Thursday, October 15, 2009

CPSC and Children's Lead Content Update

Certain types of imported children's merchandise are subject to the regulations of the Consumer Safety Product Commission (CPSC). Through its rules, it attempts to reduce risks such as choking hazards, textile flammability risks, and lead paint risks. In the case of lead paint, for example, CPSC mandates an importer certify that certain maximum allowable levels of lead are not exceeded in children's products on what is commonly known as a General Certificate of Conformity.

Another area it overseas deals with lead content in children's articles.

CPSC will soon make available its “Statement of Policy: Testing and Certification of Lead in Children’s Products.” Last week, a draft of this policy statement was circulated around the Commission for a vote to approve the current draft for publication, or to approve the draft subject to certain changes.

The Statement will provide guidance on the testing and certification of children’s products for compliance with the lead content (not paint) limits under section 101(a) of the Consumer Safety Product Improvement Act (CPSIA), Public Law 110-314. This section provides that a maximum lead limit by weight for any part of a children’s product, i.e., intended for children 12 and under, will not exceed 600 parts per million (ppm) as of February 10, 2009, 300 ppm by August 14, 2009, and 100 ppm as of August 14, 2011, if technologically feasible.

Given that the 300 ppm maximum is the current mandate, any children’s product found to exceed this limit will be considered a banned hazardous substance under the Federal Hazardous Substances Act. This means that imports in violation of this limit will be banned from entering the U.S., and domestic retailers found seeling violative merchandise will be subject to civil penalties.

To follow developments on CPSIA, go to CPSCs website.

For questions about CPSC or any importation issues, feel free to email me at clark.deanna@gmail.com

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