On 14 February 2013, Consumer Product Safety Commission (CPSC) published the guidance on inaccessible component parts in children’s toys or child care articles containing Phthalate (16 CFR part 1199). Requirements in this guidance shall become effective immediately.

The Challenge

Commission adopted similar approach with respect to Lead guidance. According to this guidance, a phthalate-containing component part shall be considered as accessible if it can be contacted by any portion of the specified segment of the accessibility probe. Moreover,

• The use and abuse tests stipulated in the Commission’s regulations at 16 CFR 1500 shall be used to evaluate accessibility of phthalate containing component parts of a children’s toy or child care article.
• Paint, coatings and electroplating may not be considered a barrier that would render phthalate-containing component parts of toys and child care articles inaccessible.
• A toy or child care article that is or contains a phthalate-containing part that is enclosed, encased, or covered by fabric and passes the appropriate use and abuse tests on such covers, is considered inaccessible to a child, unless the product or part of the product, in one dimension, is smaller than 5 centimeters.

Although the Commission adopted the Lead guidance with respect to inaccessibility for phthalates, following cases shall be considered additionally:

• Vinyl (or other plasticized material) covered mattresses/sleep surfaces which contain phthalates that are designed or intended by the manufacturer to facilitate sleep of children age 3 and younger, are considered accessible and would not be considered inaccessible through the use of fabric coverings, including sheets and mattress pads.
• The intentional disassembly or destruction of products by children older than age 8 years, including use of tools, will not be considered in evaluating products for accessibility of phthalate containing components.

The Solution

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