FAQs: Total Lead Content in Children's Products

What is the acceptable level on total lead content in children's products, and where can I find the law?

Children's products that are designed or intended primarily for use by children 12 years of age or younger cannot contain greater than 100 ppm (0.01 percent) of total lead content in any accessible component part of the children's product.1

 

You can find the law in section 101 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) (pdf) (Public Law 110-314), as modified by H.R. 2715 (Public Law 112-28, August 12, 2011) and section 2(q)(1) of the Federal Hazardous Substances Act (pdf), 15 U.S.C. § 1261(q)(1) (FHSA).

 

Is the law currently in effect?

Yes, if you make a children's product, the product must comply with the total lead content limits.

 

What parts of the children's product must comply with the total lead content limits requirement?

All accessible component parts of the children's product must comply with the total lead limits requirement.

 

The total lead content limits do not apply to component parts of a children's product that are not accessible to a child through normal and reasonably foreseeable use and abuse of the product.

 

What do I have to do to ensure that my product complies?

You must third party test the children's product using a CPSC-accepted laboratory.

 

There are, however, a limited number of exemptions and exceptions to the third party testing requirement and these are discussed further below.

 

Once I test my product at a CPSC-accepted laboratory, what else do I need to do?

You must certify, based on the results of the third party testing, that your children's product complies with the requirement limiting the total lead content.

 

Your certification must contain all of the required elements of a Children's Product Certificate.

 

If I have tested my product for its total lead content for compliance with Europe's requirements, do I also need to test for total lead content with the CPSC's requirements?

Yes. All testing must be performed by a CPSC-accepted laboratory using the methods approved by the Commission. Other countries have requirements and testing methods that differ from those of the CPSC.

 

Do individual states have other regulatory requirements concerning the amount of permissible total lead content?

Yes. Certain states, like Illinois and California, have other regulatory requirements concerning lead content. You may contact the attorney general or Department of Health in each state for further guidance on specific state laws and requirements.

 

Can I rely on assurances from my component supplier that the testing they have performed on a product satisfies regulatory requirements and thereby avoid testing the same component part twice?

Yes, provided that certain conditions are satisfied. The Commission has issued a rule regarding testing component parts. You can rely upon the test results or a certification from a component part supplier if the requirements in our regulation at 16 CFR part 1109 are met. That rule requires that in order to rely upon test results or a certification from a supplier, you must use due care to ensure that the tests results or the certificate is valid, and be given access to the underlying documentation, such as test results and attestations regarding how the testing was conducted and by whom. Generally, certifications of a component part must satisfy the requirement for a children's product certificate, and must be based on the results of testing from a laboratory whose accreditation has been accepted by the CPSC.

 

If you do not satisfy the requirements above, then you cannot rely on your component supplier's assurances.

 

Is X-ray fluorescence technology (XRF) approved for use by CPSC-accepted laboratories?

Some XRF technology is approved to test certain types of materials, such as homogenous or polymer plastics, in CPSC-accepted laboratories. (Additionally, there is a specific XRF technology that is approved  for use in testing to the separate lead-in-paint requirements).

 

The applicable test methods for the ban on total lead content are listed here.

 

Are there any exceptions and exemptions to the requirement to test for total lead content in children's products?

Yes, there are seven categories of exemptions, exceptions, and other provisions in the law.

 

1. Inaccessible Component Parts;

2. Certain Electronic Devices;

3. Off-Highway Vehicles;

4. Bicycles and Related Products;

5. Ordinary Books and Paper-Based Printed Materials;

6. Certain Products that Cannot Contain Lead; and

7. Certain Used Children's Products.

 

 

Inaccessible Component Parts

What does inaccessible mean?

A component part is not accessible if: (1) it is not physically exposed by reason of a sealed covering or casing; and (2) does not become physically exposed through reasonably foreseeable use and abuse of the product.

 

Do paints, coatings, and electroplating make a component part inaccessible?

No. Paints, coatings, and electroplating are not considered to be barriers that would make a component part inaccessible.

 

What if the component part is covered or sealed?

Yes. A component part of a children's product is deemed to be not accessible to a child if the part is not physically exposed by reason of a sealed covering or casing, and it does not become physically exposed through reasonably foreseeable use and abuse of the product. Reasonable foreseeable "use and abuse" includes: swallowing, mouthing, breaking, or other children's activities, as well as the aging of the product, as determined by the Commission.

 

How can I tell if the component part is inaccessible?

To assess whether a component will be considered inaccessible, you should review the technical requirements of the Commission's regulation at 16 C.F.R. §1500.87.

 

 

Certain Electronic Devices

Is there an exemption for electronic devices in children's products?

Yes. To the extent lead is used for the technological feasibility of certain electronic devices for children, such products may be allowed to have a higher lead content. Specific lead limits for such products may be found in our regulations at 16 C.F.R. §1500.88.

 

In addition, components of electronic devices that are removable or replaceable, such as battery packs and light bulbs, that are inaccessible when the product is fully assembled, are not subject to the total lead limits.

