2018 Changes to Prop 65
On August 30, 2018, the California Proposition 65 new labeling requirements will take effect. The changes require the Prop 65 warning labels to provide clear and reasonable warnings. The purpose of the labeling changes are to make warnings more meaningful, reduce unnecessary warnings, and to provide clearer guidelines. The new warning label requirements for products include some of the following:
- Must identify at least one chemical that is present in order for the Prop 65 warning label to be on the product.
- The warning language requirement is different. Changed from “contains” chemical to “can expose you to.”
- The triangular yellow warning symbol is required for most warnings.
- For items sold on the Internet, a warning label must be provided for purchases on the Internet.
ATS is fully knowledgeable of Proposition 65 and can help our clients ensure compliance. We attended the Prop 65 Annual Clearinghouse Meeting in San Francisco, CA to gain better insight. ATS approaches Prop 65 by making recommendations based on recent Prop 65 settlements and enlisting help from a toxicology standpoint to identify which chemicals to test for.
The steps to Prop 65 compliance include, but are not limited to:
- Review SDS to identify chemicals to analyze for
- Determine a list of Prop 65 items to analyze for based on the product material
- If chemicals are detectable above limit/elevated concentrations then either enlist the help of a toxicologist for review or consider reformulation
- A toxicologist can help to determine if the chemical is present at a level that exceeds the safe harbor limit
- If necessary then label with the Prop 65 warning statement
Visit the OEHHA, Prop 65 website for more information.
CPSIA Approved Exemption of Certain Plastics from Phthalate Testing
Effective as of September 29, 2017, certain plastic types are exempt from CPSIA phthalate testing. The final rule which establishes this is 16 CFR 1308. The rule has listed the following plastic types as exempt from third-party testing:
- Polypropylene (PP)
- Polyethylene (PE)
- General Purpose Polystyrene (GPS)
- Medium-Impact Polystyrene (MIPS)
- High-Impact Polystyrene (HIPS)
- Super High-Impact Polystyrene (SHIPS)
- Acrylonitrile Butadiene Styrene (ABS)
Although specific plastic types are exempt from third-party testing, the phthalate regulation still applies and manufacturers are responsible for obtaining certification that products are in compliance with the CPSIA requirements.
Read the Final Ruling in its entirety here.
ASTM F963-17 New Version
On August 24, 2017, a new version of the Toy Safety Standard, ASTM F963-17 was published.
Per the Consumer Product Safety Improvement Act (CPSIA) the new version will become mandatory 180 days after the CPSC has been notified by ASTM, that is unless the CPSC rejects within 90 days.
The amended sections include:
- Section 3.1.20, Terminology
- Section 4.3.6.1, Microbiological Safety
- Section 4.21, Projectile Toys
- Section 4.25, Test Method for Toys which Produce Noise
- Annex editorial changes
Although specific plastic types are exempt from third-party testing, the phthalate regulation still applies and manufacturers are responsible for obtaining certification that products are in compliance with the CPSIA requirements.
Read the Final Ruling in its entirety here.
Flame Retardant Chemicals Banned by CPSC (ban not in effect)
On September 20, 2017 the CPSC voted 3-2 to take steps to ban the use of organohalogen flame retardants used in a variety of products. The ban would apply to children’s products, mattresses, upholstered furniture, and potentially others. The next steps are for the CPSC to draft regulations and review scientific data. There are potentially 24 organohalogen flame retardant chemicals (possibly more) that will be considered.
