CPSC FR Notice on Initiating Cadmium Rule for Kid's Jewelry Unless ASTM Acts
The Consumer Product Safety Commission has issued a Federal Register notice on its recent vote to grant a petition requesting it initiate a rulemaking to restrict cadmium in children’s products, especially toy metal jewelry.
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As part of the vote, CPSC is directing staff to begin drafting a proposed rule(s) to restrict cadmium in these products, unless ASTM publishes by December 16, 2011 voluntary standards for cadmium in children’s jewelry and in children’s toy jewelry.
(See ITT’s Online Archives or 09/12/11 news, 11091220, for BP summary of CPSC’s September 6, 2011 vote along with differing views by certain Commissioners.)
If ASTM Issues Standards, Staff Will Analyze Adequacy & Recommend Action
If ASTM publishes the voluntary standards for cadmium in children’s jewelry and children’s toy jewelry w, CPSC staff will assess the adequacy of the voluntary standards and determine whether there is substantial compliance with them. Based on these assessments, staff will then make a recommendation by June 16, 2012 on the disposition of the petition.
CPSC Had Deferred Petition to Work with ASTM on Standard
In February 2011, the Commission voted to defer, for six months, the decision on whether to grant the petitioners’ request and directed staff instead to work with ASTM1 to develop voluntary standards that govern the allowable levels of cadmium in children’s jewelry and children’s toy jewelry and to outline appropriate cadmium testing measures. Staff had recently recommended that the Commission again defer the petition for six more months to allow completion of the ASTM standards work.
(See ITT’s Online Archives or 09/02/11 and 02/14/11 news, 11090235 and 11021429, for BP summaries of CPSC staff recommendations on the petition.)
Controversy Exists on Status of ASTM Work, Decision to Initiate Rulemaking
According to a statement by Chairman Tenenbaum, while the children’s jewelry and toy subcommittees have made progress in their work to finalize a voluntary standard for cadmium, their work is not complete, and she cannot ignore the known toxic effects of cadmium on children.
However, Commissioner Nord stated that the majority's action to move forward in this way was unnecessary as the cadmium standard is nearly complete. She adds her concern that the decision signals a Commission willingness to short-circuit the voluntary standard development process.
(Note that certain consumer groups such as the Center for Environmental Health have accused industry of hindering the ASTM standard setting processes by arguing for a “leachable cadmium” instead of a “total cadmium” approach to limiting cadmium. See ITT’s Online Archives or 09/09/11 news, 11090722, for BP summary.)
1Specifically, the Commission directed staff to participate in the ASTM F15.24 subcommittee to develop a voluntary standard addressing accessible cadmium from children’s metal jewelry and to work with the ASTM F15.22 subcommittee on the ASTM F963 standard with respect to toy jewelry.
(See ITT’s Online Archives or 09/13/10 and 08/01/11 news, 10091306, for BP summary of EPA announcing that it would propose a rule to require reporting on cadmium and an EPA request for comment on requiring this information.)
CPSC contact -- Rocky Hammond (301) 504-6833, e-mail: rhammond@cpsc.gov
(FR Pub 09/16/11, D/N CPSC-2010-0087)