CPSC Considers Exempting Certain Natural Materials, Metals from CPSIA Children's Lead Content Testing/Certification
Note that CPSC has since posted a substantially similar proposed rule which states its effect would be to exempt certain natural materials/metals from CPSIA lead content testing. The proposed rule does not explicitly state whether certification would also be relieved. (See ITT's Online Archives or 01/13/09 news, 09011305, for BP summary.)
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The Consumer Product Safety Commissioners are considering whether to issue a proposed rulemaking to exempt certain natural materials, metals, and alloys from the lead content testing and conformity certification requirements for children's products1 of the Consumer Product Safety Improvement Act of 2008 (CPSIA2).
The Commissioners, who were scheduled to complete a ballot vote by January 5, 2009 on the proposed rulemaking, may also recommend changes to it. Note that the staff memo and preliminary regulatory analysis posted by CPSC in connection with this rulemaking differ in certain details.
(The CPSIA imposes progressive limits on lead content in children's products beginning February 10, 2009, when any children's product containing more than 600 parts per million (ppm) total lead content by weight for any part of the product will be treated as a banned hazardous substance. This is followed by decreases in the allowable lead content limit on August 14, 2009 to 300 ppm and on August 14, 2011 to 100 ppm, if feasible. The CPSIA also mandates certain testing and conformity certification demonstrating compliance with these limits.)
Staff Recommends Certain Natural Materials be Found Inherently Lead-Compliant
The staff memo recommends that the CPSC find that the following natural materials inherently do not contain lead or if they do, contain lead at levels that do not exceed the CPSIA lead content limits for children's products:
wood;
natural fibers, including cotton, silk, wool, hemp, flax, and linen;
precious gemstones: diamond, ruby, sapphire, emerald;
certain semiprecious gemstones, defined as any of many minerals and other materials commonly used to make jewelry and other adornments (provided that the mineral or material is not based on lead or lead compounds and is not associated in nature with any mineral that is based on lead or lead compounds);3
natural or cultured pearls; and
other natural materials including coral, amber, feathers, fur and untreated leather.
Natural materials treated with chemicals, dyes, etc. would not be exempt. CPSC staff is recommending that these findings only apply to a material that is untreated and unadulterated by the addition of materials or chemicals including pigments, dyes, coatings, finishes or any other substance, and has not undergone any processing that could result in lead content that exceeds the CPSIA lead limits.
(Note that the preliminary regulatory analysis does not mention "processing" and states that any addition of materials or chemicals (as described above) could not result in the "addition of lead.")
Staff Recommends Certain Metals/Alloys be Found Inherently Lead-Compliant
The staff memo recommends that the CPSC find that the following metals and alloys do not contain lead or if they do, contain lead at levels that do not exceed the CPSIA lead content limits for children's products:
surgical steel;
precious metals: gold (at least 10 karat), sterling silver (at least 925/1000), platinum, palladium, rhodium, osmium, iridium, ruthenium.
No lead could be added intentionally. The CPSC staff recommends that these findings apply solely to the specified metals and common precious metal alloys of such metals, provided that no lead or lead-containing metal is intentionally added.
Certain components (solder, fill, etc.) would not be exempt. The CPSC staff further recommends that the findings not extend to the non-steel or non-precious metal components of a product, such as solder or base metals in electroplate, clad or fill applications.
CPSC Could Issue Rulemaking to Exempt Such Materials/Products from CPSIA Testing/Certification
The CPSC states that if it were to find that the above natural materials, metals, and alloys do not inherently contain lead in excess of the CPSIA limits and issue a rulemaking, the effect would be to relieve these materials and products from CPSIA's testing and certification requirements.
(The preliminary regulatory analysis does not define or explain "products," and the term "products" are not mentioned in the staff memo.)
1"Children's products" under the CPSIA are consumer products designed or intended primarily for children 12 years old or younger. In determining whether a consumer product is primarily intended for such children, the CPSIA outlines certain factors to be considered, including a statement by the manufacturer about the intended use of the product, etc.
2The CPSIA was enacted as Public Law 110-314 on August 14, 2008
3Minerals that contain lead or are associated in nature with minerals that contain lead include, but are not limited to, the following: aragonite, bayldonite, boleite, cerussite, crocoite, linarite, mimetite, phosgenite, vanadinite, and wulfenite)
(See ITT's Online Archives or 12/29/08 news, 08122905, for previous BP summary of this and other staff memos and draft documents regarding exceptions to CPSIA lead content requirements.
See ITT's Online Archives or 11/14/08 news, 08111410 and 08111415, for BP summaries of CPSC's public meeting and FAQ/timeline on lead content.
See ITT's Online Archives or 08/27/08 and 09/10/08 news, 08082705 and 08091005, for BP summaries of the CPSIA lead content provisions and children's product certification requirements, respectively.)
CPSC staff memo (dated 12/24/08) and preliminary regulatory analysis (dated 12/23/08) available at http://www.cpsc.gov/library/foia/foia09/brief/leadlimits.pdf
BP Note
On December 31, 2008, eleven textile and apparel associations sent a letter to the CPSC requesting it extend its draft proposed exemptions to the textile articles and components produced using the natural materials specifically referenced. Such products would include threads, yarns, fabrics, apparel, footwear, toys, travel goods, and other children's products containing these materials.
In addition, the associations request that the exemption apply to natural fibers even if they are processed through the addition of chemicals, including pigments, dyes, coatings, finishes, or other substances, provided those chemicals either do not contain lead or do not introduce lead to the product above the CPSIA limits.
The associations also request that the proposed finding for natural fibers be extended to all manufactured fibers that do not contain lead, such as, but not limited to, polyester, rayon, nylon, spandex, and lyocell.
Textile industry letter, with additional requests, (dated 12/31/08) available at http://www.nationaltextile.org/library/cpsc/2008_12_31.doc