Section 101 of
CPSIA sets limits for the lead content in children’s products and the amount of
lead in the paint used on those products. 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 (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 (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
after 1 year from enactment (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.
for lead used in children's electronic devices:
used in optical and filter glass
used in copper-based alloys. The maximum amount of lead shall be less than 4%
used as an alloying element in steel. The maximum amount of lead shall be less
by weight (3,500 ppm)
used in the manufacture of aluminum. The maximum amount of lead shall be less
by weight (4,000 ppm)
blended into the glass of cathode ray tubes, electronic components, and
used in lead-bronze bearing shells and bushings
used in compliant pin connector systems
oxide in plasma display panels and surface conduction electron emitter displays
used in structural elements; notably in the front and rear glass dielectric
layer, the bus
the black stripe, the address electrode, the barrier ribs, the seal frit and
frit ring, and in print pastes
- Lead oxide in the glass envelope of Black Light Blue
Exemptions (Lead Content) Under 16 CFR 1500.91
- Paper and similar
materials made from wood or other cellulose fiber
- Semiprecious gemstones
and other minerals (the mineral or
material not based on lead or lead compounds)
- CMYK process
- Wood (excluding
(excluding after-treatment applications, including screen prints, transfers,
decals, or other prints) consisting of natural fibers and manufactured fibers
- Other plant-derived
and animal-derived materials
- The following
metals and alloys shall not exceed the
lead content limits under section 101(a) of CPSIA, provided that no lead or
lead-containing metal is intentionally added, but does not include the
non-steel or non-precious metal components of a product, such as solder or base
metals in electroplate, clad, or fill applications:
(i) Surgical steel
and other stainless steel within the designations of Unified Numbering System,
UNS S13800 - S66286, not including the stainless steel designated as 303Pb (UNS
metals: gold (at least 10 karat); sterling silver (at least 925/1000);
platinum; palladium; rhodium; osmium; iridium; ruthenium, titanium
- DEHP, DBP, or BBP in
concentrations greater than 0.1% in a toy or child care article
- DINP, DIDP, or DnOP in
concentrations greater than 0.1% in toys that can be placed in a
child’s mouth or child care articles for children 3 years and younger
Effective Date: February 10, 2009
Definition of a child care article:
Products designed or
intended by the manufacturer to facilitate sleep or the feeding of children age
3 and younger, or to help such children with sucking or teething
Definition of toys that can be placed in a child’s mouth:
Any part of the toy that
can be brought to the mouth and kept in the mouth by a child so that it can be
sucked and chewed. If a toy or part of a toy in one dimension is smaller than 5
centimeters, it can be placed in the mouth.
Age limitations for a toy
Child is defined as 12
years of age and younger.
Children's products shall
have permanent, distinguishing marks on product and packaging. The effective
date of implementation is August 14, 2009.
The tracking label should
1.Manufacturer to ascertain:
- Location and date of
- Cohort information -
(Batch, Run Number, or other Identifying Characteristic)
- Any other information
that facilitates the specific source of the product
2. Consumer to ascertain:
- Manufacturer or private
- Location and date of
Requirements - General Conformity Certificate (GCC)
Every manufacturer of a product which is subject
to a consumer product safety rule or a similar rule, ban, standard or
regulation enforced under the CPSC and being imported for consumption or
distributed should issue a certificate:
Manufacturers are required to submit a certificate
stating the product complies with all applicable safety
The certificate must at least include:
-manufacture date and place
-date and place product was tested
-each parties name, full mailing address,
-contact information of individual storing
(CPSC) voted to continue the stay of enforcement until further notice for the
third-party testing for:
Carpets and rugs (Remark 1)
Vinyl plastic film (Remark 2)
Wearing apparel (Remark 3)
Caps and toy guns (Remark 4)
Phthalates (Remark 5)
ASTM F963 (Remark 6)
Clacker balls (Remark 7)
Children’s sleepwear (Remark 8)
Electronic toys (Remark 9)
Durable infant products (Remark 10)
1. Id. pts. 1630-31. The continuation of the
stay does not extend to guarantees under the Flammable Fabrics Act.
2. Id. pt. 1611. The continuation of the stay
does not extend to guarantees under the Flammable Fabrics Act.
3. Id. pt. 1610. The continuation of the stay
does not extend to guarantees under the Flammable Fabrics Act.
4. Id. pt. 1500.18(a)(5).
108 of the CPSIA.
