CPSC Interim Final Rule Exempts Certain Components of Children's Electronic Devices from CPSIA Lead Content Limits
The Consumer Product Safety Commission has issued an interim final rule, effective February 10, 2009, which exempts certain accessible components of children's electronic devices from the lead content limits1 for children's products required by the Consumer Product Safety Improvement Act of 2008 (CPSIA2), as it is not currently technologically feasible for such components to comply. Comments are due March 16, 2009.
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(Inaccessible3 parts are not subject to the CPSIA lead content limits for children's products. CPSC is currently accepting a manufacturer's determination that a part is inaccessible if it is based on a "reasonable" interpretation of the CPSIA. Otherwise, CPSC will make its own determination of inaccessibility, following the guidance contained in a recent proposed rule.4)
Removable/Replaceable Electronic Device Components are Exempt
The interim final rule also exempts components of electronic devices that are removable or replaceable such as battery packs and light bulbs that are inaccessible when the product is assembled in functional form or that are otherwise granted an exemption.
Nine Exemptions for Lead as Used in Certain Component Parts in Children's Electronic Devices
Effective February 10, 2009, the interim final rule lists nine exemptions for lead as used in certain component parts in children's electronic products, provided that use of lead is necessary for the proper functioning of the component part and it is not technologically feasible for the component part to meet the CPSIA lead content limits:
(1) Lead blended into the glass of cathode ray tubes, electronic components and fluorescent tubes.
(2) Lead used as an alloying element in steel. The maximum amount of lead shall be less than 0.35% by weight (3500 ppm).
(3) Lead used in the manufacture of aluminum. The maximum amount of lead shall be less than 0.4% by weight (4000 ppm).
(4) Lead used in copper-based alloys. The maximum amount of lead shall be less than 4% by weight (40,000 ppm).
(5) Lead used in lead-bronze bearing shells and bushings.
(6) Lead used in compliant pin connector systems.
(7) Lead used in optical and filter glass.
(8) Lead oxide in plasma display panels (PDP) and surface conduction electron emitter displays (SED) used in structural elements; notably in the front and rear glass dielectric layer, the bus electrode, the black stripe, the address electrode, the barrier ribs, the seal frit and frit ring as well as in print pastes.
(9) Lead oxide in the glass envelope of Black Light Blue (BLB) lamps.
(CPSC notes it reviewed exemptions granted under directives such as European Union Directive 2002/95/EC (EU RoHS) and Korea Act for Resource Recycling of Electrical and Electronic Equipment and Vehicles (Korea RoHS) in its evaluation.)
Manufacturers Should Make Parts Inaccessible Whenever Possible
According to CPSC, some electronic device components could be made to be inaccessible, and CPSC expects that manufacturers will continue to assess the technological feasibility of doing so and to make such component parts inaccessible whenever possible.
CPSC to Review Technological Feasibility Every Five Years
CPSC is directed to reevaluate and report to its Commissioners on the technological feasibility of children's electronic devices complying with the CPSIA lead content limits, including the technological feasibility of making accessible component parts inaccessible, and the status of the exemptions, no less than every five years after publication of a final rule in the Federal Register on children's electronic devices.
(CPSC has also issued a notice withdrawing its January 15, 2009 proposed rule on exemptions for certain children's electronic device components and replacing it with this interim final rule in order to provide certainty regarding the electronic component exemptions.)
1Effective February 10, 2009, consumer products designed or intended primarily for children 12 and under that have more than 600 parts per million (ppm) of total lead content by weight in any accessible part are considered banned hazardous substances. This is followed by decreases in the allowable limit to 300 ppm on August 14, 2009 and if feasible, to 100 ppm on August 14, 2011. CPSC has determined that the lead content limits apply not only to products manufactured after the effective dates, but also to products manufactured earlier that are sold from inventory or on store shelves.
2Enacted as Public Law 110-314 on August 14, 2008.
3The CPSIA specifies that a component part is inaccessible if it is not physically exposed by reason of a sealed covering or casing and does not become physically exposed through reasonably foreseeable use and abuse of the product, etc., however, paint, coatings, or electroplating may not be considered to be a barrier that would render lead in the substrate inaccessible.
4In a proposed rule, CPSC preliminarily determined that an inaccessible component part is one that is located inside the product that a child cannot touch; that accessibility of the lead-containing component part may be evaluated through application of the accessibility probes described in 16 CFR 1500.48 and 1500.49, before and after use and abuse tests at 16 CFR 1500.50 through 1500.53 (excluding the bite tests of 1500.51(c) and 1500.52(c)), etc. (See ITT's Online Archives or 01/15/09 news, 09011510, for BP summary of proposed rule.)
(See ITT's Online Archives or 02/10/09 news, 09021005, for BP summary of CPSC's enforcement policy that will prevail February 10, 2009 for CPSIA lead content, which mentions the exemptions of this interim final rule, among other things.
See ITT's Online Archives or 02/06/09 news, 09020610, for BP summary of CPSC's one year stay of most CPSIA testing and certification requirements, including most testing/certification for lead content.)
See ITT's Online Archives or 01/20/09 news, 09012015, for BP summary of the January 15, 2009 proposed rule on electronic device exemptions, which has been withdrawn.
See ITT's Online Archives or 11/14/08 news, 08111410 and 08111415, for BP summaries of a CPSC public meeting on CPSIA lead content and a CPSC timeline/FAQ on lead content, respectively.)
- comments due March 16, 2009
CPSC contact - Kristina Hatlelid (301) 504-7254
CPSC interim final rule, FR Pub 02/12/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-3025.pdf
CPSC withdrawal notice, FR Pub 02/12/09, available at http://edocket.access.gpo.gov/2009/pdf/E9-3024.pdf