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CPSC Publishes Final Rule for Lead Limit Exclusions under CPSIA

August 7, 2013

The Consumer Product Safety Commission (CPSC) published a final rule for exclusions from the lead limits under Section 101(b) of the Consumer Product Safety Improvement Act (CPSIA). Published in the Federal Register and effective on July 10, 2013, the rule outlines the criteria for granting an exception to the 100 ppm total lead in substrates requirement for children's products.

Why It Matters
Under Section 101(a) of the CPSIA, consumer products designed or intended primarily for children 12 years of age and younger that contain lead in excess of 100 ppm are considered to be banned hazardous substances under the Federal Hazardous Substances Act (FHSA).

The new regulation gives the CPSC the authority to grant a functional purpose exception for a specific product, class of product, material or component part if it is determined that it is not technologically feasible to manufacture it with a lead content that falls within the regulatory limit. Such exceptions would be granted only if it is further determined that the product, class of product, material or component part is not likely to be placed in the mouth or ingested, and will have no measurable adverse effect on public health or safety, taking into account normal and reasonably foreseeable use and abuse by a child.

Anyone seeking an exception to the lead content limit has the burden of demonstrating that all of the above requirements are met.

How UL Can Help
UL's consumer products group is registered with the CPSC as an accredited laboratory for CPSIA third-party testing and can assist with testing and certification requirements under CPSIA.

To learn how UL's chemical management services for the toy industry can help your company, click Contact UL at the top of the page and a UL representative will follow up with you soon.