In December last year, Blagojevich, governor of Illinois, signed the bill SB 2860 to become Public Act 095-1019. The Act amends the "The Lead Poisoning Prevention Act" and "The Mercury-added Product Prohibition Act".
The Illinois Lead Poisoning Prevention Act (LPPA) (410 ILCS 45/6):
Effective January 1, 2010, the sale, have, offer for sale, or transfer of certain children's products listed below (see notes) that contain a total lead content in any component part more than 0.004% (40ppm) but less than 0.06% (600ppm) by total weight or a lower standard for lead content as may be established by federal, state law, or regulation will be prohibited unless the item bears a warning statement to indicate at least one component part of that item contains excessive lead.
The warning statement shall contain at least the following statement:
WARNING: CONTAINS LEAD.
MAY BE HARMFUL IF EATEN OR CHEWED.
MAY GENERATE DUST CONTAINING LEAD.
The warning statement shall:
- be located in a prominent place on the item or package such that consumers are likely to see the statement when it is examined under retail conditions (ie. on principal display panel);
- be conspicuous and not obscured by other written matter;
- contrast with the typography, layout and color of the other printed matter.
Compliance with 16 CFR 1500.121 adopted under the Federal Hazardous Substances Act constitutes compliance with the warning statement requirement.
Exemptions:
The LPPA does not apply to any component part of a consumer electronic product, including but not limited to, personal computers, audio and video equipment, calculators, wireless phones, game consoles, and handheld devices incorporating a video screen used to access interactive software and their associated peripherals that is not accessible to a child.
Notes:
“Toy containing paint” - a painted toy designed for or intended for use by children under the age of 12 at play.
“Children's jewelry” - jewelry that is made for, marketed for use by, or marketed to children under the age of 12.
“Child care article” - an item that is designed or intended by the manufacturer to facilitate the sleep, relaxation, or feeding of children under the age of 6 or to help children under the age of 6 who are sucking or teething.
Another Coming Challenge: CPSIA Reduction in Lead Limits Effective August 14, 2009
Under the Consumer Product Safety Improvement Act of 2008 which was signed into law (Public Law No: 110-314) in August last year, tougher lead requirements in children's products have been imposed. Effective August 14, 2009, which is just around the corner, the permissible limits for total lead in substrates and surface coating would be reduced from 600ppm to 300ppm and 90ppm respectively.
This would also affect the LPPA, reducing the gap for the warning statement requirement to between 40 and 90ppm for surface coatings; while for substrates, between 40 and 300ppm.
For more information about product safety, you may ask Intertek expert by filling in this enquiry form.
