The North Carolina General Assembly is considering legislation that would prohibit use of certain chemicals in children’s products sold in the state. It would also establish a list of high concern and priority chemicals and require children’s product manufacturers to report on the use of these chemicals and assess alternatives to ensure their human health safety.
Known as the North Carolina Toxic-Free Kids Act, bill HB 848 would bar bisphenol A (BPA), six phthalates, and the so-called “Tris” chlorinated flame retardants – tris(2-chloroethyl)phosphate (TCEP) and tris(1,3-dichloro-2-propyl) phosphate (TDCPP) – from products intended for children under the age of 12. These would include toys, clothing, personal and child care products, food containers and car seats.
The six phthalates are: (di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), diisononyl phthalate (DINP), diisodecyl phthalate (DIDP) and di-n-octyl phthalate (DnOP).
The bill’s requirements would not apply to previously sold or owned products, process chemicals not present in the final product, agricultural chemicals, motor vehicles, electronics that comply with the EU’s restriction of certain hazardous substances (RoHS) Directive, sports equipment, medical devices or food and beverage packaging, with the exception of infant formula and baby and toddler food containers.
Under the bill, the North Carolina Department of Environment and Natural Resources, in consultation with the state Department of Health and Human Services Public Health Division, would prepare an initial chemicals of concern list by 1 June 2014.
Reporting on the use of these chemicals would begin by 1 November 2014. Manufacturers’ analyses of alternatives to BPA and the designated phthalates would be due by 1 December 2014; and for alternatives to “Tris” compounds by 1 April 2015. Manufacturers with annual gross sales of $5m or less would be exempt from the bill’s alternatives assessment requirements.
The bill was referred to the House Committee on Commerce and Job Development on 15 April.