# CPSC Small Entity Compliance Guide: Prohibition of Children's Toys and Child Care Articles Containing Specified Phthalates (82 FR 49938): Prohibition of Children's Toys and Child Care Articles Containing Specified Phthalates

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/CPSC_SECG_Phthalates_Information

## Section

- **Citation:** CPSC Small Entity Compliance Guide: Prohibition of Children's Toys and Child Care Articles Containing Specified Phthalates (82 FR 49938)
- **Heading:** Prohibition of Children's Toys and Child Care Articles Containing Specified Phthalates
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** CPSC Small Entity Compliance Guides / Prohibition of Children's Toys and Child Care Articles Containing Specified Phthalates

## Text

Phthalates are chemicals that are most often, but not always, used to make plastics softer and/or more pliable. In this use, phthalates function as plasticizers. One example of a product that may contain phthalates is a children's rubber duck; the flexible plastic feel of the rubber duck may be the result of using phthalates in the manufacturing process.
Section 108 of the Consumer Product Safety Improvement Act, codified at
15 U.S.C. § 2057c
and
16 C.F.R. part 1307
, prohibits the manufacture for sale, offer for sale, distribution in commerce, or importation into the United States children’s toys and child care articles that contain more than 0.1% (1000 ppm) of the following phthalates in an accessible plasticized component:
Di-(2-ethylhexyl) phthalate (DEHP)
Dibutyl phthalate (DBP)
Benzyl butyl phthalate (BBP)
Diisononyl phthalate (DINP)
Diisobutyl phthalate (DIBP)
Di-n-pentyl phthalate (DPENP)
Di-n-hexyl phthalate (DHEXP)
Dicyclohexyl phthalate (DCHP)
16 C.F.R. part 1199
provides guidance on accessibility for the phthalate regulation.
A “children’s toy” is a “consumer product designed or intended by the manufacturer for a child 12 years of age or younger for use by the child when the child plays”.
A “child care article” is a “product designed or intended by the manufacturer to facilitate sleep or the feeding of children age 3 and younger, or to help such children with sucking or teething”.
Exemptions from Testing
The Commission has determined that certain materials are exempt from testing for phthalates:
Certain untreated and unfinished engineered wood products listed at
16 C.F.R. § 1252.3(c)
Untreated and unfinished fibers listed at
16 C.F.R. § 1253.2(c)
Certain plastics with the noted additives as listed at
16 C.F.R. § 1308.2(a)
This testing exemption does NOT provide an exemption from meeting the underlying phthalate requirement. Firms are still expected to certify compliance with the phthalate requirement in a Children’s Product Certificate (CPC)
cts listed at
16 C.F.R. § 1252.3(c)
Untreated and unfinished fibers listed at
16 C.F.R. § 1253.2(c)
Certain plastics with the noted additives as listed at
16 C.F.R. § 1308.2(a)
This testing exemption does NOT provide an exemption from meeting the underlying phthalate requirement. Firms are still expected to certify compliance with the phthalate requirement in a Children’s Product Certificate (CPC). Further, if the end product as received by a consumer is found to have a regulated phthalate in excess of 0.1% (1000 ppm), the firm may still be held responsible for noncompliance.
Certification
Section 14(a)(2) of the
Consumer Product Safety Act (CPSA)
requires manufacturers and importers of children’s products subject to a regulation, standard, or ban enforced by the CPSC to certify that those products meet the requirements of the standard by issuing a CPC. For children’s products subject to the phthalate requirement, the citation to use in section 2 of the CPC is “16 C.F.R. part 1307 – Phthalates”. For more information on creating a CPC, visit our
CPC business guidance page
.
Additional Information
Phthalates FAQs
Injury Statistics and Technical Reports | Chemicals
Contact
SBO contact form
Toll-free: (888) 531-9070
Email:
SBO@cpsc.gov

