Mark S. Granger
Mark S. Granger

  Mark S. Granger
  Admitted to Practice in MA and NY

  PO Box 487, 1094 US RT 9
  Schroon Lake, NY 12870


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I know that it seems like I just wrote to you about all this, but there are more and important changes ahead and not just from our "friends" in California. There is recent news from the CPSC and other state programs.

CPSC - Toys and Childcare Products
I know - you are already skipping this paragraph - BUT DON'T! It is surprising what could become a child care product. Example putting an infant on a yoga mat can make it a child care product! Starting April 2018 there are changes to the phthalate list for these products. Some are going off the list but more are coming on. Note that this does not affect responsibilities under CA Prop 65. First the good news DNOP and DIDP are off the list. DIBP, DPNB, DPEN, DHEXP, and DCHP joined the list and are now involved with limits of 1000ppm. The product containing the phthalate contained in the product must now only be accessible. They have thrown out the mouth-ability test.

So if you are making a product that is accessible and could be used as a child care product and which is not subject to the sporting goods exception, you need to be testing for the above new phthalates plus DEHP, DBP, BBP, and DINP.

Federal Regulation - Formaldehyde in Laminated Wood
A complex new system of labeling and testing for formaldehyde emissions from laminated wood products, which can be in furniture and sports products (no sporting goods exception) has been enacted under the Toxic Substances Control Act. Compliance dates as are early as December 2018 with limits on importation. Requirements appear to be similar to those of the California CARB rules. These can be present in benches, platforms and other wooden structures that are part of fitness or gym/health club equipment.

Flame Retardant: Maine
Effective January 1, 2019 flame retardant limited to 1000 pm or .1% of content in cushions and surfaces

Flame Retardant: Rhode Island
Residential furniture and bedding and children's products limited to 100ppm (not a typo) of flame retardant effective July 1, 2019

Children's Products: Washington State
Substantially expands list of covered chemicals effective January 31, 2019 which requires reporting on 85 Chemicals which are accessible.

Chemicals of Concern: Oregon
Limited to childcare products, foot ware, and children's car seats- 66 chemicals. Biannual reporting starting January 2018

Antimony, Arsenic, Cadmium, Lead, Mercury: Albany County NY and Suffolk County NY
Products for children under age 12.
Soluble: 60 ppm Antimony, 25 ppm Arsenic, 75 ppm Cadmium, 60 ppm Mercury / Total: 90 ppm surface coating, 100 ppm substrate lead
Now fully in effect. Reporting and letter certification required.

Cleaning Products: NY and CA
Previously reported.

Please let me know when you want to discuss any of these.

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