CPSC Seeks Comments on Feasibility of Children's 100 ppm Lead Content Limit
The Consumer Product Safety Commission has issued a notice seeking comments and information by September 27, 2010 on the technological feasibility of meeting the 100 parts per million lead content limit for children’s products required by the Consumer Product Safety Improvement Act of 2008 (CPSIA)1.
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
Limit Takes Effect Aug 2011, Unless Not TechnologicallyFeasible for Product/Category
The third and final CPSIA lead content limit of 100 ppm is different from the previous two limits because it allows for industry petitions and for CPSC determinations on whether it is technologically feasible for specific products or product categories to comply with the limit.
Alternative Limit if 100 ppm Not Technologically Feasible for Product/Category
If CPSC determines that the 100 ppm lead content limit is not technologically feasible for a product or product category, it must by regulation, establish the lowest amount below 300 ppm that it determines is technologically feasible.
Criteria for Determining if 100 ppm Is Technologically Feasible for Product/Category
Under the CPSIA, the 100 ppm lead content limit will be deemed technologically feasible with regard to a product or product category if:
- a product that complies with the limit is commercially available in the product category;
- technology to comply with the limit is commercially available to manufacturers or is otherwise available within the common meaning of the term;
- industrial strategies or devices have been developed that are capable or will be capable of achieving such a limit by the effective date of the limit and that companies, acting in good faith, are generally capable of adopting; or
- alternative practices, best practices, or other operational changes would allow the manufacturer to comply with the limit.
Hearing/Notice and Health Analysis Required
CPSC can only make a determination of not technologically feasible after notice and a hearing and after analyzing the public health protections associated with substantially reducing lead in children's products.
CPSC Seeks Comments and Info on Feasibility, Alternatives, Etc.
CPSC seeks comments and information on products or materials that currently comply with the 300 ppm lead content limit and which are required to meet the 100 ppm limit. Specifically, the agency seeks comments on:
Products that already meet 100 ppm limit. For products and materials that already meet the 100 ppm lead content limit, CPSC seeks information and test data on:
- products or materials, including metals, plastics, glass, or recycled materials that are at or below the 100 ppm lead content limit;
- industrial strategies or devices, if any, that have enabled the manufacturer to comply with the 100 ppm lead content limit; and
- the impact, if any, the use of materials that are compliant with the 100 ppm lead content limit, has on the functional or safety requirements specified for the product or product category.
Products that do not meet 100 ppm limit. For products and materials that currently meet the 300 ppm limit but do not yet meet the 100 ppm limit, CPSC seeks information and test data on:
- the lead content of such products or materials, including metals, plastics, glass, or recycled materials and the percentage of tests that are at or below 100 ppm, if any;
- whether certain products or materials could be made compliant with the 100 ppm lead content limit through the use of different products or materials;
- strategies or devices, alternative practices, best practices, or other operational changes that may be used to enable the manufacturer to comply with the 100 ppm lead content limit;
- the lowest lead content limit under 300 ppm that is technologically feasible for such products or materials; and
- the date(s) by which such products and materials could be expected to meet the 100 ppm lead content limit.
1The CPSIA imposed progressive limits on lead content in consumer products designed or intended primarily for children 12 and under such that: (i) on February 10, 2009, children's products with more than 600 ppm of total lead content by weight in any accessible part became banned hazardous substances; (ii) on August 14, 2009, the allowable lead content limit in such products decreased to 300 ppm; and (iii) on August 14, 2011, the limit will decrease to 100 ppm, unless CPSC determines that it is not technologically feasible for a product or product category.
(See ITT’s Online Archives or 07/20/10 news, 10072020, for BP summary of the 100 ppm lead content limit, including its “retroactive” nature, CPSC asking for more flexibility to grant certain exemptions, the status of the testing/certification stay, etc.
See ITT’s Online Archives or 07/15/10 news, 10071531, for BP summary of CPSC’s draft notice seeking comments on the feasibility of the 100 ppm lead limit.)
CPSC Contact - Kristina Hatlelid (301) 504-7254, khatlelid@cpsc.gov
(FR Pub 07/27/10, D/N CPSC-2010-0080)