CPSC to Vote on Required Lead Test Methods for Paint on Children's Products
The Consumer Product Safety Commission is scheduled to vote by March 29, 2011 on whether to revise its 2008 notice of lab accreditation requirements for lead paint in order to specify the tests labs must use to become accredited to test children’s products for compliance with the lead paint ban of 16 CFR Part 1303.
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(CPSC accredited labs are generally third-party labs, however “firewalled” private labs owned by manufacturers or private labelers and government labs can also become accredited if they meet certain additional requirements.)
2008 Lab Notice Did Not Specify Use of Any Specific Test Method
CPSC explains that its September 2008 lab accreditation notice did not require labs to use a specific method to test children’s products for lead in paint in order to be accredited by CPSC. Since then, several laboratory groups have asked CPSC to specify the test methods for lead in paint to ensure that accreditation bodies are able to determine the acceptable technologies and methods for lead analyses.
Would Require Labs to Use 1 of 2 CPSC Methods or an ASTM Method
The draft notice would revise the 2008 lab accreditation notice on lead paint by requiring labs to use one or more of the following three test methods to become CPSC-accredited (and to later use in testing products):
- the existing CPSC Standard Operating Procedure for Determining Lead (Pb) in Paint and Other Similar Surface Coatings, CPSC--CH--E1003--09 (April 26, 2009, available here); (See ITT’s Online Archives or 04/30/09 news, 09043020, for BP summary.)
- revised CPSC Standard Operating Procedure for Determining Lead (Pb) in Paint and Other Similar Surface Coatings CPSC--CH--E1003--09.1 (Revised February 25, 2011 and will soon be available here); and/or
- ASTM F2853-10, “Standard Test Method for Determination of Lead in Paint Layers and Similar Coatings or in Substrates and Homogenous Materials by Energy Dispersive X-Ray Fluorescence (XRF)1 Spectrometry Using Multiple Monochromatic Excitation Beams” (here.)
(Instead of specifying which test should be used in the 2008 lab accreditation notice, CPSC only posted its staff’s method of testing for lead in paint to its website.)
Labs Would Have 2 Years to Reapply and be Re-Accredited by CPSC
The draft notice states that third-party labs which are already accredited by CPSC to test children's products for lead in paint under current requirements would have two years from the date of publication in the Federal Register to reapply and be accredited by the CPSC for one or more of the required test methods. (New lab applicants seeking accreditation would face different requirements. See draft notice for details.)
Third-Party Testing, Certification for Lead in Paint Required for Kid’s Products Since Dec. 2008
CPSC states that under the Consumer Product Safety Improvement Act of 2008 (CPSIA), children’s products bearing a surface coating must be tested for compliance with the lead paint ban of 16 CFR Part 1303 by a CPSC-accredited third-party lab. Based on that testing, the manufacturer (for domestic products) or importer (for imported products) must then certify that the product complies.
This third-party testing and certification has been required since December 21, 2008 for the ban on lead in paint and similar surface coatings in children's products. See ITT’s Online Archives or 10/20/08 news, 08102010, for BP summary.)
1Note that the ASTM method uses a specific type of XRF technology. CPSC states that XFR methods and equipment other than those specified in ASTM F2853-10 are not considered effective for testing in paint and surface coatings for the purpose of determining conformity with 16 CFR part 1303 at this time.