SECTIONS 108935-108939 - California Statutes

HEALTH AND SAFETY CODE

SECTION 108935-108939

108935. For the purposes of this chapter, the following terms have
the following meanings:
(a) "Toy" means all products designed or intended by the
manufacturer to be used by children when they play.
(b) "Child care article" means all products designed or intended
by the manufacturer to facilitate sleep, relaxation, or the feeding
of children, or to help children with sucking or teething.

108937. (a) Commencing January 1, 2009, no person or entity shall
manufacture, sell, or distribute in commerce any toy or child care
article that contains di-(2-ethylhexyl) phthalate (DEHP), dibutyl
phthalate (DBP), or benzyl butyl phthalate (BBP), in concentrations
exceeding 0.1 percent.
(b) Commencing January 1, 2009, no person or entity shall
manufacture, sell, or distribute in commerce any toy or child care
article intended for use by a child under three years of age if that
product can be placed in the child's mouth and contains diisononyl
phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octyl
phthalate (DnOP), in concentrations exceeding 0.1 percent.

108939. (a) Manufacturers shall use the least toxic alternative
when replacing phthalates in accordance with this chapter.
(b) Manufacturers shall not replace phthalates, pursuant to this
chapter, with carcinogens rated by the United States Environmental
Protection Agency as A, B, or C carcinogens, or substances listed as
known or likely carcinogens, known to be human carcinogens, likely to
be human carcinogens, or suggestive of being human carcinogens, as
described in the "List of Chemicals Evaluated for Carcinogenic
Potential," or known to the state to cause cancer as listed in the
California Safe Drinking Water Act (Chapter 4 (commencing with
Section 116270) of Part 12).
(c) Manufacturers shall not replace phthalates, pursuant to this
chapter, with reproductive toxicants that cause birth defects,
reproductive harm, or developmental harm as identified by the United
States Environmental Protection Agency or listed in the California
Safe Drinking Water Act (Chapter 4 (commencing with Section 116270)
of Part 12).