The NSW Government has banned the supply of children’s products containing more than 1 per cent of the chemical, diethylhexyl phthalate (DEHP).

Minister for Fair Trading Virginia Judge said the NSW ban complemented a ban by the Australian Competition and Consumer Commission.

“DEHP is used to make plastics soft or pliable,” she said.

“This precautionary measure will help ensure young children in NSW are protected from even a small chance of exposure to harmful levels of this chemical,” she said.

An assessment by the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) found a risk of reproductive toxicity for children aged up to and including three years if they chew and suck objects containing more than 1 per cent of DEHP on a recurrent basis for more than 40 minutes per day.

The NICNAS study established that the risk does not apply to older children or to adults, who have less substantial mouth contact with plastic materials that contain DEHP.

It also found that skin contact with products containing DEHP is not a safety concern for any age group, including infants.

The Commonwealth and complementary State bans apply to:

• toys
• childcare articles including, but not limited to, dummies, pacifiers, teething rings, teething rails, rattles, bibs, gum soothers, and comforting objects, and
• eating vessels and utensils including, but not limited to, feeding bottles, sip/sucking cups, bowls, plates and cutlery.

Ms Judge said all suppliers are equally responsible for ensuring the products they supply meet the requirements of the ban.

“This includes manufacturers, importers, distributors and retailers,” she said.

The Australian plastic and toy industry has advised Fair Trading is not used by local manufacturers.

“The risk is in products coming in from overseas markets,” Ms Judge said.

Fair Trading advises that while there is no available evidence DEHP is present in plastic toys and baby products available in NSW, inspectors would undertake testing as part of routine compliance checks.

Traders who supply products in contravention of the ban face penalties of up to $22,000 for individuals and up to $110,000 for corporations.

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