22.04.2020 – SGS AG

Illinois, USA, Proposes Reporting Rule for Children’s Products

SAFEGUARDS | Consumer ProductsNO. 049/20

SG 04920 Car Seat

In February 2020, the US state of Illinois introduced SB 3378 ‘Toxic-Free Kids Act’ to require the Department of Health (DOH) to establish and maintain a list of high priority chemicals of concern to children’s health (HPCCCHs) used in the manufacture of children’s products. The initial list of HPCCCHs should include the list of chemicals of high concern to children (CHCCs) from Washington State Department of Ecology’s reporting list and will be evaluated every two years thereafter.

According to the definitions in the proposal, ‘children’s product’ is defined as products for children under the age of 12:

  • Car seats
  • Childcare articles intended to facilitate sucking, teething, sleep, relaxation, feeding, or drinking
  • Clothing and footwear
  • Cosmetics
  • Jewelry
  • Toys

The proposal requires manufacturers (which includes importers and domestic distributors) to disclose information to the DOH on the use of HPCCCHs in children’s products. Reporting is required if the HPCCCH is:

  • Intentionally added and is equal to or greater than the practical quantification limit (PQL), or
  • A contaminant that is equal to or greater than 100 ppm

The use of an HPCCCH, however, is required to be removed or substituted by the third biennial notice (within six years of the first reporting) if the children’s product is the following:

  • A cosmetic
  • Intended for children under the age of three
  • Mouthable (less than 5 cm in any one dimension of a children’s product or part of a children’s product)

Manufacturers are exempt from removing or substituting HPCCCHs if the concentration levels are within the levels established in the Consumer Product Safety Improvement Act of 2008 (CPSIA, Public Law 110-314). The DOH may also grant a waiver if a manufacturer can provide an alternative assessment demonstrating that it is not financially or technically feasible to remove the HPCCCH.

If approved, Illinois will join the states of New York, Oregon, Vermont and Washington (SafeGuardS 48/20, 135/18, 118/19 and 157/17) for reporting chemicals in children’s products. Maine State also regulates priority chemicals for reporting in ‘children’s products’ (SafeGuardS 78/17).

Highlights of the proposal are summarized in Table 1.

SB 3378 ‘Toxic-Free Kids Act’
101st General Assembly, Illinois
Substance Scope Requirement* Proposed Effective Date
High priority chemicals of concern to children’s health (HPCCCHs)
Products for children under the age of 12**

Reporting to the Department of Health if HPCCCH is

  • Intentionally added and ≥ PQL
  • A contaminant ≥ 100 ppm

(*By submission of third biennial notice, HPCCCH must be removed or substituted if children’s product is a cosmetic, intended for children under the age of 3 or mouthable)

First biennial notice by January 1, 2023

(A biennial notice thereafter by January 1 of the year following the year that the HPCCCH is added to the list)
**Car seats, childcare articles intended to facilitate sucking, teething, sleep, relaxation, feeding, or drinking, clothing and footwear, cosmetics, jewelry and toys

Table 1

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Global Information and Innovation Manager
t: (+852) 2774 7420

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