[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Notices]
[Pages 45268-45269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20733]
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CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. CPSC-2015-0022]
Guidance Document on Hazardous Additive, Non-Polymeric
Organohalogen Flame Retardants in Certain Consumer Products
AGENCY: Consumer Product Safety Commission.
ACTION: Guidance document.
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SUMMARY: The Commission announces that it has approved a statement that
provides guidance for manufacturers, importers, distributors,
retailers, and consumers of certain consumer products that may contain
harmful organohalogen flame retardants in an additive form. To protect
consumers and children from the potential toxic effects of exposure to
these chemicals, the Commission recommends that manufacturers of
children's products, upholstered furniture sold for use in residences,
mattresses (and mattress pads), and plastic casings surrounding
electronics refrain from intentionally adding non-polymeric,
organohalogen flame retardants (``OFRs'') to their products. Further,
the Commission recommends that, before purchasing such products for
resale, importers, distributors, and retailers obtain assurances from
manufacturers that such products do not contain OFRs. Finally, the
Commission recommends that consumers, especially those who are pregnant
or with young children, inquire and obtain assurances from retailers
that such products do not contain OFRs.
FOR FURTHER INFORMATION CONTACT: DeWane Ray, Deputy Director, Safety
Operations, Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone: (301) 504-7547, or email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the guidance document is as
follows:
Guidance for Hazardous Additive, Non-Polymeric Organohalogen Flame
Retardants in Certain Consumer Products
Summary: The U.S. Consumer Product Safety Commission \1\ issues
this guidance to manufacturers, importers, distributors, retailers, and
consumers to protect consumers (particularly children) from exposure to
additive, non-polymeric organohalogen flame retardants (``OFRs'') \2\
found in the following products: (1) Durable infant or toddler
products, children's toys, child care articles or other children's
products (other than children's car seats); (2) upholstered furniture
sold for use in residences; (3) mattresses and mattress pads; and (4)
plastic casings surrounding electronics.\3\ OFRs, also referred to as
halogenated flame retardants, typically are added to foams, textiles,
and polymers before, during or after production in theory to improve
their resistance to fire. OFRs are not chemically bound to the
substrate and may be released from the product, thereby leading to
potential human and environmental exposures. On June 30, 2015, a
coalition of consumer advocates and health professionals petitioned the
Commission to declare four categories of consumer products containing
OFRs to be ``banned hazardous substances'' under the Federal Hazardous
Substances Act (``FHSA''). The petitioners claim that due to their
inherent physical-chemical properties, OFRs, among other things, are
toxic, migrate widely out of products regardless of how the products
are used, bioaccumulate, and present a serious public health concern.
On September 20, 2017, the Commission voted to grant the petition to
initiate rulemaking under
[[Page 45269]]
the FHSA and directed the staff to convene a Chronic Hazard Advisory
Panel pursuant to the procedures of section 28 of the Consumer Product
Safety Act (15 U.S.C. 2077) to further study the effects of these OFRs
as a class of chemicals on consumers' health. In the meantime, based on
the overwhelming scientific evidence presented to the Commission to
date, the Commission has serious concerns regarding the potential
toxicity of OFRs, and the risks of exposure, particularly to vulnerable
populations, to OFRs, from the four categories of products listed in
the petition. Accordingly, the Commission requests that manufacturers
of children's products, furniture, mattresses, and electronics casings
eliminate the use of such chemicals in these products. The Commission
also recommends that, before purchasing such products for resale,
importers, distributors, and retailers obtain assurances from
manufacturers that such products do not contain OFRs. Finally, the
Commission recommends that consumers, especially those who are pregnant
or with young children, inquire and obtain assurances from retailers
that such products do not contain OFRs.
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\1\ The Commission voted 3-2 to publish this Guidance Document
in the Federal Register. Commissioner Robert S. Adler, Commissioner
Marietta S. Robinson, and Commissioner Elliot F. Kaye voted to
approve publication of the Guidance Document. Acting Chairman Ann
Marie Buerkle and Commissioner Joseph P. Mohorovic voted against
publication of the Guidance Document.
