CPSC Posts Requests for CPSIA Children's Product Lead Content Exclusions for Pen Points, Glass Beads, Bikes, ATVs, Etc.

components of pen points;

crystal and glass beads, including rhinestones³ and cubic zirconium, used in children's products including jewelry, apparel, accessories, footwear, and other decorative applications;

bicycles (including used bicycles), jogger strollers, and bicycle trailers;

youth all-terrain vehicles (ATVs), off-highway motorcycles, snowmobiles, etc. (four separate requests).

CPSC Posts Identical Responses to Requests Submitted in January

CPSC has posted five identical responses to the five requests for children's product lead content exclusions that were submitted in January 2009, (i.e., for bicycles and ATV-like products), but has not posted responses to the other requests which were submitted in February (i.e., for pen points and crystal and glass beads).

CPSC cannot grant temporary exclusions. In CPSC's posted responses, it states that CPSC lacks the authority to issue temporary or "emergency" final rules that do not comply with the procedures proscribed by the CPSIA.

Must follow procedure in statute. Instead, CPSC states that it must follow the process set forth in the statute, which allows it to exclude certain materials or products from the lead content limits, but only after notice and a hearing, and only if the CPSC determines on the basis of certain scientific evidence that lead in such product or material will neither: (a) result in the absorption of any lead into the human body, taking into account normal and reasonably foreseeable use and abuse of such product by a child, including swallowing, mouthing, breaking, or other children's activities, and the aging of the product; nor (b) have any other adverse impact on public health or safety.

(See ITT's Online Archives or 01/14/09 news, 09011410, for BP summary of CPSC's proposed procedures for such exclusions.)

CPSC to consider requests in rulemakings. CPSC adds that it will consider the five requests as part of its ongoing rulemakings for exclusions or exceptions from the CPSIA lead content limits for children's products.

¹Effective February 10, 2009, consumer products designed or intended primarily for children 12 and under that have more than 600 parts per million (ppm) of total lead content by weight in any accessible part are considered banned hazardous substances. This is followed by decreases in the allowable limit to 300 ppm on August 14, 2009 and if feasible, to 100 ppm on August 14, 2011. CPSC has determined that the lead content limits apply not only to products manufactured after the effective dates, but also to products manufactured earlier that are sold from inventory or on store shelves.

²Enacted as Public Law 110-314 on August 14, 2008.

³In its recently issued lead content enforcement policy, CPSC provided an exemption for dyed or undyed textiles and certain thread and trim. However, if such textiles, trim, etc. are ornamented with metal, rhinestones or other objects, the exemption will not apply.

(See ITT's Online Archives or 02/10/09 news, 09021005, for BP summary of CPSC's enforcement policy that will prevail February 10, 2009 for CPSIA lead content.

See ITT's Online Archives or 02/06/09 news, 09020610, for BP summary of CPSC's one year stay of most CPSIA testing and certification requirements, including most testing/certification for lead content.

See ITT's Online Archives or 11/14/08 news, 08111410 and 08111415, for BP summaries of a CPSC public meeting on CPSIA lead content and a CPSC timeline/FAQ on lead content, respectively.)

Exemption requests and CPSC responses (dated 02/09/09) available at http://www.cpsc.gov/about/cpsia/cpsia.htmlexclusion

CPSC website on the CPSIA available at http://www.cpsc.gov/about/cpsia/cpsia.html