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Canada Announces 90 mg/kg Lead Content Limit in Baby Toys, Straws, Etc.

On November 29, 2010, Health Canada announced new regulations to restrict the lead content of a variety of consumer products, including certain toys for young children.

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90 mg/kg Lead Content Limit in Accessible Parts of Age 0-3 Toys, Straws, Etc.

The regulations will limit the lead content of accessible parts of certain consumer products from 600 mg/kg to 90 mg/kg total lead (which is equivalent to 90 parts per million (ppm)).

The products affected by these regulations are known as “Group 1” products, which were given priority because their typical use pattern involves the product being brought to the mouth of children. Group 1 products include:

  • All toys intended for children under three years of age;
  • Baby bottle nipples, soothers, baby bibs;
  • Beverage straws, drinking spouts, and other drinking aids;
  • Mouthpieces of musical instruments; and
  • Sports mouthpieces

(Group 1 Products are technically defined as: (i) products, other than kitchen utensils, that are brought into contact with the user's mouth in the course of normal use (kitchen utensils will be covered under separate foodware regulations); and (ii) products intended for use in play or learning by children under three years of age.)

Effective date. These regulations come into force on the day on which they are registered.

Exception. An accessible part may contain more than 90 mg/kg of lead if: (i) lead is necessary to produce an essential characteristic of the part; (ii) no alternative part containing less lead is available; and (iii) the part does not release more than 90 mg/kg of lead when tested in accordance with standard EN 71-3:1994/A1:2000/AC:2002 of the European Committee for Standardization entitled Safety of toys - Part 3: Migration of certain elements.

Considering 90 kg/mg Lead Limit for Age 3-13 Children’s Products, Apparel, Etc.

Health Canada is also planning to begin a formal regulatory process to subject accessible parts of what it calls “Group 2” products to the 90 mg/kg total lead limit.

These Group 2 products would include:

  • products intended for play and learning for children aged 3-13;
  • child care articles; and
  • clothing and accessories for children under the age of 14 years

Will seek stakeholder comment. Health Canada states that in advance of the formal regulatory process, it is planning to issue a consultative document for stakeholder comment during the first half of 2011.

(See Canada fact sheets for information on future plans to also address lead levels in foodware products and candles with lead wick cores.)

Part of Lead-Risk Reduction Strategy that also Limited Lead in Paint

Health Canada has introduced these “Consumer Products Containing Lead (Contact with Mouth) Regulations” as part of its overall Lead Risk Reduction Strategy for consumer products.

As part of this strategy, Health Canada has recently lowered the allowable limit on lead in surface coatings to 90 mg/kg (or 90 ppm), to align it with the U.S. (See ITT’s Online Archives or 11/18/10 news, 10111822, for BP summary.)

U.S. Lead Content Limit Currently 300 ppm, Set to Lower to 100 ppm on Aug 2011

The U.S.’ lead content limit, which affects accessible parts of consumer products designed or intended primarily for children 12 and under, is currently set at 300 ppm. On August 14, 2011, the limit will decrease to 100 ppm, unless the Consumer Product Safety Commission determines that a limit of 100 ppm is not technologically feasible for a product or product category.

Fact sheets available here and here.

Regulations available here.