CPSC to Require Specific Lead Test Methods for Paint on Children's Products

Note that manufacturers and importers who rely on third-party lab test results in their product certifications must ensure that a lab is actually accredited by CPSC at the time the testing is done. (See below.)

(CPSC accredited labs are generally third-party labs, however “firewalled” private labs owned by manufacturers or private labelers and government labs can also become accredited if they meet certain additional requirements.)

2008 Lab Notice Did Not Specify Use of Any Specific Test Method

CPSC explains that its 2008 lab accreditation notice did not require labs to use a specific method to test children’s products for lead in paint in order for CPSC to accept its accreditation. Since then, several laboratory groups have asked CPSC to specify the test methods for lead in paint to ensure that accreditation bodies are able to determine the acceptable technologies and methods for lead analyses.

Labs Will Have to Use 1 of 2 CPSC Methods, or an ASTM Method

The notice revises the 2008 lab accreditation notice on lead in paint by requiring labs to use one or more of the following three test methods in order for CPSC to accept their accreditation (and to later use in testing products):

• the existing CPSC Standard Operating Procedure for Determining Lead (Pb) in Paint and Other Similar Surface Coatings, CPSC--CH--E1003--09 (April 26, 2009, available here); (See ITT’s Online Archives or 04/30/09 news, 09043020, for BP summary.)
• revised CPSC Standard Operating Procedure for Determining Lead (Pb) in Paint and Other Similar Surface Coatings CPSC--CH--E1003--09.1 (Revised February 25, 2011² and will soon be available here); and/or
• ASTM F2853-10, “Standard Test Method for Determination of Lead in Paint Layers and Similar Coatings or in Substrates and Homogenous Materials by Energy Dispersive X-Ray Fluorescence (XRF)³ Spectrometry Using Multiple Monochromatic Excitation Beams” (here.)

(Instead of specifying which test should be used in the 2008 lab accreditation notice, CPSC only posted its staff’s method of testing for lead in paint to its website.)

Existing 3rd Party Labs Will Have 2 Years to Reapply & Be Re-Accredited

Though the notice takes effect April 5, 2011, third-party labs whose accreditation is already accepted by CPSC to test children's products for lead in paint will have two years (until approximately April 5, 2013) to reapply and be reaccepted by the CPSC for one or more of the required test methods.

After that date, previously accepted third party labs that test for 16 CFR part 1303 must have been accepted by the CPSC for one or more of the required test methods to maintain CPSC-accepted status.

All accreditations must be by an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation - Mutual Recognition Arrangement (ILAC--MRA) and the scope of the accreditation must include:

• 16 CFR part 1303 (CPSC-CH-E1003-09 and/or CPSC-CH-E1003-09.1) and/or
• 16 CFR part 1303 (ASTM F2853-10).

Until 2012, New 3^rd Party Lab Applicants Can Apply with or without Specific Tests

For up to one year after publication of CPSC's notice (or until approximately April 5, 2012), new applicants seeking CPSC acceptance of accreditation to test to 16 CFR part 1303 can apply with or without reference to a specific test method. However, after one year from publication, new third party lab applicants will have to be accepted by the CPSC for one or more of the required test methods.

3rd Party Testing & Certification for Lead in Paint Required for Kid’s Products Since Dec 2008

CPSC states that since December 2008, children’s products subject to 16 CFR Part 1303 have had to be tested for compliance with the lead paint ban by a CPSC-accepted third-party lab. Based on that testing, the manufacturer (for domestic products) or importer (for imported products) has had to certify that the product complies. (See ITT’s Online Archives or 10/20/08 news, 08102010, for BP summary of the Consumer Product Safety Improvement Act of 2008’s changes to the lead paint ban.)

Lab Must be CPSC-Accepted at Time Product Is Tested for Lead in Paint

CPSC cautions that a certificate of compliance to 16 CFR part 1303 must be based on testing by a third party lab that is posted on the CPSC website as accepted for 16 CFR part 1303 at the time the product is tested.

¹CPSC refers to such labs as both CPSC-accepted and CPSC-accredited in this notice.

²The test method was revised to reflect ministerial edits and remove the statement that the rules for accreditation for lead in paint testing do not explicitly require the use of a particular standard operating procedure. Additionally, the following statement was added. “Adjustments may be necessary to achieve total digestion for certain paints and should be based on sound chemistry knowledge and appropriate acids for the sample material being analyzed.”

³Note that the ASTM method uses a specific type of XRF technology. CPSC states that XFR methods and equipment other than those specified in ASTM F2853-10 are not considered effective for testing in paint and surface coatings for the purpose of determining conformity with 16 CFR part 1303 at this time.

(See ITT’s Online Archives or 03/25/11 news, 11032519, for BP summary of CPSC’s scheduled vote on issuing this notice.)

CPSC contact - Robert “Jay” Howell (email) rhowell@cpsc.gov

(FR Pub 04/05/11, D/N CPSC-2008-0033)