House Introduces Bill to Limit Heavy Metals in Children’s Products
On July 29, 2010, Representative Speier introduced the Toxic Metals Protection Act of 2010 (H.R. 5920) which would place limits on the allowable levels of four heavy metals in children’s products and require other actions.
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(The bill has been referred to the House Committee on Energy and Commerce.)
Would Limit Cadmium, Antimony, Chromium, Barium in Children’s Products
Under the bill, no person would be able to manufacture for sale, offer for sale, or distribute in commerce any children's product containing compounds of antimony, barium, cadmium, or chromium, of which the metal content of the soluble material is in excess of the maximum soluble migrated element in parts per million (ppm) as follows:
- 75 ppm for cadmium;
- 60 ppm for antimony;
- 60 ppm for chromium; and
- 1,000 ppm for barium.
For goods made90 days after enactment. The bill would take effect immediately upon enactment, but would apply with respect to children's products manufactured on or after the date that is 90 days after enactment.
Children’s products. The term “children's product” would mean a product designed or intended to be worn or used by children 12 years of age or younger and sold or distributed at retail.1
Penalties. Any person who manufactures, offers for sale, or distributes in commerce a children’s product containing cadmium, chromium, barium, or antimony above the set limits would be subject to civil and criminal penalties under 15 USC 1264.
CPSC Would Have to Report to Congress on Which Heavy Metals to Ban, Etc.
Under the bill, the Consumer Product Safety Commission would also be required to:
Suggest heavy metals to ban - submit a report to Congress no later than one year after enactment regarding heavy metals that should be banned from children's products;
Establish different measurement standard - establish a measurement standard for antimony, barium, cadmium, and chromium based on a units-of-mass-per-area standard that is statistically comparable to the parts-per-million measurement standard currently used, not later than 90 days after enactment.
Report on enforcement - submit a report to Congress on CPSC’s actions to enforce the bill, including a summary of the criminal and civil penalties imposed. The report would have to be submitted not later than one year after enactment and annually thereafter.
Bill Would Generally Not Preempt State/Local Law, or State Warning Requirement
The bill states that nothing in this bill or section 18(b)(1)(B) of the Federal Hazardous Substances Act (15 USC 1261 note) would preempt the authority of any State or political subdivision of a State to establish or continue in effect a provision of the law of a State or political subdivision of a State relating to the regulation of products containing chromium, cadmium, barium, or antimony, except to the extent that compliance with both State and Federal law is impossible. In addition, nothing in this section of the bill would be construed to modify or affect any enforcement action or liability of any person under the law of any State.
Further, nothing in this bill would be construed to preempt or otherwise affect any warning requirement relating to consumer products or substances that is established pursuant to State law that was in effect on August 31, 2003.
1In determining whether a product is designed or intended for wear or use by children 12 years of age or younger, the following factors would be considered (note that they are substantially similar to the factors to consider under the Consumer Product Safety Improvement Act of 2008): (i) a statement by a manufacturer about the intended use of the product if such statement is reasonable, (ii) any label on the product, (iii) whether the product is represented in its packaging, display, promotion, or advertising as appropriate for children 12 years of age or younger, (iv) whether the product is commonly recognized by consumers as being intended for use by children 12 years of age or younger, (v) the Age Determination Guidelines: Relating Children’s Ages to Toy Characteristics and Play Behavior, issued by the CPSC in September 2002, and any modifications to such Guidelines.
(See ITT’s Online Archives or 06/14/10 and 05/19/10 news, 10061422 and 10051923, for BP summaries of Connecticut and Minnesota laws to limit cadmium in children’s jewelry.
See ITT’s Online Archives or 05/12/10 news, 10051244, for BP summary of a CPSC recall involving children’s jewelry with high cadmium.
See ITT’s Online Archives or 02/03/10 and 01/14/10 news, 10020345 and 10011435, for BP summaries of bills that were introduced to ban these heavy metals in children’s jewelry.
See ITT’s Online Archives or 01/12/10 news, 10011210, for BP summary of CPSC investigating the substitution of cadmium and other heavy metals for lead in children’s products.)