[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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]
BILLING CODE P