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The CPSIA lowers the amount of lead that can be in children’s products. Section 101 sets new limits for the lead content in children’s products and the amount of lead in the paint used on those products.
Lead Content Limits
The limits on the amount of lead in children’s products are phased in over the course of three years. By February 10, 2009, products designed or intended primarily for children 12 and younger may not contain more than 600 ppm of lead. Children’s products that contain more lead than 600 ppm are banned in the U.S. after February 10, 2009, and the sale of those products can result in significant civil and criminal liability. The statute provides that paint, coatings or electroplating may not be considered a barrier that would make the lead content of a product inaccessible to a child. After 1 year from enactment, or August 14, 2009, products designed or intended primarily for children 12 and younger cannot contain more than 300 ppm of lead. The limit goes down to 100 ppm after three years, or August 14, 2011, unless the Commission determines that it is not technologically feasible to have this lower limit.
Some children’s products may be exempted or excused from these new lead limits if a component part containing lead is inaccessible. The Commission will provide guidance by rule on what component parts are inaccessible within a year. The Commission will also evaluate whether certain electronic devices, including devices that contain batteries, must comply with the lead limit.
Lead in Paint Limit
In addition, after 1 year or August 14, 2009, the Act provides that paint and similar surface-coating materials for consumer use must be reduced from 600 ppm to 90 ppm.
Effective Date: Lead content limit of 600 ppm becomes effective 180 days after enactment. An advisory opinion regarding the application of the new lead limit to inventory existing at the effective date can be found on our web site at http://www.cpsc.gov/library/foia/advisory/317.pdf. The lead content limit lowers again to 300 ppm at 1 year after enactment. The lead in paint limit goes down to 90 ppm 1 year after enactment.
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Children's Products Containing Lead; Determinations Regarding Lead Content Limits on Certain Materials or Products, Final Rule, August 19, 2009: Chairman Tenenbaum [PDF], Commissioner Adler [PDF], Commissioner Nord [PDF], Commissioner Northup [PDF]
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Commissioners' Statements on the Request from the Fashion Jewelry Trade Association to Exclude Crystal and Glass Beads in Children's Products from the Lead Content Limits Under Section 101(b)(1) of the CPSIA: Chairman Tenenbaum [PDF], Commissioner Moore [PDF], Commissioner Nord [PDF]
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Additional Statement of Acting Chairman Nancy Nord on the Request for Exclusions from the Lead Content Limits of the Consumer Product Safety Improvement Act of 2008, April 17, 2009 [PDF]
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Statement of the Honorable Thomas H. Moore on the Petition for Temporary Final Rule to Exclude a Class of Materials Under Section 101(B) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), April 16, 2009
[PDF]
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Statement of Acting Chairman Nancy Nord on the Request for Exclusions from the Lead Content Limits of the Consumer Product Safety Improvement Act of 2008, April 3, 2009
[PDF]
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Notice of Stay of Enforcement Peartaining to Bicycles and Related Products, June 30, 2009 [Text] [PDF]
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Notice of Stay of Enforcement Pertaining to Youth Motorized Recreational Vehicles, May 12, 2009 [TEXT] [PDF]
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Stay of Enforcement of the Lead Content Limits for Certain Youth Motorized Recreational Vehicles, April 28, 2009 [PDF]
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CPSC Grants One Year Stay of Testing and Certification Requirements for Certain Products (Federal Register Notice, February 9, 2009 [PDF])
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The views expressed in these Advisory Opinions are those of the Office of the General Counsel. Unless indicated otherwise in the Opinion, they have not been reviewed or approved by the Commission. These views were based on the best available information at the time they were written. They may be superseded at any time by the Office of the General Counsel, by the Commission, or by operation of law.
