Most Testing/Certs for CPSC 100ppm Kids Lead Limit Stayed Until Dec.
The Consumer Product Safety Commission has issued a press release on its recent 3-2 vote for the 100 parts per million lead content limit for children’s products to take effect as scheduled on August 14, 2011. The release states that the decision was made after the majority of Commissioners found there was insufficient evidence to make a determination that it was “not technologically feasible” for children’s products sold in the U.S. to meet the 100 ppm for a product or product category, adding that most testing and certification requirements are still stayed until December 2011.
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(See ITT’s Online Archives or 07/14/11 news, 11071420, for BP summary announcing CPSC’s vote and the Commission agreeing to work on a policy statement regarding test variability.)
All Children’s Products Must Meet 100 ppm, but Most Testing & Certification Stayed until Dec
CPSC states that starting on August 14, 2011, manufacturers, importers, retailers and distributors of children’s products must comply with the new 100 ppm federal limit for total lead content. However, CPSC will not enforce the Consumer Product Safety Improvement Act’s (CPSIA’s) third party testing (and certification) requirements for total lead content until December 31, 2011, due to a stay of enforcement that is in place until then for lead content testing and certification of all children’s products, except for children’s metal jewelry. (See ITT's Online Archives or 02/02/11 and 02/07/11 news, 11020232 and 11020736, for BP summaries of the stay.)
(Note that all of the lead content limits set by the CPSIA (600 ppm, 300 ppm, and 100 ppm) apply “retroactively,” as they take effect on a given date, not by date of manufacture. This means that they affect all products sold/imported/distributed on or after a specific date, even those sold from inventory or from store shelves that were manufactured earlier. CPSC has asked Congress for a “prospective” 100 ppm lead content limit based on date of manufacture, but no such legislation has been finalized. See ITT’s Online Archives or 07/20/10 news, 10072020, for BP summary of the 100 ppm limit which describes CPSC’s request to Congress.)
Does not Apply to Inaccessible Parts, Certain Parts of Electronic Devices
CPSC adds that the 100 ppm lead content limit does not apply to inaccessible (internal) parts of children’s products and certain component parts of children’s electronic devices, like electronic connectors and plugs, including headphone plugs.
In addition, note that CPSC has determined that certain materials (paper, textiles, ink, etc.) inherently do not exceed any of the lead content limits. (See ITT’s Online Archives or 08/21/09 and 01/21/10 news, 09082110 and 10012105, for BP summaries.)
Represents Third CPSIA-Mandated Drop in Lead Content
CPSC explains that through the CPSIA, Congress directed the agency to phase in the reduced levels for lead content over a three year period, starting with 600 ppm on February 10, 2009. The level dropped to 300 ppm on August 14, 2009. Finally, Congress directed the total lead content limit be set at 100 ppm, unless the Commission determined it was not technologically feasible for a product or product category.
According to the release, the Commission was not able to determine that 100 ppm total lead content is not technologically feasible, as staff found that materials containing less than 100 ppm total lead content are commercially available in the marketplace for manufacturers. CPSC staff also found many products currently on the market, that have been tested by CPSC or other organizations, that are already in compliance with the new 100 ppm total lead content limit.