CPSC to Vote by March 27 on Lead Content Exception for Kid's Tractor Parts Mfer
The Consumer Product Safety Commissioners are to vote by March 27, 2012 on whether to approve a Federal Register notice to grant an exception from the 100 ppm lead content limit to certain aluminum alloy components of children’s die-cast, ride-on pedal tractors, and similar component parts made of aluminum alloy on similar ride-on children’s products for children ages 3 years and older. The petition for these exceptions was submitted by Joseph L. Ertl, Inc., Scale Models and Dyersville Die Cast for its die-cast, ride-on pedal tractors.
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Background
Under section 101(a) of the Consumer Product Safety Improvement Act (CPSIA), consumer products designed or intended primarily for children 12 years old and younger that contain lead content in excess of 100 parts per million (ppm) are considered to be banned hazardous substances under the Federal Hazardous Substances Act (FHSA).
Section 101(b)(1) of the CPSIA provides for a functional purpose exception from the lead content limits, under certain circumstances. The exception allows CPSC, on its own initiative, or upon petition by an interested party, to exclude a specific product, class of product, material, or component part from the lead limits established for children’s products under the CPSIA if, after notice and a hearing, CPSC determines that:
(i) the product, class of product, material, or component part requires the inclusion of lead because it is not practicable or not technologically feasible to manufacture such product, class of product, material, or component part, as the case may be, in accordance with section 101(a) of the CPSIA, by removing the excessive lead or by making the lead inaccessible;
(ii) the product, class of product, material, or component part is not likely to be placed in the mouth or ingested, taking into account normal and reasonably foreseeable use and abuse of such product, class of product, material, or component part by a child; and
(iii) an exception for the product, class of product, material, or component part will have no measurable adverse effect on public health or safety, taking into account normal and reasonably foreseeable use and abuse. Under section 101(b)(1)(B) of the CPSIA, there is no measurable adverse effect on public health or safety if the exception will result in no measurable increase in blood lead levels of a child.
Petition is available here.