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Books and the CPSIA [PDF]
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Request for Reconsideration of Application of the Consumer Product Safety Improvement Act's (CPSIA) Limit on Lead Permissible in Children's Products in Regard to Unsold Inventory as of February 2009 [PDF]
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Section 101 in Regard to Existing Inventory and Products on Store Shelves After February 10, 2009 [PDF]
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Children’s Products Containing Lead; Interpretative Rule on Inaccessible Component Parts – FINAL RULE (Effective August 14, 2009) – August 7, 2009 [Text] | [PDF]
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Children’s Products Containing Lead; Final Rule; Procedures and Requirements for a Commission Determination or Exclusion, March 11, 2009 [TEXT] [PDF]
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Statement of Commission Enforcement Policy on Section 101 Lead Limits, February 6, 2009 [PDF]
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CPSC Spells Out Enforcement Policy For New Lead Limits In Children’s Products Effective February 10, February 6, 2009
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CPSC Grants One Year Stay of Testing and Certification Requirements for Certain Products (Federal Register Notice, February 9, 2009 [PDF])
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CPSC Clarifies Requirements of New Children’s Product Safety Laws Taking Effect in February; Guidance Intended for Resellers of Children’s Products, Thrift and Consignment Stores
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CPSC Clarifies Certification Requirements
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Accreditation Requirements for Third Part Conformity Assessment Bodies to Test to the Requirements for Lead Content in Children’s Metal Jewelry as Established by the Consumer Product Safety Improvement Act of 2008, December 5, 2008 [PDF]
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Study on the Effectiveness, Precision, and Reliability of X-ray Fluorescence Spectrometry and Other Alternative Methods for Measuring Lead in Paint, August 2009 [PDF]
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Test Method: CPSC-CH-E1003-09 – Standard Operating Procedure for Determining Lead (Pb) in Paint and Other Similar Surface Coatings, April 26, 2009 [PDF]
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Test Method: CPSC-CH-E1002-08, Standard Operating Procedure for Determining Total Lead (Pb) in Non-Metal Children’s Products, February 1, 2009 [PDF]
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Test Method: CPSC-CH-E1001-08, Standard Operating Procedure for Determining Total Lead (Pb) in Children’s Metal Products (Including Children’s Metal Jewelry) [PDF]
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Accreditation Requirements for Third Part Conformity Assessment Bodies to Test to the Requirements for Lead Content in Children’s Metal Jewelry as Established by the Consumer Product Safety Improvement Act of 2008, December 5, 2008 [PDF]
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Children’s Products Containing Lead; Determinations Regarding Lead Content Limits on Certain Materials or Products; Final Rule, Ballot Vote Sheet, August 6, 2009 [PDF]
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Children’s Products Containing Lead; Final Interpretative Rule Providing Guidance on Inaccessibility, July 23, 2009 [PDF]
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Request from the Fashion Jewelry Trade Association et. al. for Exclusion of Crystals and Glass Beads and other materials from Lead Content Limits under Section 101(b)(1) of the CPSIA, July 16, 2009 [PDF]
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Ballot Vote on Request from the Fashion Jewelry Trade Association, et al. for Exclusion from Lead Content Limits under Section 101(b)(1) of the CPSIA, July 9, 2009 [PDF]
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Ballot Vote on Stay of Enforcement of Lead Content Limits for Certain Youth Motorized Recreational Vehicles; Request for Extension of Time, July 9, 2009 [PDF]
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Record of Commission Action: Stay of Enforcement of Lead Content Limits for Bicycles and Related Products, June 25, 2009 [PDF]
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Request from Writing Instrument Manufacturers Association for exclusion from lead limits under Section 101(b)(1) of the CPSIA, June 2, 2009 (Record of Commission Action) [PDF]
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Federal Register Notice on Stay of Enforcement of the Lead Content Limits for Bicycles and Related Products (Ballot Vote Sheet) [PDF]
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Request from the Bicycle Product Suppliers Association for Exclusion from Lead Content Limits under Section 101(b)(1) of the Consumer Product Safety Improvement Act (CPSIA), May 6, 2009 (Ballot Vote Sheet and Staff Briefing Package) [PDF]
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Request from the Bicycle Product Suppliers Association (BPSA) for Exclusion from Lead Content Limits under Section 101(b)(1) of the Consumer Product Safety Improvement Act (CPSIA), May 12, 2009 (Record of Commission Action) [PDF]
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Stay of Enforcement of the Lead Content Limits for Certain Youth Motorized Recreational Vehicles, May 1, 2009 (Record of Commission Action) [PDF]
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Request for Emergency Stay of Enforcement of Tracking Label Requirement in Section 103 of the CPSIA, May 4, 2009 and Request for Stay from NAM CPSC Coalition, March 24, 2009 (Ballot Vote Sheet) [PDF]
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Children’s Products Containing Lead; Final Rule; Procedures and Requirements for a Commission Determination or Exclusion; (Draft Federal Register notice), Commission Briefing Package, February 24, 2009 [PDF]
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Statement of Acting Chairman Nancy Nord on the Request for Exclusions from the Lead Content Limits of the Consumer Product Safety Improvement Act of 2008, April 3, 2009
(PDF)
