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CPSC Seeks Comment on Petition to Limit Cadmium in Children’s Jewelry, Etc.

The Consumer Product Safety Commission is seeking comments on a petition it received requesting that the agency issue regulations restricting cadmium in children's toy metal jewelry under the Federal Hazardous Substances Act (FHSA).

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CPSC may also be seeking comments on limiting cadmium in other children’s products.1

Comments are due October 18, 2010.

Asks that Only “Trace Amounts” be Allowed in Toy Metal Jewelry

The petitioners2 have asked CPSC to adopt regulations declaring that any toy metal jewelry containing more than trace amounts of cadmium by weight which could be ingested by children be declared a banned hazardous substance under the FHSA.

Seeks Interim Limit if Cadmium Levels Difficult to Determine

If CPSC finds that it lacks sufficient information to determine the appropriate level of cadmium, petitioners request that as an interim measure, CPSC adopt the maximum levels established for lead.

Suggests Requiring Importer Testing and Reporting Under TSCA

Petitioners also assert that if CPSC has insufficient information regarding cadmium, it should obtain additional information under the Interagency Testing Commission through the Toxic Substances Control Act (TSCA). In this way, CPSC could include metal jewelry in the scope of reporting under TSCA Section 8(d) and require importers and processers to test toy metal jewelry for cadmium.

Test method. In addition, petitioners request a test method based on total cadmium, which simulates a child chewing the jewelry before swallowing by cutting the metal jewelry in half, and evaluating the extractability of cadmium from children's metal jewelry based on a 24 hour acid extraction period.

1The headline and opening paragraph of CPSC’s notice refer to “children’s products, especially toy metal jewelry,” but the petition itself is limited to toy metal jewelry. BP is checking on the scope of this notice and will update readers as information becomes available.

2The Empire State Consumer Project, Sierra Club, Center for Environmental Health, and Rochesterians Against the Misuse of Pesticides.

(See ITT’s Online Archives or 08/09/10 news, 10080916, for BP summary announcing CSPC’s scheduled vote on this petition.

See ITT’s Online Archives or 08/05/10 news, 10080516, for BP summary of a House-introduced bill to limit 4 heavy metals, including cadmium, in children’s products.

See ITT’s Online Archives or 06/14/10 and 05/19/10 news, 10061422 and 10051923, for BP summaries of Connecticut and Minnesota limiting 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, with links to other summaries.)

(D/N CPSC-2010-0087, FR Pub 08/19/10)