To prohibit the manufacture, sale, or distribution in commerce of certain children's products and child care articles that contain specified phthalates.
What it does: Adds SEC. 40. BAN ON CERTAIN PRODUCTS CONTAINING SPECIFIED PHTHALATES on page 103, line 12
Sen. Dianne Feinstein (D-CA)Adds SEC. 40. BAN ON CERTAIN PRODUCTS CONTAINING SPECIFIED PHTHALATES on page 103, line 12
Adds a sectionPrinted pageInserted: SEC. 40. BAN ON CERTAIN PRODUCTS CONTAINING SPECIFIED PHTHALATES.
Inserted: (a) Banned Hazardous Substance.--Effective January 1, 2009, any children's product or child care article that contains a specified phthalate shall be treated as a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) and the prohibitions contained in section 4 of such Act shall apply to such product or article.
Inserted: (b) Prohibition on Use of Certain Alternatives to Specified Phthalates in Children's Products and Child Care Articles.--
Inserted: (1) In general.--If a manufacturer modifies a children's product or child care article that contains a specified phthalate to comply with the ban under subsection (a), such manufacturer shall not use any of the prohibited alternatives to specified phthalates described in paragraph (2).
Inserted: (2) Prohibited alternatives to specified phthalates.--The prohibited alternatives to specified phthalates described in this paragraph are the following:
Inserted: (A) Carcinogens rated by the Environmental Protection Agency as Group A, Group B, or Group C carcinogens.
Inserted: (B) Substances described in the List of Chemicals Evaluated for Carcinogenic Potential of the Environmental Protection Agency as follows:
Inserted: (i) Known to be human carcinogens.
Inserted: (ii) Likely to be human carcinogens.
Inserted: (iii) Suggestive of being human carcinogens.
Inserted: (C) Reproductive toxicants identified by the Environmental Protection Agency that cause any of the following:
Inserted: (i) Birth defects.
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Inserted: (ii) Reproductive harm.
Inserted: (iii) Developmental harm.
Inserted: (c) Preemption.--Nothing in this section or section 18(b)(1)(B) of the Federal Hazardous Substances Act (15 U.S.C. 1261 note) shall preclude or deny any right of any State or political subdivision thereof to adopt or enforce any provision of State or local law that--
Inserted: (1) applies to a phthalate that is not described in subsection (d)(3);
Inserted: (2) applies to a phthalate described in subsection (d)(3) that is not otherwise regulated under this section;
Inserted: (3) with respect to any phthalate, requires the provision of a warning of risk, illness, or injury; or
Inserted: (4) prohibits the use of alternatives to phthalates that are not described in subsection (b)(2).
Inserted: (d) Definitions.--In this section:
Inserted: (1) Children's product.--The term "children's product" means a toy or any other product designed or intended by the manufacturer for use by a child when the child plays.
Inserted: (2) Child care article.--The term "child care article" means all products designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething.
Inserted: (3) Children's product or child care article that contains a specified phthalate.--The term "children's product or child care article that contains a specified phthalate" means--
Inserted: (A) a children's product or a child care article any part of which contains any combination of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP) in concentrations exceeding 0.1 percent; and
Inserted: (B) a children's product or a child care article intended for use by a child that--
Inserted: (i) can be placed in a child's mouth; and
Inserted: (ii)(I) contains any combination of diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding 0.1 percent; or
Inserted: (II) contains any combination of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding 0.1 percent.
Original wording
On page 103, after line 12, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
On page 103, after line 12, add the following:
SEC. 40. BAN ON CERTAIN PRODUCTS CONTAINING SPECIFIED PHTHALATES.
(a) Banned Hazardous Substance.--Effective January 1, 2009, any children's product or child care article that contains a specified phthalate shall be treated as a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) and the prohibitions contained in section 4 of such Act shall apply to such product or article.
(b) Prohibition on Use of Certain Alternatives to Specified Phthalates in Children's Products and Child Care Articles.--
(1) In general.--If a manufacturer modifies a children's product or child care article that contains a specified phthalate to comply with the ban under subsection (a), such manufacturer shall not use any of the prohibited alternatives to specified phthalates described in paragraph (2).
(2) Prohibited alternatives to specified phthalates.--The prohibited alternatives to specified phthalates described in this paragraph are the following:
(A) Carcinogens rated by the Environmental Protection Agency as Group A, Group B, or Group C carcinogens.
(B) Substances described in the List of Chemicals Evaluated for Carcinogenic Potential of the Environmental Protection Agency as follows:
(i) Known to be human carcinogens.
(ii) Likely to be human carcinogens.
(iii) Suggestive of being human carcinogens.
(C) Reproductive toxicants identified by the Environmental Protection Agency that cause any of the following:
(i) Birth defects.
(ii) Reproductive harm.
(iii) Developmental harm.
(c) Preemption.--Nothing in this section or section 18(b)(1)(B) of the Federal Hazardous Substances Act (15 U.S.C. 1261 note) shall preclude or deny any right of any State or political subdivision thereof to adopt or enforce any provision of State or local law that--
(1) applies to a phthalate that is not described in subsection (d)(3);
(2) applies to a phthalate described in subsection (d)(3) that is not otherwise regulated under this section;
(3) with respect to any phthalate, requires the provision of a warning of risk, illness, or injury; or
(4) prohibits the use of alternatives to phthalates that are not described in subsection (b)(2).
(d) Definitions.--In this section:
(1) Children's product.--The term “children's product” means a toy or any other product designed or intended by the manufacturer for use by a child when the child plays.
(2) Child care article.--The term “child care article” means all products designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething.
(3) Children's product or child care article that contains a specified phthalate.--The term “children's product or child care article that contains a specified phthalate” means--
(A) a children's product or a child care article any part of which contains any combination of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), or benzyl butyl phthalate (BBP) in concentrations exceeding 0.1 percent; and
(B) a children's product or a child care article intended for use by a child that--
(i) can be placed in a child's mouth; and
(ii)(I) contains any combination of diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding 0.1 percent; or
(II) contains any combination of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl phthalate (DnOP), in concentrations exceeding 0.1 percent.
Legislative Activity
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Senate amendment agreed to: Amendment SA 4104 agreed to in Senate by Voice Vote.
March 6, 2008
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Senate amendment agreed to: Amendment SA 4104 agreed to in Senate by Voice Vote.
March 6, 2008
Considered by Senate. (consideration: CR S1669, S1693)
March 6, 2008
Amendment SA 4104 agreed to in Senate by Voice Vote.
March 6, 2008
Considered by Senate. (consideration: CR S1556)
March 5, 2008
Senate amendment submitted
March 4, 2008
Senate amendment proposed (on the floor): Amendment SA 4104 proposed by Senator Feinstein.(consideration: CR S1510-1515; text: CR S1512-1513)
March 4, 2008
Amendment SA 4104 proposed by Senator Feinstein. (consideration: CR S1510-1515; text: CR S1512-1513) To prohibit the manufacture, sale, or distribution in commerce of certain children's products and child care articles that contain specified phthalates.
March 4, 2008
Amendments
1 amendmentOffered to this amendment
Amendments
1 amendmentOffered to this amendment