6. Id. Section 106 of the CPSIA.
C.F.R. pts. 1500.18(a)(7), 1500.86(a)(5).
8. Id. pts. 1615-16. The continuation of the
stay does not extend to guarantees under the Flammable Fabrics Act.
9. Id. § 1500.18(b); id. pt. 1505.
10. Section 104 of the
FREQUENTLY ASKED QUESTIONS
Section 101 Children's Products
Q: Will the CPSC consider exclusions for categories of
products or materials based on age or other factors?
A: Some children's
products may be exempted or excluded from the new lead limits
particularly if the only parts containing lead are inaccessible. A
component part is not accessible if the component part is not physically
exposed by reason of a sealed covering or casing and does not become
physically exposed through reasonably foreseeable use and abuse of the
product. The CPSIA directs the Commission to provide guidance by rule
within one year on what component parts are considered inaccessible. The
Commission will also be evaluating whether certain electronic devices,
including devices that contain batteries, must comply with the lead
limit. CPSC will host a public meeting on November 6, 2008 that will
provide an opportunity for participants to share their views with
Commission staff regarding what product components, or classes of
components, should be considered inaccessible to a child through
ordinary use and abuse and on whether it will be technologically
feasible for certain electronic devices to meet the new lead limits.
Please clarify section 101(f)(3) regarding lead paint testing and
whether small areas are exempt from testing.
A. The new law does not
exempt small painted areas from the applicable lead limits.
the Commission to rely on x-ray fluorescence technology (XRF) or other
alternative means to screen for products bearing lead paint where the
total weight of such paint or surface coating is no greater than 10
milligrams or where the surface area of such paint or surface coating
covers no more than 1 square centimeter of the surface area of such
products. This alternative method for measurement may not allow more
than 2 micrograms of lead in a total weight of 10 milligrams of paint or
other surface coating or in a surface area of 1 square centimeter or
Q: 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?
A: The answer to this
question will change over the course of the next year. Until February
10, 2009, toys must meet CPSC's lead paint rule at 16 C.F.R. § 1303.1.
For paint and similar surface coatings, and certain consumer products,
16 CFR § 1303.1 specifies that the maximum allowable total lead content
is 0.06% based on the total weight of the non-volatile portion of the
paint (which is equivalent to 600 ppm). As of August
14, 2009, the
maximum allowable total lead content of such items will fall to 0.009%
(which is equivalent to 90 ppm). The test method for compliance with 16
The Standard Consumer Safety
Specification for Toy Safety, ASTM F963-07 becomes a mandatory consumer product safety standard on February 10, 2009. This standard
places limits on the amount of lead (and other heavy metals, namely
antimony, arsenic, barium, cadmium, chromium, mercury and selenium)
based on the soluble portion of that material using a specified
extraction methodology given in the standard. Toys manufactured after
February 10, 2009 will have to meet these
requirements. Beginning on
August 14, 2009, however, the soluble limit testing for lead paint under
ASTM F963-07 will not be necessary because the maximum total lead
content in paint will be reduced to 90 ppm in 16 CFR § 1303.1, which
would be a more stringent requirement in all cases. It will remain
necessary to conduct ASTM F963-07 solubility testing for antimony,
arsenic, barium, cadmium, chromium, mercury, and selenium, as those are
not covered by 16 CFR § 1303.1.
Q: 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)?
A: The term
"compositing" could refer to more than one type of combination. One
of compositing that labs have used is to combine like paint from several
like parts or products to obtain a sufficient sample size for analysis
where there is not sufficient quantity of paint on one item to perform
the testing. This is appropriate in this circumstance and may even be
necessary to obtain valid analytical results.Another type of compositing
is to combine different paints or substrates from one or more samples to
reduce the number of tests run. This type of composite testing may fail
to detect excessive levels of lead in one individual paint or substrate
because they have been diluted. This approach is therefore not
acceptable. Children's products containing lead; lead paint ruleQ: 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"? A: For lead containing
children's products, CPSIA specifically provides that paint, coatings,
or electroplating may not be considered a barrier that would render lead
in the substrate inaccessible to a child. Accordingly, electroplating a
substrate will not provide a basis for exempting a children's product
from having to meet the lead content limits
covered by 16 CFR part 1303, including paint, and certain painted items,
the definition of paint and other similar surface coatings remains the
sameand still does not include electroplating.
Q: 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?
