CPSIA Lead requirement summary

CPSIA Lead requirement summary Thursday Training Session - # 1 – 5/7/09 CPSIA Lead Requirements - Summary Lead in Paint – 16 CFR 1303 Current limit (since 1950’s) is 600 ppm. Applies to paint and similar accessible surface coatings on toys and other articles intended for use by children, furniture (with some exemptions), and paint sold in wet form. Upcoming limit as of 8/14/09 is 90 ppm. This limit is retroactive, and we should be advising all of our clients to use this upcoming limit. Reports include both limits, 600 ppm and 90 ppm, with note about the 8/14/09 effective date. New CPSC lead in paint test method allows for composite testing. This is for lead only, not the 8 soluble heavy metals included in ASTM F963. We can composite up to 3 colors, and the same amount must be used for each color. , Where small amount of paint is included on product, send sample to Analytical lab for scraping. Where larger amount, Toy lab can continue to scrape and send down equal amounts of scraping separately, analytical will composite the sample. , CPSIA method allows for smaller sample size of each paint color. Whereas we used to request 100 mg (0.1 gram) of sample previously, now down to 10 mg of sample of each color can be used. This will allow us to scrape fewer samples if the quantity of samples are limited. We must note that the larger sample size allows for better accuracy. , CPSIA does not allow for testing of wet ink; it is surface coating taken from the finished product that must be tested. We may need to ask for additional samples, therefore, to obtain the minimum amount of 10 mg. Wet inks can be used for preproduction testing. , Composite result of 72 ppm or greater (when 90 ppm is the limit) means the result is inconclusive. This is per CPSC test method which uses 80% of the limit. Inconclusive result means that we cannot confirm if each color is below or above the limit, and each color would need to be tested individually to confirm. Prior to testing, we need to inform each client that, while composite testing can allow for fewer number of analyses, if the result is inconclusive, additional testing at additional cost and turnaround time will be required. They must confirm this so that we can immediately move to individual color testing, or advise that they do not want to test further if result is inconclusive. , Composite testing can be performed on the surface coatings in an individual SKU or item. We cannot take one color from one item, and another color from a different item and test them as a composite. However, if the item consists of various components – but is all one item such as a train set with several cars – we can test colors from each car in a composite. , Printing inks remain exempt from 16 CFR 1303. , Standard pen inks in black and blue colors are exempt from 16 CFR 1303. If pens are included in a children’s product or toy, however, they are not exempt. , Batteries are subject to lead testing only if they are included with the children’s product and are accessible (including with use of household tool). Inaccessible batteries are not subject to lead testing. Accessible batteries are subject to lead in surface coatings (if any) and lead in substrate materials. Heavy Metals Analysis of Surface Coatings – ASTM F963 ASTM F963 exempts coatings in which there is less than 10 mg of coating on an individual sample. Coating must still be tested for Total Lead (and can be composited) but does not require the 8 soluble metals. 8 soluble metals cannot be composited for testing. ASTM F963 specifically bans composite testing. Where a 4 color printed process is used, such as on puzzles, the coatings are tested as a single surface coating. The individual colors cannot be separated to test individually. If batteries are included with the toy and are accessible (including with use of household tool), any accessible surface coatings are subject to full heavy metals. STR (and other labs) tests the 8 Total elements and, if below the Soluble limits, results are reported as complying. There could never be more Soluble metal than there is Total in a coating. The results are reported based on a modified ASTM F963 test method. , We have asked the ASTM committee to consider adding a statement in F963 to allow for total analysis to confirm soluble compliance. , In February 2010, it is expected that CPSC lab accreditation for ASTM F963 (as well as all other children’s product rules) will be required. At that time, unless ASTM standard is modified to allow for Total testing, STR will need to perform Soluble analyses only. This will mean additional sample size requirement as well as additional cost, since Total lead would be required to be performed separately. Lead in Substrates – CPSIA New requirement for total lead content of accessible substrate materials in all children’s products. Current limit (since 2/10/09) is 600 ppm. That limit decreases to 300 ppm in August. As with the lead in paint, we should be advising our clients to comply with 300 ppm limit now, and report includes both limits. Composite testing is not allowed for substrate materials at this time. CPSC has issued Enforcement Policy which essentially exempts certain materials from testing due to the fact that they would not be at all likely to contain lead. These materials include: , certain natural materials such as wood, cotton, wool, or certain metals and alloys (untreated, undyed, not painted, etc.) , ordinary children’s books printed after 1985 (standard reading books) , dyed or undyed textiles (not including leather, vinyl or PVC) and non-metallic thread and trim used in children’s apparel and other fabric products such as baby blankets While the above materials do not require testing and the CPSC will not be imposing penalties on above materials, IF the manufacturer knows that they do contain lead, or if it becomes known, they must report the non-compliance to the CPSC. STR should not be testing above ‘exempt’ materials due to this enforcement policy, unless the client specifically asks us to test. And certain retailers may be requiring this. But STR should not be including these materials in our quotations. CPSC Enforcement policy also details accessibility. Only accessible substrate materials in children’s products must comply with lead content requirement. To determine accessibility, CPSC has proposed using the standard finger probes from F963 and to assess accessibility both before and after standard use and abuse testing. While CPSC is allowing manufacturer to determine accessibility of component at this time, STR uses above proposed method. STR also considers intended use of product. For example, if battery compartment is intended to be opened by the consumer to change batteries, the battery compartment materials become accessible and must be tested for lead content. The batteries themselves are not tested for lead, just for mercury in batteries. Batteries are not part of the toy. Certain electronic components do, by their nature, contain lead (e.g. solder used on circuit board). Electronic components should ideally be made inaccessible. They would then not require lead testing. If they cannot be made inaccessible, CPSC is considering the RoHS limits (1000 ppm for lead) and may also use the RoHS component exemptions, if the exemption is based on a functional requirement for the use of lead in such component. Lead in Children’s Jewelry – CPSIA No longer need to test for both total lead and soluble (migratable) lead. Children’s jewelry is a children’s product and falls under the scope of lead content requirements discussed above. It is not just the metal components that must comply, but all accessible components of children’s jewelry.