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How Does the CPSIA Act of 2008 Affect Your Daycare?

Essentially, effective February 10, 2009 the Consumer Product Safety Improvement Act of 2008 (CPSIA) mandated that, due to health concerns, all products that can be placed in a child's mouth be phthalate free and contain lower levels of heavy metals, such as lead.

Phthalates are often used to soften polyvinyl chloride (PVC) or to make PVC more flexible. In a Daycare the nap mats often have a PVC cover and the cots, foam furniture and many other daycare products are also made of this material… all of which most likely contain phthalates and need to be replaced.

For the safety of our children, home based daycares as well as daycare centers who have not already changed all their products that contain Phthalates to phthalate free products should do so as quickly as possible.

Day cares often require parents to purchase their own rest mats for their child. Therefore, the daycares should also provide the parents with this important information, so they can purchase a new phthalate free nap mat for their child if needed.

Specifically, subsection 108(b)(1) of the CPSIA Act of 2008 further prohibits, on an interim basis, the manufacture, import, distribution, or sale of "children's toys that can be placed in a child's mouth" or child care articles containing more than 0.1% of diisodecyl phthalate (DIDP), diisononyl phthalate (DINP), or di-n-octyl phthalate (DnOP), beginning February 10, 2009.

Subsection 108(e) defines "children's toy" as "a consumer product designed or intended by the manufacturer for a child 12 years of age or younger for use by the child when the child plays." A "child care article" is defined as "a consumer product designed or intended by the manufacturer to facilitate sleep or the feeding of children age 3 and younger, or to help such children with sucking or teething." A toy is considered a "toy that can be placed in a child's mouth"…"if any part of the toy can actually be brought to the mouth and kept in the mouth by a child so that it can be sucked and chewed. If the children's product can only be licked, it is not regarded as able to be placed in the mouth. If a toy or part of a toy in one dimension is smaller than 5 centimeters, it can be placed in the mouth."

We hope this was helpful. Phthalate free day care products can be found at:

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