A: In general, yes. CPSIA
defines children's products as those products intended primarily for use by children 12 and under. Accordingly, these products would be subject
to the lead limit for paint and surface coatings at 16 CFR part 1303
(and the 90 ppm lead paint limit effective August 14, 2009) as well as
the new lead limits for children's products containing lead (600 ppm
lead limit effective February 10, 2009, and 300 ppmlead limit effective
August 14, 2009). If the children's products use printing inks or
materials which actually become a part of the substrate, such as the
pigment in a plastic article, or those materials which are actually
bonded to the substrate, such as by electroplating or ceramic glazing,
they would be excluded from the lead paint limit. However, these
products are still considered to be lead containing products
irrespective of whether such products are excluded from the lead paint
limit and are subject to the lead limits for children's products
containing lead. For lead containing children's products, CPSIA
specifically provides that paint, coatings, or electroplating may not be
considered a barrier that would render lead in the substrate
inaccessible to a child.
Q: Is compositing of plastics and other
materials allowed in regards to lead testing in substrates?
Compositing to combine different substrates from one or more samples may
fail to detect excessive levels in one part merely because they are
diluted. Accordingly, compositing of plastics or other materials to test
for lead in substrates is not appropriate.
Q: 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
A: The existing lead guidelines will be superseded
to the extent they conflict with thestatutory requirements of CPSIA. In
addition, the rulemaking commenced by the Commission on children's metal
jewelry is also superseded by the statutory requirements of CPSIA.
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)?CPSIA defines children's products as those
products intended primarily for use by children 12 and under. Packaging
is generally not intended for use by children, given that most packaging
is discarded and is not used or played with as a children's product.
However, if the packaging is intended to be reused, or used in
conjunction with the children's product, such as a heavy gauge reusable
bag used to hold blocks, it becomes a component or part of the product,
and would be subject to the lead requirements of CPSIA. It should also
be noted that many individual states have adopted packaging laws which
address toxics in packaging or packaging components and which have not
beenpreempted by Commission action. Section 103 Tracking Labels for
Q: Are tracking labels required on domestically made
products or are they only required for imported products?
labels are required for all children's products manufactured one year
after enactment of the CPSIA (August 14, 2009) regardless of whether
they are domestic or imported products.
Q: Will the tracking label
requirement be met if premiums are labeled with a date of distribution,
a production date and trademark information?
A: Section 103 of the CPSIA
requires that the tracking label provide, "to the extent
marks that will enable the ultimate purchaser to ascertain the
manufacturer or private labeler, the location and date of production of
the product and cohort information. A label stating only the date of
distribution, a production date and trademark information would not
satisfy the requirements of section 103. Such a label would lack
information identifying the manufacturer or private labeler, the place
of production and cohort information.
Q: Could hangtags and adhesive
labels be used as tracking labels for textile-type items?
A: No. The law
requires that markings with the specified information be permanent.
Hangtags and adhesive labels are not permanent.
The law requires manufacturers
to start labeling product and packaging one year after enactment. Does that mean it would affect products manufactured for the 2010 retail
season or that items in retail stores would already have to have
tracking labels as of August 2009?
A: The law requires that one year
after enactment, or August 14, 2009, manufacturers of children's
products must place permanent marks on their product providing the
information specified. Thus, the Commission staff believes that the
tracking label requirement applies to children's products manufactured
on or after August 14, 2009.
Q: Will the Commission be providing
specifications or guidelines as to size, location and format of the
tracking information required by section 103? Or as to the meaning of
"to the extent practicable"?
A: The Commission may issue implementing
guidance on these issues. It should be noted, however, that the
requirement to provide tracking information is mandatory regardless of
whether the Commission provides such guidance.
Q: What information needs
to be provided on the product to meet the tracking label requirements of
section 103? Does section 103 of the CPSIA require that a manufacturer's
name be present on a tracking label?
A: Section 103 of the CPSIA
provides that the tracking label must contain information that will
enable the manufacturer to ascertain the location and date of production
of the product and cohort information (including the batch, run number,
or other identifying characteristic) and any other information
determined by the manufacturer to facilitate ascertaining the specific
source of the product by reference to those marks. Section 103 of the
CPSIA further provides that the tracking label must contain information
that will enable the ultimate purchaser to ascertain the manufacturer or
private labeler, location and date of production of the product, and
cohort information (including the batch, run number, or other
identifying characteristic.) Thus, section 103 of the CPSIA does require
that the tracking label contain information sufficient for thepurchaser
to ascertain the manufacturer of the product. Watch the Commission's
website for postings regarding further guidance on this issue. The
Commission will seek comments from the public during this process.