\2\ For purposes of this guidance, OFRs refers to additive, non-
polymeric chemicals only; it does not include reactive or polymeric
OFRs.
\3\ This guidance is not a binding or enforceable rule and would
not change any person's rights, duties, or obligations under the
Federal Hazardous Substances Act or any other Act administered by
the Commission.
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Hazard: Scientific evidence to date demonstrates that OFRs, when
used in non-polymeric, additive form, migrate from consumer products,
leading to widespread human exposure to mixtures of these chemicals.
Exposures to OFRs occur because of the semi-volatile property of these
chemicals that results in migration of the chemicals and the chemicals'
absorption into household dust and other surfaces where they persist in
the indoor environment. At this time, there is no known way to direct
consumers to use affected products in a manner that would guarantee
reducing exposures to the American population to an acceptable level.
Numerous peer-reviewed, published studies show that the vast majority
of consumers have measurable quantities of OFRs in their blood. The
known adverse health effects of these chemicals to consumers include:
Reproductive impairment (e.g., abnormal gonadal development, reduced
number of ovarian follicles, reduced sperm count, increased time to
pregnancy); neurological impacts (e.g., decreased IQ in children,
impaired memory, learning deficits, altered motor behavior,
hyperactivity); endocrine disruption and interference with thyroid
hormone action (potentially contributing to diabetes and obesity);
genotoxicity; cancer; and immune disorders. These chemicals have a
disproportionately negative health effect on vulnerable populations,
including children.
Guidance: Under the FHSA, 15 U.S.C. 1261(g) and (f)(1)(A), any
substance or mixture of substances which is toxic, i.e., that has the
capacity to produce illness through ingestion, inhalation, or
absorption through any bodily surface, and may cause substantial injury
or illness during or as a proximate result of customary or reasonably
foreseeable handing or use is a ``hazardous substance.'' A product
intended or packaged for household use containing a hazardous substance
is required to have precautionary labeling under the FHSA (15 U.S.C.
1261(p)), but if labeling is not adequate to protect against the
potential hazard, the Commission may declare the product banned. (15
U.S.C. 1261(q)(1)(B)). If an article intended for use by children is a
hazardous substance or bears or contains a hazardous substance that is
susceptible of access by a child to whom the article is entrusted, the
article is a banned hazardous substance. Id. 1261(q)(1)(A).
To date, the Commission has not banned household products
containing OFRs or required precautionary labeling for such products.
However, on September 20, 2017, based on the overwhelming scientific
evidence presented to date, the Commission voted to grant the petition
to initiate rulemaking under the FHSA and directed the staff to convene
a Chronic Hazard Advisory Panel pursuant to the procedures of section
28 of the Consumer Product Safety Act (15 U.S.C. 2077) to further study
the effects of OFRs as a class of chemicals on consumers' health. Much
of the evidence currently before the Commission suggests OFRs, as a
class of chemicals, present a serious public health issue. Therefore,
the Commission has serious concerns regarding the potential toxicity of
OFRs, and the risks of exposure, particularly to vulnerable
populations, to OFRs, from the four categories of products listed in
the petition.
For these reasons, the Commission considers the use of OFRs in
children's products, upholstered furniture sold for use in residences,
mattresses and mattress pads, and plastic casings surrounding
electronics to be ill-advised and encourages manufacturers to eliminate
using them in such products. Further, the Commission recommends that,
before, purchasing such products for resale, importers, distributors,
and retailers obtain assurances from manufacturers that such products
do not contain OFRs. Finally, the Commission recommends that consumers,
especially those who are pregnant or with young children, inquire and
obtain assurances from retailers that such products do not contain
OFRs.
Alberta E. Mills,
Acting Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2017-20733 Filed 9-27-17; 8:45 am]
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