CPSC Expected to Seek Comment on Feasibility of Children’s 100 ppm Lead Limit
The Commissioners of the Consumer Product Safety Commission are scheduled to vote by July 20, 2010 on a draft Federal Register notice seeking comments on the technological feasibility of meeting the 100 parts per million (ppm) lead content limit for children’s products.
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New Limit Takes Effect Aug 2011, Unless Determined Infeasible
The Consumer Product Safety Improvement Act of 2008 set progressive limits on the lead content in children’s products.1 The final such limit of 100 ppm is scheduled to take effect on August 14, 2011, unless the CPSC determines for a specific product or product category that it is not technologically feasible2 to meet this lower limit.
(CPSC can only make such a determination after notice and a hearing and after analyzing the public health protections associated with substantially reducing lead in children's products.)
Products Not Able to Meet 100 ppm Would be Given Separate Limit
If CPSC determines that the 100 ppm lead content limit is not technologically feasible for a product or product category, it must by regulation, establish the lowest amount below 300 ppm that it determines is technologically feasible.
Draft Would Seek Comments on Feasibility, Alternative Limits, Etc.
For products and materials that currently meet the 300 ppm lead content limit but do not meet the 100 ppm lead content limit (and are not otherwise excluded from the limits), the draft notice would seek comments on:
- information and data on whether certain products or materials could be made compliant with the 100 ppm lead content limit through the use of different products or materials;
- information and data on the strategies or devices, alternative practices, best practices, or other operational changes that may be used to enable the manufacturer to comply with the 100 ppm lead content limit;
- information and data on the lowest lead content limit under 300 ppm that is technologically feasible for such products or materials; and
- the date(s) by which such products and materials could be expected to meet the 100 ppm lead content limits.
(See draft notice for complete list of comments sought.)
1The CPSIA (enacted as Public Law 110-314 on August 14, 2008) imposed progressive limits on lead content in consumer products designed or intended primarily for children 12 and under such that: (i) on February 10, 2009, children's products with more than 600 ppm of total lead content by weight in any accessible part became banned hazardous substances; (ii) on August 14, 2009, the allowable lead content limit in such products decreased to 300 ppm; and (iii) on August 14, 2011, the limit will decrease to 100 ppm, unless CPSC determines that it is not technologically feasible for a product or product category.
2The lead limit will be deemed technologically feasible with regard to a product or product category if: (1) a product that complies with the limit is commercially available in the product category; (2) technology to comply with the limit is commercially available to manufacturers or is otherwise available within the common meaning of the term; (3) industrial strategies or devices have been developed that are capable or will be capable of achieving such a limit by the effective date of the limit and that companies, acting in good faith, are generally capable of adopting; or (4) alternative practices, best practices, or other operational changes would allow the manufacturer to comply with the limit.
(Footnote 1 was corrected on July 19, 2010 to indicate that any such determination in (iii) would be made on a product or product category basis.)