CPSC Votes to Initiate Cadmium Rule for Kid's Jewelry Unless ASTM Acts
According to a statement by Chairman Tenenbaum, the Consumer Product Safety Commission has voted to grant a petition asking it to initiate a rulemaking to declare children’s jewelry containing cadmium in greater than trace amounts to be a banned hazardous substance within the meaning of the Federal Hazardous Substance Act.
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Will Proceed Unless ASTM Issues Improved Voluntary Standards in 3 Months
The Chairman explains that through this vote, CPSC has directed staff to proceed with a mandatory rulemaking to regulate cadmium in children’s jewelry and in children’s toy jewelry, unless ASTM publishes new and improved voluntary standards for these products within three months.
CPSC Has Been Working with ASTM to Develop Standard
In February 2011, the Commission voted to defer, for six months, the decision on whether to grant the petitioners’ request and directed staff instead to work with ASTM to develop voluntary standards that govern the allowable levels of cadmium in children’s jewelry and children’s toy jewelry and to outline appropriate cadmium testing measures. Staff had recently recommended that the Commission again defer the petition for six more months to allow completion of the ASTM standards work.
(See ITT’s Online Archives or 09/02/11 and 02/14/11 news, 11090235 and 11021429, for BP summaries of CPSC staff recommendations on the petition.)
Controversy Exists on Status of ASTM Work, Etc.
Tenenbaum now states that while the children’s jewelry and toy subcommittees have made progress in their work to finalize a voluntary standard for cadmium, their work is not complete, and she cannot ignore the known toxic effects of cadmium on children.
However, Commissioner Nord stated that the majority's action may be moot as the cadmium standard is nearly complete. She adds her concern that the decision to move forward on rulemaking signals a Commission willingness to short-circuit the voluntary standard development process.
(Note that certain consumer groups such as the Center for Environmental Health have accused industry of hindering the ASTM standard setting processes by arguing for a “leachable cadmium” instead of a “total cadmium” approach to limiting cadmium. See ITT’s Online Archives or 09/09/11 news, 11090722, for BP summary.)
Commissioner Nord’s statement, dated 09/08/11, available here.