{"id":"F2011L00192","name":"Competition and Consumer Act 2010 - Consumer Protection Notice No. 11 of 2011 - Permanent ban on children's products containing more than 1% diethylhexyl phthalate (DEHP)","slug":"competition-and-consumer-act-2010-consumer-protection-notice-no-11-of-2011-permanent-ban-on-children","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":86322,"registerId":"commonwealth-F2011L00192-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Competition and Consumer Act 2010 - Consumer Protection Notice No. 11 of 2011 - Permanent ban on children's products containing more than 1% diethylhexyl phthalate (DEHP)","content":"COMMONWEALTH OF AUSTRALIA\n\nCOMPETITION AND CONSUMER ACT 2010\n\nConsumer Protection Notice No. 11 of 2011\n\nPERMANENT BAN ON CHILDREN’S PRODUCTS CONTAINING MORE THAN 1% DIETHYLHEXYL PHTHALATE (DEHP)\n\nI, DAVID BRADBURY, Parliamentary Secretary to the Treasurer, pursuant to subsection 114(1)(a) of Schedule 2 to the Competition and Consumer Act 2010, IMPOSE a permanent ban on the goods specified below.\n\nParticulars of Goods\n\n(a) Toys;\n\n(b) childcare articles including, but not limited to, dummies, pacifiers, teething rings, teething rails, rattles, bibs, gum soothers, and comforting objects; and\n\n(c) eating vessels and utensils including, but not limited to, feeding bottles, sip/sucking cups, bowls, plates, and cutlery\n\nthat:\n\n(d) are intended for use by children up to and including 36 months of age;\n\n(e) contain, or that have a component which contains, more than 1% by weight of the chemical identified by the unique Chemical Abstract Service (CAS) Number 117‑81‑7 (also known as Diethylhexyl phthalate (DEHP), Di(2‑ethylhexyl)phthalate and Bis(2‑ethylhexyl)phthalate); and\n\n(f) are, or have a component containing more than 1% by weight of the chemical identified by the unique Chemical Abstract Service (CAS) Number 117‑81‑7 that is, readily able to be sucked and/or chewed by children up to and including 36 months of age;\n\nbut excluding:\n\n(g) clothing and footwear;\n\n(h) sporting goods;\n\n(i) floatation aids and aquatic toys for the specific purpose of assisting a supervised child to float or swim in water; and\n\n(j) second hand goods.\n\nNote: Goods subject to this Notice and which fail to comply may be subject to compulsory recall.\n\nDated this 1st day of February 2011.\n\nDAVID BRADBURY\n\nParliamentary Secretary to the Treasurer","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This Consumer Protection Notice maintains its original narrow scope. It was always intended as a targeted safety ban on specific children's products containing DEHP, and remains precisely that. The exclusions (clothing, sporting goods, second-hand items) were built into the original instrument and reflect a deliberate risk-based approach focusing on items most likely to be mouthed by young children."},"complexity_factors":["Single, clearly defined prohibition with straightforward percentage threshold (1% by weight)","Limited scope: only 3 categories of goods (toys, childcare articles, eating vessels/utensils)","Clear age cutoff (36 months)","Simple exclusion list (4 categories: clothing/footwear, sporting goods, floatation aids, second-hand goods)","No cross-references to other legislation beyond the enabling power (Competition and Consumer Act 2010)","No defined terms section—relies on ordinary meaning of common words","Single operative clause with logical 'and/or' structure that is easy to follow"],"plain_english_summary":"A permanent ban prohibits sale in Australia of toys, childcare items and eating utensils intended for children 36 months or younger if any part meant to be sucked or chewed contains more than 1% DEHP by weight. Manufacturers, importers and retailers must comply; violating products can be recalled.\n\nExclusions include clothing and shoes, sporting goods, swimming aids/floaties and second-hand items. The ban reduces young children’s exposure to DEHP, a plasticiser that can leach when mouthed and poses health risks."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The supplied Notice declares a permanent ban and defines its scope. No earlier instrument or prior scope is included in the text provided, so there is no basis in the supplied material to identify a change from any original or prior scope."},"complexity_factors":["Chemical-specific numeric threshold (>1% by weight of CAS 117‑81‑7) creates a testing and measurement compliance burden (see (e)).","Product‑category definitions (toys; childcare articles; eating vessels/utensils) require classification of diverse items ((a)–(c)).","Age limit (intended for use by children up to and including 36 months) requires suppliers to determine intended end‑use and marketing (d).","Component-level rule ('contain, or have a component which contains') requires tracing chemicals in parts and subcomponents (e).","Performance/behavioural criterion ('readily able to be sucked and/or chewed') is fact‑sensitive and allows enforcement discretion (f).","Enumerated exclusions (clothing/footwear, sporting goods, specified flotation aids, second‑hand goods) narrow coverage but increase classification tasks ((g)–(j)).","Enforcement consequence — goods failing to comply may be subject to compulsory recall — raises regulatory and commercial risk (Note).","Legal basis invoked is subsection 114(1)(a) of Schedule 2 to the Competition and Consumer Act 2010, which frames the Secretary's delegations and powers used to impose the ban."],"plain_english_summary":"This Notice permanently bans the supply in Australia of toys, childcare articles and eating vessels/utensils intended for children up to 36 months that contain, or have a component containing, more than 1% by weight of DEHP (CAS 117‑81‑7) when that component can be readily sucked or chewed. It applies to manufacturers, importers, distributors and retailers, who must ensure products and components comply or risk compulsory recall; clothing, footwear, many sporting goods, specific flotation aids and second‑hand goods are excluded."}},"importantCases":[],"_links":{"self":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-11-of-2011-permanent-ban-on-children","history":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-11-of-2011-permanent-ban-on-children/history","analysis":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-11-of-2011-permanent-ban-on-children/analysis","conflicts":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-11-of-2011-permanent-ban-on-children/conflicts","importantCases":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-11-of-2011-permanent-ban-on-children/important-cases","documents":"/api/acts/competition-and-consumer-act-2010-consumer-protection-notice-no-11-of-2011-permanent-ban-on-children/documents"}}