CPSC Votes July 13 on 100 ppm Kid's Lead Limit & Toy Standard Notices
The Consumer Product Safety Commission is scheduled to vote on July 13, 2011 on two notices involving children’s products. The first would announce whether the 100 parts per million lead content limit for children’s products will take effect as scheduled on August 14, 2011. The second notice would establish the requirements for third-party labs to be accredited to test children’s toys pursuant to the ASTM toy standards, F 963-08 (all toys) and section 4.27 from ASTM F 963-07ε1 (on toy chests).
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100 ppm Lead Content Limit Supported by Staff, May be Supported by 3 Commissioners
CPSC staff is recommending that the 100 ppm lead content limit for children’s products take effect as scheduled on August 14, 2011 because it cannot recommend a determination that it is “not technologically feasible for a product or product category to comply with the limit.” Based on Commissioners’ comments during a June 29 meeting on the issue, it appears that three of the five Commissioners support staff in its assessment.
(The Consumer Product Safety Improvement Act of 2008 (CPSIA) states that as of August 14, 2011, children's products may not contain more than 100 ppm of lead, unless the Commission determines, based on certain criteria, that such a limit is “not technologically feasible with regard to a product or product category.” See ITT’s Online Archives or 07/20/10 and 02/17/11 news, 10072020 and 11021723, for BP summaries of the 100 ppm limit and comments from the trade stating it is not feasible.
See ITT’s Online Archives or 07/01/11 news, 11070117, for BP summary of CPSC Commissioners questioning staff on its recommendation on 100 ppm lead content.)
Toy Notice Would Trigger Testing & Certification, CPSC to Consider Petition to Delay It
If published as drafted, the lab accreditation notice for the ASTM toy standards would require toys manufactured 90 days after publication to be third-party tested and certified as complying with the toy standards (with certain listed exceptions).
However, during a July 6, 2011 Commission meeting to consider the draft notice, Commissioner Nord announced that CPSC had received a petition by the Handmade Toy Alliance to extend the compliance date for this third-party testing and certification as it would take effect during the busy Fall season. Several Commissioners, including Commissioner Adler, noted that the petition should and would be fully considered.
(See ITT's Online Archives or 06/30/11, 11063038, for BP summary announcing the meeting to consider the notice on the toy standards.)