Section 104 Standards and
Consumer Registration of Durable Nursery Products
Q: Will infants' crib
bedding, blankets, bath textiles, and apparel fall under the heading of
A: No. Congress did not define the term
but it is commonly understood to mean able to exist for a long time
without significant deterioration. Cloth/textile items are generally not
considered to be durable goods. None of the items Congress specified in
section 104 as examples of durable products are items made entirely of
cloth, rather they are primarily made from rigid materials (e.g., cribs,
toddler beds, high chairs, strollers, bath seats).
Q: Are baby slings
covered by section 104?
A: No. Although Congress specified that infant
carriers are covered as durable children's products under section 104, the staff believes that baby slings are not covered but are non-durable
cloth products. (Also see the above answer.) Section 105 Advertising
Q: Will there be a petition process to extend the grace
period for catalogues and other printed materials to comply with the
requirements of section 105 of the CPSIA?
A: No. Section 105 of the CPSIA
provides that the Commission may provide a grace period of no more than
180 days, or until August 9, 2009, for catalogues and other printed
material printed prior to February 10, 2009, during which time
distribution of such catalogues and other printed materials will not be
a violation of the standard.A proposed rule on the section 105
advertising requirements was published in the Federal Register on
October 6 (link to FR notice). The Federal Register notice states that
the Commission preliminarily finds that a grace period of 180 days is
warranted. Please note that this is a proposed rule. The requirements of
the final rule may differ from those of the proposal. Comments on the
proposed rule are due to the Commission by October 20, 2008.
warnings are required to be posted on a company Internet website, and
for which toys?
A: Section 24(a) of the Federal Hazardous Substances Act
(FHSA) prescribes cautionary labeling requirements on the packaging of
toys or games intended for use by children
From 3 to 6 years old containing
small parts. Section 24(b) of the FHSA prescribes cautionary labeling
requirements on the packaging for balloons, small balls, and marbles
intended for children 3 years and older, or the packaging of any toy or
game which contains such a balloon, small ball, or marble (See sections
24(a) and (b) of the FHSA and 16 CFR 1500.19 for the precise labeling
requirements). The CPSIA amends section 24 of the FHSA to require that
advertising of products whose packaging requires a cautionary statement
must bear the same cautionary statement, if that advertising provides a
direct means for purchase or order of the product. Thus, if a cautionary
statement is required on a product's packaging under section 24(a) or
(b) of the FHSA, a cautionary statement is required in advertising (such
as internet advertising) for that product that provides a direct means
for purchase or order of the product. The Commission has issued a
proposed rule which gives more details on the size and placement of the
cautionary statements in advertising (link to proposed rule). Please
note that this proposed rule is subject to change before it becomes
final. Comments on the proposed rule are due to the Commission by
October 20, 2008.
Q: Do the advertising
requirements of section 105 of
the CPSIA apply to toys manufactured for children under three years old,
in which there are no choking hazards?
A: No. The advertising
requirements apply to the same products whose packaging requires
cautionary statements under sections 24(a) and (b) of the Federal
Hazardous Substances Act (FHSA). Section 24(a) applies to toys or games
that are intended for use by children from 3 to 6 years old and contain
small parts. The cautionary statement warns potential purchasers that
these products are not for children under 3 years old due to choking
hazards. Section 24(b) of the FHSA prescribes similar requirements for
balloons, small balls, and marbles intended for children 3 years and
older, or any toy or game which contains such a balloon, small ball, or
marble. (Please see sections 24(a) and (b) of the FHSA and 16 CFR
1500.19 for the precise labeling requirements).
Q: How do we comply with
the advertising warning requirements in catalogues and other printed
materials? Will abbreviated warnings be permissible?
A: A proposed rule
on the CPSIA section 105 advertising requirements has been issued by the
Commission (link to proposed rule). It is likely that abbreviated
warnings will be permissible. Please note that this is a proposed rule.
The requirements of the final rule may differ from that of the proposed.
Comments on the proposed rule are due to the Commission by October 20,
Section 108 Products Containing
Q: What kind of products does the phthalates
prohibition apply to?
