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21 Sept 2009
CPSIA Determinations Regarding Lead Limits on Certain Materials

The US CPSC has issued a final rule to determine certain materials or products that inherently:

1. Do not contain lead; or
2. Contain lead at levels not exceeding the lead limits under Section 101(a) of the CPSIA.

The new determination provides a list of materials that are no longer subject to the requirements of Section 101(a), and lead in substrate testing of these materials is exempted.

photo photo photo

The Challenge:

The following materials are covered by the new determinations, provided that these materials have not been treated or adulterated with the addition of chemicals and materials:

Materials or Products Exempted from Section 101(a) Not Covered by the Exemption
Precious gemstones such as diamond, ruby, sapphire, emerald N/A
Semi-precious gemstones and other minerals, provided that the mineral or material is not based on lead or lead compounds, and it is not associated in nature with any mineral based on lead or lead compounds Mineral that is based on lead or lead compounds, including, but not limited to: Aragonite, Bayldonite, Boleite, Cerussite, Crocoite, Galena, Linarite, Mimetite, Phosgenite, Vanadinite, and Wulfenite
Natural or cultured pearls N/A
Natural or untreated wood Composite wood, such as plywood, particle board, MDF
Paper and similar materials made from wood or other cellulosic fiber, including but not limited to paperboard, linerboard and medium, and coatings on such paper which become part of the substrate Paper with plastic laminations/foil
CMYK process printing ink Spot colors, other inks that are not used in CMYK process, inks that do not become part of the substrate under 16 CFR 1303, and inks used in after-treatment applications, including screen prints, transfers, decals, or other prints
Plant-derived and animal-derived materials, including but not limited to animal glue, bee!|s wax, seeds, nut shells, flowers, bone, sea shell, coral, amber, feathers, fur, leather N/A
Textiles, including:

(i) Natural dyed or undyed fibers, including but not limited to cotton, kapok, flax, linen, jute, ramie, hemp, kenaf, bamboo, coir, sisal, silk, wool(sheep), alpaca, llama, goat(mohair, cashmere), rabbit(angora), camel, horse, yak, vicuna, qiviut, guanaco

(ii) Manufactured dyed or undyed fibers, including but not limited rayon, azlon, lyocell, acetate, triacetate, rubber, polyester, olefin, nylon, acrylic, modacrylic, aramid, spandex

 After-treatment applications, including screen prints, transfers, decals, or other prints
Metals and alloys where no lead or lead-containing metal is intentionally added, which includes surgical steel and other stainless steel except 303Pb (UNS S30360) within the designations of UNS S13800-S66286, as well as precious metals such as gold (at least 10 karat), sterling silver (at least 925/1000), platinum, palladium, rhodium, osmium, iridium, ruthenium, titanium Non-precious metal components of a product, such as solder or base metals in electroplate, clad, or fill applications

The above rule is effective from Aug 26, 2009; the CPSC will conduct testing on products drawn from the marketplace to assure that the products are in compliance with the CPSIA lead limits. The CPSC will also take appropriate enforcement actions whenever necessary.

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