H.R. 4030 – Reading Mode

110th CONGRESS

1st Session

H. R. 4030

IN THE HOUSE OF REPRESENTATIVES

October 31, 2007

Ms. Hooley (for herself, Ms. Solis, and Mr. Markey) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To prohibit the manufacture, sale, or distribution in commerce of certain children’s products and child care articles that contain phthalates.

Short title

This Act may be cited as the Children’s Chemical Risk Reduction Act.

Ban on certain products containing phthalates

(a)

Findings

Congress finds that—

(1)

phthalates are a class of chemicals used in polyvinyl chloride (PVC) plastic to improve flexibility and in cosmetics to bind fragrance to the product and are used in many products intended for use by young children, including teethers, toys, and soft plastic books;

(2)

there is extensive scientific literature reporting the hormone-disrupting effects of phthalates and substantial evidence of phthalates found in humans at levels associated with adverse effects.

(b)

Banned hazardous substance

Effective January 1, 2009, any children’s product or child care article that contains a 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 article.

(c)

Prohibition on use of certain alternatives to phthalates in children’s toys and child-care products

(1)

In general

If a manufacturer modifies a children’s product or child care article that contains a phthalate to comply with the ban under subsection (b), such manufacturer shall—

(A)

use an alternative to phthalates that is the least toxic; and

(B)

not use any of the prohibited alternatives to phthalates described in paragraph (2).

(2)

Prohibited alternatives to phthalates

The prohibited alternatives to 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.

(d)

Definitions

As used in this Act—

(1)

the term children’s product means a toy or any other product designed or intended by the manufacturer for use by a child;

(2)

the term child care article means any product designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething; and

(3)

the term children’s product or child care article that contains a 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 less than 3 years of age 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.