Sep 02 2009
CPSC Final Rule on Lead – Section 101 of CPSIA
The CPSC’s Final Rule on Materials, in relation to Section 101 of the CPSIA (lead) has been released. While the document itself is lengthy, the details are concise. More than a few battles were won, although there remain some industry-specific components which do require testing.
The following materials and components are common to our industry and are EXEMPT from testing based on the fact that they have been approved by the CPSC as items which inherently do NOT contain lead.
(Please see the Federal Register for details on other exempt materials.)
| EXEMPT from testing for lead | |
| Natural Fibers (dyed* or undyed), including but not limited to: | Manufactured fibers (dyed* or undyed) including but not limited to: |
| ● cotton
● silk ● wool ● hemp ● flax ● linen ● coral ● amber ● feather ● fur ● untreated leather |
● rayon
● rubber ● polyester ● nylon ● acrylic ● spandex ● lyocell |
| *While dyed fabrics are exempt from testing, “after-treatment” applications are not. Types of dying not included are listed below with the other NOT EXEMPT items. | |
What constitutes an Inaccessible Component? “[A] component part is not accessible if it is not physically exposed by reason of a sealed covering or casing and does not become physically exposed through reasonably foreseeable use and abuse of the product including swallowing, mouthing, breaking, or other children’s activities and the aging of the product.” (See 74 FR 39535.) As such, truly inaccessible components are exempt from testing per the final rule.
| NOT EXEMPT from testing for lead |
| ● plastic and metal components (including snaps, zippers, toggles, hooks and clasps)
● screen printing ● transfers ● decals |
| The CPSC is continuing to accept request for exemption. There is a process to follow and details can be found in the Federal Register’s printing of this final rule. |
And, just a reminder, the current Stay of Enforcement is effective until Feb 10, 2010. This is for TESTING and certification requirements. This final rule does NOT provide a stay from the lead limits themselves.
Read the Final Rule:
- Children’s Products Containing Lead; Determinations Regarding Lead Content Limits on Certain Materials or Products, Final Rule (Draft Federal Register Notice, August 19, 2009.)
