The U.S. Consumer Product Safety Commission (CPSC) has adopted an enforcement policy pertaining to the lead content limits coming into force on February 10, 2009, under the Consumer Product Safety Improvement Act of 2008 (CPSIA). The draft Statement of Commission Enforcement Policy on Section 101 Lead Limits, which was approved by unanimous vote today, outlines the approach to enforcement that the agency will take beginning February 10, 2009, and until such time as the policy is revoked, modified or superseded by Commission vote.

In a related decision, the CPSC has denied a request for an emergency stay of the effective date of the CPSIA lead content limits. The request was made by the Consumer Product Safety Commission Coalition of the National Association of Manufacturers on January 28, 2009. In an official statement, CPSC Acting Chairman Nancy A. Nord noted that while she agrees that the effective date of this provision is a problem for many, the CPSC does not have the authority to issue a stay and that any such change must be made by Congress.

The newly adopted enforcement policy addresses enforcement of the CPSIA lead limits with respect to the following key areas:

• Inaccessibility: Until inaccessibility guidance is finalized by the CPSC, the agency will accept a manufacturer's determination that a component part is inaccessible.
  
  
• Electronics: The CPSC also voted today to approve for publication in the Federal Register an interim final rule on exemptions for certain electronic devices. This rule is designed to prevent unnecessary removal of children's products due to electronic components which exceed 600 ppm but do not exceed the alternative limits proposed by the CPSC for specific components based on technological feasibility. For the purposes of enforcement, the CPSC will follow the provisions of this interim final rule. Link to: draft interim final rule, Exemptions for Certain Electronic Devices.
  
  
• Exclusions: The process described in the CPSC's notice of proposed rulemaking regarding the exclusion of materials or products containing more than 600 ppm of lead will be used until it is amended by final rule. Link to: Notice of Procedures and Requirements for a Commission Determination or Exclusion.
  
  
• Materials whose lead content is consistently below 300 ppm: Until a final rule is announced, the CPSC will not prosecute anyone for manufacturing, importing, distributing, selling or offering for sale a children's product on the basis that it contains more than 600 ppm lead in any natural material that is the subject of the agency’s preliminary determination, such as wood, cotton, wool and certain metals and alloys, unless the Director of Compliance finds that such person 1) had actual knowledge that the product contained more than 600 ppm lead in such materials or 2) continued to manufacture, import, distribute or sell the product after being put on notice of its lead content by agency staff. Link to: Notice of Proposed Rulemaking Regarding Lead Content Limits on Certain Materials or Products.
  
  
• Product classes whose lead content is consistently below 300 ppm: Until the CPSC issues detailed guidance, the agency will not prosecute any person for manufacturing, importing, distributing, selling or offering for sale a children’s product (or part thereof) that falls within the two classes of products outlined below on the basis that it contains more than 600 ppm lead unless the Director of Compliance finds that such person 1) had actual knowledge that the product contained more than 600 ppm lead in such materials, or 2) continued to manufacture, import, distribute or sell the product after being put on notice of its lead content by agency staff. The two designated classes of products are:
  • Ordinary children's books (see definition below) printed after 1985; and
  • Dyed or undyed textiles (not including leather, vinyl or PVC) and non-metallic thread and trim used in children's apparel and other children’s fabric products such as baby blankets. This class does not include such products if: 1) they have undergone further treatment that may impart lead; 2) they are ornamented with metal, rhinestones or other objects; or 3) they have plastic or metal fasteners with possible lead content (such as snaps, grommets, zippers or buttons).

    Definition: An "ordinary book" is one that is published on cardboard or paper printed by conventional methods and intended to be read. It excludes children’s books that have plastic, metal or electronic parts.

STR continues to closely follow this and other CPSIA-related developments and will publish them as they occur via our News Alerts and Monitor Newsletter.

As a CPSC accredited laboratory, STR can assist our clients in complying with the requirements of the CPSIA. We offer analytical expertise in lead, heavy metals and phthalate content testing. Our hazard prevention program for toys includes comprehensive design evaluation, safety testing, audit, certification, and responsible sourcing services to help ensure that clients have the highest level of confidence in the quality, safety and social standards of their products and systems. For more information regarding STR global services, please contact us at info@STRQuality.com.

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