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Navigating compliance for children’s products, toys, and childcare articles requires strict adherence to Consumer Product Safety Commission (CPSC) standards. Under the Consumer Product Safety Improvement Act (CPSIA), components of children’s products must be tested by a CPSC-accepted, third-party laboratory to ensure they do not contain harmful concentrations of specified phthalates.

However, the CPSC has determined that certain materials inherently do not contain these chemicals. To reduce testing burdens and supply chain costs while maintaining safety, the CPSC permanently removed the third-party testing requirement for seven specific plastics. Here is what manufacturers, importers, and distributors need to know about the exemption, what tests are still required, and how to maintain compliance.

Key Takeaways

  • The CPSC exempts seven specific plastics from mandatory third-party testing for prohibited phthalates in children’s products.
  • These plastics are exempt because they inherently do not contain prohibited phthalates in concentrations above the 0.1% limit.
  • Products made from these plastics must still undergo third-party testing for other hazards, such as lead, heavy metals, and mechanical safety.
  • Manufacturers and importers must still issue a Children’s Product Certificate (CPC) and cite the specific exemption code.

Which 7 Plastics Are Exempt from Phthalate Testing?

The CPSC rule (16 CFR Part 1308) specifies that the following seven plastics are exempt from third-party testing for prohibited phthalates:

  1. Polypropylene (PP)
  2. Polyethylene (PE)
  3. Acrylonitrile butadiene styrene (ABS)
  4. General-purpose polystyrene (GPPS)
  5. Medium-impact polystyrene (MIPS)
  6. High-impact polystyrene (HIPS)
  7. Super-high-impact polystyrene (SHIPS)

If a component of a children’s toy or childcare article is made entirely from one of these unmodified plastics, you do not need to pay a laboratory to test that specific component for phthalates.

Why Did the CPSC Exempt These Plastics?

Phthalates are typically used as plasticizers to make materials like polyvinyl chloride (PVC) softer and more flexible. The CPSC conducted extensive scientific reviews and concluded that the seven plastics listed above do not require the addition of plasticizers to achieve their material properties.

Therefore, these plastics inherently do not contain the specified prohibited phthalates at concentrations above the regulatory limit of 0.1%. Because the risk of contamination or presence is negligible, mandatory third-party testing for these specific polymers is unnecessary.

Read the full press release here.

Other CPSC Tests Are Still Required

A common compliance error is assuming that an exemption from phthalate testing means an exemption from all testing. This is incorrect.

Even if your product is made of 100% Polypropylene or ABS, it must still be tested by a CPSC-accepted laboratory for other applicable safety standards, including:

  • Total Lead Content: Surface coatings and accessible substrate materials.
  • Soluble Heavy Metals: As required by ASTM F963 (Standard Consumer Safety Specification for Toy Safety).
  • Mechanical and Physical Hazards: Testing for small parts, sharp edges, and sharp points.
  • Flammability: Depending on the product type and use case.

How to Document the Exemption on Your CPC

Any manufacturer or importer of children’s products must issue a CPC certifying that their product complies with all applicable safety rules.

If you are using one of the exempt plastics and skipping the phthalate test, you must still list the phthalate regulation rule (16 CFR Part 1307) in Section 2 of your CPC. Then, in the testing section (Section 6), you must cite the exemption rule (16 CFR Part 1308) as the reason third-party testing was not conducted for that specific material. You must also maintain records verifying the material composition of the product.

Need a CPSC-Accepted Laboratory?

Sourcing the right accredited laboratory for lead, heavy metals, or ASTM F963 testing takes time. Contract Laboratory streamlines the procurement process.

Submit a lab request today to get quotes from multiple approved labs.

This article was created with the assistance of Generative AI and has undergone editorial review before publishing.

Frequently Asked Questions (FAQs)

1. Does this exemption apply to recycled plastics?

No. The CPSC exemption only applies to virgin materials. If your product is manufactured using recycled PP, PE, ABS, or polystyrene, the exemption does not apply, and third-party phthalate testing is mandatory.

2. What if my plastic has chemical additives or colorants?

The exemption applies to the base polymers. If additives, colorants, or other substances are added to the plastic that could potentially introduce prohibited phthalates into the material, third-party testing may still be required.

3. How do I find a lab that is officially CPSC-accepted?

The CPSC requires all mandatory testing for children’s products to be conducted by a laboratory formally accepted into their program. Contract Laboratory maintains a vast network of consumer goods and retail product testing facilities. Find a lab or submit a request to connect with facilities holding the proper CPSC accreditations for your specific product type.