All children's products and certain furniture articles must not contain a concentration of lead greater than 0.009 percent (90 parts per million) in paint or any similar surface coatings. Household paint must also meet this requirement.
The requirement is codified at 16 C.F.R. part 1303.
The term “paints and other similar surface-coating materials” is defined at 16 CFR § 1303.2(b)(1) as “a fluid, semi-fluid, or other material, with or without a suspension of finely divided coloring matter, which changes to a solid film when a thin layer is applied to a metal, wood, stone, paper, leather, cloth, plastic, or other surface.” Printing inks that become part of the substrate, electroplating, and ceramic glazing do not meet this definition and, therefore, are not subject to 16 C.F.R. part 1303.
The lead limit in paint and surface coatings applies to:
- Certain paint and other similar surface coatings
- Children’s products
- Certain furniture articles
Pieces of moveable furniture that contain a surface coating, such as beds, bookcases, chairs, chests, tables, dressers, and console televisions are covered by the regulation. Appliances such as ranges, refrigerators, and washers; fixtures such as built-in cabinets, windows, and doors; and household products such as window shades and venetian blinds are NOT covered by the regulation.
In addition to those products that are sold directly to consumers, the lead in paint and surface coatings regulation applies to products that are used or enjoyed by consumers after sale, such as paints used in residences, schools, hospitals, parks, playgrounds, and public buildings or other areas where consumers will have direct access to the painted surface. Paints for boats and cars are not covered by the regulation.
While it is best to make the determination regarding whether the substance meets the definition of a “surface coating” before it is added or applied to the product, CPSC staff generally applies a “scraping test” to determine whether a substance on a product is a “surface coating” as defined by 16 C.F.R. § 1303.2 and subject to the regulation on lead in paint or other similar surface coatings.
In most cases, if a substance can be scraped off and separated from the underlying substrate of a product, such as paint on plastic substrate, it is treated as a surface coating that must comply with the 0.009 percent (90 parts per million) limit for lead in paint or any surface coating. Likewise, if a substance cannot be scraped from the substrate without also removing the substrate, such as colored plastic substrate, ordinary ink on paper, or fired-on decorations on glazed ceramic, it would be treated as part of the substrate that must comply with the lead content limit of 100 parts per million. A single product may have some components that bear a surface coating and are subject to the lead paint regulation and have other accessible component parts, made of metal or plastic, subject to the total lead content regulation.
Note: CPSC has approved separate test methods for lead in paint or other similar surface coatings and for the total lead content in a product's substrate materials. Please visit CPSC’s Test Method page for additional information on these test methods.
Yes. Certain states, like Illinois and California, have other regulatory requirements concerning lead content. You should contact the Attorney General or Department of Health in each state directly for further guidance on specific state laws and requirements.
No. If you are manufacturing or importing a product that is subject to 16 C.F.R. part 1303, you must ensure that the product complies via some form of supporting information.
For children's products, this typically requires testing by a third-party, CPSC-accepted laboratory. You may be able to rely upon a component part certificate issued by a supplier, provided the documentation provided by the component part supplier complies with 16 C.F.R. Part 1109. A Safety Data Sheet (SDS) or similar document is not sufficient to certify compliance for a children's product.
For general use products, you must either test the paint (in its dried state), test the finished product, and/or institute a reasonable testing program to ensure that your products do not contain levels of lead in the paint that violate the limit. Contacting a paint manufacturer and asking for written assurances that their paint does not contain lead and/or asking for their test reports may be one part of a reasonable testing program. Due care must be taken to ensure the compliance of the paint or the surface coating.
Note: general-use products do not require testing for lead in paint and other surface coatings to be completed at a third-party, CPSC-accepted testing laboratory.
Currently, the applicable test methods for the regulation on lead in paint and other surface coatings are:
- CPSC Standard Operating Procedure for Determining Lead (Pb) in Paint and Other Similar Surface Coatings, Test Method CPSC-CH-E1003-09.1
- ASTM F2853-10 Standard Test Method for Determination of Lead in Paint Layers and Similar Coatings or in Substrates and Homogenous Materials by Energy Dispersive X-Ray Fluorescence Spectrometry Using Multiple Monochromatic Excitation Beams
Yes, provided that certain conditions are met. See our FAQs on component part testing, which includes information on composite testing.
