CPSC Receives 1st Petition for "Functional Purpose" Lead Exemption for Kid's Tractors
The Consumer Product Safety Commission is seeking comments on its first petition for a “functional purpose” exemption from the 100 parts per million lead content limit for children’s products, a new exemption provided for by Public Law 112-28, which was enacted in August 2011. The petition concerns certain ride-on pedal tractors sized for children.
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Comments are due by December 16, 2011.
CPSC Can Exempt if Lead Has Functional Purpose, Not Likely to be Placed in Mouth, Etc.
Public Law 112-28 created a new process for CPSC to exempt, either on its own initiative or after petition, a specific product, class of products, material, or component part from the children’s product lead content limits of the Consumer Product Safety Improvement Act of 2008 (CPSIA) under certain circumstances. These include that the lead is required because it is not practicable or technologically feasible to manufacture without it or make it inaccessible; the product is not likely to be placed in the mouth; and there would no measurable adverse effect on health or safety. (See below for details.1)
(See ITT’s Online Archives 11080230 for summary of PL 112-28.)
Petitioner Seeks Exemption for Die Cast, Ride-on Pedal Tractors for Children
The petition was submitted by Joseph L. Ertl, Inc., Corporate office of divisions: Scale Models and Dyersville Die Cast regarding their die-cast ride-on pedal tractors, sized for children ages 3-10.
Says Aluminum Die Castings Best Alloy for Structural Properties, Cost, Etc.
The petitioner states that the components of its pedal tractors are made of aluminum metal die castings that use a lead-containing alloy. According to the petitioner, this alloy is the best choice for pedal tractor production, based on weight, cost, structural properties, surface finish and coatings, corrosion resistance, and bearing properties and wear resistance.
Wants to Manufacture Pedal Tractors to 300ppm Lead Limit Instead
Although the petitioner states that it is able to meet the lead content requirements of 300 ppm for its pedal tractor components, it is unable to consistently meet the 100 ppm lead content limit, due to the use of this alloy in the aluminum die-cast process. Accordingly, the petitioner requests an exemption from the 100 ppm limit and to continue to manufacture its pedal tractors with components up to the 300 ppm limit.
CPSC Seeking Technical Comments Now, Could Hold HearingLater
Given the highly technical nature of the information sought, including data on the lead content of the product and test methods used to obtain those data, CPSC believes that this solicitation of written comments will provide the most efficient process for obtaining the necessary information, as well as provide adequate opportunity for all interested parties to participate in the proceedings. However, CPSC has the option to hold a public hearing or public meeting, if appropriate, to determine whether a petition for a functional purpose exception should be granted.
1The exemption allows CPSC, on its own initiative, or upon petition by an interested party, to exclude a specific product, class of products, material, or component part from the lead content limits established for children’s products under the CPSIA if, after notice and a hearing, it determines that:
(i) the product, class of products, material, or component part requires the inclusion of lead because it is not practicable or not technologically feasible to manufacture such product, class of product, material, or component part, as the case may be, in accordance with section 101(a) of the CPSIA by removing the excessive lead or by making the lead inaccessible;
(ii) the product, class of product, material, or component part is not likely to be placed in the mouth or ingested, taking into account normal and reasonably foreseeable use and abuse of such product, class of product, material, or component part by a child; and
(iii) an exception for the product, class of product, material, or component part will have no measurable adverse effect on public health or safety, taking into account normal and reasonably foreseeable use and abuse. Under section 101(b)(1)(B) of the CPSIA as amended, there is no measurable adverse effect on public health or safety if the exception will result in no measurable increase in blood lead levels of a child.
CPSC contact - Kristina Hatlelid khatlelid@cpsc.gov
(FR Pub 11/16/11, D/N CPSC-2011-0087)