Regulations concerning the Prohibition of Phthalates in Toys and a Number of Products for Infants and Small Children Below the Age of 36 Months

Section 1 Scope

These regulations apply to the manufacture, sale and commercial import and export of toys or parts of toys which are marketed at children below the age of 36 months or which must be expected to be used as toys by children in this age group. The regulations also apply to products for infants and small children which are designed or intended for purposes which entail that children below the age of 36 months will suck or chew them.

"Toy" means a product which is clearly designed or intended for the purpose of being used by children at play.

Section 2 Prohibition

The manufacture, import, export or sale of products encompassed by section 1 and containing phthalate additives is prohibited.

"Phthalates" means esters of o-phthalic acid.

Section 3 Supervision

The Norwegian Pollution Control Authority, or whoever the Ministry of the Environment authorises, supervises compliance with these regulations.

Section 4 Exceptions

If called for on special grounds the Norwegian Pollution Control Authority, or whoever the Ministry of the Environment authorises, may by regulations make exceptions from the prohibition.

Section 5 Coercive fines

In order to ensure the implementation of the provisions of these regulations the Norwegian Pollution Control Authority, or whoever the Ministry of the Environment authorises, may impose coercive fines pursuant to the Product Control Act (No. 79 of 11 June 1976) section 13.

Section 6 Appeal

Individual decisions rendered in pursuance of these regulations may be appealed to the Ministry of the Environment or whoever the Ministry of the Environment authorises.

Section 7 Penalties

Violation of these regulations is punishable under the Production Control Act (No. 79 of 11 June 1976) section 12, unless severer penal provisions are applicable.

Section 8 Entry into force

These regulations enter into force immediately. Products manufactured in Norway, or imported into Norway before the these regulations enter into force, may nonetheless be sold in Norway until 1 January 2000.

Comments on the regulations

On section 1

These regulations govern conditions related to toys and a number of products intended for infants and small children and containing phthalate additives. Phthalates is a term applied to many different substances with a variety of characteristics. These substances act as softeners, and are widely used as plasticizers for PVC. They are suspected of having detrimental long-term effects on health and the environment, including effects harmful to reproduction. Phthalates migrate from toys and infants' and small children's products because they do not chemically bond with PVC. The regulations are targeted at toys and products intended for infants and small children below the age of 36 months because children in this age group often chew/suck this type of product.

Relevant products for infants and small children in this connection include dummies (US = pacifiers) and plastic bibs.

Products intended for use in contact with food, e.g. baby bottle/dummy teats, cups and spoons, are not encompassed by these regulations. The latter type of product is subject to Regulations concerning Materials and Objects in Contact with Foods, laid down by the Norwegian Food Control Authority on 21 December 1993.

Toys are in general regulated through Regulations concerning Safety of Toys laid down by the Ministry of Children and Family Affairs on 19 December 1995 and by the Ministry of the Environment on 4 January 1996. The prohibition of phthalates applies alongside section 7 of the Toys Regulations which governs the chemical content of toys.

On section 2

Section 2 imposes a complete ban on the use of phthalates as an additive in toys and a number of products intended for infants and small children below the age of 36 months.