## Nearby sections

- [CPSC Small Entity Compliance Guide: ASTM F963 Elements (85 FR 33015) ASTM F963 Elements](https://www.frixlaw.com/law-library/statutes/CPSC_SECG_Toy_Safety_Business_Guidance_and_Small_Entity_Compliance_Guide.md)
- [CPSC Small Entity Compliance Guide: Certificates of Compliance (90 FR 1800) Certificates of Compliance](https://www.frixlaw.com/law-library/statutes/CPSC_SECG_Certificates.md)
- [CPSC Small Entity Compliance Guide: Conditions and Requirements for Relying on Component Part Testing or Certification, or Another Party’s Finished Product Testing or Certification, to Meet Testing and Certification Requirements (76 FR 69545) Conditions and Requirements for Relying on Component Part Testing or Certification, or Another Party’s Finished Product Testing or Certification, to Meet Testing and Certification Requirements](https://www.frixlaw.com/law-library/statutes/CPSC_SECG_Component_Part_Testing.md)
- [CPSC Small Entity Compliance Guide: Full-Size Baby Cribs (75 FR 81765) Full-Size Baby Cribs](https://www.frixlaw.com/law-library/statutes/CPSC_SECG_Full_Size_Baby_Cribs.md)
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- [CPSC Small Entity Compliance Guide: Prohibition of Children's Toys and Child Care Articles Containing Specified Phthalates (82 FR 49938) Prohibition of Children's Toys and Child Care Articles Containing Specified Phthalates](https://www.frixlaw.com/law-library/statutes/CPSC_SECG_Phthalates_Information.md)
- [CPSC Small Entity Compliance Guide: Requirements Pertaining to Third Party Conformity Assessment Bodies,16 CFR parts 1112 and 1118 (78 FR 15835) Requirements Pertaining to Third Party Conformity Assessment Bodies,16 CFR parts 1112 and 1118](https://www.frixlaw.com/law-library/statutes/CPSC_SECG_Lab_Accreditation.md)
- [CPSC Small Entity Compliance Guide: Safety Standard for Adult Portable Bed Rails (88 FR 46958) Safety Standard for Adult Portable Bed Rails](https://www.frixlaw.com/law-library/statutes/CPSC_SECG_Adult_Portable_Bed_Rails.md)
- [CPSC Small Entity Compliance Guide: Safety Standard for Baby Changing Products (83 FR 29672) Safety Standard for Baby Changing Products](https://www.frixlaw.com/law-library/statutes/CPSC_SECG_Baby_Changing_Products_Business_Guidance_and_Small_Entity_Compliance_Guide.md)
- [CPSC Small Entity Compliance Guide: Safety Standard for Bassinets and Cradles (78 FR 77574) Safety Standard for Bassinets and Cradles](https://www.frixlaw.com/law-library/statutes/CPSC_SECG_Bassinets_and_Cradles.md)
- [CPSC Small Entity Compliance Guide: Safety Standard for Bedside Sleepers (79 FR 2581) Safety Standard for Bedside Sleepers](https://www.frixlaw.com/law-library/statutes/CPSC_SECG_Bedside_Sleepers.md)
- [CPSC Small Entity Compliance Guide: Safety Standard for Booster Seats (83 FR 30837) Safety Standard for Booster Seats](https://www.frixlaw.com/law-library/statutes/CPSC_SECG_Booster_Seats_Business_Guidance_and_Small_Entity_Compliance_Guide.md)
- [CPSC Small Entity Compliance Guide: Safety Standard for Carriages and Strollers (79 FR 13208) Safety Standard for Carriages and Strollers](https://www.frixlaw.com/law-library/statutes/CPSC_SECG_Carriages_and_Strollers.md)
- [CPSC Small Entity Compliance Guide: Safety Standard for Clothing Storage Units (87 FR 72598) Safety Standard for Clothing Storage Units](https://www.frixlaw.com/law-library/statutes/CPSC_SECG_Clothing_Storage_Units.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CPSC_SECG_Phthalates_Information. Check the current official text before relying on it. Not legal advice.
