On 11 June 2008, the Argentinean government issued a resolution to prohibit the sale, manufacture, importation or exportation of toys and childcare products made with plasticised materials containing di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP) or benzyl butyl phthalate (BBP) in concentrations exceeding 0.1 percent. In addition, the resolution banned the sale, manufacture, importation or exportation of children’s toys and childcare articles that can be placed in a child’s mouth if they contain diisononyl phthalate (DINP), diisodecyl phthalate (DIDP) or di-n-octyl phthalate (DnOP) in concentrations exceeding 0.1 percent. The term “childcare article” is defined in the legislation as a product intended to facilitate sleep, relaxation, hygiene and feeding of children. This ban was originally slated to enter into force on 9 September 2008 but the implementation date was later extended to 11 March 2009.

The resolution also required imports of toys and childcare articles made of flexible materials to be accompanied by a technical report prepared by Argentina’s Plastic Industry Centre for Research and Development confirming that those products do not contain any of the banned phthalates. However, the implementation of this requirement was postponed from 11 March to 23 October 2009 due to unforeseen technical difficulties and in an effort to mitigate the impact of inventory accumulation during the economic recession. Effective from 23 October, Argentinean importers will be required to present either (1) the aforementioned technical report or (2) a sworn statement attesting compliance with the phthalate requirements and a document from the Plastic Industry Centre for Research and Development showing that a request for a technical report was filed with that institution prior to 23 September 2009.

Argentinean authorities have also provided additional information on the scope of the phthalate ban. For example, it is now known that the ban includes toys intended for children younger than 14 years of age as well as packaging made with flexible PVCs that will be utilised and remain available to children during the useful life of the product (e.g., bags and handbags). On the other hand, the ban does not cover articles made exclusively of rigid materials, clothing or footwear, electrical wires, or braking cables or tyres of bicycles, tricycles, rollers, skate boards, cribs or baby carriages.