From: Subject: =?Windows-1252?Q?CPSC_Spells_Out_Enforcement_Policy_For_New_Lead_Limits_I?= =?Windows-1252?Q?n_Children=92s_Products_Effective_February_10?= Date: Tue, 10 Feb 2009 17:12:43 -0500 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_0000_01C98BA2.C970B760" X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.5579 This is a multi-part message in MIME format. ------=_NextPart_000_0000_01C98BA2.C970B760 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.cpsc.gov/cpscpub/prerel/prhtml09/09120.html CPSC Spells Out Enforcement Policy For New Lead = Limits In Children=92s Products Effective February 10

NEWS from CPSC

U.S. Consumer Product Safety Commission

Office of Information and Public Affairs

Washington, DC 20207

FOR IMMEDIATE RELEASE
February 6, = 2009
Release=20 #09-120

CPSC Recall Hotline: (800) 638-2772
CPSC Media = Contact: (301)=20 504-7908

CPSC Spells Out Enforcement Policy For New Lead Limits In = Children=92s=20 Products Effective February 10

WASHINGTON, D.C. - Starting on February 10, 2009, consumer products = intended=20 for children 12 and under cannot have more than 600 parts per million of = lead in=20 any accessible part. This new safety requirement is a key component of = the=20 Consumer Product Safety Improvement Act (CPSIA) aimed at further = reducing=20 children=92s exposure to lead.

In an effort to provide clear and reasonable guidance to those = impacted by=20 this important law, the U.S. Consumer Product Safety Commission (CPSC) = is=20 announcing its enforcement policy on the lead limits established by the = CPSIA.=20

Manufacturers, importers, distributors, and retailers should also be = aware=20 that CPSC will:

Not impose penalties against anyone for making, importing, = distributing,=20 or selling
- a children=92s product to the extent that it is made of certai= n=20 natural materials (pdf), such as wood, cotton, wool, or certain = metals=20 and alloys which the Commission has recognized rarely, if ever, = contain=20 lead;=20
- an ordinary children=92s book printed after 1985; or=20
- dyed or undyed textiles (not including leather, vinyl or PVC) = and=20 non-metallic thread and trim used in children=92s apparel and other = fabric=20 products, such as baby blankets.
  
  (The Commission generally = will not=20 prosecute someone for making, selling or distributing items in these = categories even if it turns out that such an item actually contains = more=20 than 600 ppm lead.)
Sellers will not be immune from prosecution if CPSC=92s Office of = Compliance=20 finds that someone had actual knowledge that one of these children=92s = products=20 contained more than 600 ppm lead or continued to make, import, = distribute or=20 sell such a product after being put on notice. Agency staff will seek = recalls=20 of violative children=92s products or other corrective actions, where=20 appropriate.
Issue an int= erim=20 final rule (pdf) effective February 10, 2009, which establishes=20 alternative lead limits for certain electronic devices, in order to = prevent=20 unnecessary removal of certain children=92s products from store = shelves.=20
Accept a manufacturer=92s determination that a lead-containing = part on their=20 product is inaccessible to a child and not subject to the new lead = limits, if=20 it is consistent with the Commission=92s proposed guidance or is based = on a=20 reasonable reading of the inaccessibility requirement. Paint and other = coatings or electroplating are not considered barriers that make a = component=20 inaccessible.

This enforcement policy will remain in effect until superseded by = action of=20 the Commission.

CPSC still expects companies to meet their reporting obligation under = federal=20 law and immediately tell the Commission if they learn of a children=92s = product=20 that exceeds the new lead limits starting on February 10, 2009. = Companies also=20 should know that the CPSIA generally prohibits the export for sale of = children=92s=20 products that exceed the new lead limits.

As announced on January 30, 2009, the Commission approved a one year = stay of=20 enforcement for certain testing and certification requirements for=20 manufacturers and importers. Significant to makers of children=92s = products, the=20 =91stay=92 provides limited relief from the testing and certification = for total lead=20 content limits, phthalates limits for certain products and mandatory toy = standards. Manufacturers and importers =96 large and small =96 of = children=92s=20 products will not need to test or certify to these new requirements, but = will=20 still need to meet the lead and phthalates limits, mandatory toy = standards and=20 other requirements. Certification based on testing by an accredited = laboratory=20 is still required for painted children=92s products and soon will be = required for=20 children=92s metal jewelry, as well as certain other products for = non-lead issues.=20

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Send the link for this page to a friend! = The U.S. Consumer Product Safety Commission is charged with protecting = the public from unreasonable risks of serious injury or death from = thousands of types of consumer products under the agency's jurisdiction. = The CPSC is committed to protecting consumers and families from = products that pose a fire, electrical, chemical, or mechanical hazard. = The CPSC's work to ensure the safety of consumer products - such as = toys, cribs, power tools, cigarette lighters, and household chemicals - = contributed significantly to the decline in the rate of deaths and = injuries associated with consumer products over the past 30 = years.

To report a dangerous product or a product-related injury, = call CPSC's hotline at (800) 638-2772 or CPSC's teletypewriter at (800) = 638-8270, or visit CPSC's web site at www.cpsc.gov/talk.html. To = join a CPSC email subscription list, please go to https://www.cpsc.gov/cpsclist= .aspx. Consumers can obtain this release and recall information at = CPSC's Web site at www.cpsc.gov. =

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