U.S. – Maine Proposes Reporting Rules for Formaldehyde and Phthalates in Certain Children’s Products

Vol. 809 | January 19, 2015

The Maine Department of Environmental Protection has proposed to designate formaldehyde and four phthalates (DEHP, DBP, BBP and DEP) as priority chemicals under its Safer Chemicals in Children’s Products rules.

Designating a substance as a priority chemical by the Department of Environmental Protection requires reporting, by manufacturers and distributors, when the substance is intentionally added to regulated children’s products.

Following is a summary of the proposed rules:

Formaldehyde:

  • Products within scope of the rule: bedding, childcare articles, clothing, cosmetics, craft supplies, footwear, games, jewelry and embellishments, safety seats, occasion supplies, personal accessories, personal care products, school supplies, and toys.
  • Information to be submitted:
    1. The name and address of the manufacturer and the name, address, and phone number of a contact person for the manufacturer;
    2. A description of the manufacturer’s product or products containing regulated phthalatesformaldehyde, including the overall size of the product and/or the component of the product that contains the regulated phthalateformaldehyde and whether the product or regulated phthalateformaldehyde- containing component of the product can be placed in the mouth (if a reportable item is smaller than 5 centimeters in one dimension, it is regarded as mouthable);
    3. The amount of formaldehyde in each unit of the product reported
    4. The function of formaldehyde in the product reported;
    5. The number of product units sold or distributed in Maine or nationally, and
    6. Any other information the manufacturer deems relevant to the reporting

Phthalates:

  • Products within scope of the rule: clothing, footwear, craft supplies, building & home maintenance products, cosmetics & personal care products, household & commercial cleaning products, household furniture & furnishings, and personal accessories & jewelry.
  • Regulated phthalates: BBP, DEP, DBP and DEHP
  • Information to be submitted:
    1. The name and address of the manufacturer and the name, address, and phone number of a contact person for the manufacturer;
    2. A description of the manufacturer’s product or products containing regulated phthalates, including the overall size of the product and/or the component of the product that contains the regulated phthalate and whether the product or regulated phthalate-containing component of the product can be placed in the mouth (if a reportable item is smaller than 5 centimeters in one dimension, it is regarded as mouthable);
    3. The amount of regulated phthalates in each unit of the product reported;
    4. The function of regulated phthalates in the product reported;
    5. The number of product units sold or distributed in Maine or nationally, and
    6. Any other information the manufacturer deems relevant to the reporting

Once approved, the effective dates will be published with the final rule. No later than 180 days after the effective date of these chapters, the manufacturer or distributor of a consumer product which falls within the above mentioned categories will have to submit relevant reports to the Department of Environmental Protection. For products whose sale does not commence until the close of the 180 day reporting period, written notices are required to be submitted to the Department within 30 days of sale in the state of Maine.

The Department of Environmental Protection will also collect a one-time reporting fee intended to cover information management costs. The fee will be determined once all reports have been collected.

Public comments on the proposed rules can be submitted until February 17th, 2015. The proposed rules can be viewed at:

Formaldehyde: http://www.maine.gov/tools/whatsnew/index.php?topic=dep-rulemaking&id=635467&v=govdel

Phthalates: http://www.maine.gov/tools/whatsnew/index.php?topic=dep-rulemaking&id=635465&v=govdel

For questions, please contact: Laxmi Ravikumar (laxmi.ravikumar@intertek.com, 630-209-9265) or Pratik Ichhaporia (pratik.ichhaporia@intertek.com, 312-906-7720).

 

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