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Request from ATV Companies for Exclusion from Lead Content Limits under Section 101(b)(1) of the CPSIA, April 1, 2009 [PDF]
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Writing Instrument Manufacturers Association (WIMA), February 9, 2009 [PDF] and Response from the General Counsel, June 4, 2009 [PDF]
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Jewelry Producers and Retailers: Fashion Jewelry Trade Association (FJTA), Manufacturing Jewelers and Suppliers of America (MJSA), Footwear Distributors and Retailers of America (FDRA), National Retail Federation (NRF), and United Dance Merchants of America (UDMA), February 2, 2009 [PDF] and Response from CPSC General Counsel, February 24, 2009 [PDF]
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Jim Boltz Cycle Barn Motorsports Group, January 30, 2009 [PDF] and Response from CPSC General Counsel, February 9, 2009 [PDF]
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Bicycle Product Suppliers Association (BPSA), January 28, 2009 [PDF] and Response from CPSC General Counsel, February 9, 2009 [PDF]
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Motorcycle Industry Council (MIC) (January 28, 2009) [PDF] and Response from CPSC General Counsel (February 9, 2009) [PDF]
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Specialty Vehicle Institute of America (SVIA) (January 28, 2009) [PDF]and Response from CPSC General Counsel (February 9, 2009) [PDF]
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Polaris Industries, American Suzuki Motor Corporation, Arctic Cat Inc., Kawasaki Motors Corp., U.S.A., American Honda Motor Co., Inc., and Yamaha Motor Corporation (January 27, 2009) [PDF] and Response from CPSC General Counsel (February 9, 2009) [PDF]
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ATVs, March 11, 2009
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Bicycles, March 11, 2009
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Publishers, January 22, 2009
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Apparel, January 22, 2009
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X-ray Fluorescence (XRF) Testing and Other Alternative Methods for Lead in Paint, November 7, 2008
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Lead, November 6, 2008
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Lead, Phthalates, and the CPSIA, CPSC Staff Presentation Slides, Prepared by CPSC staff for presentation at the 2009 Annual Meeting of the International Consumer Product Health and Safety Organization (ICPHSO), February 26, 2009, Orlando, Florida [PDF]
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Children's Products Containing Lead; Determinations Regarding Lead Content Limits on Certain Materials or Products, Final Rule (Draft Federal Register Notice, August 19, 2009) [PDF] (Read the Commissioners' Statements)
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Children’s Products Containing Lead; Interpretative Rule on Inaccessible Component Parts – FINAL RULE (Effective August 14, 2009) – August 7, 2009 [Text] | [PDF]
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Federal Register Notice: Notice of Stay of Enforcement Pertaining to Bicycles and Related Products, June 30, 2009 [Text] [PDF]
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Notice of Stay of Enforcement Pertaining to Youth Motorized Recreational Vehicles, May 12, 2009 [TEXT] [PDF]
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Stay of Enforcement of the Lead Content Limits for Certain Youth Motorized Recreational Vehicles, April 28, 2009 [PDF]
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Children’s Products Containing Lead: Proposed Determinations Regarding Lead Content Limits on Certain Materials or Products; Notice of Proposed Rulemaking: Federal Register Notice [PDF] and Briefing Package [PDF]
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Children’s Products Containing Lead: Notice of Proposed Procedures and Requirements for a Commission Determination or Exclusion: Federal Register Notice [PDF] and Briefing Package [PDF]
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Children’s Products Containing Lead: Proposed Interpretative Rule Providing Guidance on Inaccessible Component Parts: Federal Register Notice [PDF] and Briefing Package [PDF]
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Children’s Products Containing Lead; Exemptions for Certain Electronic Devices; Withdrawal of Proposed Rule, Federal Register Notice [PDF], February 9, 2008 and Children’s Products Containing Lead; Exemptions for Certain Electronic Devices; Interim Final Rule, Federal Register Notice [PDF]
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Children’s Products Containing Lead; Final Rule; Procedures and Requirements for a Commission Determination or Exclusion, March 11, 2009 [TEXT] [PDF]
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Children’s Products Containing Lead; Exemptions for Certain Electronic Devices; Withdrawal of Proposed Rule, Federal Register Notice [PDF], February 9, 2008 and Children’s Products Containing Lead; Exemptions for Certain Electronic Devices; Interim Final Rule, Federal Register Notice [PDF]
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Federal Register Notice of Accreditation Requirements for Third Party Conformity Assessment Bodies to Test to the Requirements for Lead Content in Children's Metal Jewelry as Established by the Consumer Product Safety Improvement Act of 2008 [Comments due by January 21, 2009] [TEXT] [PDF]
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Children’s Products Containing Lead; Proposed Determination Regarding Lead Content Limits on Certain Materials or Products NPR, Comments 1 through 244, July 13, 2009 (PDF) [Part 1] [Part 2] [Part 3] [Part 4] [Part 5] [Part 6] [Part 7]
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Children's Products Containing Lead; Lead Paint Rule [PDF]
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Children’s Products Containing Lead; Notice of Proposed Procedures and Requirements for a Commission Determination or Exclusion [PDF]
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Children’s Product Containing Lead; Interpretative Rule on Section 101 Inaccessible Component Parts [PDF]
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| Will the CPSC consider exclusions for categories of products or materials based on age or other factors?