 

 

Off-Highway Vehicles

Is there an exception for off-highway vehicles?

Yes. Off-highway vehicles are not subject to the total lead limits. An "off-highway vehicle" is any motorized vehicle that is manufactured primarily for use off of public streets, roads, and highways, is designed to travel on two, three, or four wheels, and that has either a seat designed to be straddled by the operator and handlebars for steering control, or has a non-straddle seat, steering wheel, seat belts, and roll-over protective structure. The definition also includes snowmobiles.

 

This provision was enacted by Congress in H.R. 2715, P.L. 112-28 (August 12, 2011).

 

 

Bicycles and Related Products

Is there a special provision for the metal components of bicycles and related products?

Yes. The metal components of bicycles and related products are permitted to contain up to 300 parts per million of lead. The list of metal component parts of the products, to which this exception applies, is found in the Commission's Notice of Stay of Enforcement Pertaining to Bicycles and Related Products (pdf) published on June 30, 2009 (74 FR 31254).

 

Children's bicycles and related products must still be third party tested and certified as compliant with 16 CFR part 1512. Please see our regulatory summary for bicycles for additional information.

 

This provision was enacted by Congress in H.R. 2715, P.L. 112-28 (August 12, 2011).

 

 

Ordinary Books and Paper-Based Printed Materials

Is there a testing exclusion for ordinary books and ordinary paper-based printed materials?

Yes. Ordinary books and paper-based printed materials are excluded from third party testing for lead content.

 

The term "ordinary book" means a book printed on paper or cardboard, printed with inks or toners, bound and finished using a conventional method, and that is intended to be read or has educational value. The term "ordinary paper-based printed materials" means materials printed on paper or cardboard, such as magazines, posters, greeting cards, and similar products, that are printed with inks or toners and bound and finished using a conventional method. Neither term includes books or printed materials that contain components that are printed on material other than paper or cardboard or contain non-paper-based components, such as metal or plastic parts, or accessories that are not part of the binding and finishing materials used in a conventional method.

 

The definition does not include books with inherent play value, books designed or intended for a child 3 years of age or younger, and does not include any toy or other article that is not a book that is sold or packaged with an ordinary book.

 

This provision was enacted by Congress in H.R. 2715, P.L. 112-28 (August 12, 2011).

 

 

Certain Products that Cannot Contain Lead

Has the Commission made a determination that certain products, by their nature, do not contain lead in excess of the legal limits?

Yes, the Commission has determined that certain classes of products simply do not exceed the lead content limits under section 101 of the CPSIA. The regulation includes determinations that certain 100 percent untreated, unadulterated products do not need to be tested by a third party laboratory.

 

Some determinations relied upon are those exempting products such as pure wood (not plywood or other composites), paper and other similar products made from cellulostic fiber, CMYK ink printing processes for paper, certain precious and semi-precious gemstones, pearls, certain natural and synthetic textiles, such as cottons, wools, and polyesters, among others, certain plant-derived and animal-derived materials, such as animal glue, bee's wax, seeds, nut shells, flowers, sea shells, leather, and finally certain stainless steel and precious metals, as listed. The list above is a sampling of the determinations that the Commission has made. You can find the complete regulation, including the list of determinations, at 16 C.F.R. §1500.91.

 

I do not understand the determination that certain fabrics do not contain lead can be affected by printing or dyeing those fabrics.

As discussed above, certain natural fiber and manufactured fiber textiles have been determined to not contain levels of lead in excess of the limits and do not need to be tested. Those fabrics are:

 

1. Natural fibers (dyed or undyed) 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; and

 

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

 

To take advantage of this determination, you must ensure that the textiles are not treated or adulterated in any way with the addition of materials that could result in the addition of lead into the material. (Dyes are not considered to be a material that may result in the addition of lead to the material.)

 

This means that if you choose to print on your textile, for example, with after-treatment applications, including screen prints, transfers, decals, or other prints, you can no longer rely on the determination. You must have your inks or your final products tested by a CPSC-accepted laboratory or have the ink manufacturer provide you with a Children's Product Certificate of conformity certifying that the inks passed testing by a CPSC-accepted laboratory.

 

Certain types of printing on textiles use inks that effectively act like dyes. Those inks are absorbed into the fabric, and they become part of the fabric, like a dye. If you are printing with a "dye-like ink," then, instead of ensuring compliance with the "lead in paint" requirements, your garment is likely to be exempt from testing. See 16 CFR 1500.91. If you intend to rely on this exemption, you must have completed some reasonable due diligence with your supplier or manufacturer to secure assurances (for your records) that you have correctly understood the nature of the ink being used.

 

Generally, CPSC staff differentiates inks, paints, or pigments that effectively act like a dye by applying a scraping test. If the ink, paint, or pigment scrapes off then it is considered to be a surface coating; if it does not scrape off, then it is considered to be part of the textile itself.

 

If all of the component parts of my product are inaccessible or else satisfy the lead determinations, am I still required to issue a children's product certificate (pdf)?

