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Commercial Information Circulars

Appendix - Commercial Information Circular No. 156/99

Regulation Concerning the Prohibition of Phthalates in
Toys and in Products for Infants and Small Children Below the Age of 36 Months

 

(DRAFT FORM)

Laid down by the Ministry of the Environment on XX XX 1998 in pursuance of the Product Control Act (No. 79 of 11 June 1976) section 4, ref. Royal Decree of 7 September 1990. Ref. EEA Agreement annex II chapter XIX (Council Directive 83/189 as amended by Council Directive 88/182 and European Parliament and Council Directive 94/10).

Section 1 Prohibition

It is prohibited to manufacture, import, export or sell toys or parts of toys to which phthalates have been added and which are marketed at children below the age of 36 months or which must be expected to be used as toys by children in this age group.

The prohibition also applies to products for infants and small children which are designed, manufactured or sold for purposes which entail that children below the age of 36 months can be expected to suck or chew them.

Products intended to be used in contact with foodstuffs are not encompassed by these regulations.

Section 2 Definitions

"Phthalates" means esters of o-phthalic acid.

"Toy" means a product which is clearly designed, manufactured or sold for the purpose of being used by children at play.

Section 3 Supervision/control

The Norwegian Pollution Control Authority, or whoever the Ministry of the Environment authorises, supervises compliance with these regulations.

Section 4 Exceptions

If called for on special grounds the Norwegian Pollution Control Authority, or whoever the Ministry of the Environment authorises, may by regulations make exceptions from the prohibition.

Section 5 Coercive fines

In order to ensure the implementation of the provisions of these regulations the Norwegian Pollution Control Authority, or whoever the Ministry of the Environment authorises, may impose coercive fines pursuant to the Product Control Act (No. 79 of 11 June 1976) section 13.

Section 6 Appeal

Individual decisions rendered in pursuance of these regulations may be appealed to the Ministry of the Environment or whoever the Ministry of the Environment authorises.

Section 7 Penalties

Violation of these regulations is punishable under the Product Control Act (No. 79 of 11 June 1976) section 13, unless severer penal provisions are applicable.

Section 8 Entry into force

The regulations enter into force on XX XX 1999. Products manufactured in Norway, or imported into Norway before these regulations enter into force, may nonetheless be sold in Norway until 1 January 2000.

Comments on the regulations

To section 1

These regulations govern conditions related to toys and a number of products intended for infants and small children and containing phthalate additives. Phthalates is a term applied to many different substances with a variety of characteristics. These substances act as softeners, and are widely used as plasticizers for PVC. They are suspected of having effects harmful to reproduction. Phthalates migrate from toys and infants¡¦ and small children¡¦s products because they are not chemically bonded to the PVC. The regulations are targeted at toys and a number of products intended for infants and small children below the age of 36 months because children in this age group chew/suck this type of product to a far larger extent than older children.

Section 1 imposes a complete ban on the use of phthalates as an additive in toys and a number of products intended for infants and small children below the age of 36 months. Relevant products for infants and small children in this connection include dummies (US = pacifiers) and plastic bibs. Products intended for use in contact with food (e.g. baby bottle/dummy teats, cups and spoons) are subject to Regulations concerning Materials and Objects in Contact with Foods, laid down by the Norwegian Food Control Authority on 21 December 1993, and therefore do not come under the present regulations.

Toys are governed by Regulations concerning Safety of Toys laid down by the Ministry of Children and Family Affairs on 19 December 1995 and by the Ministry of the Environment on 4 January 1996. The prohibition of phthalates applies alongside section 7 of the Toys Regulations which governs the chemical content of toys.