CPSC Posts Four Proposed Rules/Procedures on Exemptions from Certain CPSIA Children's Products Lead Content Requirements
The Consumer Product Safety Commission has added four unpublished Federal Register notices to accompany previously posted briefing packages on possible exemptions to certain requirements of the progressive ban on lead content in children's products1 that is mandated by the Consumer Product Safety Improvement Act of 2008 (CPSIA2).
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(See ITT's Online Archives or 12/29/08 news, 08122905, for BP summary of the previously posted briefing packages, including staff memos/draft regulatory analyses.)
(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, unless certain exemptions/exclusions apply.)
Highlights of the four unpublished CPSIA lead content exemption notices are as follows:
Proposed Rule to Exempt Certain Natural Materials/Metals from Lead Testing
The CPSC has posted a proposed rule concerning preliminary findings that certain natural, untreated and unadulterated materials and metals do not exceed the CPSIA lead content limits. (Such natural products include wood; natural fibers, including cotton, silk, wool, hemp, flax, and linen; precious gemstones; surgical steel, precious metals, etc.)
No pigments, dyes, etc. would be allowed. CPSC states that these preliminary findings are based on materials that are untreated and unadulterated with respect to the addition of materials or chemicals, including pigments, dyes, coatings, finishes or any other substance, and that do not undergo any processing that could result in the addition of lead into the product or material.
No testing would be required to support certification. According to the CPSC, the effect of such a CPSC finding would be to relieve these natural materials/products from the CPSIA lead content testing requirement for purposes of supporting the required CPSIA conformity certification.
(See ITT's Online Archives or 01/09/09 news, 09010905, for BP summary of the staff memo and draft regulatory analysis related to this proposed rule which stated that the effect of this finding would be an exemption from both testing and certification. BP will be updating its 01/09/09 summary for this change.)
Proposed Procedures for Petitioning CPSC for Certain Exemptions
The CPSC has posted proposed procedures and requirements for requesting exemptions to the lead content provisions of the CPSIA for commodities, materials, products, etc. which: (1) do not exceed the CPSIA lead content limit; or (2) which do exceed the limit, but do not result in absorption of lead in the human body, etc.
Lead limits not exceeded ("test exempt"). CPSC states that if a certain commodity, material, etc. is found to meet the first criteria (i.e., does not exceed the CPSIA lead content limit), it would be exempt from testing for purposes of supporting the required CPSIA conformity certification.
CPSC also states that it would concentrate on evaluating those materials that are commodity-like, are used across industry in a number of applications, and are subject to detailed consensus standards related to lead content and other pertinent properties (e.g., paper, vegetable dyes, inks, adhesives, fabrics, etc.)
Lead limits exceeded but no absorption, etc. However, if a material/product is found to meet the second criteria (i.e., exceed the CPSIA lead content limit but not result in absorption of lead in the body, etc.), CPSC sources indicate that any such material/product would not be "subject to" the lead content limits or the testing requirement with respect to lead content. Note that this information is not in the proposal and may be clarified in final publication of the procedures.
(CPSC has previously stated that products that are not "subject to" a CPSC-enforced rule, standard, ban, etc. do not need testing or conformity certification for that rule, standard, ban, etc. CPSC sources add that even if a product gets this exclusion, children's products would still need to be certified for other standards, bans, etc.)
Proposed Interpretive Rule on "Inaccessible Parts" Exemption
The CPSC has posted a proposed interpretive rule providing guidance on what may be considered an "inaccessible component part" not subject to the CPSIA lead content limit for children's products.
Among other things, the CPSC preliminarily finds that an accessible component part of a children's product is one that a child may touch, and an inaccessible component part is one that is located inside the product that a child cannot touch. The CPSC also preliminarily finds that accessibility probes and use and abuse testing may be used to determine whether a component part of a product is accessible to a child.
Proposed Rule to Exempt Certain Electronic Devices
CPSC has posted a proposed rule in which it has determined that it is not technologically feasible for certain electronic devices to comply with the lead content limits of the CPSIA. For such electronic devices, the CPSC is proposing requirements to eliminate or minimize the potential for exposure and accessibility of lead.
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, whether the product is represented in its packaging as such a product, etc.
2Enacted as Public Law 110-314 on August 14, 2008.
(See ITT's Online Archives or 11/14/08 news, 08111410 and 08111415, for BP summaries of a CPSC 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.)
Unpublished Federal Register notices available at http://www.cpsc.gov/about/cpsia/cpsia.htmlwhatsnew
CPSC's Website on the CPSIA available at http://www.cpsc.gov/about/cpsia/cpsia.html