Generally, yes. If there are other mandatory requirements for your product, for example, the ASTM F963 toy standard or the flammability requirements for wearing apparel, then you still must issue a Children's Product Certificate to comply with those children's product safety rules. If you are issuing a Children's Product Certificate for another children's product safety rule, you may also choose to include a citation to the lead standard, as well, by citing to the exemption or determination(s) upon which you are relying to forego lead testing.

 

If, however, your children's product is wholly composed of components that satisfy the determinations and/or satisfy the determinations on inaccessibility, and there are no other applicable children's product safety rules, then you do not have to issue a children's product certificate. (However, this is anticipated to be a fairly infrequent situation, and your suppliers and retailers may still expect you to provide them with one. However, the CPSC will not expect to receive a children's product certificate.)

 

Does a third party laboratory have to test my product to ensure that it satisfies the lead determination?

No. You may rely on the assertions of your supplier or upon test results from a non-third party laboratory or certification body. However, you must keep records supporting your good faith assertion. In the event that you knowingly rely on a false assertion, then you may be subject to substantial civil and/or criminal penalties.

 

 

Certain Used Children's Products

Is there an exclusion from the total lead requirements for used children's products?

Yes. Certain used children's products that were obtained by the seller for use (and not for the purpose of resale) or were obtained by the seller-directly or indirectly-from a person who obtained those products for use (and not for the purpose of resale) are excluded from the total lead content requirements. A "seller" includes a person who lends or donates a used children's product.

 

However, this exclusion does NOT apply to children's metal jewelry, any children's product for which the donating party or the seller has actual knowledge that the product is in violation of the lead limits, or any other product or product category that the Commission determines after a notice and hearing.

 

This provision was enacted by Congress in H.R. 2715, P.L. 112-28 (August 12, 2011).

 

 

Product-Specific FAQs

Does packaging have to comply with the lead requirements? Does it matter if the packaging is intended to be reused (e.g., heavy gauge reusable bag with zipper closure to store a set of blocks)?

Packaging is generally not intended for use by children, given that most packaging is discarded and is not used or played with as a children's product. However, if the packaging is intended to be reused, or used in conjunction with the children's product, such as a heavy gauge reusable bag to hold blocks, the bag becomes a component or part of the product and would be subject to the lead requirements of CPSIA.

 

It should also be noted that many states have adopted their own packaging laws that address toxics in packaging or packaging components that have not been preempted by Commission action.

 

Are chemistry sets, science education sets, and other educational materials excluded from the lead content limits for paint and surface coatings if they bear adequate labeling? What is the functional purpose exemption?

Certain articles that are intended for children for educational purposes are exempt for classification as a banned hazardous substance under the FHSA (16 C.F.R. § 1500.85) and the lead limits under CPSIA if: (1) the functional purpose of the particular educational item requires inclusion of the hazardous substance; (2) it bears labeling giving adequate directions and warnings for safe use; and (3) is intended for use by children who have attained sufficient maturity, and may reasonably be expected, to read and heed such directions and warnings.

 

Are children's art materials subject to the new lead limits?

Yes. To the extent that such art materials are designed or intended primarily for children 12 years of age or younger, they are subject to the lead limits under the CPSIA.

 

Moreover, all art materials, whether or not intended primarily for children, must comply with the Labeling of Hazardous Art Materials Act (LHAMA), codified at 16 C.F.R. § 1500.14(b)(8), which requires that art materials be labeled properly if they may present a chronic adverse health effect. 

 

Are outdoor playground products required to comply with the total lead limits?

Yes, provided that the outdoor playground equipment is designed for and primarily intended for use by children 12 years of age or younger.

 

Do the total lead requirements apply to children's books, cassettes, and CDs, printed game boards, posters, and other printed goods used for children's education?

Yes. These products are subject to the total lead content limits for children's products.

 

Is ordinary printing on paper subject to compliance with the total lead content limit?

Yes. Ordinary printing on paper is subject to compliance with the total lead content requirement of 100 parts per million. However, the Commission, in 16 CFR §1500.91, has exempted paper and other similar materials and CMYK process printing inks commonly used in printing on paper from third party testing for compliance with the lead requirement. In addition, Congress specifically exempted ordinary books and ordinary printed materials from third party testing for compliance with the total lead content requirement.

 

Are textile printing inks considered to be part of the product’s substrate or a surface coating?

It depends. Please see our additional FAQs on textile printing inks.

 


 

1 Products manufactured before August 14, 2011 cannot contain greater than 300 ppm (0.03 percent) of total lead content in any accessible component part of the children's product
2 Note that the stay of enforcement does not apply to the requirement that manufacturers must third party test and certify that their product is compliant with (1) the limits in effect for lead in children's metal jewelry or (2) for lead in paint or other surface coatings in all children's products.
3 The CPSC also continues to recognize third party laboratories that are approved to use the prior versions of these test methods.
4 You do not have to use a CPSC accepted lab to test for compliance with this exemption. However, as the manufacturer, you must ensure that your component is in fact inaccessible, and you should retain your records in the event that the CPSC contacts you concerning your product.