On July 10, the Consumer Product Safety Commission issued final regulations incorporating the new provisions as contained in Public Law 112-28, adopted in August 2011. The new law provides for a functional purpose exception from the lead content limits and sets forth the procedures for granting an exception from the statute. As this new language is statutory in nature, the CPSC issued a direct final rule. It is anticipated that a staff guidance document will be issued setting forth applicable procedures for requesting an exemption.
CPSC Issues New Final Regulations for Lead Exemptions
The definition of interest to the SGIA community is the following:
(1) Functional purpose exception—(i) In general. The Commission, on its own initiative or upon petition by an interested party, shall grant an exception to the limit under paragraph (a) of this section for a specific product, class of product, material, or component part if the Commission, after notice and a hearing, determines that:
(A) The product, class of product, material or component part requires the inclusion of lead because it is not practicable or not technologically feasible to manufacture such product, class of product, material, or component part, as the case may be, in accordance with paragraph (a) of this section by removing the excessive lead or by making the lead inaccessible;
(B) The product, class of product, material, or component part is not likely to be placed in the mouth or ingested, taking into account normal and reasonably foreseeable use and abuse of such product, class of product, material, or component part by a child; and
(C) An exception for the product, class of product, material, or component part will have no measurable adverse effect on public health or safety, taking into account normal and reasonably foreseeable use and abuse.
SGIA will continue to pursue avenues that ensure that our products are safe for children while working to minimize the regulatory burden on our small business community.
Read our CPSIA FAQs for answers to your most pressing questions.
SGIA Members: Take advantage of these resources:
Reasonable Testing Programs – the Final Link in the CPSIA Chain
Additional CPSIA Resources:
Discuss your situation with Marci Kinter, SGIA's in-house CPSIA expert.