CPSIA - Enforcement Policy on Section 101 Lead Limits
No. 07/2009 Effective on February 10, 2009, section 101 of the Consumer Product Safety Improvement Act sets new limits on lead content in any children’s product as defined in the Act. Generally, beginning on February 10, 2009, any children’s product that contains more than 600 parts per million (ppm) of lead in any part that is accessible will be treated as a banned hazardous substance. In August, these limits will drop to 300 ppm and will be reduced again in 2011 to the lowest level that is technologically feasible. The purpose of this statement, therefore, is to set forth the enforcement policy of the Commission that will prevail on February 10, 2009.
Under section 101(b)(2), the new lead limits do not apply to component parts that are not accessible to a child through normal and reasonably foreseeable use and abuse of a children’s product.
Under section 101(b)(4) of the Act, Congress authorized the Commission to promulgate rules establishing alternative lead limits for certain electronic devices. The Commission issued a proposed rule addressing electronics on January 6, 2009. The Commission therefore intends to issue an interim final rule in this proceeding on or before February 10, 2009.
The Commission staff has begun to identify materials whose lead content is consistently below the limit of 300 ppm (the limit that becomes applicable in August 2009).
The Commission staff has begun to identify classes of children’s products whose lead content appears to fall consistently below the prescribed limits.
Section 214 of the Consumer Product Safety Improvement Act amended section 15(b) of the Consumer Product Safety Act to expand the types of violations that must be reported to the Commission. Accordingly, manufacturers, distributors and retailers must report to the Commission if they become aware of a children’s product that exceeds the applicable lead limits in any accessible part and that is being manufactured for sale in the United States, imported for sale, distributed, held for distribution or sale, offered for sale, or sold after February 10, 2009.
Section 216 of the Consumer Product Safety Improvement Act amended section 19 of the Consumer Product Safety Act to make it unlawful to export for sale any banned hazardous substance. This provision generally precludes the export for sale of children’s products exceeding the applicable lead limits after February 10, 2009. The Commission must be notified more than thirty days in advance of exports for other reasons so that it can notify other governments of the matter.
Section 102 of the Consumer Product Safety Improvement Act expanded the applicability of section 14 of the Consumer Product Safety Act to require certifications of compliance with most CPSC standards and bans. On January 30, 2009, the Commission voted to stay enforcement of most of these broader testing and certification requirements for a limited period. Information Source
Statement of Commission Enforcement Policy (PDF 38 KB)
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