Yes, but the component part testing must be conducted on the dried paint film that is scraped off of a surface to properly measure by weight. Consistent with the regulation, testing paint or similar surface coatings in their liquid form cannot provide a basis for properly issuing a component part certificate. See our FAQs on component part testing.
No, the paint does not need to be scraped off of a sample of the finished product. The paint may be applied to any suitable substrate in order to dry, and the substrate used need not be of the same material as in the finished product. For testing purposes, a larger quantity of paint may need to be tested than the quantity actually used on the finished product.
No. Small, painted areas are not exempt from the applicable lead limits.
No. Electroplating is specifically excluded from the definition of the paint and other similar surface-coating materials at 16 C.F.R. § 1303.2(b)(1).
Yes.
The following products are exempt if the product meets the labeling at 16 C.F.R. § 1303.3(a):
- Agricultural and industrial equipment refinish coatings
- Building and equipment maintenance coatings
- Products marketed solely for use on billboards, road signs, and similar products
- Touch-up coatings for agricultural equipment, lawn and garden equipment, and appliances
- Catalyzed coatings marketed solely for use on radio-controlled model airplanes.
The following products are exempt, and no cautionary labeling is required:
- Mirrors that are part of furniture articles with lead-containing backing paint
- Artists paints
- Metal furniture (other than children's furniture) with a factory-applied lead coating, like powder coating
The answer depends on whether the textile ink bonds with the fiber or if it can be scraped off of the textile substrate. If the ink can be scraped off the substrate, it must comply with the lead in paint requirements (0.009 percent or 90 ppm).
Many ink systems used in textile screen printing are plastisol-based or water-based and, if applied properly, fuse with the textile substrate and will not be able to be scraped off the substrate. Each case may vary, depending upon the type of ink and application system used along with the individual characteristics of the screen print and substrate.
Accordingly, where the ink cannot be scraped off the textile, CPSC staff treats the ink as being part of the substrate. Therefore, the entire children's garment (i.e., both the textile garment and the screen printing on the garment tested together), must comply with the 100 parts per million limit for total lead content. Note that the Commission has already determined, per 16 C.F.R. § 1500.91(d)(7), that natural and manufactured textiles (dyed and undyed) will not contain lead in excess of the 100 ppm limit and, therefore, do not require testing.
Certain specialty textile ink systems may use inks that are absorbed into the fabric and bond with the fabric substrate, effectively acting like a dye. CPSC staff treats such textile inks as a dyed textile and not subject to any testing for lead in paint or for total lead content. Each case may vary depending upon the type of ink system used and the individual characteristics of the screen print and substrate.
Keep in mind that all garments for adults and children are also subject to other regulatory requirements, such as requirements on the flammability of wearing apparel and children's sleepwear. In addition, child care articles used to facilitate sleeping and eating, such as children's sleepwear and bibs, are also subject to the phthalates regulation.
No. Paper printing inks are not considered to be paints or similar surface coating materials since the ink becomes part of the substrate. See 16 C.F.R. § 1303.2(b)(1). Instead, ordinary printing on paper is subject to the total lead content requirement. See our total lead content business guidance page for more information.
Yes.
Children’s toys must comply with 16 C.F.R. part 1250, which incorporates by reference ASTM F963. The referenced standard places additional limits on the amounts of antimony, arsenic, barium, cadmium, chromium, lead, mercury, and selenium in paints and surface coatings based on the soluble portion of that material using a specified extraction method given in the standard. For more information, visit our children’s toy business guidance page.
In addition, certain surface coatings (such as screen-printing for fabrics) may use phthalates as a solvent. Such surface coatings, if used in a children’s toy or child care article, must comply with 16 C.F.R. part 1307 which limits the level of certain phthalates in plasticized components. For more information, visit our phthalates business guidance page.
Yes, provided that the playground equipment is designed or intended primarily for use by children 12 years of age or younger. For more information, visit our playground business guidance page.