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Canada's Ban on Phthalates in Toys and Child Care Articles - December 2010
On December 9th, 2010, the Canadian government amended Part II Schedule I of the Canadian Hazardous Products Act (Phthalates) adding "Toys and child care articles composed of vinyl that contains phthalates within the meaning of the Phthalates Regulations" as item 38 of that regulation.
It additionally amended the Hazardous Products (Toys) Regulations defining the % allowance of phthalates present in plastic material referred to by that regulation.
The announcement came on December 22nd and sets the effective date of the ban six months later on June 10th, 2011.
The Canadian government has purposely designed their phthalates regulations to align with those already existing in the United States and the European Union to afford the same protections for Canadian children, as well as to equalize factors such as broader access to international markets and global competition, and increased compliance rates through mirrored requirements.
There was also significant concern that Canada could potentially become a dumping ground for noncompliant products imported from international regions where bans are not in place. While research has shown that many Canadian-made products within the category were already voluntarily compliant, without mandatory restrictions, the influx of toys and child care articles already illegal in the US and the EU could not be controlled.
There are slight differences between Canada's ban and the US CPSIA regulation. For instance, the age requirements for the Canadian ban on toys applies to children 14 years of age and younger whereas the CPSIA sets the age limit at 12 and under.
For the ban on toys and childcare articles that can be mouthed, Canada sets their age limit to 4 years of age and under whereas the CPSIA's age limit is for 3 years and under.
The Canadian ban on phthalates as follows:
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GROUP 1 |
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BBP (Benzyl Butyl Phthalate)
DBP (Dibutyl Phthalate)
DEHP (Di-(2-ethylhexyl) Phthalate) |
Per Vinyl Part in Toys or Child Care Articles of a child under 14 years of age.
< 1% ppm or 1000 mg/kg |
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GROUP 2 |
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BBP (Benzyl Butyl Phthalate)
DBP (Dibutyl Phthalate)
DEHP (Di-(2-ethylhexyl) Phthalate) |
Per Vinyl Part in Toys or Child Care Articles that "can be placed in the mouth" of a child under 4 years of age. One of its dimensions is less than 5 cm in a deflated state.
< 1% ppm or 1000 mg/kg |
“Toy” is defined as a product intended for use by a child under 14 years of age in learning or play
“Child Care Article” is defined as a product intended to facilitate the relaxation, sleep, hygiene, feeding, sucking or teething of a child under 4 years of age.
The regulation cites the determination of phthalate content to be made according to tests “in accordance with a method that conforms to good laboratory practices” as set out in the OECD (Organization for Economic Co-operation and Development) Principles of Good Laboratory Practice.
Compliance and enforcement will include “sampling and testing” of affected products with “follow up of consumer and trade complaints”. Though not explicit, the regulation states that actions taken against non-compliance can range from voluntary recall to prosecution under the Canadian Hazardous Products Act.
It remains to be seen if Canada’s ban will be further amended to be as specific as the CPSIA in identifying test methods and designated independent third party laboratories. What is clear is that in both the environmental and economic sense, the ban cannot be avoided given those already instituted by major markets such as the US and the EU.
For more information on Canada’s Ban on Phthalates in Toys and Child Care articles, access the links below:
http://www.gazette.gc.ca/rp-pr/p2/2010/2010-12-22/html/sor-dors297-eng.html
http://www.gazette.gc.ca/rp-pr/p2/2010/2010-12-22/html/sor-dors299-eng.html
http://www.gazette.gc.ca/rp-pr/p2/2010/2010-12-22/html/sor-dors298-eng.html
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