HR 4030
110th CONGRESS
1st Session
H. R. 4030
To prohibit the manufacture, sale, or distribution in commerce
of certain children's products and child care articles that contain phthalates.
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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Children's Chemical Risk Reduction Act'.
SEC. 2. 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:
(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.
END
