ARCHIVED — Phthalates Regulations

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Vol. 144, No. 26 — December 22, 2010

Registration

SOR/2010-298 December 10, 2010

HAZARDOUS PRODUCTS ACT

P.C. 2010-1577 December 9, 2010

His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 5 (see footnote a) of the Hazardous Products Act (see footnote b), hereby makes the annexed Phthal-ates Regulations.

PHTHALATES REGULATIONS

INTERPRETATION

Definitions

1. The following definitions apply in these Regulations.

“child care article”
« article de puériculture »

“child care article” means a product that is intended to facilitate the relaxation, sleep, hygiene, feeding, sucking or teething of a child under four years of age.

“good laboratory practices”
« bonnes pratiques de laboratoire »

“good laboratory practices” means practices that are in accordance with the principles set out in the Organisation for Economic Co-operation and Development document entitled OECD Principles of Good Laboratory Practice, Number 1 of the OECD Series on Principles of Good Laboratory Practice and Compliance Monitoring, ENV/MC/CHEM(98)17, the English version of which is dated January 21, 1998 and the French version of which is dated March 6, 1998.

“phthalate”
« phtalate »

“phthalate” means di(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), diisononyl phthalate (DINP), diisodecyl phthalate (DIDP) or di-n-octyl phthalate (DNOP).

“toy”
« jouet »

“toy” means a product that is intended for use by a child under 14 years of age in learning or play.

AUTHORIZATION

Advertising, sale and importation

2. The advertising, sale and importation of toys and child care articles composed of vinyl containing phthalates are authorized if the toys and child care articles meet the requirements of these Regulations.

REQUIREMENTS

DEHP, DBP and BBP

3. The vinyl in a toy or child care article must contain not more than 1 000 mg/kg of di(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP) or benzyl butyl phthalate (BBP) when tested in accordance with a method that conforms to good laboratory practices.

DINP, DIDP and DNOP

4. (1) The vinyl in any part of a toy or child care article that can, in a reasonably foreseeable manner, be placed in the mouth of a child under four years of age must contain not more than 1 000 mg/kg of diisononyl phthalate (DINP), diisodecyl phthalate (DIDP) or di-n-octyl phthalate (DNOP) when tested in accordance with a method that conforms to good laboratory practices.

Interpretation

(2) For the purpose of subsection (1), a part of a toy or child care article can be placed in the mouth of a child under four years of age if

(a) it can be brought to the child’s mouth and kept there so that it can be sucked or chewed; and

(b) one of its dimensions is less than 5 cm.

Dimensions — deflated state

(3) For the purpose of paragraph (2)(b), if a part of a toy or child care article is inflatable, its dimensions must be determined in its deflated state.

COMING INTO FORCE

Six months after registration

5. These Regulations come into force six months after the day on which they are registered.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2010-297, Order Amending Schedule I to the Hazardous Products Act (Phthalates).

Footnote a
S.C. 2004, c. 9, s. 2

Footnote b
R.S., c. H-3