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 Regulatory Updates

Bisphenol A (BPA) Regulatory Update - March 2011

The concern over Bisphenol A (BPA) continues to trend up.  Thus far BPA regulations have been introduced on a state level, with a number of key states enacting legislation to limit BPA in food and beverage containers for children 3 years of age and under, as well as certain consumer products designed for food contact and reuse.

The city/states currently regulating BPA include Chicago, Connecticut, Maine, Maryland, Minnesota, New York, Vermont, Washington DC, Washington and Wisconsin. 

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CCPSA  Enforcement Date Announced - March 2011

In December 2010, the Canadian Government passed the CCPSA (Canadian Consumer Product Safety Act Bill C-36) into law.  An official enforcement date of June 20th, 2011 was recently announced.

The CCPSA modernizes and strengthens existing product safety laws and replaces Part 1 of the Canadian Hazardous Products Act (HPA).  It prohibits the manufacture, importation, advertisement or sale of any consumer products that pose unreasonable danger to consumers.  It will also boost the ability to recall dangerous consumer products, and increase product traceability.

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European Chemical Agency (ECHA) publishes First REACH Authorisation List - February 2011

The first authorization list naming six substances under the REACH Regulation (EC No. 1907/2006) was published by the European Commission on February 17, 2011.  These six substances were taken from the REACH Candidate List to which substances of very high concern (SVHC) are nominated for inclusion to the Authorisation List. 

Regardless of tonnage, these six select SVHC whether on its own, in a mixture or incorporated in an article, can no longer be placed on the market after the specified sunset date unless the following conditions are met:

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CPSC Extends Stay of Enforcement for Lead Content Testing and Certification, reviews proposed Component Testing Rule. - February 2011

The Consumer Product Safety Commission (CPSC) announced on February 8th, 2011 that it has extended the stay of enforcement  on “certain testing and certification procedures” pertaining to total lead content in children’s products (with the exception of metal components of children’s metal jewelry) and certain related products.  This also encompasses testing and certification for total lead content in Youth Motorized Recreational Vehicles and Bicycles, and related products. 

The stay of enforcement for lead content testing and certification will last until December 31st, 2011.

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The Canadian Consumer Product Safety Act, Bill C-36 - December 2010

On December 15th, 2010, the Canadian Government announced that Bill C-36, also known as the Canadian Consumer Product Safety Act (CCPSA) was given Royal Assent and officially became Canadian Law.

The new CCPSA was designed to "modernize and strengthen product safety laws by overhauling existing rules" with the purpose of providing "stronger, more effective protection" for Canadian consumers. 

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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.

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European Toys Directive 2009/48/EC - January 2011

In June 2009, the EU published new Toy Safety Directive 2009/48/EC replacing the old directive 88/378/EEC. 

While the new directive has been in force since July, 2009, it will be implemented to national legislation this month by January 20, 2011 covering all Member States.  The general provisions for the new directive will apply to toys placed on the market as of July 20, 2011. 

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CPSC Releases FINAL Interpretative Rule on definition of "Children's Products" - October 2010

On October 14th, 2010 the Consumer Product Safety Commission (CPSC) issued its final interpretative rule on defining what is considered "Children's Products". 

At first glance, it seems like the reinvention of the wheel but as anyone familiar with the complexities and far reaching effects of the Consumer Product Safety Improvement Act (CPSIA) knows, this is a law with continual refinements. 

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SPOTLIGHT on BPA (Bisphenol A) - October 2010

Plastics News recently reported that the Canadian government has added BPA to Schedule 1 of the Canadian Environmental Protection Act extending the development of risk management measures beyond bans currently in place.  Canada was on the forefront of banning BPA in baby bottles 2 years ago and with the announcement made on October 13th, it's anticipated that controls will tighten even further.

At this time, the EFSA (European Safety Food Authority) and the US FDA (Food and Drug Administration) deem BPA to be safe for food contact, running contrary to what Canada has decided.  http://plasticsnews.com/headlines2.html?id=19989

The US has not enacted any national laws or acts which categorically restrict BPA across the country however, this is being addressed on an individual state level. 

For more information on BPA, what it is and where it's currently regulated, visit the Compliance Summary Section in our Education page. 
http://www.pvctech.com/compliance_bishenol_a_1.shtml


AB 1108
California  Assembly Bill No. 1108 introduced by Assemblywoman Fiona Ma

Also known as the Toxic Toys Bill.  This bill bans the sale, manufacturing, and distribution of toxic toys.  It specifically bans phthalates from being used in toys and child care products that are intended to be used by children under the age of three and was made effective on January 1, 2009.

For a copy of the bill, go to:  http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1108&sess=CUR&house=B&author=ma


SB 797
Senate Bill 797 introduced by Senators Pavley and Liu, co-authored by Assembly member Ma.

This Bill would enact the Toxin Free Toddlers and Babies Act, which would prohibit the manufacture, sale or distribution of any bottle, cup, or liquid, food, or beverage in a can or jar that contains Bisphenol A at a level above 0.1 parts per billion (ppb).  This bill lost in the Assembly and is currently inactive. 

For a copy of the bill, go to:  http://info.sen.ca.gov/cgi-bin/postquery?bill_number=sb_797&sess=CUR&house=B&site=sen

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