CPSC May Hold Feb 17 Public Hearing on Feasibility of 100 ppm Lead Content Limit
The Consumer Product Safety Commission is scheduled to vote by January 20, 2011 on whether to issue a notice announcing a public hearing on February 17, 2011 on the technological feasibility of meeting the 100 parts per million (ppm) lead content limit for children's products and associated public health considerations.
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Draft Notice Says Agency Seeking Additional Information
The draft notice that would announce the meeting suggests that CPSC is seeking additional information on many the questions it posed in its July 2010 request for comments.
The notice also characterizes the comments CPSC has received so far, noting that many of them were concerned that certain classes of material would be unable to comply; others would have difficulty; some materials such as plastics could comply but only if virgin plastic was used; etc. (See ITT’s Online Archives or 10/19/10 news, 10101914, for BP summary of comments CPSC received on the 100 ppm limit.)
Lead Content Limit Set to Drop to 100 ppm Unless Not Technologically Feasible
The draft notice states that the Consumer Product Safety Improvement Act of 2008 (CPSIA) provides that, as of August 14, 2011, children's products may not contain more than 100 ppm of lead, unless CPSC determines that such a limit is not technologically feasible.
The CPSC may make this determination only after notice and a hearing (which may be this February 17 hearing) and after analyzing the public health protections associated with substantially reducing lead in children's products. It adds that Section 101(d) of the CPSIA (15 USC 1278a(d)) provides that a lead limit shall be deemed technologically feasible with regard to a product or product category if:
- a product that complies with the limit is commercially available in the product category;
- technology to comply with the limit is commercially available to manufacturers or is otherwise available within the common meaning of the term;
- 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
- alternative practices, best practices, or other operational changes would allow the manufacturer to comply with the limit.
Alternative limit. If CPSC determines that the 100 ppm lead content limit is not technologically feasible for a product or product category, section 101 (a)(2)(D) of the CPSIA requires the Commission, by regulation, to establish the lowest amount below 300 ppm that it determines is technologically feasible.