that contains phthalates in a concentration greater than 0.1 percent.
Washington Rev. Code Wash. § 70.240.020 Status: Passed with effective date of 07/01/2009 Bans manufacture, sale, or distribution of children’s products (or components) with phthalate concentrations greater than 0.1 percent.
West Virginia WV H.B. 4084 Status: Pending Would ban the manufacture, sale, or distribution of any toy or child care article with a phthalate concentration greater than 0.1 percent. If passed would be W. Va. Code § 46A-6M-1, etc.

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