CSPC exempts some natural materials from lead test
By Staff -- Playthings, 1/9/2009 11:32:00 AM
WASHINGTON—In what should be good news for makers of children’s products using natural materials inherently free of lead, the U.S. Consumer Product Safety Commission issued a determination this week intended to dispel some of the confusion surrounding the upcoming implementation of new toy safety rules.
In a rule making determination, the CPSC identified a number of materials that won’t have to be specifically tested to meet the U.S. Consumer Products Safety Improvement Act’s lowered lead thresholds because such materials “do not inherently contain lead or contain lead that does not exceed the CPSIA lead limits of 600 ppm or 300 ppm.”
The materials that now won’t have to be lead tested—provided they are used in an “untreated and unadulterated [form] with respect to the addition of materials or chemicals, including pigments, dyes, coatings, finishes or any other substance, and that do not undergo any processing that could result in the addition of lead into the product or material"—are:
• Wood
• Natural fibers such as cotton, silk, wool, hemp, flax and linen
• Other natural materials, including coral, amber, feathers, fur and untreated leather
• The precious gemstones diamond, ruby, sapphire and emerald
• Certain semiprecious gemstones provided that the mineral or material is not based on lead or lead compounds and is not associated in nature with any mineral that is based on lead or lead compounds
• Natural or cultured pearls
Additionally, certain metals and alloys will also be exempt “provided that no lead or lead-containing material is intentionally added” to them. The exemption list includes surgical steel and precious metals such as gold (at least 10 karat); sterling silver (at least 925/1000); platinum; palladium; rhodium; osmium; iridium; and ruthenium. The exemptions do not extend to the non-steel or non-precious metal components of a product, such as solder or base metals in electroplate, clad, or fill applications.
The CPSC currently is seeking comments from manufacturers about other natural fibers or materials, metals or alloys that by their nature would not exceed the lead content limits.
RESELLERS' CONCERNS
CPSC also said this week that the CPSIA’s new safety rules do not require resellers like thrift stores and the like to test children’s products currently in inventory for compliance with the new lead limits before they are sold.
However, CPSC warned that resellers cannot legally sell children’s products that exceed the new lead limits and therefore “should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit.”
Resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.
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