CPSC Clarifies Component Part Testing and Limits for Lead in Textiles with Proposed Direct Final Rule

The US Consumer Product Safety Commission has proposed a direct final rule clarifying when component part testing can be used and which textile products fall within the lead content limit of 100 ppm.

Amending 16 CFR

The rule, unless adverse comments are received by 16 November, will be enforced starting 14 December, 2015.

On 14 October 2015, the U.S. CPSC published an amendment in the Federal Register [1] clarifying two existing rules:

- Which textile products have been determined not to exceed the 100 ppm lead content limit (16 CFR 1500.91(d) (7)) [2]

- When component part testing can be used (16 CFR part 1109) [3]

In August 2009, the CPSC published 16 CFR 1500.91 a rule that declared certain materials [4] do not exceed the lead content limits for substrates under section 101(a) of the Consumer Product Safety Improvement Act of 2008 (CPSIA) so long as the materials have not been treated or adulterated with other materials or treatments that could add lead. Under Section 16 CFR 1500.91(d) (7), textiles (excluding after-treatment applications, including screen prints, transfers, decals or other prints) consisting of [various fibers] are exempted from testing for lead. The commission included dyed textiles in this exemption.  

Since publication, the CPSC has found that the phrase ‘or other prints’ may mistakenly be interpreted to mean that the application process, such as printing, is a determining factor for the exemption. The Commission has amended the provision to clarify that dyed textiles, regardless of the techniques used to manufacture these materials and apply the dye, are not required to be tested for lead in paint or lead in substrates.

Component Testing in Children’s Products

In November 2011, the CPSC published 16 CFR 1109 establishing requirements for the use of component part testing in children’s products to support a certificate of compliance (CoC). Because of examples given in the text of the rule, the CPSC indicated that this rule may have been misinterpreted as excluding the option of component testing for products and requirements that are not explicitly specified in the examples, namely paint, lead content in children’s products and phthalates in children’s toys and childcare articles.

An example of acceptable component part testing not explicitly specified in Subpart B of 16 CFR 1109 is the soluble heavy metals for toy substrate materials other than paints required by the toy safety standard ASTM F963.

This clarification explains that manufacturers are allowed to use component part testing for situations other than the specific circumstances described in subpart B (paint, lead content of children’s products and phthalates in children’s toys and childcare articles) and subpart C (composite testing).  

The revision to 16 CFR 1109 amends the following sections:

- Section 1109.1(c) is revised to clarify that subpart B applies to products or requirements expressly identified in subpart B rather than placing limitations on the use of component part testing for chemical content.

- Section 1109.5(a) is revised to clarify that the requirements of subparts B and C are only required if applicable in the circumstances identified in subparts B and C.

- Section 1109.11(a) is revised to the latest version of the toy safety standard; ASTM F963-2011.

- Section 1109.13 is revised to add a reference to the Commission’s guidance concerning inaccessible component parts (16 CFR 1199) [5].

The proposed direct final rule, unless adverse comments are received by 13 November, will be enforced starting 14 December 2015. Highlights of the clarification are summarized in Table 1 (http://www.sgs.com/en/Our-Company/News-and-Media-Center/News-and-Press-Releases/2015/10/SafeGuardS-17215-CPSC-Proposes-Direct-Final-Rule-to-Clarify-Component-Part-Testing-and-Lead.aspx) of the latest Safeguards bulletin.  

References:

[1] Federal Register, Rules and Regulations, Vol. 80, No. 198 – 14 October 2015

[2] Authenticated US Government Information (GPO), Subchapter C – Federal Hazardous Substances Act Regulations

[3] Authenticated US Government Information (GPO), Consumer Product Safety Commission, 1109

[4] Safeguards: SGS Consumer Testing Services, CPSIA Updates 28: CPSC Publishes Final Rule on Materials not Exceeding Lead Limits – September 2009

[5] Safeguards: SGS Consumer Testing Services, CPSC Publishes Final Rule for Guidance on Inaccessible Parts for Phthalates – March 2013

About SGS Consumer Goods and Retail Services

Throughout a global network of laboratories, SGS is able to provide a range of services, including analytical testing and consultancy, for restricted substances in toys and other children’s products for the US and international markets.

Please do not hesitate to contact an SGS expert for further information.

Contact details:

SGS Consumer Testing Services
Hing Wo Tsang
Global Toys and Juvenile Products Information and Innovation Manager
SGS Hong Kong Limited
1/F On Wui Centre
25 Lok Yip Road
Fanling, N.T., Hong Kong, China

t: +852 2774 7420
Email: [email protected]  
Website: http://www.sgs.com/juvenileproducts  
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