CPSC Extends Stay of Enforcement for Testing and Certification of Lead Content in Children's Products
The Consumer Product Safety Commission voted this week to extend its stay of enforcement of the testing and certification requirements for most children’s products for compliance with the lead content limit under the Consumer Product Safety Improvement Act (CPSIA), until December 31, 2011. The current stay of enforcement, in effect since December 2009, had been scheduled to expire on February 10, 2011. As a result of the CPSC’s action, independent third-party testing conducted by a CPSC-accredited laboratory and a certificate of compliance will be required for products manufactured after December 31, 2011 to demonstrate their compliance with the lead content limit.
Currently, children’s products cannot have a total lead content of more than 300 parts per million (ppm) and the stay will not affect that substantive requirement. The 300 ppm limit may, however, be lowered later this year. Per the CPSIA, as of August 11, 2011, children’s products cannot contain more than 100 ppm of lead, unless the CPSC determines that such a limit is not “technologically feasible.” If 100 ppm is not a feasible level, the CPSC will establish the lowest limit that is technologically feasible. The CPSC is in the process of making that determination. This year the CPSC is also expected to finalize a rule relating to component part testing. This rule will supersede the CPSC's interim enforcement policy currently in effect.
The stay of enforcement does not apply to testing for total lead content in children’s metal jewelry, which has been subject to testing and certification for compliance with the lead content limit since 2009. Also, third-party testing and certification of children’s products for compliance with the limit on lead in surface coatings and paint, which is 90 ppm, has been required since December 2008. This is part of a series of Troutman Sanders CPSIA Advisories. If you missed any of the earlier Advisories, please contact Kristy Adams at kristy.adams@troutmansanders.com.