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| Please clarify section 101(f)(3) regarding lead paint testing and whether small areas are exempt from testing.
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| Once the ASTM F963-07 Toy Standard becomes mandatory, will toys need to be tested for lead and other heavy metals in paint according to F963-07 or according to 16 CFR § 1303.1 or both?
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| Is compositing allowed for testing for lead in the surface paint/coating or in the substrates (that is the underlying materials that are painted or coated)?
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| Under 16 CFR § 1303.2, electroplating is exempt from the ban on lead containing paint and similar surface coating materials, is this the same under the new statute? Would electroplating a substrate allow the substrate to be considered "inaccessible"?
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| Does the new requirement for total lead on children's products apply to children's books, cassettes and CD's, printed game boards, posters and other printed goods used for children's education?
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| Is compositing of plastics and other materials allowed in regards to lead testing in substrates?
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| How will the new legislation affect previously issued CPSC guidelines on lead and are there any developments on the CPSC rulemaking activities on lead in children’s jewelry?
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| Does packaging have to comply with the lead requirements? Does it matter if the packaging is intended to be reused (e.g., heavy gauge reusable bag with zipper closure to store a set of blocks)?
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| In interpreting section 101(f) of the CPSIA and 16 CFR § 1303.1, to what does the 90 ppm lead in surface-coating limit apply?
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| What furniture articles are exempt under CPSC regulations? Do the lead paint limits apply to furniture whether or not the furniture is intended for children?
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| 16 CFR part 1303 states that the liquid paint (e.g., a can of paint) must meet 600 ppm, I am curious as to how children’s products can meet 90 ppm unless the paint manufacturers lower the limit. Are the paint manufacturers required by law to meet 90 ppm?
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| Can someone import a product that has lead based paint on it? The product in question is a type of "stilt" that professional painters use to reach high ceilings and walls.
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| Do all children's products require testing for lead or is it only products with some type of surface coating? We sell products that are used in physical education classes (e.g. hula-hoops) that are made from polyethylene and are not painted or coated. Will this product require third-party testing and certification for lead content under the new CPSIA?
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| When do the lead paint limits go into effect for children’s products?
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| What certifications are required for children’s products that are tested for lead paint?
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| When do the lead content limits go into effect for children’s products?
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| What certifications are required for children’s products that are tested for lead content?
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| If you have a “children’s product” with possible lead content, do you have to have a certificate on November 12, 2008, even though the lead rule is not effective?
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| Are outdoor playground products covered by CPSIA section 101 lead limits?
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| Will toys manufactured outside the United States be allowed to be imported to the US for lead testing or will the testing have to be performed outside the US (and pass the new standards) prior to being imported into the US?
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| Would the pending legislation for lead limits in children's products apply to video game hardware sold/distributed in the U.S.?
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| Does the CPSIA envision stuffed animals falling within the scope of the CPSIA’s lead limits or phthalate limits?
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| How will the lead in substrate provision be applied to products like strollers, playpens and other juvenile products? Will it be applied to every single part, including rivets?
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| Is the use of XRF analysis for compliance testing with regard to lead in substrates under consideration or will wet chemistry be the only method used for testing lead content in substrates?
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| Can XRF technology be used to support general conformity certification as to lead paint or lead content limits?
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| What test method is CPSC requiring for surface coating lead testing and total lead content testing? When will this information be provided?
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| We sell craft materials, some packages of beads can have 12 or more colors of beads. Can we composite 3 or more colors at a time to test the beads?
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| Are chemistry sets, science education sets and other educational materials excluded from the lead limits for content and paint and surface coatings if they bear adequate labeling under 16 C.F.R. § 1500.85?
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| Are children’s art materials subject to the new lead limits?
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| The tip on ball point pens are made from leaded brass and there is no source for materials as the lead in the brass is required to machine. Is it ok for children to use ball point pens?
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| Although it is clear that the new lead standards for children’s products cover components as well as the final product, how will CPSC consider borosilicate enamels that are vitrified with the substrate to form a product such as a children’s mug? Would the borosilicate enamel need to meet the standard as if it were a component that is a distinct separate part of that product? Or would the standard apply only to the finished glass or ceramic item where the borosilicate enamel has been vitrified with the item itself?
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| A bag factory in China has told me that the new requirement of lead content in the material for children’s bags (we are looking at backpacks specifically) is 300 ppm, effective August 14th. Is this a general requirement referred to in the CPSIA legislation or is there somewhere where bags and/or bag materials are referred to specifically? Is there a complete list of products that can be searched and then linked to specific rules for that product, testing requirements, etc.
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| Do you have a complete timetable for Section 101 requirements?
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