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CPSC to Vote July 27 on 100 ppm Lead & Phthalates Enforcement Statements

The Consumer Product Safety Commission is scheduled to vote on July 27, 2011 on an enforcement statement on the 100 parts per million lead content limit for children's products, which is set to take effect August 14, 2011. In addition, as previously announced, CPSC will also be voting on a phthalates notice of requirements and a phthalates enforcement policy.

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100 ppm Lead Enforcement Statement Could be on Test Variability

The enforcement statement on 100 ppm lead content, which Commissioner Tenenbaum recently stated is being drafted by Commissioners Adler and Northup, may express Commission concern over the issue of test variability at the low 100 ppm level, as the Commissioners agreed to draft such a statement during their recent vote approving the 100 ppm lead content limit.

Phthalates Policy Could Exclude Certain Materials from CPSIA Testing/Certification

CPSC has not made drafts available of the phthalates notice of requirements or enforcement policy. However, based on a recent meeting, CPSC appears to be considering a list of materials that are not considered to have phthalates and that CPSC would therefore exempt from the third-party testing and certification requirements of the Consumer Product Safety Improvement Act of 2008.

There was also discussion of allowing certain other exemptions and allowing manufacturers and importers to “self-certify” that they did not add phthalates to a particular children’s product.

(During the July 27 meeting, the Commission will also be briefed on the Virginia Graeme Baker Pool and Spa Safety Act and incorporation by reference of ANSI successor standard.)

(See ITT's Online Archives or 07/14/11 news, 11071420, for BP summary of CPSC’s vote on 100 ppm lead and indication they would be drafting a policy statement.

See ITT's Online Archives or 07/20/11 news, 11072015, for BP summary announcing the July 27, 2011 phthalates vote.)