Children's plastic products with more than 1 per cent DEHP

This ban prohibits supply of certain plastic products that:

• are intended for use by children up to and including 36 months of age
• contain or have an accessible component containing more than 1 per cent by weight of DEHP
• are products that children up to and including 36 months of age can readily chew and/or suck .

This ban only applies to toys, childcare articles, and eating vessels and utensils that meet each of the above criteria.

On this page:

What is DEHP?

DEHP is a  chemical identified by the unique Chemical Abstract Service (CAS) Number 117-81-7. It is also known as:

• Diethylhexyl phthalate
• Di(2-ethylhexyl)phthalate and Bis(2-ethylhexyl) phthalate.

DEHP is a commonly used plasticiser that is used to make plastics such as polyvinyl chloride (PVC) soft and flexible. The use of DEHP in many applications, other than those covered by this ban, are considered appropriate and safe.

Hazards

Possible adverse effects on children

• a risk of reproductive toxicity for children up to and including 36 months of age who may extensively chew and suck (mouth) objects on a recurrent basis for substantial periods of time—in excess of 40 minutes per day.
• no risk to older children or to adults because they have less substantial mouth contact with plastic materials that contain DEHP
• no safety concerns for any age group, including infants, if their skin comes into contact with products containing DEHP.

Products covered by the ban

Only products or components that are made from soft flexible plastic or foamed plastic will potentially contain DEHP. The ban includes the following non-exhaustive lists of products.

Toys made from soft plastic or with a soft plastic component

• bath toys
• bats and balls such as imitation, miniature or novelty versions of sporting goods
• dolls, cars, trains, dress ups and blocks PVC squeeze toys such as plastic ducks
• plastic figures
• inflatable toys and balls other than those for the specific purpose of assisting a supervised child to float or swim in water
• infant activity centres and infant gyms
• musical instruments
• developmental and educational toys for infants
• soft books / bath books
• toys or accessories intended to hang from, or attach to, larger toys and childcare articles.

Childcare articles made from plastic or with a plastic component for children up to and including 36 months of age can readily suck and/or chew

These are expressly included in the ban:

• dummies
• pacifiers
• teething rings
• teething rails
• rattles
• bibs
• gum soothers
• comforting objects.

Eating vessels and utensils made from plastic or with a plastic component that are intended for feeding infants up to and including 36 months of age

These are expressly included in the ban:

• feeding bottles
• sip/sucking cups
• bowls
• plates
• cutlery.

Products excluded from the ban

These goods are expressly excluded:

• clothing and footwear
• sporting goods
• flotation aids and aquatic toys for the specific purpose of assisting a supervised child to float or swim in water
• second-hand goods are also not covered by this ban.

These are other items that children up to and including 36 months are not likely to suck or chew regularly over substantial periods. While these are not expressly excluded from the ban, it is considered that they are not covered:

• large toys such as cubby houses, slides and swings
• childcare articles with restraints to hold the child such as change tables, prams and car seats
• eating vessels and utensils for older children and adults
• single use disposable cutlery.

Materials such as metal, wood, glass, ceramic, natural fibre fabrics and hard rigid plastics do not contain DEHP.

The ban

Consumer Protection Notice No. 11 of 2011 prescribes requirements of this ban which was declared on 1 February 2011.

Complying with the ban

Details provided below are designed to help you comply with this ban. But for complete information we strongly advise you to read :

• Consumer Protection Notice No. 11 of 2011
• Supplier guide—Children’s plastic products with more than 1 per cent diethylhexyl phthalate (DEHP)
• documents listed below relating to appropriate age labelling.

Check for appropriate age labelling

Under the ban, toys that are labelled as not being suitable for children under 36 months or under three  years of age are not covered if the age labelling is appropriate for
the product. You can find guidance for establishing age grades of toys in:

• Annex B of AS/NZS ISO 8124.1:2002 Safety of Toys
• the United States Consumer Product Safety Commission (CPSC) Age Determination Guidelines: Relating Children’s Ages To Toy Characteristics and
  Play Behaviour—September 2002, which is available free of charge from the CPSC website.

Check for compliance

There are several means of checking for compliance, including using:

• quality assurance programs
• validated manufacturer specifications
• certification from raw material suppliers or upstream
• suppliers/manufacturers
• end product analytical testing.

Ensure tests and test reports are correct

The concentration limit of 1 per cent of the weight equates to a maximum limit of 10 000 milligrams per kilogram (mg/kg) when expressed in the internationally recognised SI units.

In the case of products made from more than one component, the 1 per cent weight concentration limit only applies to each individual component that may contain DEHP.

Internal components that are inaccessible to mouthing are not readily sucked and/or chewed by children. Such internal components are not included in determining the 1 per cent by weight concentration limit for DEHP.

Suppliers should anticipate the possibility of the ACCC checking compliance at any time. Where you are undertaking and relying on results of analytical testing, always organise testing through specialist laboratories with the right skills, experience and equipment.

Penalties and consequences

Suppliers can face heavy fines and recalls of non-compliant products if they supply banned children's plastic products. For more details, view Penalties and consequences.