Environmental Health
Healthy Products, Healthy Children Ordinance | Ban on Phthalates for Children's Products
To reduce, and ultimately eliminate, manufacture and sale of any toy or child care product listed by the City to contain phthalates.
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The City and County of San Francisco adopted the Healthy Products, Healthy Children Ordinance in June 2006, banning the sale, manufacture, and distribution of children’s products containing the six particularly noxious phthalates. The state passed a similar ban later that same year, and in July 2008, the US Congress approved a nationwide ban on phthalates in children’s products.
Phthalates are chemicals that are used to make polyvinyl chloride plastic soft and flexible, and they had been used commonly in such products as rubber duckies, teething rings, and bath toys. However, excessive exposure to phthalates can lead to premature birth and reproductive harm (sperm damage and reduced testosterone).
All retailers in San Francisco selling products that can be placed in a child’s mouth must adhere to the Federal phthalate ban; San Francisco, in efforts to promote enforcement of the Federal law and help local retailers and parents choose safe products, has been testing toys for phthalate content. The City has partnered with the California Department of Toxics Substances Control (DTSC) to test various toys and products and enforce a phthalate limit of 0.1% in these items.
The Department of the Environment and the Department of Public Health held numerous stakeholder meetings for the targeted audience to assist the public in understanding the requirements and timeline of the ban, as well as to provide a place for voicing opinions and comments.
The agencies also distributed fact sheets and lists of identified hazardous product to concerned citizens and retailers alike, and published a list of products known to contain the subject phthalates in order to assist retailers to comply with the Ordinance.
The San Francisco Department of Environment budgeted $20,000 for testing, based on estimates that it costs approximately $200-$350 per toy tested.
The Consumer Products Safety Commission (CPSC) regulates manufacturers, with legal rights to ask for specific information regarding their use of phthalates and PVC; however, the CPSC does not govern labeling of those products. It is incumbent upon retailers to get accurate information from manufacturers in order to comply with this requirement.
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