CPSC Denies CPSIA Lead Content Exclusion Request for Crystal and Glass Beads, Etc. (Enforcement to Focus on Younger Children)
The three Consumer Product Safety Commissioners, Tenenbaum, Moore, and Nord, have all voted (3-0) to deny the Fashion Jewelry Trade Association's request to exclude crystal and glass beads contained in children's jewelry and other products from the lead content limits1 set by the Consumer Product Safety Improvement Act of 2008 (CPSIA2).
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Each commissioner has also released a statement explaining their vote. (See future issue of ITT for a detailed summary of their statements.)
Exclusion Could Not be Granted as Tested Beads Had Lead
The Chairman stated that the amount of lead contained in the crystal beads that were tested ranged from 900 ppm to 23,000 ppm, well in excess of the CPSIA's statutory limit. Even though Commission staff recognized that most crystal and glass beads do not appear to pose a serious health risk to children, the CPSIA does not allow for the consideration of risk, and the request for exclusion had to be denied.
CPSC "Bead Products" Enforcement to Focus on Children 6 and Younger
According to the Chairman, there is a wide range of children's products that contain crystal and glass beads that are subject to the CPSIA lead limits, and, as Commission staff recognized, many of these products do not present an immediate danger of harmful lead exposure to children.
Consequently, the CPSC will focus its enforcement activities on crystal and glass bead products designed and intended primarily for children six years of age and younger, the population most at risk for mouthing and swallowing small objects.
While this approach does not provide the exact relief that the FJTA sought, the Chairman states that manufacturers and retailers should remember that, especially during the implementation period of the CPSIA, the agency's primary enforcement focus will remain on noncomplying lead products that present serious health risks to children.
1Effective February 10, 2009, consumer products designed or intended primarily for children 12 and under that have more than 600 ppm of total lead content by weight in any accessible part became banned hazardous substances. This will be followed by decreases in the allowable limit to 300 ppm on August 14, 2009 and if feasible, to 100 ppm on August 14, 2011. (Paint, coatings or electroplating may not be considered a barrier that would make the lead content of a product inaccessible to a child.) 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 after the effective dates.
2Enacted as Public Law 110-314 on August 14, 2008.
(See ITT's Online Archives or 07/13/09 news, 09071315, for BP summary of CPSC staff recommendation to vote "no" on the exclusion, along with the Commissioners ballot vote sheet.
See ITT's Online Archives or 03/11/09 news, 09031115, for BP summary of CPSC final rule on procedures for requesting CPSIA lead content determinations and exclusions.
See ITT's Online Archives or 02/10/09 news, 09021005, for details of CPSC's enforcement policy that went into effect 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 (until February 10, 2010) of most CPSIA testing and certification requirements (but not underlying compliance), including for lead content.)
Chairman Tenenbaum's statement (dated 07/17/09) available at http://www.cpsc.gov/pr/tenenbaum071709.pdf
Commissioner Moore's statement (dated 07/17/09) available at http://www.cpsc.gov/pr/moore071709.pdf
Commissioner Nord's statement (dated 07/17/09) available at http://www.cpsc.gov/pr/nord071709.pdf