{"id":"F2010L03282","name":"Trade Practices Act 1974 - Consumer Protection Notice No. 6 of 2010 - Declaration that certain goods containing more than 1% diethylhexyl phthalate (DEHP) are unsafe goods","slug":"trade-practices-act-1974-consumer-protection-notice-no-6-of-2010-declaration-that-certain-goods-cont","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":85543,"registerId":"commonwealth-F2010L03282-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Trade Practices Act 1974 - Consumer Protection Notice No. 6 of 2010 - Declaration that certain goods containing more than 1% diethylhexyl phthalate (DEHP) are unsafe goods","content":"COMMONWEALTH OF AUSTRALIA\n\nTRADE PRACTICES ACT 1974\n\nConsumer Protection Notice No. 6 of 2010\n\nDECLARATION THAT CERTAIN GOODS CONTAINING MORE THAN 1% DIETHYLHEXYL PHTHALATE (DEHP) ARE UNSAFE GOODS\n\nI, CRAIG EMERSON, Minister for Competition Policy and Consumer Affairs, pursuant to section 65C(5) of the Trade Practices Act 1974 DECLARE goods of the kind specified below to be unsafe goods:\n\nParticulars of goods:\n\na) Toys;\n\nb) childcare articles including, but not limited to, dummies, pacifiers, teething rings, teething rails, rattles, bibs, gum soothers, and comforting objects; and\n\nc) eating vessels and utensils including, but not limited to, feeding bottles, sip/sucking cups, bowls, plates, and cutlery\n\nthat:\n\nd) are intended for use by children up to and including 36 months of age;\n\ne) 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 117­81-7 (also know as Diethylhexyl phthalate (DEHP), Di(2-ethylhexyl)phthalate and Bis(2-ethylhexyl)phthalate); and\n\nf) 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\ng) clothing and footwear;\n\nh) sporting goods;\n\ni) floatation aids and aquatic toys for the specific purpose of assisting a supervised child to float or swim in water; and\n\nj) second hand goods.\n\nDated this 26th day of February 2010\n\nCRAIG EMERSON\n\nMinister for Competition Policy and Consumer Affairs","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This Consumer Protection Notice operates exactly within its intended scope under section 65C of the Trade Practices Act 1974 (now the Australian Consumer Law). It uses the specific power to declare unsafe goods to address a targeted chemical safety risk in children's products. The exclusions (clothing, sporting goods, second-hand goods) are consistent with the original regulatory intent to focus on items most likely to result in DEHP ingestion through mouthing behaviour, while avoiding overreach into goods with different risk profiles or existing circulation."},"complexity_factors":["Single operative provision: one declaration under section 65C(5) of the Trade Practices Act 1974","Only 10 defined categories of goods (a-j), with straightforward inclusion/exclusion logic","Single quantitative threshold: 1% by weight of DEHP (CAS Number 117-81-7)","Single age cutoff: 36 months","No cross-references to other legislation beyond the empowering provision (section 65C(5))","No conditional exceptions or nested definitions","Clear physical test: 'readily able to be sucked and/or chewed'","Document length: approximately 250 words"],"plain_english_summary":"This law bans sale in Australia of baby and toddler products (for children 36 months and under) that contain more than 1% DEHP in any part that can be sucked or chewed. \n\nIt affects manufacturers, importers and retailers by prohibiting unsafe goods and protects parents by reducing infants' exposure to a plasticiser linked to hormone and developmental harm."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument exercises the declaration power in s65C(5) to designate specified goods as unsafe; it does not itself state or record any change to the Trade Practices Act’s broader scope or other legislative instruments. The notice limits its effect to the listed product categories, age range, chemical threshold and listed exclusions (parts a–j)."},"complexity_factors":["Legal basis: uses the declaration power under s65C(5) of the Trade Practices Act 1974, which places decision-making and enforcement within Commonwealth consumer-safety frameworks (header).","Product scope breadth: covers broad categories (toys; childcare articles; eating vessels and utensils) with open-ended examples (“including, but not limited to”) (particulars a–c).","Age cutoff: applies only to goods intended for children up to and including 36 months, requiring determination of intended age use (d).","Chemical threshold: a numerical limit (>1% by weight) requires quantitative testing and specification of measurement methods (e).","Substance identification: references a single CAS number (117-81-7) for DEHP, necessitating chemical matching in tests (e).","Component-level rule: applies where a component contains >1% DEHP, so parts must be tested separately and in situ (b, e).","Functional test ambiguity: term “readily able to be sucked and/or chewed” introduces interpretive uncertainty for enforcement and compliance (f).","Exclusions: specific carve-outs (clothing, footwear, sporting goods, certain flotation aids, second-hand goods) create boundary issues and enforcement complexity (g–j).","Compliance burden: manufacturers/importers/retailers must implement testing, product design changes or supply-chain checks to demonstrate compliance (implicit from threshold, component and age tests).","Enforcement and supply-chain effects: declaration creates potential for recalls, seizures or bans, and may produce substitution effects for materials and product design (mechanical effect of declaring goods unsafe)."],"plain_english_summary":"This notice (under s65C(5) of the Trade Practices Act 1974) declares certain toys, childcare articles and eating vessels intended for children up to 36 months as unsafe if they contain more than 1% by weight of DEHP and are readily able to be sucked or chewed. \n\nIt affects manufacturers, importers, distributors and retailers of those products by creating a legal safety prohibition for specified items and requiring them to ensure components meet the chemical threshold; clothing, sporting goods, flotation aids and second‑hand goods are excluded."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-6-of-2010-declaration-that-certain-goods-cont","history":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-6-of-2010-declaration-that-certain-goods-cont/history","analysis":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-6-of-2010-declaration-that-certain-goods-cont/analysis","conflicts":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-6-of-2010-declaration-that-certain-goods-cont/conflicts","importantCases":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-6-of-2010-declaration-that-certain-goods-cont/important-cases","documents":"/api/acts/trade-practices-act-1974-consumer-protection-notice-no-6-of-2010-declaration-that-certain-goods-cont/documents"}}