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Total Lead Content

Section 101 of the Consumer Product Safety Improvement Act, codified at 15 U.S.C. § 1278a, declares children’s products that contain more than 100 ppm lead in an accessible component to be a banned hazardous substance as that term is used in the Federal Hazardous Substances Act (FHSA). 16 C.F.R. § 1500.87 provides guidance on accessibility.

Exemption from Testing

The Commission has determined that certain materials are exempt from testing for total lead content:

This does NOT provide an exemption from meeting the total lead content requirement. Firms are still expected to certify compliance with the total lead content requirement in a Children’s Product Certificate (CPC). Further, if the end product as received by a consumer is found to have lead in excess of 100 ppm, the firm may still be held responsible for noncompliance.

Other Exemptions or Exceptions

Certain electronic components as listed at 16 C.F.R. § 1500.88 are either exempt from meeting the 100 ppm limit or are subject to a different lead content limit.

Children’s product off-highway vehicles – any motorized vehicle that is manufactured primarily for use off public streets, roads, and highways; designed to travel on 2, 3, or 4 wheels; has either a straddle seat and handlebars for steering control, or a non-straddle seat, steering wheel, seatbelts, and roll-over protective structure; and includes a snowmobile – are not subject to the total lead content requirement per 15 U.S.C. § 1278a(b)(5).

Metal components of bicycles and related products (jogger strollers and bicycle trailers) are subject to a total lead content limit of 300 ppm per 15 U.S.C. § 1278a(b)(6). In addition, such components are not subject third-party testing per 15 U.S.C. § 2063(d)(5)(B).

The Commission granted a petition allowing certain aluminum alloy components for certain children’s products to have a total lead content of up to 300 ppm (77 FR 20614).

Used children’s products (except children’s metal jewelry, children’s products for which the donating party or seller knows it violates the total lead content requirement, or any other children’s product or category as determined by the Commission) are not subject to the total lead content requirement per 15 U.S.C. § 1278a(b)(7).

Ordinary books – a book printed on paper or cardboard, printed with inks and toners, bound and finished using a conventional method, intended to be read or has educational value (excludes books with play value, books designed or intended for children 3 years of age or younger, and toys or other articles sold or packaged with an ordinary book) – and paper-based printed materials – materials printed on paper or cardboard (such as magazines, posters, greeting cards, and similar products) that are printed with inks and toners and bound and finished using a conventional method – are not subject to third-party testing and certification per 15 U.S.C. § 2063(d)(5)(A).

Certification

Section 14(a)(2) of the Consumer Product Safety Act (CPSA) requires manufacturers and importers of children’s products subject to a regulation, standard, or ban enforced by the CPSC to certify that those products meet the requirements of the standard by issuing a CPC. For total lead content in children’s products, the citation to use in section 2 of the CPC is “15 U.S.C. § 1278a – Total lead content”.

For more information on creating a CPC, visit our CPC business guidance page.

Additional Information

Contact

For more information, please contact the Small Business Ombudsman (SBO) team:

Report an unsafe product