There are two distinct requirements concerning lead in children’s products:
- Total Lead Content
Accessible components of children's products manufactured in or imported into the United States must not contain more than 100 parts per million (ppm) of total lead content. For more information, visit our total lead content business guidance page. - Lead in Paint and Similar Surface Coatings
Paint and similar surface coatings used in children's products must not contain a concentration of lead greater than 0.009 percent (90 parts per million). For more information, visit our lead in paint business guidance page.
You can find the law codified at 15 U.S.C. § 1278a.
All accessible component parts of the children's product must comply with the total lead limits requirement. 16 C.F.R. § 1500.87 provides guidance on accessibility.
Manufacturers and importers of children’s products must third-party test their product using a CPSC-accepted laboratory.
There are a number of exemptions and exceptions to the third party testing requirement that may apply depending on the specifics of the individual product. Visit our total lead content business guidance page for more information on these exemptions and exceptions.
Yes, provided that certain conditions are satisfied. The Commission has issued a regulation regarding testing component parts at 16 C.F.R. part 1109. 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 (i.e., periodic testing is met and testing was conducted by a third-party, CPSC-accepted laboratory), and be given access to the underlying documentation, such as test results and attestations regarding how the testing was conducted and by whom.
Manufacturers and importers must certify, based on the results of the third party testing, that your children's product complies with the applicable children’s product safety regulations.
Your certification must contain all of the required elements of a Children's Product Certificate (CPC).
The applicable test methods for the ban on total lead content are:
- Lead Content in Children's Metal Products: Standard Operating Procedure for Determining Total Lead (Pb) in Metal Children's Products (including Children's Metal Jewelry), Revision November 15, 2012, Test Method CPSC-CH-E1001-08.3.
- Lead Content in Children's Non-Metal Products: Standard Operating Procedure for Determining Total Lead (Pb) in Non-Metal Children's Products, Revision November 15, 2012, Test Method CPSC-CH-E1002-08.3.
Note: Following development of the initial versions of the test methods for measuring lead in metal and nonmetal products, Test Method CPSC-CH-E1001-08.1 and Test Method CPSC-CH-E1002-08.1, respectively, CPSC staff developed Test Method CPSC-CH-E1001-08.2 and Test Method CPSC-CH-E1002-08.2 with expanded options for the use of X-ray Fluorescence (XRF). CPSC staff further expanded the options for the use of XRF in the current test methods: Test Method CPSC-CH-E1001-08.3 and Test Method CPSC-CH-E1002-08.3.
Accreditation to any of the previous versions of these test methods will remain acceptable unless the Commission provides a notice of phasing out previous versions.
Some XRF technology is approved to test certain types of homogenous materials, with limitations, such as certain metal materials, polymers and plastics, and crystal, ceramic, and other siliceous materials. Approval of XRF technology has reduced the price of third party testing for lead content. Additionally, there is a specific XRF technology, per ASTM F2853 that is approved for use in testing to the separate lead-in-paint requirements.
Yes. Other countries have requirements and testing methods that differ from those of the CPSC.
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.
Yes.
The Commission has determined that certain materials are exempt from testing for total lead content:
- Untreated/unadulterated materials listed at 16 C.F.R. § 1500.91
- Certain untreated and unfinished engineered wood products listed at 16 C.F.R. § 1252.3(a)
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 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.
Yes.
Per 16 C.F.R. § 1500.91(d)(7), natural and manufactured fiber textiles have been determined to not contain levels of lead in excess of the limits and do not need to be third-party tested for compliance with the total lead content requirement.
To rely on this determination, you must ensure that the textiles are not treated or adulterated in any way with materials that could introduce lead into the material. Dyes are not considered to be a material that may introduce lead into a material.
If you choose to print on your textile with after-treatment applications (such as screen prints, transfers, decals, or other prints), you can no longer rely on the determination. You must have your inks, applications or the final product tested by a CPSC-accepted laboratory or have the component supplier provide you with a CPC certifying that the inks passed testing by a third-party, 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. If you are printing with a "dye-like ink," then, instead of ensuring compliance with the "lead in paint" requirements (a 90 ppm limit), your garment is likely to be exempt from testing. If you intend to rely on this materials determination, you must conduct reasonable due diligence with your supplier or manufacturer to ensure the nature of the ink being used is in fact dye-like ink.
Generally, CPSC staff differentiates inks, paints, or pigments that effectively act like dye by applying a scraping test. If the ink, paint, or pigment scrapes off then it is considered to be a surface coating (subject to the lead in paint limit of 90ppm); if it does not scrape off, then it is considered to be part of the textile itself (subject to the total lead content limit of 100ppm).
A component part is not accessible if:
- it is not physically exposed by reason of a sealed covering or casing; and
- does not become physically exposed through reasonably foreseeable use and abuse of the product.
16 C.F.R. § 1500.87 provides guidance on accessibility.
No. Paints, coatings, and electroplating are not considered to be barriers that would make a component part inaccessible.
It depends.
A component part of a children's product is inaccessible 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 including swallowing, mouthing, breaking, or other children's activities, and the aging of the product, as determined by the Commission.
In addition to passing all applicable use and abuse testing, children’s products or component parts of children’s products which are enclosed, encased, or covered by fabric must measure 5 centimeters or greater in all dimensions to be considered inaccessible.
16 C.F.R. § 1500.87 provides guidance on accessibility.
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 in certain component parts. Specific lead limits for such products may be found in our regulation 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.
Yes. Per 15 U.S.C. § 1278a(b)(5), 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 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.
Yes. Per 15 U.S.C. § 1278a(b)(6) metal components of bicycles and related products are permitted to contain up to 300 ppm of lead. The list of metal component parts to which this exception applies is found in the Commission's notice at 74 FR 31254.
The Commission also 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).
Children's bicycles must still be third-party tested and certified as compliant with 16 C.F.R. part 1512. Please see our bicycle business guidance page for additional information.
Yes. Per 15 U.S.C. § 2063(d)(5)(A), 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, or any toy or other article that is not a book that is sold or packaged with an ordinary book.
Yes. Per 15 U.S.C. § 1278a(b)(7), 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.
Please see our resale/thrift stores business guidance page for more information.
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. Also, disposable packaging is not subject to third-party testing and certification requirements.
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 applicable children’s product safety regulations.
It should 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.
Such products that are intended for children for educational purposes are exempt for classification as a banned hazardous substance under the Federal Hazardous Substances Act (FHSA) per 16 C.F.R. § 1500.85(a)(1), which would include the total lead content limit, if:
- the functional purpose of the particular educational item requires inclusion of the hazardous substance (commonly referred to as the functional purpose exemption);
- it bears labeling giving adequate directions and warnings for safe use; and
- is intended for use by children who have attained sufficient maturity, and may reasonably be expected, to read and heed such directions and warnings.
Note that this exemption is specific to the total lead content. The lead in paint and similar surface coating requirement at 16 C.F.R. part 1303 must still be met for children’s educational products.
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). Please see our art materials business guidance page for more information.
Yes, provided that the outdoor playground equipment is designed or intended primarily for use by children 12 years of age or younger. Please see our playground business guidance page for more information.
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 C.F.R. § 1500.91, has determined that paper and other similar materials and CMYK process printing inks commonly used in printing on paper do not require 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 per 15 U.S.C. § 2063(d)(5)(A).
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.