A: Three phthalates, DEHP, DBP, and BBP, have been
permanently prohibited by Congress in concentration of more than 0.1% in
"children's toys" or "child care articles." A
"children's toy" means a
product intended for a child 12 years of age or younger for use when
playing, and a "child care article" means a product that a child 3
younger would use for sleeping, feeding, sucking or teething. Three
additional phthalates, DINP, DIDP, and DnOP, have been prohibited
pending further study and review by a group of outside experts and the
Commission. This interimprohibition applies to child care articles and
toys that can be placed in a child's mouth or brought to the mouth and
kept in the mouth so that it can be sucked or chewed that contains a
concentration of more than 0.1% of the above phthalates.
Q: Does the
phthalate prohibition apply to inaccessible parts?
A: The prohibition on
phthalates applies to all parts of a children's toy or child care
article as defined in section 108 of the CPSIA. Section 108 does not
make an exception or exemption for accessibility for phthalates as is
the case for lead in children's products under section 101.
Q: Does the
prohibition on phthalates apply to jewelry?
A: It depends. If such
jewelry is intended for use as a toy for a child 12 years of age
oryounger, the phthalates prohibition would apply.
Q: Does the
prohibition on phthalates apply to sporting goods?
A: The category of
products known as "sporting goods" can include toys but not all sporting
goods are toys. Indeed, the ASTM F963 toy safety standard, which becomes
a mandatory consumer product safety standard on February
10, 2009, does
not define sporting goods equipment to be a toy unless the product is a
toy version of sporting goods equipment. However, "children's toy" in
section 108 of the CPSIA is defined broadly as a "consumer product
designed or intended by the manufacturer for a child 12 years of age or
younger for use by the child when the child plays." Therefore, any
determination as to whether a particular sporting goods product would be
a toy as defined under section 108, and therefore, subject to the ban on
phthalates, would be made on a case by case basis after consideration of
the following factors:
A statement by the
manufacturer about the intended use of the product, including a label on
the product if such statement is reasonable. . Whether the product is
represented in its packaging, display, promotion or advertising as
appropriate for use by of the ages specified.. Whether the product is
commonly recognized by consumers as being intended for use by a child of
the ages specified.. The Age Determination Guidelines issued by the
Commission staff in September 2002, and any successor to such
Q: Will there be further guidance regarding the scope of the
phthalates prohibitions and their application to individual products?
The CPSC will host a public meeting on December
4, 2008 on the issue of
phthalates that will provide an opportunity for the public to share
their views with Commission staff regarding these issues. Prior to the
meeting the Commission staff will ask the public to comment on specific
issues that the staff is interested in exploring. Watch the CPSC website
for further updates regarding the public meeting. Section 232
All-Terrain Vehicle Standard
Q: When does the mandatory standard go into
A: The current voluntary standard will become mandatory 150 days
after it is published as a consumer product safety standard in the
Federal Register. The Commission mustpublish ANSI/SVIA-1-2007 as a
consumer product safety standard within 90 days of enactment of the
CPSIA (by November 12, 2008). The law states that
"after the standard
takes effect, it shall be unlawful for any manufacturer or distributor
to import into or distribute in commerce in the United States any new
assembled or unassembled all-terrain vehicle" unless it complies with
the ATV standard and is subject to, and complies with, an action plan
filed with the Commission.
Q: Are ATVs subject to the requirements for
general conformity certification under section 102(a)(1)?
A: Yes. Section
102(a)(1) requires every manufacturer of a product that is subject to a
consumer product safety standard to issue a certificate certifying that
the product meets that standard (as well as others that are applicable).
The CPSIA directs the Commission to publish the ANSI/SVIA-2007 standard
for four wheel ATVs as a consumer product
Safety standard. Thus, once the
standard takes effect (150 days after publication in the Federal
Register) the products that are subject to the ATV standard must also be
certified to it (and any other standards applicable to those
Q: Are youth ATVs subject to the third party testing
requirements of section 102(a)(2)? And if so, when?
A: Section 102(a)(2)
requires third party testing for children's products that are subject to
a children's product safety rule. A children's product is a consumer
product designed or intended primarily for a child 12 years of age or
younger (see section 232(a)). Thus, youth ATVs intended primarily for
children 12 years of age or younger will need to comply with the third
party testing requirements of section 102(a)(2). This will require third
party testing for compliance to the new ATV standard. A manufacture's
certification based on that testing requirement will be required 90 days
after the Commission publishes accreditation requirements for testing
laboratories that will test conformity to the ATV standard.